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City Council Packet - 04/28/1998 CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING APRIL ZSo 1995 COUNCIL MEETING WILL NOT BE TELEVISED 1Aadm1jo1ccpkt3,doc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Zr jff y f~ r FY ff • r.{r •F a • . y+.:.: r ~}•,2.'} yr f#:;s . } y y :}f } +{fir. F}: L. f; G: ice'.` v2Fis. 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F,. '4:::~i:J:;{i:f:{;:,'{!{iFi:{~}••:F::n {:{i }k{v?f>:{f iii{:'FRi? {iF :r~%v'f.::{.: iY.~•.:rh3:•:v:ti n %:Sl:.i:^Yi:+R'i:•:•:::{FF: PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - APRIL 28 1998- PAGE 1 AGENDA TIGARD CITY COUNCIL BUSINESS MEETING APRIL 28, 1998 - 6:30 PM 6:30 PM • STUDY SESSION > Introduce Susan Koepping, Volunteer Coordinator > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not is close any information discussed during this session. > Tour of New Police Department Addition 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications/Liaison Reports 1.5 Call to Council and Staff for Non-Agenda items 2. PROCLAMATION - PHYSICAL FITNESS AND SPORTS MONTH AND FITNESS DAY IN OREGON Y Mayor Nicoll 3. VISITOR'S AGENDA (Two Minutes or Less, Please) 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve City Council Meeting Minutes: April 7, 1996 4.2 Award Contract for Audit Services to Pauly, Rogers & Company COUNCIL AGENDA - APRIL 28 1998- PAGE 2 o Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 6. REMOVAL OF PARKING PROHIBITIONS ON SW 66TH AVENUE AND SW LANDMARK LANE • Staff Report: Engineering Department • Council Discussion • Council Consideration: Ordinance No. 98- 6. PUBLIC HEARING (QUASI-JUDICIAL) - RAZ TRANSPORTATION APPEAL OF THE PLANNING COMMISSION'S MODIFICATION CONCERNING A PREVIOUSLY ISSUED DIRECTOR'S INTERPRETATION RELATED TO THE STATUS OF A NON-CONFORMING COMMERCIAL USE a. Open Public Hearing. b. Declarations or Challenges C. Staff Report: Finance Director d. Public Testimony e. Staff Recommendations f. Council Questions g. Close Public Hearing h. Council Consideration: Resolution No. 98- 7. NON-AGENDA ITEMS 8. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not is close any information discussed during this session. 9. ADJOURNMENT I:\ADM\CATHY\CCA\980428 P. DOC COUNCIL AGENDA - APRIL 28 1998- PAGE 3 11111; 11 111 11111 IN!, Agenda Item No. 3,1 Meeting ®f Wa314g TIGARD CITY COUNCIL MEETING MINUTES - APRIL 28, 1998 • STUDY SESSION > Meeting was called to order at 6:35 p.m. by Mayor Jim Nicoli > Council Present: Mayor Jim Nicoli, Councilors Brian Moore, Bob Rohlf, and Ken Scheckla. > Staff Present: City Manager Bill Monahan; Asst. to the City Manager Liz Newton; City ~ Recorder Catherine Wheatley; Community Development Director Jim Hendryx; Risk/Management Analyst Loreen Mills; Legal Counsel Tim Ramis; and City Engineer Gus Duenas. > Volunteer Coordinator Liz Newton, Asst. to the City Manager, introduced Susan Koepping, Volunteer Coordinator. Ms. Koepping expressed her appreciation for the Council and staff support of the volunteer program, as evidenced by the Volunteer Recognition Dinner. She reviewed her background in working with volunteers. > Bond Measures Bill Monahan, City Manager, announced that staff has scheduled a briefing on opportunities on election law for elected officials, staff, boards, and volunteers for the May 26 meeting. He said that they would invite the Planning Commission and Library Board to attend. > Executive Session The Tigard City Council went into Executive Session at 6:40 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. > Executive Session adjourned to Study Session at 7:00 p.m. > Agenda Review Mr. Monahan advised the Council that Mr. Hendryx was prepared to handle Martha Bishop's question regarding preapp conferences. He noted the addition of the "Be Kind to Animal Week" proclamation. Mayor Nicoli asked for further discussion of the 2040 planning group list. > The Council took a tour of the new addition to the Police Department. 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board Mayor Nicoli called the business meeting to order at 7:30 p.m. Boy Scout Troop 423 led the Council in the Pledge of Allegiance. The Mayor thanked the scouts and the Council distributed lapel pins. CITY COUNCIL MEETING MINUTES - APRIL 28, 1998 - PAGE 1 1.3 Council Communications/Linison Reports: None 1.4 Call to Council and Staff for Non-Agenda Items Mr. Monahan mentioned the "Be Kind to Animal Week" proclamation, discussion on the appointment of the Washington Square Task Force, and his report on the April 22 meeting of the downtown group. Mayor Nicoli said that he had a report from the meeting he had with the Mayor of Wilsonville and the Tualatin Valley Water District Board Chair. 2. PROCLAMATIONS The Mayor announced proclamations for Physical Fitness and Sports Month and Fitness Day in Oregon and for Be Kind to Animals Week (May 3 - 9). 3. VISITOR'S AGENDA Martha Bishop, 10590 SW Cook Lane, reported that the developer meeting with a CIT regarding a day nursery school on Park Street did not include any of the usual information presented in the past to a CIT on a potential development, such as neighborhood impacts and traffic impacts. She said that she wrote a letter to Tim Ramis asking if traffic impact studies were not a requirement of the Code. Tim Ramis, City Attorney, commented that the Code was somewhat ambiguous about traffic studies. He said that they would try to tighten up the Code provisions on requiring developers to address traffic issues. He noted Ms. Bishop's other question regarding pre-app conferences. He said that the preapp conference was a valuable tool for both the developer and the community to figure out a way to do the development. Jim Hendryx, Community Development Director, mentioned that in a letter Ms. Bishop requested more information on pre-app conferences. He said that staff would evaluate what information should be shared at CIT meetings and alternate methods of providing more information to the neighbors. Ms. Bishop commented that notifying neighbors within 250 feet of a proposed development was not sufficient to inform a neighborhood about a proposed development. 4. CONSENT AGENDA Councilor Rohlf asked if cost was the reason that Coopers was not retained as auditor this year. Staff explained that Coopers did not bid this year, as they were getting out of the municipal business. Motion by Councilor Rohlf, seconded by Councilor Moore, for adoption of the consent agenda. Motion approved by unanimous vote of the Council present (Mayor Nicoli, Councilors Moore, Rohlf, and Scheckla voting "yes.") 4.1 Approve Council Minutes: April 7, 1998 4.2 Award Contract for Audit Services to Pauly, Rogers & Company CITY COUNCIL MEETING MINUTES - APRIL 28, 1998 - PAGE 2 5. REMOVAL OF PARKING PROHIBITIONS ON SW 66TH AVENUE AND SW LANDMARK LANE Mayor Nicoli declared an ex pane contact. He said that one of the property owners contacted him but he referred him to staff. STAFF REPORT Gus Duenas, City Engineer, said that staff received simultaneous but separate requests from the property owners on Landmark Lane and on SW 66"' Avenue to remove the parking restrictions on those streets. He reviewed the locations of the streets on a map. He said that staff reviewed the requests and saw no reason to retain the parking restrictions. He recommended approval of the ordinance lifting the parking restrictions. PUBLIC TESTIMONY Mayor Nicoli asked for public testimony. There was none. COUNCIL DISCUSSION Councilor Rohlf asked if there would still be room in the streets for safe vehicle access if they allowed parking on both sides of the streets. Mr. Duenas said yes. He explained that Landmark Street was primarily a business street, and staff was not sure why the parking restrictions had been placed on it in the first place. Councilor Moore suggested in the future documenting the reasons for placement of no parking signs. Mr. Duenas said that the restrictions were placed as an emergency measure in 1982 but the traffic foreseen never developed. Motion by Councilor Scheckla, seconded by Councilor Rohlf, for the adoption of Ordinance 98-09. The City Recorder read the number and title of the ordinance. ORDINANCE NO. 98-09, AN ORDINANCE TO REPEAL SECTIONS 10.28.130 (51) AND 10.28.130 (52) OF THE TIGARD MUNICIPAL CODE PROHIBITING PARKING ON SW 66TH AVENUE AND SW LANDMARK LANE RESPECTIVELY. Motion passed by unanimous roll call vote of the Council present. (Mayor Nicoli, Councilors Moore, Rohlf and Scheckla voting "yes.") 6. PUBLIC HEARING (QUASI-JUDICIAL): RAZ TRANSPORTATION APPEAL OF THE PLANNING COMMISSION'S MODIFICATION CONCERNING A PREVIOUSLY ISSUED DIRECTOR'S INTERPRETATION RELATED TO THE STATUS OF A NON- CONFORMING COMMERCIAL USE a. Mayor Nicoli read the hearing title and opened the public hearing. b. Declarations or Challenges: None CITY COUNCIL MEETING MINUTES - APRIL 28, 1998 - PAGE 3 MINI c. Staff' Report Dick BewersdorfT, Planning Manager, presented the staff report. He explained that Planning Commission modification required that the northern 200 feet of the Raz property be returned to an unused state, consistent with the staff recommendation. Mr. Bewersdorff reviewed the history of the matter. He said that on April 12, 1997, Raz applied for a Director's Interpretation concerning the previous use of the property because it had split zoning (general commercial to the south and R-12 medium density residential to the north). Relying on affidavits provided by Raz concerning the historic use of the property since 1944, the director found that bus storage was consistent with the non-conforming provisions of the ordinance. Mr. Bewersdorff said that when the neighboring property owners appealed the decision to LUBA, the director requested a continuance for further review. Based upon new evidence, the director issued a new interpretation. During the public process the property owner submitted affidavits supporting the previous interpretation. Mr. Bewersdorff reviewed the Development Code provision on non-conforming use which stated that if a non-conforming use was discontinued or abandoned for a period of six months for any reason, any subsequent use of the land would conform to the uses permitted by the property zoning. He said that the Planning Commission found persuasive the aerial photos submitted to demonstrate the lack of use of the property for pe-iods of time exceeding six months, and the corroborating neighbor testimony. Mr. Bewersdorff explained that the applicant appealed the decision based on procedural issues. The appellant contended that the Commission did not have the jurisdiction to make the modification decision, and that the property owner Mr. Aman had only five days to respond to the staff recommendation. Mr. Bewersdorff noted the City Attorney's finding that Section 18.32.390 did assign authority in the matter to the director and the Planning Commission. Mr. Bewersdorff said that on November 25, 1997, Raz Transportation was notified by the director that he was initiating a new review of the previous director's interpretation. Staff notified the property owner Mr. Aman on December 8, 1997, and provided him a period in which to respond to the aerial photo evidence (which he did through affidavits on the previous use of the property). He mentioned that Mr. Aman received notice of the Commission hearing 20 days in advance with the staff report mailed seven days prior to the meeting. Mr. Bewersdorff noted the evidence of the aerial photos and director's interpretation versus the affidavits and testimony. He recommended upholding the Commission's decision that the aerial photos and testimony indicated that there was not a continuous use of the property from approximately 200 feet from the northern property line. Councilor Scheckla asked what the property had been used for. Mr. Bewersdorff said that according to the affidavits the property was used; according to the aerial photographs the property was not used, except for occasional storage of materials. He confirmed that the aerial photos were taken on different dates. Mayor Nicoli asked for clarification on the LUBA appeal. Mr. Bewersdorff explained that the property owners to the north (who did not receive notification of the interpretation) used their right to appeal the decision to LUBA. However, LUBA did not render a decision because of the CITY COUNCIL MEETING MINUTES - APRIL 28, 1998 - PAGE 4 i; oil JUDITH KENT TEACHER - COUNSELOR CHILD DEVELOPMENT SPECIALIST 15170 S.W. 133rd Avenue Tigard, Oregon 97224 (503)620-3666 agreement between the appellant and the City. d. Public Testimony Mayor Nicoli read the hearing procedures and criteria. PROPONENT > Steve Moskowitz, 111 SW Columbia #1080, Portland, representing Walter Aman AKA Business Services, the property owner, contended that the issue tonight did not involve a land use issue but rather a noise problem which the Planning Commission decision would not solve. He referenced the acoustical engineer's testimony before the Commission that the decibel levels emanating from the property were within the city code standards. He stated that moving operations back 200 feet from the north property line would not change the decibel level appreciably. Mr. Moskowitz mentioned confusion among the Planning Commissioners at the hearing as to whether the Code criteria regarding non-conforming uses was applied to an increase in the intensity of the use or to the expansion of physical space for the use. He argued that the criteria referred to expansion of physical space. Mr. Moskowitz referenced the five affidavits from individuals who represented the various uses of the property from 1943 to the present; the affadavits testified that the property was used for buses, heavy construction equipment, and trucking operations covering the whole property site. He noted the opposing testimony from three neighbors and a maintenance supervisor that the operations had not used the full expanse of the property. He said that the argument seemed to be that grassy areas in the aerial photos indicated no bus use while areas with no grass indicated bus use. He cited Mr. Kessler's testimony, a tenant from 1979 to 1993, that the photos were taken in the middle of the day when the buses were off the lot. He mentioned that currently Raz assigned 60 buses to this lot, most of which used it in the late afternoon or night due to the nature of school bus and touring bus operations. Mr. Moskowitz commented that he thought that the Commissioners were frustrated because they did not believe that they had the authority to reach a compromise solution. He said that they said that they accepted the staffs arbitrary recommendation of 200 feet because they had nothing else to go on. > Walter Aman, 10626 SW Barbur Blvd., Portland, property owner, commented that they found the photos to be somewhat dubious evidence. He held that everyone involved in this matter recognized that they were dealing with nuisance issues but because the nuisance did not violate any city ordinance, land use law was used to try to solve the problem. He stated that there was no question as to the historic use of the property, as anyone living in Tigard for any length of time could attest. Mr. Aman spoke to the staff argument that the existence of grass meant that an area had not been driven on for any six month period (based on the annual aerial photos). He contended that grass grew well in Oregon. He said that the ground was hard and that the yard has been used as a construction yard, storage area, and bus facility for a number of years. He stated that they never said that every square inch has been parked or driven on every hour of every day for any period of time. He said that based on his personal knowledge as the property owner since 1993, the property has been used extensively. He said that they did not back up right to the fence nor use CITY COUNCIL MEETING MINUTES - APRIL 28, 1998 - PAGE 5 it as intensely as Raz has. Mr. Aman argued that the 200 foot setback would not solve the problem of the noise and activity level that disturbed the Sleepy Hollow residents. He said that he planned to make major property improvements to abate the noise but has been prevented from doing so by the proceedings of the past six months. Mr. Aman held that the City's policy on notifying property owners of nuisance issues was either vague or nonexistent. He said that since communication was with the tenant, not the owner, he had not been in a position to intervene to protect his rights as a property owner and prevent the land use action from occurring in the first place. He asked the Council to address this problem to see that property owners were notified of nuisance issues in the future. Mr. Aman reiterated the suggestion he made to the Planning Commission to set a 100 foot setback as a compromise solution that was consistent with the evidence. He said that he would then proceed with noise abatement improvements that would satisfy the neighbors' concerns and allow operations to continue on the remainder of the property. He mentioned that he has discussed noise abatement improvements with staff. He commented that while he had understood from the deliberations that the Commission felt such a compromise was more equitable and consistent with the evidence, the Commission did not feel that they had the authority to accept such a solution, and instead accepted the staff recommendation of a 200 foot setback. PROPONENTS > Jack Orchard, 1100 One Main Place, representing the Sleepy Hollow property owner, noted that the Commission decision made two separate findings regarding the non-conforming use. He said that the Commission found that there had not been a continuous use made of the most northerly 200 feet of the site, and that Raz Transportation had already exhibited an intensification of use. He commented that he disagreed with Mr. Aman's description of what the Commission said. Mr. Orchard said that they appreciated that Mr. Aman has offered a compromise on nuisance issues but contended that this was a land use problem, a problem created by the use of the most northerly 200 feet of the property which was not used previously. Mr. Orchard stated that clearly Raz had the right to use much of the site. He mentioned the split zoning. He argued that the aerial photos clearly showed that the south half of the property up to the 200 foot line has been in commercial use. He noted the oval track worn by vehicles using the site for years. He contended that the aerial photos documented a travel and use pattern on the property in the area where Raz belonged. He reiterated that testimony before the Commission indicated that the northern part of the property, adjacent to Sleepy Hollow and Hawthorne Villa, has never had buses on it. Mr. Orchard reviewed the evidence presented to support the argument that there has been a discontinuance of use for at least a six month period on the northern 200 feet. He referenced the aerial photos demonstrating that the area was unused or had only incidental use, and the testimony of the neighbors, especially the longer term residents (more than one year). He explained that Sleepy Hollow units were townhouses. Therefore the residents testified not only what they saw at ground level but also looking down on the property from the second floor. He pointed out that the Commission found the eyewitness testimony of the Sleepy Hollow and Hawthorne Villa residents persuasive. CITY COUNCIL MEETING MINUTES - APRIL 28, 1998 - PAGE 6 Mr. Orchard said that Mr. Aman has conceded two points: the Raz use was far more intensive than what has occurred on the site before, and storage on the property has been scattered. He contended that Mr. Aman and the Raz people could not tell the Planning Commission that there was consistent, concerted use of the northern 200 feet of the property. He argued that the aerial photos provided the evidence to demonstrate where the activity has occurred and where it has not. Mr. Orchard reviewed the evidence supporting the contention of an intensification of use under Raz. He mentioned the testimony of the neighbors regarding the change in use and impacts from the increased number of vehicles, and the evidence of the aerial photos that the northern 200 feet was an undisturbed area of grass without tracks. He noted the testimony that a bus got stuck in this area, indicating that the ground had soil spots and was not used for bus storage. He pointed out the installation of lights in the northern half of the property by Raz, asking why those lights were not installed before if that area was used continuously. Mr. Orchard commented that this has been a fairly civilized discussion for an issue on which emotions ran fairly strongly. He held that the original director's decision was based upon incomplete evidence, pointing out that the neighbors did not have the opportunity to present their evidence at that time. He spoke to maintaining the 200 foot setback designated by staff as the appropriate area of non-activity. He said that the Sleepy Hollow owners were comfortable with the staff recommendation. Mr. Orchard reiterated that this was a land use issue. He said that that portion of the property was zoned residential. He stated that the multifamily apartment complexes to the north and west of the property were the type of uses allowed by the zone. He spoke to the Commission's careful review of this matter before reaching their decision that the 200 foot area should be eliminated from Raz's area of operations (which were non-conforming uses for residential). He stated that there was no argument that Raz was free to use the remainder of the site to the full extent that it could. > Dawn Holland, Sleepy Hollow Apartments resident, 10900 SW 76`h Place, testified that when her family moved in 14 months ago, the Raz property was an open field with no activity. She said that last June/July, they noticed surveying activity, and then in September, the buses came. She stated that if they had known what would happen, they would not have selected Sleepy Hollow to be their home. She reiterated that from March to September there was no bus activity in that area. Ms. Holland recounted an incident in which the noise from the buses was so loud at 10:30 p.m., her 11 year old daughter woke up thinking that her alarm had gone off and it was time to get up. She mentioned that Raz has put a caution tape up since the Commission's ruling and seemed not to be using the area. She asked to keep the 200 feet setback in place. > Amber Hubbard, 11845 SW Reid Court, Beaverton, stated that she managed the Sleepy Hollow apartments from May 1991 to March 1998. She said that when she moved into Sleepy Hollow in March 1991, she had a clear view from her unit of the field in question. She stated that it was a grassy field with buses further back by the large maintenance building. She said that as manager, she frequently looked over the fence to see whether the blackberry bushes needed trimming back or to use the view of the open grassy field as a marketing tool with prospective tenants. She said that until Raz moved in, she received no complaints regarding bus noise. Since then she has received numerous complaints. She confirmed to Councilor Scheckla that there were 65 apartment units. CITY COUNCIL MEETING MINUTES - APRIL 28, 1998 - PAGE 7 > Carol Getkin, Sleepy Hollow resident, 10900 SW 791h Place, mentioned that she and her husband-to-be chose Sleepy Hollow three years ago to be their home because it met their criteria which included a quiet setting. She said that they toured their unit at 6 p.m. on a Wednesday evening and saw a few buses on the property a long way from the back fence. She stated that for the first two years they rarely heard noise from the backlot area but, beginning with the Rose Festival in June last year, the bus activity and noise level began increasing. Ms. Getkin testified that she and her husband called Raz in July and began proceedings as the noise and activity levels increased to all day every day. She said that with her need for surgery and the deleterious effect of lack of sleep on her general health, in September she and her husband moved to a different unit on the north side of the complex. However they could still hear the noise of the buses. In addition the bus fumes were so strong that they could not use their patio or keep the windows open. She held that their quality of life has deteriorated significantly since Raz moved in. > James Thorpe, 8440 NE Sumner, Portland, said that he was a Maintenance Supervisor with Harsch Investments, owners of Sleepy Hollow. He said that he has worked the Sleepy Hollow property since July 1991 with numerous occasions to see the field while working on the back fence or on the roof. He said that he has never seen a vehicle on the 200 feet in question, although there was activity further back but not so as he noticed. He reiterated that it was an empty field. > Stacey Morgan, 10900 SW 761h, Sleepy Hollow resident, said that she has lived at the complex since October 1992. She explained that her entire apartment lay along the fence line. She testified that for many years the property had grown grass to a foot high against the fenceline. She said that other than mowing machines, there have not been any vehicles in that area for quite a long time. She said that she first noticed increased activity when the lights were put in closer to the fence around March 1997. Ms. Morgan said that at first one bus sat in the field for two or three months and then they started bringing buses right up to the fence line. She said that both she and her husband have been woken up numerous times at various hours of the night by the revving and idling of the buses. She expressed concern about the fumes, the ugly view, and the bright lighting. She said that Larry at Raz was very nice but their efforts to provide him with bus numbers did not slow down the activity. She said that she has had walls shake with items falling off and breaking. REBUTTAL Mr. Moskowitz noted that concerns expressed here tonight dealt with increases in the level of operations or the numbers of buses. He reiterated his contention that intensification of use was irrelevant to the Tigard City Code on non-conforming uses which stated that there should be no enlargement or expansion of the area being used for the non-conforming use. He said that the question was how much of the property was used for this particular purpose, not how many buses were using it. Mr. Moskowitz referenced the affidavit testimony that heavy equipment used the full length of the property. He said that while Raz may have intensified the use, that was not the Code standard. The Code standard was how much of the area of the property was being used in the non- conforming use. CITY COUNCIL MEETING MINUTES - APRIL 28, 1998 - PAGE 8 Councilor Scheckla asked for clarification on the location of the Hawthorne Villa Apartments. Mr. Aman pointed out their location on a map. Councilor Scheckla asked why no one from Hawthorne Villa was here to testify, since a noise problem should affect them also. Mr. Bewersdorff said that staff did receive testimony from Hawthorne Villa that they have received similar intensity complaints about noise in the area. He mentioned that the units were further separated from the Raz property by a parking lot. Mr. Aman clarified that the caution tape currently in place on the property was set at the 100 foot mark. He reviewed the noise abatement suggestions they have discussed with the planning staff: a 10 foot berm running the full length of the property(50 to 60 feet wide at the base), planted with vegetation and trees. He said that it was more visually attractive than a concrete noise abatement fence. Councilor Scheckla asked about the blackberry bushes. Mr. Aman said that since he bought the property in 1993, no vegetation has been removed from the back portion of the property which was covered in buffalo grass and weeds. Mr. Aman said that the ground was hard and historically had been covered in gravel. He reiterated that they have never said that the intensity of use has remained constant but they did contend that the property has been used to store equipment. He said that he has personally parked equipment on the back lot beyond the 200 foot line but not the 100 foot line. He mentioned the historic circular driveway used to back vehicles into the service area. He stated that there was no question that the more intense use would be closer to the building because drivers parked as close to the building as they could get. e. Council Questions Councilor Rohlf asked if the proposed berm would be effective in mitigating the noise and view. Mr. Bewersdorff said that staff did not have any experience with this type of berm. Councilor Rohlf commented that he did not think that a distance of 200 feet would help much with the noise problem, although it might help with the fumes. Councilor Rohlf asked if staff has explored mitigation proposals with the neighborhood to see if they were willing to test mitigation efforts. Mr. Bewersdorff said that Raz talked with the neighbors about berming but he did not know if they have discussed Mr. Aman's latest proposal. Councilor Moore asked for clarification on non-conforming use. Mr. Bewersdorff explained that the use preceded the zoning by a considerable period of time. He said that it was used for storage of heavy equipment in 1944, possibly in conjunction with building I-5. He stated that staff found persuasive the aerial photo evidence of a discontinuance of use for six months on the rear 200 feet of the property. Mr. Ramis said that the first question in a non-conforming use case was whether or not one could establish that the use existed and predated the zoning requirement. If so, then one had to establish some level of non-conforming use. He explained that in the Tigard Code, if a property owner abandoned the use for six months, he lost his "grandfather" right. He noted another question regarding whether or not a use could be intensified. He pointed out that one side argued that the Code did not take into account intensification of use, the other side argued that it did and that owners were not permitted to intensify a use. He said that the Code was somewhat ambiguous on this point; it needed a Council interpretation. CITY COUNCIL MEETING MINUTES - APRIL 28, 1998 - PAGE 9 Councilor Rohlf asked if the noise and fumes spreading beyond the property lines constituted an expanded use of the property over an expanded area. Mr. Ramis said that that was another possible interpretation of the language and reiterated that the Council needed to determine how it interpreted the Code language. Councilor Scheckla asked about intermittent uses. Mr. Ramis explained that the law allowed uses to stop and start when the character of the use was intermittent, such as mining. Councilor Scheckla mentioned a truck operation on the site years ago that apparently generated no noise complaints. Mr. Bewersdorff confirmed to Councilor Rohlf that the City records did not go back far enough to verify that there were no complaints. E Mayor Nicoli close the public hearing g. Council Consideration: Resolution No. 98-24 Mr. Bewersdorff recommended upholding the Planning Commission decision to modify the original director's interpretation. Councilor Rohlf said that while he could support the staff recommendation, he would like to see the groups try to reach a common solution that allowed the property owner the use of his property while protecting the neighbors' enjoyment of their property. Councilor Scheckla spoke in support of the berm proposal. Mayor Nicoli asked for clarification on what the Council could do this evening. Mr. Ramis explained that on appeals, the Council could affirm, reverse or modify a decision, including imposing conditions. He said that to impose the berm condition, Council would have to find that there was a non-conforming use existing on the site to some extent, and that they resolved the conflict with the 100 foot setback. Councilor Rohlf asked if they could affirm the Commission's decision but postpone its taking effect to allow a time period for the parties to work out a solution. Councilor Moore expressed his belief that not even a 400 foot buffer would sufficiently alleviate the noise or the odor problems. He spoke to finding a better solution to the problem. The Mayor held that the neighbors' testimony indicated that the problems of noise and odor did not occur until they started parking the buses next to the fenceline. He commented that this situation should have gone to mediation first. Mayor Nicoli said that while he would like to see a better solution, he thought that the Commission made a correct decision. Councilor Rohlf said that no one was saying that the Commission made a mistake. He asked what was the extent of the Council's power to modify the Commission's decision. Mr. Ramis said that whatever Council did, it had to be consistent with carrying out the Code based on the evidence in the record. Councilor Scheckla spoke to continuing the meeting to allow the parties to find a modification agreeable to all, and then return to the Council. Councilor Moore asked if the Council could uphold the Commission decision and then the property owner return with an application modifying the original request. CITY COUNCIL MEETING MINUTES - APRII. 28, 1998 - PAGE 10 Mr. Hendryx noted that there were two separate issues in the discussion: Did Raz expand the non-conforming use into the 200 foot area or not, and the noise issue. He said that if the Council decided to require the 100 foot setback and a berm, then they had to find that the owner had used the additional 100 feet continuously over time. He mentioned that the Council could make the interpretation of the existing provisions that an increase in the intensity of use was another type of expansion, requiring mitigation. He commented that he could not guarantee that a berm would solve all the problems. He pointed out that staff looked at this matter solely from area space - did they utilize more of the property than they previously had - not from intensification of use, which was another interpretation. Mayor Nicoli asked how staff arrived at the 200 foot setback. Mr. Hendryx said that based upon the evidence, staff found that the 200 feet had been discontinued from use for a period greater than six months. Councilor Rohlf reiterated that he supported the findings of the Planning Commission. He said that he had no doubt that the use intensified and that they were using more of the property than they previously did. He commented that he did not think that the decision provided a good solution for the neighbors; a berm would have a better chance of mitigating the impact. Councilor Moore concurred. Councilor Moore spoke for the property owner returning with another application. Mayor Nicoli pointed out that if they found that the land was abandoned for six months, the owner could not convert the use under the current zoning. Mr. Ramis explained that zoning codes were tools to use in regulating land, not tools to stop everything. He said that the Council could amend the Code to allow expansion of non-conforming uses as long as they did not increase the impact on the surrounding property (similar to the County statute). Mayor Nicoli said that he did not have a problem with that. Councilor Scheckla asked what penalties would be imposed for violation of the 200 foot setback. Mr. Hendryx said that they had a Code Enforcement Officer to work on correcting violations. He mentioned that this property was under a Code Enforcement review and action initially because of the noise issues. The Council discussed the difficulties in this decision. They agreed that the Planning Commission made the right decision but wanted more flexibility in what they could do to remedy this situation. The Mayor noted Mr. Ramis' suggested language changes to the Code to allow a property owner to expand a current use but only if he could alleviate any problems coming from the expansion for the adjoining neighbors. They discussed the aesthetics of a concrete wall versus a berm. Councilor Moore suggested upholding the Planning Commission decision and instructing staff to research the Code to see what they needed to do to allow greater flexibility in a case like this. The Council discussed how to proceed. Mr. Ramis suggested that Council make a tenatative decision, pending submission of draft findings by the attorney on the prevailing side, and set a date certain for the continuation of the hearing. He explained that this would allow the attorney to put forward the best set of findings possible to defend the decision in the event of litigation. The Council discussed setting the matter over to May 26 but the neighbors asked for a quicker resolution. CITY COUNCIL MEETING MINUTES - APRIL 28, 1998 - PAGE 11 Mr. Orchard expressed his appreciation for the opportunity to submit draft findings, stating that he would write findings to reflect the City's consistent position on the legal issues involved. He said that he could have the findings to staff by May 1, thus allowing scheduling of the final decision on May 12. Motion by Councilor Rohlf, seconded by Councilor Scheckla, to continue the hearing to May 12 to review the proposed findings, keeping the record open till May 1 at 5 p.m. for submission of findings. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Moore, Rohlf and Scheckla voted "yes.") > Mayor Nicoli recessed the meeting at 9:05 p.m. for a break. > Mayor Nicoli reconvened the meeting at 9:10 p.m. 7. NON AGENDA ITEMS > Mayor's Meeting Mayor Nicoli reported that he met with the Mayor of Wilsonville and the Tualatin Valley Water District Board Chair. He reviewed the site now proposed for the new prison in Wilsonville, a site surrounded by industrial park zoning, as opposed to the Dammasch site which was surrounded by residential development and slated for residential development in the City's Comprehensive Plan. He stated that the new site was on Wilsonville's Urban Growth Boundary and would be annexed into the city. He noted the opposition of Tualatin to the new location. Mayor Nicoli reported that while Wilsonville has not yet signed an agreement regarding the water system, the Wilsonville Mayor has indicated that the Council would support participating in the agreement. He mentioned that Wilsonville would have to raise their water rates 100% no matter what they did. Mr. Monahan said that he was meeting with the Wilsonville City Manager and the Tualatin Valley Water District on Thursday to discuss the draft agreement. Mayor Nicoli said that Wilsonville was going through a series of public meetings to allow citizen comment on the options. He said that the Mayor indicated that they would go out for a vote on the November ballot, though they were not sure at this time of the ballot content. He reported that he told her that Tigard would move forward as soon as staff analyzed the $800,000 study they would receive in December. He said that he offered to break out in the report Wilsonville's involvement in order to facilitate Wilsonville's process. He pointed out that the only things that Wilsonville was doing jointly with Tigard were the intake facility and the water treatment plant. Mayor Nicoli stated that both he and the TVWD Chair told the Wilsonville Mayor that they would prefer no surprises in the press reports. He said that he also mentioned the option of Tigard building a water treatment plant of sufficient capacity to handle Wilsonville's water and then selling them water, if Wilsonville voters turned down the City proposal. He commented that with the resolution of the prison site issue, Wilsonville was ready to move on with the water system matter. Mayor Nicoli said that the Mayor told him that if the people voted the measure down, they did not know what they would do but they knew that they had to do something because they were CITY COUNCIL MEETING MINUTES - APRIL 28, 1998 - PAGE 12 facing a 24 month deadline from the state. He mentioned that they have agreed to meet again in a month. He said that he understood from the Mayor that the concern behind them not joining could be resolved by the attorneys; the opposition came from their City Manager. > April 22 Downtown Meeting Mr. Monahan reported that 16 people, in addition to the City and Chamber representatives, attended the meeting. He said that he thought the people heard staff's message that they were there as a resource, not there to run the meeting, and that the downtown program should be supported by a consensus of the downtown property owners. He mentioned that the Chamber Business Advocacy group acting as facilitators helped move the meeting along in a positive fashion. Mr. Monahan said that the downtown property owners have scheduled a second meeting for Wednesday, May 18 to discuss boundaries for the downtown. Ms. Newton explained that this second meeting was a brainstorming session which the business owners preferred to not have City staff attend but to discuss matters amongst themselves. Mr. Monahan commented that he was encouraged at the variety of interests represented by those who attended the meeting. Councilor Moore mentioned that the City representatives were very clear that staff time was available to assist the group but the downtown merchants had to come up with a plan themselves and submit it for Council review. Mayor Nicoli reported that he and Mr. Monahan met with the railroad people today on several issues. He said that they discussed a prior suggestion of his that the railroad abandon or shift its tracks in downtown Tigard. He explained that the railroad needed only one of the two lines on the south side. He stated that the railroad representative was willing to consider taking out both the tracks, installing a new line as close to the north line as possible, and letting the city have the land. He pointed out that they would have to negotiate with ODOT because technically it was their property. Mayor Nicoli suggested hiring a consultant to investigate how many parking spaces for the downtown they could get out of that land. He pointed out that the City creating a parking lot for the downtown would demonstrate their willingness to help improve the downtown area. He discussed the suggestion made during the meeting last week to eliminate the parking requirements for all or part of the downtown. He said that he thought doing so would encourage the continuation of the revitalization of the downtown area that has been occurring over the past two to three years. Councilor Scheckla suggested installing a restroom facility if they built the parking lot. Mayor Nicoli commented that a parking lot and landscaping would aid the police in monitoring the area. > Washington Square Task Force Mayor Nicoli expressed his concerns regarding the Task Force list. He explained that he wanted to see a balance between property owners (and/or business interests) and special interests where the property owners would have 50% of the vote. He said that he felt more comfortable getting Council input on the list as opposed to approving it on his own authority. Mr. Hendryx explained that the intent was to bring all potential interest groups to the table to avoid potshots from the sidelines. Councilor Scheckla supported the list presented by staff. CITY COUNCIL MEETING MINUTES - APRIL 28, 1998 - PAGE 13 Mayor Nicoli pointed out that the boundaries of the study have not yet been defined, making it difficult to know exactly who should or should not be included from the outlying areas. He commented that the Triangle Task Force was an active and involved group that he saw as a model for how a task force could work. Councilor Rohlf asked if staff had a structure in mind to move the process forward in spite of the diversity of the group. Mr. Hendryx said that staff would work with the consultant to move the process forward. He confirmed to Councilor Moore that there were two groups, the Task Force (a policy group) and the Technical Committee. The Council discussed the matter. They directed staff to call down the list to see who was interested. Mayor Nicoli asked to see the final list. > Washington County Long Range Planning Mr. Hendryx reported that staff has discussed with the County the possibility of the City taking the lead in long range planning for the Bull Mountain and Metzger areas, since ultimately the City would annex those areas. He noted the many questions on this matter that he raised in his memo. Mr. Monahan mentioned that the County was not asking for a commitment by the Council, they only wanted to know if the Council was open to the idea. Councilor Moore said that while he was open to the idea he was concerned about reaction from the Metzger residents. Councilor Scheckla said that he was also open to the idea but he wanted more information, especially on what the County would provide to the City to do this. The Council agreed that they were open to exploring the matter. 8. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 9:58 p.m. under the provisions of ORS 192.660 (1) (d), (3), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 9. ADJOURNMENT: 10:25 p.m. rA=Ib"' ~oh-e Attest: Catherine Wheatley, City Recorder or, City /o~f,, i and o~ Date: CITY COUNCIL MEETING MINUTES - APRIL 28, 1998 - PAGE 14 COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 910 3 BEAVERTON. OREGON 97075 Legal Noicc® Advertising • City of Tigard • ❑ Tearsheet Notice 13125 SW Hall Blvd. • Tigard,Oregon 97223 • ❑ Duplicate Affidavit *Accounts Payable • AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, )ss' I.- Kaf-hy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Tigard-mna 7 a+; Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and state; that the Cit V Counci 1 /Cantr af- RPyi pw MAn+Fin a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and i consecutive in the following issues: i April 23,1998 Subscribed and sworn to be re me this 2 3rd day o f p r i 1,19 9 8 0 OFFICIAL SEAL Nota ublic for Oregon ROBIN A. SURGEM NOTARY PUBLIC-OREGON My, Commission Expires: COMMISSION NO. 062071 AFFIDAVIT MY COMMISSION EXPIRES MAY 16, 2001 The following meeting,highlights are published for your information. Full agendas may,bb obtained from the City Recorder, 13125 S.W. Hall Boulevard; TigaM, OregoA 97223, or by calling 639-4171. TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD MEETING April 28, 1998 - 6:30 P.M. TIGARD CITY HALL - TOWN HALL 13125 SW HALL BOULEVARD, TIGARD, OREGON • Updates: > Community Policing - Washington Square > Status of Police Department Remodel • Public Hearing: Raz Transportation Appeal "Partial Revocation" (Director's Interpretation Modification) • Consider Ordinance to Repeal Parking Prohibitions on SW 156th Avenue and SW Landmark Lane • Executive Session TT9103 - Publish April 23, 1998. COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (603) 684.0360 NoUce TT 9 0 9 4 BEAVERTON, OREGON 97075 Legal Notice Advertising • City of Tigard • ❑ Tearsheet Notice 13125 SW Hall Blvd. • Tigard, Oregon 97223 • ❑ Duplicate Affidavit i' • Accounts Payable • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss- 1, Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of thdPi garr1-Tjia1atin Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and state; that the Appeal Planning Commission/Revoke a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: { April 16,1998 I f Subscribed and sworn to afore me thisl6++'h HA)r_of A= r; 1,1998 OFFICIAL SEAL N ry Public for Oregon I ROBIR, A. BURGESS NOTARY PUBLIC-OREGON My Commission Expires: ! 91" COMMISSION NO. 062071 1eY COMMISSION EXPIRE-111 MAY 16, 2001 AFFIDAVIT i , The folic+vvio *H be cottijred by the Tigard City Council on April ' adl~A$. al Room, 1312~al d written' stimony iinvited. The public hearing on this matter.will be conducted in accordance with the rules of Chapter 18.32 of the Tigard Municipal Code, and any rules and procedures adopted by the Tigard City Council, or rules of procedure set forth in 'Chapter 18.30. Failure to raise an issue in person or by letter at some point prior to the close of the hearing on the request accompanied by statements or evidence sufficient to allow the Hearings Authority and all the parties to respond on the request, precludes an appeal to the Land Use Board of Appeals based on that issue, and failure to specify the criterion from the Community, Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on,.that criterion; F4 ther information is available at City Hall and may be obtained from the Community Develop- ment Director or City Recorder at the same,-location, or by, calling (503) 639-4171. PUBLIC HEARING > APPEAL OF THE PLANNING COMIM SSION'S DECISION TO PARTIALLY REVOKE A PORTION OVA PREVIOUSLY ISSUED DIRECTOR'S INTERPRETATION CONCERNING THE EXTENT OF NON-CONFORMING COMMERCIAL USE ALLOWED ON A RESIDENTIALLY ZONED PROPERTY < An appeal has been filed by the property owner concerning the Planning Commission's Modification of a previously issued Director's Interpreta- tion concerning the extent of non-conforming use allowed on a residen- tially zoned property, to require that the northerly 200 feet of the subject property be restored to its previous unused state and not be used for com- mercial purposes. LOCATION: 11655 SW Pacific Highway; WCTM 1S136CA, Tax Lot 01600. APPLICABLE REVIEW CRITERIA: Com- munity Development Code Sections 18.12, 18.32, 18.54 and 18.132'. ZONE: Multiple-Family Residential, 12 units per acre; R-12. The:pur- pose of the R-12 zoning district is to provide for,single-family attached and multiple4amily residential units for medium density residential developments. i s - f~IJJI n~ I~ ~-I1.~1_rllll~. Z Ir I f L 1111it JI t,'~ 1l 1 1 t I • `r 1 I f~l.f4.41. l i- •rr r. l- - 1 1 r - CITY OF TIGARD PLANNING DMSION TT9W4 - Publish April 16, 1998. CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) WA first duly sworn, on oath, depose and y: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) which were adopted at the Council Meeting dated 19 copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the _ day of 19C~ _!_S 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Library, 13125 SW Hall Blvd., Tigard, Oregon 3. Tigard Water Department, 8777 SW Burnham, Tigard, Oregon Subscribed and sworn to before me this (vt~ day of n1&4 ?FFICIAL SEAL M JO ANN HAYES f4 Notary blic for Oreg NOTARY PUBLIC-OREGON COMMISSION NO. 042148 ! MY COMMISSION EXPIRES MAY 05, 1999 My Commission Expires: vwj,,, 1Aadm\jo\affpost.d0c L ' CITY OF TIGARD, OREGON ORDINANCE NO. 98-(::S AN ORDINANCE TO REPEAL SECTIONS 10.28.130 (51) AND 10.28.130 (52) OF THE TIGARD MUNICIPAL CODE PROHIBITING PARKING ON SW 60 AVENUE AND SW LANDMARK LANE RESPECTIVELY. WHEREAS, in 1983, Ordinance No. 83-28 prohibited parking along that portion of SW 66'h Avenue lying within 225 feet northerly of SW Hampton Street; and WHEREAS, Section 10.28.130 of the Tigard Municipal Code identifies those portions of public streets and highways within the City of Tigard where parking is prohibited at any time; and WHEREAS, the prohibition of parking on SW 66'h Avenue is listed in Section 10.28.130 (51) of the Tigard Municipal Code; and WHEREAS, the business owners of the property immediately adjacent to that area of prohibited parking have requested that that the parking prohibition be removed; and WHEREAS, an inspection and review of that area indicates there is no apparent reason for the parking prohibition to remain; and WHEREAS, in 1983, Ordinance No. 83-29 prohibited parking within the rights-of-way of SW Landmark Lane from its intersection with 72"d Avenue, westerly to the terminus of said SW Landmark Lane; and WHEREAS, Section 10.28.130 of the Tigard Municipal Code identifies those portions of public streets and highways within the City of Tigard where parking is prohibited at any time; and WHEREAS, the prohibition of parking on SW Landmark Lane is listed in Section 10.28.130 (52) of the Tigard Municipal Code; and WHEREAS, the property owners on both sides of the street along the entire length of SW Landmark Lane have unanimously requested removal of the parking prohibition; and WHEREAS, an inspection and review of the area indicates there is no apparent reason why the parking prohibition should remain; and t WHEREAS, the City Council has considered the requests for removal of parking prohibitions and finds that the public interest will not be adversely affected by removal of the prohibitions. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Y SECTION 1: Section 10.28.130 (51) of the Tigard Municipal Code relating to prohibition of parking on SW 668' Avenue is hereby repealed. ORDINANCE No. 98- Page 1 SECTION 2: Section 10.28.130 (52) of the Tigard Municipal Code relating to prohibition of parking on SW Landmark Lane is hereby repealed. SECTION 3: The City Manager is hereby authorized and directed to remove any "No Parking" or other related signs that have been previously posted in these two areas. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By Ut nit vmau5 vote of all Council members present after being read by number and title only, this day of (26L.&- L 11998. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of L 998. J Nicoli, Mayor Approved as to form- C~y Attorney Z- I g, l C~~ Date iAcirywide\ordUm1n66th.doc ORDINANCE No. 98-6f Page 2 i PIW;2828; _ 19 L (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 Manager prior to the start of the meeting. Thank you. STAFF CONTACTED NAME, ADDRESS & PHONE TOPIC 14 1: \ a d mV o %v1 s 1 t t h t. d o c . (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. STAFF CONTACTED NAME, ADDRESS & PHONE TOPIC is\a d m\j o\visitsht.doc AGENDA ITEM # For Agenda of 4/28/98 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award contract for audit services to Pauly Rogers and Co. PREPARED BY: Cyndi DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL The City's contract for audit services with Coopers & Lybrand expired with the completion of our 6/30/97 audit. Shall the City award a new 3 year contract for audit services to Pauly, Rogers and Co.? - STAFF RECOMMENDATION Staff recommends awarding audit contract to Pauly, Rogers and Co. INFORMATION SUMMARY We received 4 qualified proposals for audit services. Our audit committee, which consisted of Wayne Lowry, Cyndi Turner and Mary Gruss (Finance Manager with the City of Hillsboro), interviewed the following firms. Nixon Abbey, Grant Thornton, Talbot Korvola & Warwick, and Pauly, Rogers and Co. Proposed fees from each firm are as follows: Nixon Abbey $17,420, Grant Thornton $26,200, Talbot Korvola & Warwick $22,500, and Pauly, Rogers and Co. $20,500. Each firm was graded based on their qualifications, level of experience, ability to take on an audit of this size, and contract price. After consideration of the capabilities of those audit firms interviewed, it was determined that the selection of Pauly, Rogers & Co. would provide the highest quality of services to the City of those considered. Pauly, Rogers & Co. is a local firm which has been providing quality auditing and advisory services to numerous non-profit and municipal entities since 1947. As part of the proposal review process, we asked Roy Rogers to address potential conflicts of interest set forth in ORS 244. His response is included in the attached letter. - OTHER ALTERNATIVES CONSIDERED Choose alternate audit firm. FISCAL NOTES Contract price for audit services from Pauly, Rogers & Co. are as follows: 1998 $20,500 1999 $21,200 2000 $21,925 Audit fees charged by Coopers and Lybrand for the June 30, 1997 audit were $26,770. I Uri PAULY, ROCKERS AND CO., P.C. ® CERTIFIED PUBLIC ACCOUNTANTS • 12700 SW 72ND AVENUE • TIGARD, OREGON 97223 . (503) 620-2632 • FAX (503) 684-7523 April 17, 1998 Mr. Wayne Lowry Finance Director City of Tigard, Oregon 13125 SW Hall Boulevard Tigard Oregon 97223 Dear Mr. Lowry: RE: Potential Conflict of Interest I understand you are considering accepting the proposal of our firm, Pauly, Rogers and Co., P.C., to serve as auditors for the City of Tigard, Oregon, for the year ending June 30, 1998 and beyond. We are pleased and proud of your tentative decision. As we discussed, you are aware I am, in addition to my work as a Certified Public Accountant, a Washington County Commissioner. I am aware of, and have continually followed, the provisions of Oregon Revised Statutes Chapter 244 regarding ethics. Additionally, I am subject to stringent professional ethics requirement based on the requirements of the Oregon Board of Accountancy and my membership in the American Institute of Certified Public Accountants (AICPA) and the Oregon Society of Certified Public Accountants (OSCPA). It is conceivable, although we consider it highly unlikely, that there could be a situation where an issue related to the finances or other activities of the City which we audited could cause some real or perceived conflict of interest as it relates to the County, or could result in a benefit to me or the firm. Were any such situation to arise, I would, of course, disclose the situation and abstain from any discussion and voting on the issue at the County. If there were any personal or firm-related conflict I would discuss the issue with you and, if appropriate, with appropriate City or firm legal counsel. Serving as the auditor of the City would not be a conflict of interest under the AICPA Ethics Standards. It is also not a conflict according to the Oregon Government Standards and Practices Commission. Additionally, although we believe it to be unlikely, should we discover any issue or situation occurring at the City that would potentially be detrimental to the City or its employees, I would follow our normal process of informing the appropriate level of City management about the situation, and providing our evaluation of the situation, and any potential consequences. You are aware that Parry Ankersen will be the shareholder-in-charge of the City's audit. My position as the concurring shareholder is one in which I provide advice and counsel to the audit team, and provide a review that assures we meet professional standards, with my involvement being generally in the planning stage and toward the conclusion of the audit process. As a practical matter, most day-to-day issues that would cause difficulty in an organization like the City would be routinely handled by Wayne Laird, the in-charge accountant, and Parry. Mc. Wayne Lowry Finance Director City of Tigard, Oregon April 17, 1998 Page 2 I would seldom be involved unless the issues were extremely difficult or Wayne or Parry would not be immediately available.. As you know, I am familiar with many of the office holders in the County and several in your City. While we are generally friendly, our relationships do not extend to discussing client-related matters that should be held in confidence. As you are aware, we are a firm with one of the larger governmental clientele in the State. Strict adherence to client privilege and the ethics of the CPA profession has allowed us to appropriately serve these clients without a hint of a conflict of interest for over four decades. Thank you for giving me the opportunity to discuss these matters in this letter. As you know, I am going on vacation for two weeks beginning April 18th. If you have any questions regarding this, please call after May 5th, or Parry Ankersen should be able to address any issues. Sincerely Pauly, Rogers and Co., P.C. " '7r" /C l RoY?Rogers, CPA, shareholder Cc: Parry Ankersen AGENDA ITEM # FOR AGENDA OF A12ri128, 1998 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLES Removal of Parking Prohibitions on SW 66th Avenue and SW Landmark Lane PREPARED BY: A.P. Duenas DEPT HEAD OK CITY MGR OK 14 A ISSUE BEFORE THE COUNCIL Shall City Council remove parking prohibitions on SW 66`h Avenue and SW Landmark Lane? STAFF RECOMMENDATION Staff recommends that City Council repeal Sections 10.28.130 (51) and 10.28.130 (52) of the Tigard Municipal Code, thereby removing the parking prohibitions on SW 66th Avenue and SW Landmark Lane respectively. INFORMATION SUMMARY Section 10.28.130 of the Tigard Municipal Code identifies those portions of public streets and highways within the City of Tigard where parking is prohibited at any time. In 1983, Ordinance No. 83-28 prohibited parking along that portion of SW 66th Avenue lying within 225 feet northerly of SW Hampton Street. That prohibition of parking on SW 660' Avenue was subsequently listed in Section 10.28.130 (51) of the Tigard Municipal Code. The business owners of the property immediately adjacent to that area of prohibited parking have requested that that the parking prohibition be removed. City staff has inspected and reviewed that area and finds no apparent reason for the parking prohibition to remain. In 1983, Ordinance No. 83-29 likewise prohibited parking within the rights-of-way of SW Landmark Lane from its intersection with 72"d Avenue, westerly to the terminus of said SW Landmark Lane. That parking prohibition on SW Landmark Lane is listed in Section 10.28.130 (52) of the Tigard Municipal Code. The property owners on both sides of the street along the entire length of SW Landmark Lane have unanimously requested removal of the parking prohibition. City staff inspection and review of the area indicates no apparent reason for the parking prohibition to remain. OTHER ALTERNATIVES CONSIDERED Maintain the status quo - Do not take any action to remove the parking prohibitions. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This action supports Goal No. 4, under target area Growth & Growth Management, " Local and small businesses are encouraged as an important part of our community and economy", Strategy No. I "Retain and assist local businesses." Removal of the parking prohibitions will assist the local businesses in these two areas of Tigard by providing more on-street parking, which should improve access to the various businesses. FISCAL NOTES No cost to the City, other than removal of the signs, which can be salvaged for use elsewhere. I:\Citywide\sum\1and66.doc AGENDA ITEM For Agenda of: Apri128, 1998 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Raz Transportation Appeal of the Planning Commission's Modification Concerning a Previously Issued Director's Interpretation Related to the Status of a Non-Conforming Commercial Use. PREPARED BY: Mark Roberts DEPT HEAD OKCITY ADMIN OK ISSUE BEFORE THE COUNCIL Should the City Council uphold the Planning Commission's modification of the previously issued Director's Interpretation and require that the northerly 200 feet of the property at 11655 SW Pacific Highway returned to an unused state? STAFF RECOMMENDATION Staff recommends that the City Council uphold the Planning Commission's modification of the previously issued Director's Interpretation. INFORMATION SUMMARY On April 12, 1997, Raz Transportation applied for a Director's Interpretation concerning the previous use of the property at 11655 SW Pacific Highway. The Interpretation was requested because the property has split zoning. The southerly portion is zoned General Commercial. The northerly portion is zoned R-12/Medium Density Residential. The Director's Interpretation relied on affidavits provided by Raz Transportation concerning the historic use of the property since 1944. The Interpretation found that bus storage was consistent with the non- conforming provisions of the Development Code. Neighboring property owners appealed the Interpretation to the Land Use Board of Appeals (LUBA). The Director requested a continuance of the appeal to allow further review (EXHIBIT B). The neighboring property owner then submitted a new Director's Interpretation application, including aerial photographs, requesting a Re-Interpretation concerning the extent of the properties' historic, commercial use. The Director found that, because the neighboring property owner did not own the subject property and did not have the property owners permission, that they could not initiate a Re-Interpretation. However, based on the new evidence submitted, the Director initiated a new Interpretation. The property owner then submitted affidavit statements supporting the previous Interpretation (EXHIBIT Q. Section 18.132.040(B)(1)(d) - Non-Conforming Situations portion of the Development Code states that, if a non- conforming use is discontinued or abandoned for any reason for a period of six (6) months, any subsequent use of the land shall conform to the uses permitted by the property zoning. This requires that once a non-conforming use has been abandoned on all or a portion of a property, that the use cannot later be expanded back into an area it formerly occupied. The Planning Commission found that the historical aerial photos provided by a neighboring property owner were persuasive evidence that the northern portion of the site has had periods of time that exceeded six (6) months where it was not in continuous commercial use. These photos indicate that commercial activity had not occurred up to the northern property line. The distance scaled from the northerly property line to the area of apparent continuous use is 200 feet. The Planning Commission also received extensive testimony from residents of the neighboring Sleepy Hollow Apartments and from property managers that they found persuasive as to the use of the property. For these reasons, Staff recommends that the City Council uphold the Planning Commission's modification of the previously issued Council Agenda Summary Page 1 of 2 Director's Interpretation finding that the northerly 200 feet of the residentially zoned section of the property has not continuously been used for commercial purposes. The stated basis for the appeal concerns procedural issues. The appellant states that the Planning Commission did not have jurisdiction to make the modification decision. The City Attorney found that based on the modification/revocation process set forth in Section 18.32.390 of the Community Development Code, the Planning Commission does have this authority. The appellant also states that the property owner, Walter Aman, had only five (5) days to respond to the staff recommendation concerning the modification. On November 25, 1997 Raz Transportation was notified that the Director was initiating a new review of the previous Director's Interpretation. On December 8, 1997 the property owner, Walter Aman, was also notified that a new review of the previously issued Director's Interpretation was being initiated by the Director. The Director provided Mr. Aman with a response period from November 25, 1997 to December 19, 1997 to submit evidence. The property owner responded to the aerial photographic evidence by submitting written affidavits as to the previous use of the property. The property owner was then given notice of the Planning Commission Public Hearing 20 days prior to the hearing. The staff report with recommendations was then mailed out seven (7) days prior to the meeting as required by the Community Development Code (EXHIBIT E). The appellant also states that the Planning Commission erred in its application of Section 18.132.040 B of the Non-Conforming Situations section of the Community Development Code. The Planning Commission found that Section 18.132.040(B) applies to this case. This section states in part that, if a non-conforming use is abandoned on all or a portion of a property for a period of six (6) months, that no such use can later be moved in whole or in part to any portion of the lot other than that occupied by the use on the effective date of this title. The site was annexed to the City in 1987, the Planning Commission considered aerial photos from 1984 to 1996. None of these photos showed use of the northern portion of the property for commercial purposes. The appellant also states that the burden of proof concerning the historic use of the property was incorrectly placed on the property owner. During the Public Hearing, the City Attorney stated that no one was specifically responsible to prove the historic use of the property. The Public Hearing was conducted to take testimony from interested persons concerning the property's historic use and to make a determination. At no time during the Public Hearing did the Planning Commission state that the burden of proof was on the property owner. The appellant also states that the date of the filing of the final decision is unknown. The final decision was filed within 10-days of the completion date of the Public Hearing as required by Section 18.32.260. The Final Order was issued on March 5, 1998 and was based on the decision the Planning Commission made at the conclusion of the Public Hearing on February 23, 1998. The March 16, 1998 final appeal date was listed on the Final Order Cover Sheet and acted upon by the appellant. Because the modification of the previously issued Director's Interpretation was initiated by the City, the Director can extend the 120-day rule as necessary to accommodate a decision by the City Council. Attached is a draft Resolution, the previously issued Planning Commission Final Order No. 98-01 PC, exhibits relied upon to reach a decision and the appeal submittal. OTHER ALTERNATIVES CONSIDERED 1. Modify the Planning Commission decision to allow more or less area of the northern portion of the property to be used for commercial purposes. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not Applicable FISCAL NOTES Not Applicable i:\citywide\sumVazint.sum Mark_R 03-25-98 10:15 AM Council Agenda Summary Page 2 of 2 9 Res. CITY OF TIGARD, OREGON RESOLUTION NO. 98- A RESOLUTION BY THE CITY COUNCIL ADOPTING THE PLANNING COMMISSION'S MODIFICATION AND FINDINGS (EXHIBIT A) CONCERNING AN APPEAL BY RAZ TRANSPORTATION OF A PREVIOUSLY ISSUED DIRECTOR'S INTERPRETATION RELATED TO THE STATUS OF A NON-CONFORMING COMMERCIAL USE. WHEREAS, on April 7, 1997 Raz Transportation requested a Director's Interpretation concerning the non-conforming commercial use status of the property at 11655 SW Pacific Highway; WHEREAS, on April 28, 1997 the Director did find, based on the historic use outline provided by Raz Transportation, that continued commercial use of the site complied with the non-conforming use provisions of the Development Code (EXHIBIT B); WHEREAS, on November 20, 1997 a neighboring property owner submitted a new Director's Interpretation application requesting a re-interpretation to further address the historic use of the northerly portion of the property at 11655 SW Pacific Highway. This request included a series of historic aerial photos of the subject site (EXHIBIT C); WHEREAS, on December 8, 1997 the Director found that the neighboring property owner did not have the authority to file a Director's Interpretation application for the subject property but the Director did initiate a modification/revocation review process. At that time, the Director did allow the property owner time to respond to the new evidence; WHEREAS, on December 15, 1997 the property owner submitted affidavits in response to the new evidence submitted (EXHIBIT D); WHEREAS, on February 23, 1998 the Planning Commission did conduct a Public Hearing and took extensive public testimony concerning the historic use of the northern portion of the subject property and did modify the previously issued Director's Interpretation to require that the northerly 200 feet of the subject property be restored to its previous unused state; and WHEREAS, on April 28, 1998 the City Council did conduct a Public Hearing concerning an appeal filed by the property owner of the Planning Commission's decision to modify the previously issued Director's Interpretation (EXHIBIT E). NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City of Tigard, Oregon hereby determines that the Planning Commission's modification to the previously issued Director's Interpretation complies with the applicable approval standards of the Development Code and denies the appeal filed by the property owner, subject to the previous findings made by the Planning Commission as described in the attached "Exhibit A." RESOLUTION NO. 98- Page 1 of 2 PASSED: This day of 1998. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard i:\citywide\res\razint.res Mark R/25-Mar-98!10:23 AM RESOLUTION NO.98- Page 2 of 2 EXHIBIT A CITY OF T16i1 o,®t OEr - SON , t P NNING 10MMISSION ( - CITY Of TIAARD who"9~► Ik. 91771 A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS MODIFYING A PREVIOUS DIRECTOR'S INTERPRETATION DETERMINING THE E DENT OF A NON-CONFORMING USE THE CITY OF TIGARD PLANNING COMMISSION HAS REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL BELOW. THE COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON THIS APPLICATION ON FEBRUARY 23, 1998. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. SECTION I. APPLICATION SUMMARY FILE NAME: RAZ TRANSPORTATION DIRECTOR'S INTERPRETATION APPEAL PROPOSAL: The Director requested that the Planning Commission consider revoking or modifying a previous Director's Interpretation concerning the non-conforming use status of the property at 11655 SW Pacific Highway. APPLICANT: City of Tigard OWNER: Walter Aman Jim Hendryx AKA Business Services Community Development Director PO Box 19089 13125 SW Hall Boulevard Portland, OR 97280 Tigard, OR 97223 SPLIT ZONING DESIGNATIONS: The property has a split zoning. Approximately half of the southern portion of the site is zoned General Commercial (C-G). The General Commercial Zoning District permits the provision of a range of commercial goods and services. The northern half (approximately 400 feet) is designated Medium Density Residential (R-12). The Medium Density Residential (R-12) Zoning District permits the provision of detached single family residential development and low-to-medium rise, multiple-family residential development. LOCATION: 11655 SW Pacific Highway; WCTM 1S136CA, Tax Lot 01600. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.12, 18.32,18.54 and 18.132. NOTICE OF FINAL ORDER NO. 98-01 PC PAGE 1 OF 5 RAZ TRANSPORTATION DIRECTOR'S INTERPRETATION APPEAL SECTION II. DECISION The Planning Commission, hereby, modifies the previous Director's Interpretation and finds that the northerly 200 feet of the residentially zoned portion of the property has not been continuously used for commercial purposes. For this reason, the Planning Commission orders that the northerly 200 feet of the propertyshall be restored to its previous undeveloped state and not be used for commercial purposes. SECTION 111. BACKGROUND INFORMATION Property History: On April 12, 1997, Raz Transportation made application for a Director's Interpretation concerning the previous use of the 5.81 acre property at 11655 SW Pacific Highway. On April 28, 1997, a Director's Interpretation was issued finding that the use of the property by Raz Transportation was consistent with non-conforming use provisions. The interpretation was requested because the property has split zoning. The southerly portion of the property is zoned General Commercial (C-G). The northerly portion of the property is zoned Medium Density Residential (R-12). The Director's Interpretation relied upon an outline of use that was provided by Raz Transportation concerning the historic use of the property since 1944. When neighboring property owners learned of the issuance of the Director's Interpretation, they moved to appeal the decision with the Land Use Board of Appeals. The Director requested that the appeal be continued and a time extension be granted to allow the City to further review the use issue. On November 20, 1997, neighboring property owners submitted a complete application, including aerial photographs and requested a Director's Interpretation concerning the historic use of the property. On December 8, 1997, the Director found that because the applicant was not the property owner and did not have the property owners permission, that the Director's Interpretation could not be initiated by neighboring property owners. Instead, a modification or revocation of the existing Directors Interpretation would be initiated by the Director, as allowed under Section 18.32 of the Community Development Code, if appropriate. The Director provided the property owner with an opportunity to respond to the evidence submitted by the neighboring property owners. On December 15, 1997, the property owner submitted evidence in support of the previous Director's Interpretation. This evidence primarily relied on affidavit statements concerning the past use of the entire property. NOTICE OF FINAL ORDER NO. 98-01 PC PAGE 2 OF 5 RAZ TRANSPORTATION DIRECTOR'S INTERPRETATION APPEAL Vicinity Information: The site is a flag lot with access frontage on SW Pacific Highway. The property is adjoined by multiple-family residential development to the west and to the north. Undeveloped areas and an existing detached single-family residence exist to the east. To the south, the site is adjoined by a bank that has frontage on SW Pacific Highway. Site Information and Proposal Description: On February 23, 1998 the Planning Commission conducted a Public Hearing to consider modifying or revoking the previous Director's Interpretation. At this hearing the Planning Commission found that the historic aerial photos are the most persuasive evidence available that the northern portion of the site has not been used continuously. This portion of the property has had gaps of time longer than six (6) months where the northern portion of the site was not in continuous use for commercial purposes. These photos indicate that since annexation of the property in 1987, the apparent equipment storage commercial activity on the property was 200 feet from the northern property line. This is in line with the northern side of the second most northerly apartment building on the adjoining Hawthorne Villa Apartments site. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Raz Transportation has proposed to become the sole bus service provider from the existing facility and intends to continue to use portions of the property that are presently zoned for residential use. The applicable regulations are set forth in Section 18.132.040(B)(1)(a-f) of the Community Development Code. These standards have been addressed as indicated below: a. No such non-conforming use is enlarged, increased, or extended to occupy a greater area of land or space than was occupied at the effective date of adoption or amendment of this title. The proposed bus shuttle service use does not appear to increase the intensity of use on the majority of the property. However, this type of use would increase the intensity of the heavy equipment use that has taken place on the northerly 200 feet of the property in recent years. Both the scaled distance from the northerly property line, and the distance scaled from the northerly property line to the second apartment building landmark are 200 feet. The Planning Commission also received extensive testimony from neighboring property owners, property managers and residents concerning use of ' the northern portion of the property. The Planning Commission, therefore, modifies the previous Director's Interpretation and finds that the northerly 200 feet of the residentially zoned portion of the property has not been continuously used for commercial purposes. For this reason, the Planning Commission orders that the northerly 200 feet of the property shall be restored to its previous undeveloped state and not be used for commercial purposes. NOTICE OF FINAL ORDER NO. 98-01 PC PAGE 3 OF 5 RAZ TRANSPORTATION DIRECTOR'S INTERPRETATION APPEAL Sol b. No such non-conforming use shall be moved in whole or in part to any portion of the lot other than that occupied by such use at the effective date of adoption or amendment of this title. Except for the northerly 200 feet as discussed in Section "a.° above, the entire site has apparently been utilized for this purpose or other heavy equipment uses since 1944. The property was annexed to the City of Tigard in 1987 and since that time, the non-conforming uses have continued except for the northerly 200 feet of the property. C. The non-conforming use of land is not discontinued for any reason for a period of more than six (6) months. This request for non-conforming use status does not involve the use of a non-conforming structure. The existing structure on the General Commercial zoned portion of the property accommodates permitted office and related storage uses. The remainder of this property is undeveloped. Based on the evidence and testimony contained within the record, the Planning Commission finds that the commercial use was discontinued on the northerly 200 feet of the property for a period of over six (6) months. d. If the use is discontinued or abandoned for any reason for a period of six (6) months, any subsequent use of land shall conform to the regulations specified by this title for the zone in which such land is located. At such time as the use is discontinued, this standard will then apply. Based on the use history that has been provided for the site, the property has apparently been in constant use by the non-conforming land uses prior to annexation of the property into the City of Tigard in 1987 except for the northerly 200 feet as previously discussed. e. For purposes of this section, a use is discontinued or abandoned upon the occurrence of the first of any of the following events: (1) on the date when the land was vacated; (ii) on the date the use ceases to be actively involved in the sale of merchandise or the provision of services; (iii) on the date of termination of any lease or contract under which the non-conforming; or (iv) on the date a request for final reading of water and power meters is made to the applicable utility districts. When any of the following events has occurred, the current non-conforming use status will no longer apply to the site and it will then be required to be developed to current City Development Code Standards of the zoning district. The northerly 200 feet of the property may, in the future, be used only for conforming residential use upon receiving appropriate permit approvals. NOTICE OF FINAL ORDER NO. 98-01 PC PAGE 4 OF 5 RAZ TRANSPORTATION DIRECTOR'S INTERPRETATION APPEAL f. No additional structure, building, or sign shall be constructed on the lot in connection with such non-conforming use of land. Through the determination of this use status, no structures are proposed to be constructed on the property. The heavy equipment uses on the property have not been discontinued for any six (6) month period since the 1944 except for the northerly 200 feet of the property. .It Isfurtdier ord[ed that the applicant and the parties se proceedings b~`notified of the entry of this or er ..t n ~ .qha•. - PASSED: This 23 day of February, 1998 by the Planning Commission of the City of Tigard, County of Washington, Oregon. Signature box below /~,-e.Y Joy Nick Wilson, President City of Tigard Planning Commission i Acurpln\mark_rlrazflnal.doc NOTICE OF FINAL ORDER NO. 98-01 PC PAGE 5 OF 5 RAZ TRANSPORTATION DIRECTOR'S INTERPRETATION APPEAL 1 p C Magoon= $t' ) R 10 IL AVENUE- r \ 0 P) rn - z rn - I..... 1.~. - I n 7- "o 0 7° m 0 p~N1VIN~ DIVIStC.yty OF TIGAR CITY - _ OlOOR11/NIC IM/O~Mi{140M tr~Ci[Y -T STT OAK MANNING DIVISION inc,Nffv fup px"UspolaRTION RM K PINE ST Renegdono4apef"n a ovectot's lnalpfe n concerning a groom non-contofinmgueona 00monof aveaidend8% ST n SPRUCE zoned WPM 4 ST a W N a w u 1~ wo soo F" r= as W CAgard QP ~W be vwf- 13125SVIFts~Btrd Tlpr,d, ott 9=3 ~y03) p39-4fT1 httpltwrw.d.iqud.a. 9p< - - Plot date: Feb 3, 1998; c:1ma91c1m89 Community Development EXHIBIT B Apn1 28, 1997 Henry S. Raz, President CITY OF TIGARD Raz Transportation Company OREGON 1660 SW Bertha Boulevard Portland, OR 97219 Pe: Director's Interpretation of Non-Conforming Use Status Dear Mr. Raz: his letter is in response to your request for a Director's Interpretation of the non-conforming use status for the property located at 11655 SW Pacific Highway in the City of Tigard. This has been requested because the site presently has a split zoning designation. Approximately one- half of the southern portion of the property is zoned General Commercial (C-G) in both Comprehensive Plan and Zoning designations. i ne ncrthem half of the property has a Comprehensive Plan designation of Medium Density Residential (6-12 dwelling units per acre) and an R-12 residential Zoning designation. Presently, the property is being used for bus shuttle service providers and for construction contractor uses. Paz Transportation has proposed to become the sole bus service provider from the existing facility and intends to continue to use portions of the property that are presently zoned for residential use. Upon review of the historic use overiiew of the property and a site inspection of the current property improvements, the proposed non-conforming uses of the commercial and residential portiom,: of the property are in compliance with the non-conforming provisions of :.,e Community Cevelcp:nent Code. nese provisions are set forth in Section 13.132.040(8)(1)(a-0 of the Community Development Ccde. The standards have been addressed as indicated below: I a. No such non-conforming use is enlarged, increased, or extended to occupy a greater area of land or space than was occupied at the effective date of adoption l or amendment of this title. 7 he proposed bus shuttle service use does not appear ,o increase the intensity of the heavy equipment type uses that have taken place on the property since 1944. No such non-*:onforming use shalt be moved in whole or in part to any portion of the lot other than that occupied by such use at the effective date of adoption or amendment of this title. The entire site has apparently been utilized for this purpose , cr other heavy ?^uipment uses since 19A-I. 7 he property was annexed to the City in 1987 and since that time, the non-conforming uses have continued. C. The non-conforming use of land is not discontinued for any reason for a period of ! more than 6 months. This ncn-conforming status request does not involve the use of a f ncn-conforming structure. 7 he existing suuc;ure on the General Commercial zoned rerion of the property accor-medates permitted office and related storage uses. i re remainder of this property is undeveloped. Page t c. 2 _5 S%tl - c11 Elvd., iigc"a'. OR 97222 (!03) 639-11,71 -.LN) (:i~.?) 68,1-2772 d. If the use is discontinued or abandoned for any reason for a period of six months, any subsequent use of land shall conform to the regulations specified by this title for the zone in which such land is located. At such time as the use is discontinued, this standard will then apply. Based on the use history that has been provided for the site, the property has apparently been in constant use by the non-conforming land uses prior to annexation of the property to the City of Tigard in 1987. e. For purposes of this section, a use is discontinued or abandoned upon the occurrence of the first of any of the following events: M on the date when the land was vacated; (ii) on the date the use ceases to be actively involved in the sale of merchandise or the provision of services; (iii) on the date of termination of any lease or contract under which the non- conforming; or (iv) on the date a request for final reading of water and power meters is made to the applicable utility districts. `Nhen any of the following events has occurred, the current non-conforming use status will no longer apply to the site and it will then be required to be developed to current City Development Code Standards of the zoning district f. No additional structure, building, or sign shalt be constructed on the lot in connection with such non-conforming use of land. Through the determinat:cn of this use status, no structures are proposed to be constructed on the property. The heavy equipment uses on the property have not been discontinued for any six (6) month period since 1944. As provided in Section 18.32.310(A) of the Community Cevelopment Code, you may appeal this decision within ten (10) days from the date of issuance of the decision. P!ease feel free to contact me cpnczming this information or if you have any other questions. Sinczrely, /4~___Iarnes N.P. Hendryx Ccrr~;.:rt;! Cevelcpment Director i:'r,. =nVnacx Orazl.dcc c: Mr. Art Luckett 1997 Correspondence File SDR 94-0017 Land Use =i!e Page 2 of 2 MosomO Alm AM emMMs r~ m ANNE" 0 aftwasm 40MOM AM. w Olt AW kvars AW IM ~ so "......r . 0 TRANSPORTATIOPI COMPANY '?60 $'N SVUH A SLIM -arLANC OR 91. 19 :v=i ?+6.3301 ,ace) :664901 2,96-9791 April 4, 1997 To Whom It May Concern: s RAZ Transportation Company will be moving its operations to 11655 S.W. 2acifi-- Highway, Tigard, Oregon, 97223. In 1944, Hall Construction built that facility for their offices and shop for their heavy construction business. :fall Construction later joined with =our other companies to continue to provide heatri construction (particularly road and dam building). One of those companies, Me!.-c,d Trucking, continued to operate from that site until it was turned over to Apoolo Sus Company for :our and charter bus service. :he site continued to faci Lltata additional tour and charter bus companies (N.W. Tours and Paci=:c Tours) as well as ?.AZ Transpor- taticn until this date. R,AZ Transportation will now be the sale tenant providing bus service frcm ghat site. Sincerely, RAZ TRANSPORTATIOrr COMPANY K z~ ~?r?sident • ~tamoer r-nn PAGE TWO - THE FOLLOW NIG IS: A CHRONOLOGICAL DETAIL OF THE ATTACHED COVER LETTER, TO THE TIME FRANIES OF EACH OF THE OCCUPANTS OF THIS PROPERTY, FOR OVER THE PAST 50 PLUS YEARS. FOR THE PERIOD OF TTti1E -.TULY 1944 THR(; .TUi`(E 1995: THE HULL CONSTRUCTION COMPANY, A NWOR ROAD AND DANI CONSTRUCTION COMPANY. THEY BUILT A PORTION OF THE I-5 CORRIDOR, JOHN DAY DA_M, AND THE McNARY DAN(. 7HEY STAGED THHEIR HEAVY EQUIPMENT AND ROAD EQUIP.ktE`IT AT THIS LOCATION. THIS WAS THE CENTRAL OFFICE, SERVICE AND REPAIR CENTER, FOR ALL OF THEIR OPERATIONS DLTLtNG THIS TRAE FRAME. DURING THIS TIME, THEY WERE A PART OF OVER 150 PIECES OF HEAVY OR ROAD EQUIP'ME'N7 THAT WAS STAGED, DISPATCHED, SERVICE, REPAIRED, OR STORED AT THIS LOCATION. MOST OF THIS EQUIP. NL WAS N THE YARD DI..,'It_EiG THE WINTER yfONTIHS. ':~-HEN -HIS FACILITY WAS ORIGINALLY BUILT, IT WAS VNiDERSTOOD i ;-i.-kT TCHE ARREA WAS ZONED FOR INDUSTRIAL USE. THIS DOES SO LOGICAL, OR THE FACILITY, OR rr!E OPERA--ION OF THE FACILITY, WOULD OF NOT BEEV ALLOUD, AT THAT TIME. FOR THE PERIOD OF TTME - 1950 THRU PRESENT: i riE A_MENZ CONSTRUC70N COMPANY, ~7vZT:-I IT'S PEOPLE AND EQUIPNIEN T, WERE ON T::E SAME. PROPERTY, AND WORKED ON SOME OF -L,-.E SAME PROJECTS WITH HULL. ir7r-Y .LSO STAGED. DISPATC!IED. SERVICED. REPAIRED, OR STORED THEIR EQUIPNIENT ON THIS PROPERTY. DC:R:G THIS TINIE FRAME. THEY WERE A PART OF THE 150 PIECES OF cQUIP:vfENT, WORKING FROM THAT LOCATION. FOR THE PERIOD OF TIME - 1970 THRU 1980: MELLOW TRUCKING COMPANY, WITH aV ADDITIONAL 70 PIECES OF EQUIPMENT, AVERAGED. RUN A LOCAL AND LONG HAUL FREIGHT COMPANY AT THIS LOCATION. THEY OPERATED A FREIG'r: TERMINAL. DIS?-.TCH. STAGNG AREA. SERVICE AND REPAIR CENTER_ FROM THIS ACIL:TY. THIS WAS A VERY BUSY AREA. DURING THIS TINIE. PAGE THREE: FOR THE PERIOD OF TIy1E - FEB. 1979 THRU MARCH 1903: APOLLO BUSrI'R kN. SPORTATION AND TOURf.NG COMPANY, ALSO OCCUPIED TrUS FACILITY DURING THE ABOVE TIME. THEY OPERATED, STAGED, SERVICED, REPAIRED, ?y'D DISPATCHED OVER 125 STAGESBUSES. THROUGH THIS F~.CILITY, DURING THE ABOVE TIME FRAME. FOR THE PERIOD OF TIME-- AUG. 1992 THRU DEC. 1996: 4 NOR 1 HWEST TOURS, BUS, AL-D STAGES, ?.LSO OCCUPIED THIS FACILITY DURIENG T:HE ABOVE TIR\i E. THEY OPERATED, STAGED, SERVICED, REPAIRED, AND DISPATCHED OVER 100 BUS/STAGE UNITS, THROUGHT-IIS FACILITY, DURING THE ABOVE TINE FRAME. FOR THE PERIOD OF TIME - 1993 THRLT OCT. 1996- A SPIN OFF OF :NORTHWEST TOURS, )AADE A TRANSITION TO PACIFIC TRAILS TOURING BUS SERVICE. OVER 100 BU'S STAGES WERE IN SERVICE. FOR THIS PORTION OF THE TUSE OF inr_ PROPERi T-HE AVERAGE vZNMER OF BUSES N SERVICE DURING THIS TIME, 'w AS OVER 125 TO 150, FOR THE ABOVE TWO COMBIN7ED COMPANIES, T-HROUCH A.ND AFTER TrM T NSIi'10N PER-10D. FOR THE PERIOD OF TT1~tE - MARCH 1994 THRU PRESENT: RYSON GUNITE AND CONSTRUCTION CO.. A SPIN OFF OF AMEN CONSTRUCTION CO. Tr-Y HAVE DONE. THE SAME CONSTRUCTION WORK. w-l`H THEIR 40 PIECES OF EOUIP:v - 7,MMNG i HE ABOVE TIME r~~ CIE. FOR THE PERIOD OF TIME - FEB. 1994 THRU PRESENT: R--AZ TRA I SPORTATION CO. PAS STAGED. SERVICED. R=PAIRED. DISPATCHED, PA.R: ED BUSES 0LNT:ES ?EGPER:Y DURE G T-n'IS PERIOD OF T MME. THEY REQUEST TO CON T I:vi.t TO CARRY ON Ti-sL S,ACIE TYPE OF BUS SERVICE, THAT HAS BEEN OPERATING ON THIS PROPERTY FOR THE PAST EIGHTEEN YEARS. THEY NOW WISH TO MOVE THEIR GENERAL OFFICES TO THIS LOCATION. THE EXISTRNG LARGE CONCRETE BUILDING WILL CONTiV1.:E AS A CO\IBINA T ION OFF ICE AND SHOP FACILITY, AS IT HAS IN, THE PAST, SINCE 1944. THEY ESTIMATE T'rLAT THE SAME vZiv(BER OF BUSES WILL BE USED, AS HAS BEEN IN THE PAST. THAT BEING APPROXIMATELY 125 UNITS. THESE UNITS ARE OFF OF THE EXHIBIT C INVESTMENT CORD Hand-Delivered February 11, 1998 Mr. Mark Roberts City of Tigard Community Development Department 13125 S.W. Hall Blvd. Tigard, OR 97223 Re: Planning Commission Hearing as to Non-Conforming Uses at 11655 S.W. Pacific Highway, Tigard, OR Dear Mr. Roberts: In response to your request, we are enclosing fifteen (15) sets of five (5) historic aerial photographs of the above-referenced site for your submission to the Tigard Planning Commission with your Staff Report. We expect this quantity will be sufficient to allow each Commissioner to have a set, one for the official record and several additional sets. You suggested we only needed to submit photos subsequent to 1987 - about the time when the subject property was annexed into the City of Tigard's zoning scheme. We previously submitted photos to your office and RAZ Transportation that were taken in 1980, 1984, 1990, 1992 and two (2) from 1996. We omitted the 1980 photo and the oblique-angled 1996 photo that showed only a portion of the subject property, but thought that some earlier history was educational so we kept the 1984 photo in the set. We also thought we should have a phcto taken as close as possible to when the property was annexed. The studio had an overhead photo from 1986 available. Accordingly, the sets which are enclosed each contain the photographs taken in 1984, 1986, 1990, 1992 and 1996. If anything else is needed from us, please let us know. We will attend and participate in the hearing on February 23, 1998. Sincerely, Gregory Baum Vice President & General Counsel enclosures cc w/o encls: Jordan D. Schnitzer, Pres., SF Property Investments, LLC Harold. J Schnitzer, Pres., Harsch Hugh D. Clark, VP, Harsch Larry G. Scruggs, PhD., CMP, VP, RAZ Transportation James N.P. Hendryx, Tigard Community Development Director Jack L. Orchard, Jr., Ball Janik . •,y `.AL'1t~`i "'~E;f ?04~+:`Ir '•QEG011 Y;^nC `,1AI? ~ n r;t ~-np :r. Northern Light Studio, Inc. 2407 SE Tenth Ave. Portland, OR 97214 (503) 236-2139 February 11, 1998 To Whom it May Concern: I, Kimberly A. Solonka, declare as follows: 1. I am the office manager and custodian of the files for Northern Light Studio, Inc. I have personally reviewed the business records of Northern Light Studio and thus have personal knowledge of the matters stated in this declaration and could and would testify competently thereto if called upon to do so. 2. The aerial photographs listed below and attached are true and correct photographic enlargements from the file negatives identified by the same numbers and maintained in the normal course of business by Northern Light Studio, Inc. According to all file records these photographs were taken on the specified date and were promptly and accurately recorded into our files and on the face of the negative as having been photographed on that specified date. 3. I also certify that the reproductions attached hereto have been prepared under my supervision from the original negative retained in our files. These negatives have never been out of the possession of Northern Light Studio, Inc. or its predecessor Delano Photographics, Inc. and neither the negatives or the enlargements has been retouched or altered in any way. 4. The aforementioned photograph is identified and dated as follows: PHOTO P092, 8-13CE P090 8-14CE P086 8-11 E P084 8-12E 96045-6CEA Signed-" Clk ~ CL Date Kir&erly A. olonka ` J 1 7 tii;~# ~•J Y•• !w ~ mot. + F.= + t T,• ~o . CC~ INC 17 41 4 K r 7 T rr , i • t L w~ • 4' f i E • r' , t I' r' 7 e 394, f. - t n t ~ fo J + 1 Sam i f Adkic ' t rt AbO r f t7, • J y Y :~.'1.,•``'~ ~?.4 , i~. Cry ~o~ a ~-13G ~.ao-Ga -y~ S r : y Sts-ri ~ t ~ '9: `1r~'r`j ,L' S• ~ - r ` p r, y j t. { • # ( 4w L lp- • L' . a aw 4' t a • 7}' S . 4 ~ -7,: ":.S }"~'~J~~•: fit., E- ' :.mss Ls,;;, :~w ■7 ` ~ AYH _ ~ .Mawr ~ ~ Ell • NORTtiEp~i LtC# CopY►~91i1!~d;1r!►~- O)t POrtter+ii.G~dyon~ • 1 ~W ~ ~ r 1 V X00 y .r ~ w .1 a 11 ST.S 't L..•j ~ ~f.. Aa- -tar ~,4/[~~y'~1}'• '.v~ CIF •5 f w_~,a~ f~.. .`~w.y~w•' ~n as Ile Rpprzv I~~ I0o'. {t, • r ~Fa ,*i'4 ~S' ' ~C I It 1r`~ 1 !t •5 i }S. OIL r ` ` ~ wp e 5 h- iSi• . Y:~✓" yam} .r' Al% . .T~ tit A~~ EXHIBIT D MOSKO WM & THOMAS ATTORNEYS AT LAW 111 S.W. COLUMBIA SUITE 1030 PORTLAND. OREGON 97201 TELEPHONE = 227-1116 Christopher P. Thomas PAX(303)=--1015 Steven A. Moskowitz v December 15, 1997 James N.P. Hendryx Community Development Director City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: 11655 SW Pacific Highway Dear Mr. Hendryx: This letter is in response to your request for additional information regarding the non- conforming use approved by you on April 28, 1997, for the above-referenced property. Attached are a number of sworn affidavits and a letter ffom Raz Transportation, which provide evidence supporting the City's prior decision. The main body of this letter identifies how the attached evidence justifies the prior decision and responds to issues raised by Greg Baum in his two letters. By way of introduction, I do want continue the discussion on procedure in the hopes that that issue can be further clarified. Procedure It remains unclear to me the specific Code provision under which this proceeding is occurring. Previously, I expressed that a neighbor could not apply for a non-conforming use designation for a property it did not own. In response, you stated that: the Director has the authority to make an application; the Director has the authority to have the Planning Commission hold a public hearing to revoke prior approval; the Director can cite violations of the Code into municipal court; and the Director may issue interpretations of the Code. Each of these proceedings has a different applicant or respondent, different burdens of proof, different types of evidence that may be relied upon, and different avenues of appeal. It would be good to clarify which of these applies in this instance. My understanding of a Director's interpretation is that it is not an enforceable decision as regards a particular property, although it obviously may have significant impact on how a property owner chooses to develop or use the property. An interpretation must be issued and may be James N.P. Hendryx, 11655 SW Pacific Highway December 15, 1997 Page 2 appealed in accordance with specific provisions within Chapter 18.32. Under Chapter 18.24, the Director may schedule a hearing on revocation of an underlying approval, which hearing would be conducted by the Planning Commission. Finally, there may be a provision for reconsideration of a land use approval; however, I have not found in the Code the exact basis or procedures for this. It seems that the current process is not in the nature of an enforcement action or possible revocation of an approval since, as stated below, the owner has been using the property as approved by the City in its April 28, 1997 decision. Consequently, I assume that this process involves a Director's interpretation, which is not directly enforceable but which may have precedential significance in some subsequent proceeding and which may be appealed pursuant to Section 18.32.310. The remainder of this letter provides you with evidence supportive of the City's original decision in this matter. The City's Decision The City issued its April 28, 1997 decision (Decision) in response to Raz Transportation's proposal to continue to use portions of the property that were zoned residential. The City's conclusion was that Raz's proposed use was consistent with the historical use of the property. This conclusion was based in part on the finding that the emire site had been utilized for bus or other heavy equipment uses since 1944. Of course, what is relevant in this matter is how the property had been used since 1987, when it was annexed to the City. As the evidence attached to this letter establishes, the entire property as of the date of annexation and since has been used to store, stage, move, and repair large vehicles such as buses and heavy equipment. Harsch Investment has not provided substantial evidence to contradict this. _ Evidence by Harsch Investment The evidence submitted by Harsh Investment with its November 20, 1997 letter consists of the -ollowing: 1. Aerial photograph dated 04126/80. 2. Aerial photograph dated 07/01/84. 3. Aerial photograph dated 07/15/90. , 4. Aerial photograph dated 06/20/92. James N.P. Hendryx, 11655 SW Pacific Highway December 15, 1997 Page 3 5. Aerial photograph dated 03/28/96. 6. Aerial photograph dated 07/22/96. 7. Affidavit of Amber Hubbard. Irrelevant ghotog=hs As noted above, the essential date is 1987, the year when the property was annexed to the City. What matters in a non-conforming use analysis is how the property was being used as of the date the new regulations took effect. Thus, photographs of the property from 1980 and 1984 (i.e., item numbers 1 and 2) are not relevant to determining non-conforming use as of 1987. Insubstantial Phnt Z=h% Several of the photographs provide no level of detail from which one can determine the nature and extent of activity occurring on the property. Those are item numbers 4 through 6. In any case, the attached affidavits prwAde substantial evidence in support of the City's Decision. Photog=h Item Number 3 Thus, the only relevant photograph is item number 3, which was taken on July 15, 1990. However, the persuasiveness of this photograph is undermined by several factors. No evidence has been introduced to establish that the photograph represents the nature and extent of activity on the property on a daily basis. In fact, in the only sworn testimony presented by Harsch Investment, Ms. Hubbard admits that she was not at the property in 1990. Additionally, the _ attached affidavits establish that the photograph does not in fact represent the nature and extent of activity on the property during 1990 or any other relevant period. Affidavit of Amber Hubbard Nis. Hubbard's testimony is that she never saw vehicles on the area "nearest the Sleepy Hollow property line." This testimony is substantially rebutted by the attached affidavits. Evidence by AKA Properties and Raz Transportation As presented in the original proposal from Raz Transportation, the subject property has been continually used by a variety of transportation-related companies for the staging, storage, and repair of various heavy vehicles. This activity has extended the full length of the property, including that portion now zoned R-12, all the way up to the fence abutting the Sleepy Hollow Apartments. James N.P. Hendryx, 11655 SW Pacific Highway December 15, 1997 Page 4 Affidavit of Jules Kessler Mr. Kessler was Secretary-Treasurer of the Apollo Bus/Transportation and Touring Company during the period 1979 to 1993. During that period, Apollo leased the property at 11655 S.W. Pacific Highway, where it staged, repaired and maintained its fleet of vehicles. This was a 24-hour per day, seven days per week operation. In addition to Apollo, Mr. Kessler testifies that three other companies used the property for their heavy vehicles. This activity used the full extent of the property, including all the way to the fence abutting the adjoining apartment complex. Finally, Mr. Kessler rebuts the inference drawn by Harsch from the only relevant photograph (item number 3). He testifies that the photograph does not represent the true nature of activities on the property, since touring buses and construction equipment were generally gone from the property during the daytime. Affidavit of Lonnie Norris Mr. Norris is President of Lamar Enterprises. During the period of October 1993 through March 1997 Lamar Enterprises stored its equipment and vehicles at the subject property. He states that large numbers of commercial vehicles parked throughout the property, including all the way to the line bordering Sleepy Hollow. Like Mr. Kessler, Mr. Norris testifies that L amar's equipment would leave the property in the morning and generally return late in the evening. Affidavit of Dale Bl it Mr. Blair was present at the property as an employee of Rayson Construction during the period October 1993 through mid-1997. He testifies that the commercial tenants of the property used the entire extent of the property for their vehicles, including the Northernmost portion near the fence next to Sleepy Hollow. Like Mr. Kessler and Mr. Norris, Mr. Blair testifies that these commercial vehicles came and went during all hours of the day and that vehicles would generally be away from the property during the day when good weather prevailed, such as during the conditions shown in photograph item number 3. Affidavit of Doaa'.d W. Hall Mr. Hall was the prior owner of the property, from 1943 until its sale to AKA Properties in 1993. Mr. Hall testifies that the entire subject property was continuously occupied and utilized by trucking, construction and tour bus companies during that period. He further states that these operations occurred indiscriminately throughout the entire 5+ acre property, including the Northern most portion bordering the Sleepy Hollow Apartments. James N.P. Hendryx, 11655 SW Pacific Highway December 15, 1997 Page 5 Letter ®f acre S oc Mr. Scruggs is Vice President-Operations for Raz Transportation. Mr. Scruggs' letter summarizes steps Raz has taken to address concerns of neighbors about the impact of his company's operations. During the past four months, Raz has held three neighborhood meetings. In response to neighbors' concerns, Raz has: discontinued the use of backup alarms; staged diesel buses away from the North end of the for turned off lights at the North end and arranged with POE for the installation of shrouds on those lights; repositioned propane buses so that fumes are not directed into neighbors' yards; and repositioned buses to eliminate vibrational impacts on neighboring homes. Raz has also dis=Lwed with neighbors the installation of landscaping to better scmen the perimeter of the property. Summary The City correctly issued its original Decision. The property has been continually used during the relevant non-conforming use period for the purposes of staging large commercial vehicles. This activity has occupied the full extent of the property, including all the way to the fence abutting Sleepy Hollow. Raz Transportation has been responsibly addressing neighbors' concerns about light, noise, odor and vibration. Upon the reaffirmation of the City's Decision, Raz wt11 continue those discussions and proceed with plans for landscaping and better screening. On behalf of both AKA Properties and Raz Transportation, I respectfully request that you reaffirm the City's. decision to grant non-conforming use status for the use of the property as proposed by Raz Transportation. Thank you very much for your attention to this matter. Very truly yours, ffven r-~/•- ~ Oyu : mA. Moskowitz cc Walt Aman, AKA Properties Larry Scruggs, Raz Transportation Henry Raz, Raz Transportation Paul Elsner, City Attorney i 1 AFFIDAVIT 2 ! 1 3 4 State of Oregon } SS. AFFMAVIT OF JULES KESSLER 5 County of Mulmotnah ) 6 I. Jules Kessler, being first duly sworn, depose and say- 7 I was Secretary-Treasurer of Apollo Bus/Transportation and Touring Company (Apollo) during 3 the period 1979 to 1993. In that capacity I was fully aware of all of that company's operations. 9 Apollo operated a transportation service that provided charter bus service and a touring 10 service. I I During the period of approximately February 1979 until March 1993, Apollo leased the 12 property located at 11655 S.W. Pacific Highway. During that time Apollo used that property to stage, 13 repair, and maintain its fleet of vehicles. Vehicles entered and exited and were maintained at that 14 property 24 hours per day. 7 days per week. 13 Prior to Apollo's operations, the property was also used during this time by Hall Constriction 16 Company and !Mellow Trucking Company to stage their vehicles and spare parts and to repair 17 equipment. I personally observed on a regular basis the following being located on the property all 131 the way to the fence abutting the adjoining apartment complex: lumber, truck bodies, boats, mobile 191 homes. spare pans, and flatbed trucks. 20 ( During the operation of Apollo. Northwest Tours also used the property, with the exception 2 t of some ground that would not support the weight of the equipment when the ground was wet, for the purposes of staging vehicles. repairing them. converting them, and storincr related parts and equipment. 24 I have viewed the aerial photograph of the property on the back of which is the date July 15. 2 5~ 1990. I note that there were at the time it was taken few vehicles at the site and none on that portion ~6 I 26 Page 1 - AFFIDAVIT OF JULES KEMSLER MO KOWrIZ do THOMAS 27 111 S.W. Cotumba. Suite 1080 23 Portland. OR =01 (503)=-1116 f i I where grass is present. This representation does not in any way conflict with the use described above. 2 Due to the nature of the business of construction, trucking, and charter bus service, the fleets of vehicles were generally engaged during the day. Although the larger portion of the property was 4 either graded or otherwise removed of vegetation, the vehicles regularly used most of the grassy area for parking and turning around. 6 DATED this day of December, 1997 7 9 State of Oregon Cules Kessler ss. 10 County of Multnomah) II 12 On this+ day of December, 1997, before me personally appeared Jules Kessler, known 1: to me to be the person named in, and whose name is subscribed on the foregoing Affidavit and 14 acknowledged that he executed the same as his free act an dead. 15 < < >r No, Public fdr Oregon 16 My Commission Expires: . 17 A&A LYLE T MeWftM NOTARY PUBUf,.OR¢rpp 13 COWNS 1Ca O WV' CO~331CN EVRE3 APR 211.22W, ~Sh :•est to s +col~a Y 19; NOTARY PIIBUC-OREGON C 31Qa tro=p= cowmStON EXPI);ES APR 21.2pp1 2U I 21 2 r 233 1 I 1 26 Page 2 - AFFIDAVIT OF JULES KESSLER mosxowrrz THOMAS 111 S.W. Columbia. Suite 1080 23 Portland. OR 97'01 1116 AFFIDAVIT I, Lonnie Norris, do hereby assert the following facts based on my personal experience and knowledge and in my capacity as President of Lamar Enterprises. From the period of October, 1993 through March, 1997, Lamar Enterprises was a tenant at 116 5 5 SW Pacific Highway. During that time, all Lamar Enterprises equipment and vehicles were stored at that address. In addition, 1 observed large numbers of other commercial vehicles, trucks, busses and various trailers and construction equipment as well as motor homes and passenger cars parked throughout the property. At no time was their any rhyme nor reason to the parking or driving arrangements, and vehicles were regularly parked in all areas of the property including the extreme Northern portion bordering Sleepy Hollow. In the course of business activities, Lomar employees and equipment would be started and leave the Pacific Highway property at all hours of the early morning. The vehicles and equipment would typically be gone all day during good weather conditions and frequently return very late in the evening. I observed these same levels of activity as concerned other vehicles and equipment on the property. At no time during the period of Lamar's tenancy on the property was there any time period during which such activity was not apparent on the property. Lonnie Norris Date State of Oregon, County of On this -B---day of - /Yz 19_9? before me, fan Blair, a Notary Public, personally appeared Lonnie Norris, personally known to me to be the person whose name is subscribed to this Affidavit, and acknowledged that he voluntarily executed same. My commission expires ' fan Blair, Notary Public J H O J OFFICIAL SEAL. J JANET M SLAIII NOTARY PUBUC-OREGON COMMISSION NO. 300222 MY COMMISSION EXPIRES APR 15. 2001 AFFIDAVIT Statement of Dale Blair: 1. Dale Blair, was present at 116SS SW Pacific Highway on a daily basis from October of 1993 through mid-1997 as an employee of and sub-contractor to Rayson Construction. My observations of the business and vehicle activities present on the property are as follows: Numerous vehicles were parked indiscriminately throughout the S acre property. Tenants of the property included tour bus companies, numerous construction contractors, distribution businesses, mail houses and even a church! In addition, numerous individuals rented parking space for motorhomes, boats, trailers and passenger cars at various times. Contractors also used the property to store all kinds of equipment, trailers, merchandise and salvage. No specific parking or traffic pattern was enforced or observed on the property. Tenants were free to park throughout the property including the Northernmost portion near the fence next to the Sleepy Hollow apartments. There were no obvious roadways, driveways or parking places in the Northern half of the property, tenants just parked wherever there was space. In general, the areas closer to the buildings were the preferred parking areas - so the Northernmost part of the property had the most variation in the number and arrangement of vehicles and equipment. The number of vehicles present on the property varied significantly from day to day and week to week due to the transient nature of the tenants and the business activities they pursued. Also, the number of vehicles present on the site varied greatly from day to day as contractors had trucks and equipment out on job sites whenever weather permitted - seriously reducing the number of vehicles present during the day in good weather - and busses came and went on a constant basis, while there was no reason to keep any kind of count of the number of vehicles parked or coming and going, they were numerous - at least several dozen. Contractors and tour bus operators do not observe normal business hours. Throughout :he three plus years, vehicle activity at the property took place during all hours of the night and early morning. Busses returning as late as 2:00 or 3:00 AM and contractors pulling out for jobs as early as 4:00 AM pretty much consisted of a round the clock level of activity at the site. These conditions, while varying with time of year and day of the week, etc... existed pretty much the same over the three and a half years that I was regularly present at Pacific Highway. Dale Blair Date Subscribed to and executed before me on this - L4 day of , 1997 in Multnomah County, Oregon. _~4r!~cse4~J Jan Blair, Notary Pu61ic t"ICiAt, SEAL JANET M STAIR NOTARY PUBLIC OREGON My COmmISSIOn GYpireS_ COMMISS;-.I ao6a= WYCOUiuISSfON EXPIRES -a tS, 2001 AFFI DAVIT I, Donald W. Hall, do hereby attest to the following facts based on my personal knowledge. 1) I am the owner of the property 1 1655 5W Pacific Highway, and have been since 1943. The property was sold to'Nalter S. and Walter L. Aman in October of 1993. 2) The entire subject property has been continuously occupied and utilized by trucking, construction and tour bus companies since 1943. 3) In the normal operations of these tenants and users of the property, heavy equipment, trucks and busses have parked indiscriminately throughout the entire 5+ acre property including the Northern most portion. 4) Operations including motor vehicle entrance and exit have occurred around the clock, seven days a week, in the normal course of events. 5) There has never been, to my knowledge, any period of continuous time exceeding a few weeks during which the property was not occupied in this manner from 1943 to the present. 6) The number of vehicles and pieces of equipment utilizing the property has varied from a few dozen to 100+ at various times over the fifty plus years. TTonald W. Hall Date( State of Oregon, County of On this /4 day of 19, before me, fan Blair, a Notary Public, personally appeared Donald IN. Hall, personally known to me to be the person whose name is subscribed to this Affidavit, and acknowledged that he voluntarily executed same. My commission expires /5- Jan Blair, Notary Public ORFM0IAL 3M JAKV 9 SWIM NCTAM PUSUC-OREGON COMMISSION N0.300223 Ma C01AiMMM EXPIRES APR 13.2001 v r.®sa s a1O0°i ~M W ®~rs os v TRANSPORTATION COMPANY 11655 SW PACIFIC HWY. PORTLAND. OR 972,'3-8629 (503) 684-3322 (888) 684-W22 .2CLFPE-- (503) 968-3223 - FAX EMAIL: razO raztrwm=m December 12, 1997 WE& razV=.=m Steven A. Moskowitz, Attorney at Law Moskowitz and Thomas 111 SW Columbia, Suite 1080 • Portland, OR 97201 Re: Directors Interpretation of Ion-Conforming Use for Raz Transportation Dear Steve: For the past 4 months Raz Transportation has beea worsting with its neighbors to mitigate impacts caused by our use of the property at 116» SW Pacific Hwy. The following is a brief m=mary of the steps we have taken to date: I . Neighborhood meetings and individual complaints. We have held 3 neighborhood meetings to discuss issues and concerns expressed by our neighbors. Those complaints have fallen into 4 general areas: noise, lighting, odors, and vibrations, each of which will be discussed below. During the neighborhood meetings we had a free and open dialogue which resulted in both sides developing an understanding of the needs of the other. Representatives from the City of Tigard attended the last '-7 meetings and discussed the options available to the neighbors. Both sides agreed not to hold another meeting until the issue of non-conforming use has been resolved. Each individual complaint has had an immediate response since September. In most cases the information was given to all interested people through Amber Hubbard, the manager of the Sleepy Hollow Apartments. 2. No is e. C ' Noise caused by backup alarms and idling engines has been the major concern of our neighbors. In the past 4 months we have discontinued Use of backup alarms in the lot - Y except for the 6 school buses which by law have to have a backup alarm at all times. We have reorganized parking in the lot to place the diesel buses farther away from the North end of the lot. We have also met with our staff and drivers and trained them in the need for reducing noise in the lot. I have not received a complaint about noise in more than a month. ® ' 1 ~p oh~i America" 5 ®Nwncww~ TOUa n Yl of Travel , iem r Steven A. Moskowitz Directors Interpretation of Nonconforming Use for Raz Transportation 12-12-97, page 2 of 2 3. Lighting. Our neighbors were concerned about the brightness of the lights in the North end of the yard and one light in the middle which was visible to the North end. We have turned off the lights at the North end and redirected the one light so that the bulb cannot be seen from the North end. We are also working with POE to install shrouds on the lights at the North end so that there will be no spillover into the apartments. When the shrouds are installed there will be no light spillover into the Sleepy Hollow Apartments. We will not turn the lights back on until the lights are fully shrouded. 4. Odors. We had several instances where buses were parked too close to the North fence and the exhaust fumes blew into the neighbors yards. We have repositioned the buses so that the propane buses are about 100-150' from the back fence and are the closest to our neighbors. The diesel buses are farther away. These steps should mitigate the concerns about odors. 5. Vibrations. We have had several complaints about buses parking too close to the apartments and vibrations from the engine causing vibrations in the apartment. We have repositioned the buses so that no bus is closer than 100-150' to the apartment and have had no complaints about vibrations since October. We also discussed with our neighbors the possfaility of installing a berm, trees and shrubbery around the perimeter of the lot to minimize the visual impact of the lot, the equipment, lights. noise. and odors. However, we all agreed at the fast neighborhood meeting not to meet again or pursue this option further until the non-confoniring use decision has been completed. Sincerely, Raz Transportation Larry G. S~rugas, Ph.D., CNQ Vice President - Operations EXHIBIT E RECEIVED MOSKOWITZ & THOMAS ATTORNEYS AT LAW MAR 16 1998 111 S.W. COLUMBIA SUITE 1080 PORTLAND. OREGON 97201 COL1?AUNIiY OEVELCPMEH TELEPHONE (503) 227-1116 Christopher P. Thomas FAX(503)227-3015 Steven A. Moskowitz March 12, 1998 City of Tigard Community Development 13125 SW Hall Boulevard Tigard, Oregon 97223 Re: Notice of Appeal Final Order No. 98-01 PC To the City of Tigard: In accordance with City Code Section 18.32.290 (B), Walter Aman, AKA Business Services, files this notice of appeal and provides the following information required by Section 18.32.340: 1. The decision to be appealed is Final Order No. 98-01 PC. 2. Walter Aman, AKA Business Services, appeared both orally and in writing before the Planning Commission at its February 23, 1998, meeting . a. As owner of the subject property, Mr. Aman was entitled as of right to notice and hearing prior to the decision to be reviewed. b. Additionally, as owner of the subject property, Mr. Arran's interests have been adversely affected as a result of the Planning Commission's decision to resmict current use on a portion of the property. 3. Grounds for the aprzal are: a. The Planning Commission's decision was not based on substantial evidence in the record. b. The Planning Commission had no jurisdiction over the matter. City of Tigard, Appeal of Final Order No. 98-01 PC March 12, 1998 Page 2 c. The Planning Commission erred in its application of City Code Section 18.132.040 B. d. The burden of proof was erroneously placed on the property owner to show that there had been a continuing non-conforming use on the site. 4. The date of the filing of the final decision is unknown. However, the Notice of Final Order states that the decision shall be final on March 16, 1998 unless an appeal is filed. Mr. Aman seeks to introduce additional evidence specifically addressing the designation of 200 feet as the appropriate terminus for the operation of commercial activity on the property. This is based on the unusual nature of the proceeding before the Planning Commission. Although Mr. Aman is the property owner, he was not the applicant below. The Planning Director was. Consequently, Mr. Aman did not know until 5 working days before the hearing the exact nature of the requested action the Director would be making to the Planning Commission. This did not provide Mr. Aman adequate time to assemble the necessary evidence to establish that, if commercial activity was going to be precluded from a portion of the property, 200 feet from the property line was not an appropriate or reasonable designation. Enclosed please find a check in the amount of $1,745.00 as the appeal fee. Thank you very much for your attention to this matter. Very truly yours, Stev oskowitz cc Walt Aman Larry Scruggs, Raz Transportation EXHIBIT F February 9, 1998 10900 SW 76°t #37 Tigard, OR 97723 Mark Roberts Associate Planner Tigard Planning Commission Tigard City Hall 13125 SW Hall Blvd. Tigard, OR 97223 Re Location: 11655 SW Pacific Highway, WCTM 18136CA, Tax Lot 01600 Dear Mr Roberts: Although my family and I plan to attend the public hearing regarding the above referenced property and its use, I would like to submit this letter as testimony. In early March of 1997 my family and 1 moved into unit 37 at Sleepy Hollow Apartments. Our apartment community is at the north end of the above referenced lot and our home is almost centered along the dividing fence line. Our decision to live at Sleepy Hollow was based on the obvious factors of location, size and layout of the unit and monthly rent based on an annual lease. However, there were other factors in addition to those above. These factors included our unit having a north-south exposure with our backyard and master bedroom on the south-side which would provide us with maximum privacy and quiet as there was only a wonderful wild field on the other side of the fence from our backyard. We also immediately fell in love with the joyous bird song coming from the trees and bushes located along the fence. When we moved in to our new home, we had no idea that a business was being operated from the property directly to our south which is the property now under discussion. We came to learn that Apollo Transportation operated 25 buses out of that property, but since we never heard the buses or were effected by noise, lights or fumes from the business, we had no issue with the company of the use of the property. In late September of 1997 my husband observed and commented that he had been seeing people taking photographs of and using survey equipment to evaluate the Apollo facility. We believed that we, like our neighbors, would be receiving notice from the City of Tigard informing us Nhat was planned for that property and when we did not receive such notice, we concluded that wratever being planned was no longer going fonvard. Before we knew it, our wonderful quiet community was turned on its head by our new neighbors: Raz Transportation. Suddenly two sets of blazing-bright flood lights were installed and operable from dusk to first light. These blinding lights not only flooded the field with light but also our living room (downstairs) and our bedroom (upstairs) thus invading our home and privacy as well as destroying our ability to sleep. Although one set of flood lights have been turned off which has limited the intense light from coming into our living room, our bedroom is still brightly lit as the bedroom is upstairs and on the same plane as the remaining flood lights even with black-out drapes over mini-blinds. Then came the buses and buses and more buses now totaling about 85. These buses come and go 24-hours per day every day regardless of time of day or night assaulting us with motor noises and reving engines, emitting foul exhaust fumes, vibrating our homes and literaily destroying a very quiet residential neighborhood. By early October the situation was so bad. I started (as did many of my neighbors) making formal written complaints to the City of Tigard regarding the activities at Raz Transportation. Like my neighbors I also started making formal written complaints to directly to Raz Transportation. To date, I have made over two dozen written complaints to Raz Transportation. These complaints only detail specific occurrences that took place during the night-early morning hours when my family and I were awoken. That's right - awoken - none of these comptaints reflect the constant bombardment of disturbances we experience coming from Raz Transportation during the day or early evening all seven days of the week. As result of our complaint campaign, the City of Tigard through the offices of Dick Bwersdorff, two meetings were held to allow discussion between Raz Transportation, residents of Sleepy Hollow and the City of Tigard. Although open conversation is very well and fine, these meetings were nothing more than that as we the residents of Sleepy Hollow were given no relief and no action was required by the City of Tigard in respect to Raz Transportation. Since then, nothing has changed and we are still waiting for a decision to be reached. The issues also remain the same: 1. If the north half of the above referenced property is zoned for multi and/or single family residential, why is Raz Transportation being allowed to use it in a commercial business operation? With aerial photography going back at least three decades it is dear that while the southern half has been used for commercial purposes, such as Apollo Transportation, the northern portion has been left unused due to this zoning designation. 2. What specific noise, light and other pollution codes must Raz Transportation comply with? Per the city codes, the sections pertaining to these areas are very convoluted and circle back to one another so it is impossible for a layperson to understand. In addition, does Raz Transportation given they are located on three sides by residential areas, have the right to operated at night and on weekends disturbing the lives, compromising the quality of life and depriving their neighbors of sleep? 3. If Raz Transportation was granted an expansion of business activities via licensing and other permits beyond what was granted for Apollo Transportation: i.e., to use the northern half which abuts our community in non-residential use, why were the neighborhood not notified in advance and given opportunity to express concerns? 'Expansion' means installing super-bright flood lights that go on from dusk to first light. increasing the number of buses from what Apollo had at 25 to over 85 (Raz Transportation has told us that they plan to operate 125 buses from this property), operating 24 hours per day, and the installation of two above ground swimming pools which seem to be full of water but not maintained so the water is stagnant which come warmer weather insects will certainly enjoy. 4. The destruction of longstanding wildlife habitat for a tremendous number of migratory and permanent birds (including doves and quail), to say nothing of the raccoons and other animals who live (lived) in the bushes and trees along the shared fence line. Not speaking for other residents, I appreciate that Raz Transportation is caught between a 'rock and a hard place' as we are. I also give Lary Scruggs of Raz Transportation a sincere ' thank you' for all his efforts to soften the impact of Raz's operation on our community without sacrificing his business' operations and profits. Initially. I had taken the position that Raz Transportation should be allowed to use this property as long as that use does not affect or compromise our lives, homes and neighborhood. However, I have come to realize that by the nature of their business this is highly unlikely, if not impossible. This leaves only two viable solutions: 1) Raz Transportation is required to honor the current zoning (north - residential and south - ccmmerciaq and restrict their operations to the southern half only. or 2) they ~racate the property and relocate to a move appropriate commercial site. This issue has been going for now close to six months. It needs resolution and prompt resolution. In my mind the City of Tigard needs to deride which is more important: the tax base generated by Raz Transportation or doing the right thing by deciding that the city's neighborhoods are worthwhile preserving and protecting. Thank you. 41161avl Dawn Holland Fi=B-rl~?-1-x?6 Y19:26 SLEEPY HOLLOW F,PFP.TMEMTS P.02 i Fetxuary 9. 1888 I i I To: tarry Scruggs Ftax Transportation i F= 684-88" From: Ox" HoUan0 Resklem of Sleepy Hollow F= 6112-9354 UC Amber. Mane of Sleepy Ho(iow' Fmc 624.2681 i I Dear Larry. Were you asleep this morning at 3:40AM? iLucky you! We weren't.... Once lagain was were awoken by a Pena~ high-pitched motor noise comins front your operadons.... Is this a high Pressure +23hing system. a vacuum deuM. a buffer or whorl?? Regardless. why does *us activity need to be done at tttis t9erw of rnoraireg and why are we being woken bry it? If that wasp enough. iram®datbety thereafter began the taw by row (or scion by section) starting of engines and the &SSQc aiod rev-,n9 than bus 'musical chairs' which weM on and on and on tilt our atarm clock went off tours later. ; • I And 0. me again. we invite you to spend a tlf m on our sofa so you can experience our lack of sleep fitst hand. Thank you. ! i T~3T;L P. 0T Jr;IV-?1-L'~St3 16:52 SLEEPY F-CLLCW APPRTMENTS P•02 .la~ntsary 16, 1998 To: tarty Scruggs Raz Transportation Far 36d-eW Frt en: Davm Holland. Resident Sleepy Hollow Far 612-9364 dC Amber, Manager Sleepy Hodow Far 624-2651 Dear Larry. Over the course of the last two months night-tkne fronn your balities have been slovAy but sesaasaly kicrwasiM. As the noise errtavOing was we choose not to complain urrm last night At 9.4SPM my family. ueduuling my step-daughter sloops in the front bedroom. were rudely a, *ken by rtepetth a engine reeling and racing at RPWs, reeveme d'rrect1cm yarning wing and voices of pm--z tred shouting over the of engine noises. This went on till 11.20PM. We have net a due as to.ndra# adkAdes were taking lace and nor do we care. We do. however, case and resent that once acjairt your company to do mejor bus movement tied engine raong dunrig normal shmp-Was and hays had ==v test compromised. Larry, such acuities need to cease after 9:WPM as t is not okay for a 12 year old child to loose slip not her us or oust neighbors. either. Again. vm alai your comparrey pretend that our neughborhoodd is your neighborhood and ow cider h you vrauid feet if your family could not ske p ar ertlQy the quM of tare sight 1 wit etso begin again to m6ty you in writing every ' our Ilves our dklurbed by ac*4ioes or your eornpanry. it seems fleet only with consutat remindw; does your company consider our conunurtity. Regards. )aJ-J C ~ Cav n Hdtarhd i~tv-.1-1'398 Lo: S? SLEEPY HCLLCW ~-P$;PTt'91TS P.03 I Name: Dawn Hnilatsd Organization: Sb:agy Hollow Fa= 612-9354 CC: Ambcr Hubbard Fax: 624-2691 From: Larry Scrums OM28iMtion: Raz Transportation Phase 6843322 cxt 789 Date: 1-1&99 Sebject: Noise Cow= Pages: I COiLt C=3: Thank ytm for yvur fan this tttorc* advisin me of noise last night. Plcase accept my apology any ' this card y'ou. I checked with our tnainteance staff to find out w t 'append. They said that they were 4 moving our only remizzing t w3k bus to go out on trip. It bec-u= stuck m some soft dirt and mud. The en&e ois+c that you heard was the ' , then the maintenance crew, trying to rove i the bus. They brougkt the shop frock out to belp nave the Inz mtd got it stuck as well. That's why is took so long. Under rmrmal circu=;ta=ts we would have =vt d the bus earlier in the day to have it ready to go out. If that was not an option, then we would Left the bus until the to nimg and substirutd another bus fur the trip. However, 'sn this casc we could not do Ehat beca= we had to bavc that bus. I have notified the maimtena= people about the probk= that they caused and they are coam-imcd to triuciug snopac-ts from iastan~os such as this in the future. l I wn concerned about yowr corneas that noix lass iaszeasing over the past few months. f Sine our Iaut mec lag October 29 we have been a concerted effort to inform our people 1' about noise concerns. Also, Der-ember is our slowest mouth of the year. It staprises rue to hcar that you feel that noise is bacremiag. Perhaps you uld put togctb%T some specifics for tae so I can know where vre can further itaprove our, operat on. I6:N-21-1958 Sl.E=?Y HoLLt]W APAP.TPeITS P.04 January 18. 1986 To' Larry Scruggs Ravi Transportation Fax 63&-W+t6 FMm: Dawn Hdtand Siaapy Holow Resident FMC 812-9364 clc: p4nber.11r1,arMW of Sisepy Hollow Fa c 524-MI Oew Lany. Thank you trx yaw tau of JWRBWy le. Franldy. we t ore if one. two or a hundred buses get s =K in the waft turd (so why doesn't Rau gravel grave the 1aaTdY*) "was it necessary to Iraq & out du" normal steep hcuW Why could ham vomited M the rnorrt VI Why couldn't a dMWwA bus be rued for rust ulp?. Larry, the line is that there is no rea v , i why a 12 year c finds sleep (or ours) be danurbed So tea row. where you or yore daidren woken-up ttid two the bus was being pulled out? Horn about Sunday reverting at 8:39AW Or viftat Oft, Morning at 327AW. Sunday moming we were awoken to the beep-bee cf a bus using driven in reverse. It only the Schad buses have the reverse wanting akA ' would it be necmmary to move a sdtoal bus on a day when there is no schoon As to dtis alone M at 3: 7AM vas were awaken by a ;ta -pi dud ratline of a machine which soeSded lifts a vacuum leaner or a bufferlpokfw 46 minutes we Werned to this noise. By the Urre Me noise smWed and we were able to fall sleep, it was time for us to get up. We nuvix faaz one a matt for agowirvg us to get a good s steep. Larry. I world Tike to loners where you live. I nave to equipment v d*Z makes the sarrielsbri& r klyd and quardy of noise. I would trhernuch for ycu and your family to e~cpoetiertoce what vm am experienarig. I am =nfden chat it you are subjected to sametsimilar rxii" and the frequency of the noise. Raz wcvtd c.3aNe how and when it perfomis noisy activities immediaLdy. fawn Magand i i SLEEPY HOLLUW a.M- -000/~ M ~ ~P v' ~l P.06 kvzt- 160 ~ ~1 °"'m' .e IYM Humane Education The message of this statement speaks even - In 1933, the National P.T.A. Congress issued more directly to the 198t3's than to the decade the following statement in support of humane ed in which it was written. Children today face the ucation: dilemma of growing up in a world that is "Children trained to extend justice, kindness, o{iti ma and environmentally unstable - and mercy to animals become more just, kind, a world in which both individual and national and considerate in their relations with each decision-making become increasingly important other. Character training along these lines will to the survival of both humans and other animals. result In men and women of broader sympathies, Humane Education, incorporated into the more humane, more law-abiding - in every curriculum of our nation's schools, can help respect more valuable citizens. children develop the sensitivity and understand- "Humane education is teaching in the schools ing they will need to make sound personal and and colleges of the nations the principles of political decisions based on concern for all living justice, goodwill, and humanity toward all life. creatures. The cultivation of the spirit of kindness to animals From People and Animals is but the starting point towards that larger hu- Humane Education Curriculum Guide manity which includes one's fellow of every D race and clime. A generation of people trained in these principles will solve their difficulties as neighbors and not as enemies." D 0 0 3 Z 0 Al 00 . oQ OOF THE GOVERNOR PROCLAMATION AE OF OREGON WHEREAS: we should be continually aware of the quality and depth the animal world brings into our lives; and WHEREAS: the beauty of an eagle soaring over a canyon, the thrill of a whale rolling up in the sea, the majesty of an elk on a distant ridge make our lives fuller and richer; and WHEREAS: the animals Oregonians keep as pets also greatly enrich our lives they provide companionship to their owners, give protection to some and a reason for being to a few, and justifiable joy to all who appreciate and cherish them; and WHEREAS: our pets' freely given love and loyalty deserves our recognition, appreciation and acknowledgment. NOW, THEREFORE, I, John A. Kitzhaber, Governor of the State of Oregon, hereby proclaim May 3-9, 1998 to be BE KIND TO ANIMALS WEEK in Oregon and encourage all citizens to join in this observance. IN WITNESS WHEREOF, I hereunto set my hand and cause the Great Seal of the State of Oregon to be affixed. Done at the Capitol in the City of Salem in the State of Oregon on this day, April 21, 1998. ??~;6 John A. Kitzhaber, Governor ?ZJ IL Phil Keisling, Secretary of State PROCLAMATION Be Kind to Animals Week WHEREAS, we should be continually aware of the quality and depth the animal world brings Into our lives, and WHEREAS, the beauty of an eagle soaring over a canyon, the thrill of a whale rolling up in the sea, the majesty of an elk on a distant ridge make our lives fuller and richer, and WHEREAS, the animals Oregonians keep as pets also greatly enrich our lives they provide companionship to their owners, give protection to some and a reason for being to a few, and justifiable joy to all who appreciate and cherish them; and WHEREAS, our pets' freely given love and loyalty deserves our recognition, appreciation and acknowledgment. NOW THEREFORE BE IT RESOLVED THAT 1, Jim Nicoll, Mayor of the City of Tigard, Oregon, do hereby proclaim the Week of May 3 - 9, 1998 Be Kind to Animals Week in Tigard, Oregon and urge our citizens, businesses and organizations to join in this observance. Dated this day of , 1998. IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. Jim Nicoll, Mayor City of Tigard Attest: City Recorder `~l a~ la'S WASHINGTON SQUARE REGIONAL CENTER PLAN POTENTIAL TASK FORCE MEMBERS April 20, 1998 NAME INTEREST ADDRESS TEL/FAX 1. Evelyn Beaverton City Council Member PO Box 4755 Beaverton, Tel. 526-2347 Brzezinski 97076 Fax.526-2479 2. Rex Burkholder Executive Director, Bicycle 1117 SW Washington St. Tel. 226-0676 Transportation Alliance (BTA) Portland, OR 97207 Fax. 226-0498 (Bicycle Advocacy) 3. Bill Buckley Tualatin Valley Economic 10200 SW Nimbus Ave., Tel. 620-1142 Development Suite G-3 Tigard, OR Fax 624-0641 97223 4. Charles Cameron County Administrator, 155 N. 1 st Ave. Mail Tel. 648-8685 Washington County Stop 21 Fax. 693-4545 Hillsboro, 97124 5. Nancy Carr Manager, Crescent Grove 9925 SW Greenburg Rd. Tel. 639-5347 Cemetery & Mausoleum (Local Tigard, 97223 Fax. 620-1264 business 6. Dr.. Gene Davis Retired veterinarian Foreign Mission Tel. 246-5862 (Development interest) 10875 SW 89th Tigard, OR 97223 7. Jillian Detweiler Commissioner's Assistant, 1221 SW 5th Ave. Rm. Tel. 823-4321 Commissioner Charlie Hales, 210 Fax. 823-4040 City of Portland Portland, 97204 8. Cliff E ler Metzger property owner Tel. 246-5432 9. Dan Heagarty Chair, Fans of Fanno Creek PO Box 25835 Portland, Tel. 236-6663 (Watershed advocacy) 97225 Fax. 223-2701 10. Denise Jackson Nimbus Business Commuters; 8920 SW Gemini Dr. Tel. 672-7800 Building Manager, Spieker Beaverton, 97208 Fax. 672-7050 Properties (Business/ -transportation association 11. Beth Johnston Associate Vice President, Norris 10300 SW Greenburg Tel. 452-5900 Beggs & Simpson; Project Rd. Fax. 244-4400 Manager, Lincoln Center(Local Tigard, 97223 businesses 12. Jon Kvistad Presiding Officer, Metro Council 600 NE Grand Ave. Tel. 797-1549 (District #3) Portland, 97232 or 590-3282 Fax. 797-1799 13. Dan McFarling President, Association of Oregon 20585 SW Cheshire Ct. Tel. 642-4077 Rail and Transit Advocates Aloha, 97007 AORTA Commuter rail 14. Ed McVicker Principal, Metzger Elementary 10255 SW 90th Ave. Tel. 684-2300 1 NAME INTEREST ADDRESS TEL/FAX School Tigard, 97223 Fax. 246-9803 15. Lyndon Musolf Principal, Lyn Musolf & 5480 SW Dover Lp. Tel. 768-5103 Associates (Affordable housing) Portland, 97225 16. Adele Newton President, Washington County 7700 SW Alden St. Tel. 244-1934 League of Women Voters (Civic Portland, 97223 interest 17. Jim Nicoli Mayor, City of Tigard 13125 SW Hall Blvd. Tel. 639-4171 Tigard, 97223 Fax. 684-7297 18. Nawzad Othman President, OTAK (represents 17355 Boones Ferry Rd. Tel. 635-3618 Orland Development) Lake Oswego, 97035 Fax. 635-5395 19. Jason Rakowitz Staff Assistant, Multnomah 1120 SW 5th Ave. Rm. Tel. 306-5797 County Commission Chair 151 Fax. 248-3093 Beverly Stein; business and Portland, 97204 workforce development coordinator 20. Jack Reardon Manager, Washington Square 9585 SW Washington Tel. 639-8860 Mall (Local businesses) Square Rd. Fax.620-5612 Tigard, 97223 21. Bob Rohlf City Council Member 12340 SW North Dakota Tel. (W) 684- Tigard 97223 8709 22. Ted Spence Tigard Citizen 10430 SW 66th Ave. Tel. 245-1549 Ti ard, OR 97223 23. Rick Saito President, Group McKenzie 0690 SW Bancroft St. Tel. 224-9560 (Architectural consulting for Portland, 97201 Fax. 228-1285 Lincoln Center 24. Karen Wagner Executive Director, STOP 15405 SW 116th Ave. Tel. 624-6083 (Transportation Advocacy) 202-B Tigard, 97224 25. Pat Whiting Chair, Metzger Park Community 8122 SW Spruce St. Tel. 246-7172 Participation Organization (CPO) Tigard 97223 (Alt. Mike Donovan, Chair, Metzger Park Board) 26. Nick Wilson Planning Commission Member 12573 SW Winterlake Tel. 224-5238 Dr. Tigard OR 97223 Fax. 224-5239 2 FAX TRANSMITTAL Date April 27, 1998 Number of pages including cover sheet v To: Honorable Mayor & City Council From: Cathy Wheatley City Recorder CO: Co: City of Tigard Fax Fax 684-7297 Ph 639-4171. Ext. 309 SUBJECT: Council Agenda Item - (Non-Agenda No. 7.2) MESSAGE: Following is a list of Potential Task Force Members for the Washington Square Regional Center Plan prepared by Laurie Nicholson of the Community Development Department. She has been checking with property owners from the Metzger Area for a representative. (see #25 on list). Also with this transmittal is some information on 2040 Planning Work for the Bull Mountain and Metzger area. If time permits, this will be offered as a discussion item at tomorrow night's Council meeting. I: W DMICATHYICOUNCI L MASHSO. DOC I:\ENO\FAX.VOT WASHINGTON SQUARE REGIONAL CENTER PLAN POTENTIAL TASK FORCE MEMBERS April 20, 1998 NAME INTEREST ADDRESS TEL/FAX 1. Evelyn Beaverton City Council Member PO Box 4755 Beaverton, Tel. 526-2347 Brzezinski 97076 Fax.526-2479 2. Rex Burkholder Executive Director, Bicycle 1117 SW Washington St. Tel. 226-0676 Transportation Alliance (BTA) Portland, OR 97207 Fax. 226-0498 (Bicycle Advocacy) 3. Bill Buckley Tualatin Valley Economic 10200 SW Nimbus Ave., Tel. 620-1142 Development Suite G-3 Tigard, OR Fax 624-0641 97223 4. Charles Cameron County Administrator, 155 N. 1 st Ave. Mail Tel. 648-8685 Washington County Stop 21 Fax. 693-4545 Hillsboro, 97124 5. Nancy Carr Manager, Crescent Grove 9925 SW Greenburg Rd. Tel. 639-5347 Cemetery & Mausoleum (Local Tigard, 97223 Fax. 620-1264 business 6. Dr. Gene Davis Retired veterinarian Foreign Mission Tel. 246-5862 (Development interest) 10875 SW 89th Tigard, OR 97223 7. Jillian Detweiler Commissioner's Assistant, 1221 SW 5th Ave. Rm. Tel. 823-4321 Commissioner Charlie Hales, 210 Fax. 823-4040 City of Portland Portland, 97204 8. Dan Heagarty Chair, Fans of Fanno Creek PO Box 25835 Portland, Tel. 236-6663 (Watershed advocacy) 97225 Fax. 223-2701 9. Denise Jackson Nimbus Business Commuters; 8920 SW Gemini Dr. Tel. 672-7800 Building Manager, Spieker Beaverton, 97208 Fax. 672-7050 Properties (Business/ transportation association 10. Beth Johnston Associate Vice President, Norris 10300 SW Greenburg Tel. 452-5900 Beggs & Simpson; Project Rd. Fax. 244-4400 Manager, Lincoln Center(Local Tigard, 97223 businesses 11. Jon Kvistad Presiding Officer, Metro Council 600 NE Grand Ave. Tel. 797-1549 (District #3) Portland, 97232 or 590-3282 Fax. 797-1799 12. Dan McFarling President, Association of Oregon 20585 SW Cheshire Ct. Tel. 642-4077 Rail and Transit Advocates Aloha, 97007 AORTA Commuter rail 13. Ed McVicker Principal, Metzger Elementary 10255 SW 90th Ave. Tel. 684-2300 School Tigard, 97223 Fax.246-9803 1 NAME INTEREST ADDRESS TEL/FAX 14. Lyndon Musolf Principal, Lyn Musolf & 5480 SW Dover Lp. Tel. 768-5103 Associates (Affordable housing) Portland, 97225 15. Adele Newton President, Washington County 7700 SW Alden St. Tel. 244-1934 League of Women Voters (Civic Portland, 97223 interest 16. Jim Nicoli Mayor, City of Tigard 13125 SW Hall Blvd. Tel. 639-4171 Tigard, 97223 Fax. 684-7297 17. Nawzad Othman President, OTAK (represents 17355 Boones Ferry Rd. Tel. 635-3618 Orland Development) Lake Oswego, 97035 Fax. 635-5395 18. Jason Rakowitz Staff Assistant, Multnomah 1120 SW 5th Ave. Rm. Tel. 306-5797 County Commission Chair 151 Fax. 248-3093 Beverly Stein; business and Portland, 97204 workforce development coordinator 19. Jack Reardon Manager, Washington Square 9585 SW Washington Tel. 639-8860 Mall (Local businesses) Square Rd. Fax.620-5612 Tigard, 97223 20. Bob Rohlf City Council Member 12340 SW North Dakota Tel. (W) 684- Tigard 97223 8709 21. Ted Spence Tigard Citizen 10430 SW 66th Ave. Tel. 245-1549 Ti ard, OR 97223 22. Rick Saito President, Group McKenzie 0690 SW Bancroft St. Tel. 224-9560 (Architectural consulting for Portland, 97201 Fax. 228-1285 Lincoln Center 23. Karen Wagner Executive Director, STOP 15405 SW 116th Ave. Tel. 624-6083 (Transportation Advocacy) 202-B Tigard, 97224 24. Pat Whiting Chair, Metzger Park Community 8122 SW Spruce St. Tel. 246-7172 Participation Organization (CPO) Tigard 97223 (Alt. Mike Donovan, Chair, Metzger Park Board) 25. Metzger area Yet to be appointed roe owner 26. Nick Wilson Planning Commission Member 12573 SW Winterlake Tel. 224-5238 Dr. Tigard OR 97223 Fax. 224-5239 • 2 04/27/98 16:15 $'503 684 7297 CITY OF TIGARD Q001 sss MULTI TRANSACTION REPORT iii!!S!!!liiiii#ii!!!!i!#!##!iliiii! TX/RX NO. 1883 INCOMPLETE TX/RX TRANSACTION OK [ 021 639 5697 KEN SCHECKLA [ 031 5704420 BRIAN MOORE ( 041 6208759 PAUL HUNT [ 051 684 3636 JIM NICOLI 0 ERROR A/c) RyFl\l0 4148 166 -rr l s cuss UYLL CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: Mayor Nicoli and /C' iity Council FROM: Jim Hend x DATE: April 23, 1998 SUBJECT: 2040 Planning Work for Bull Mountain and Metzger Area As Council recalls, the County began contracting with the City last June to provide urban services to portions of unincorporated Washington County, primarily on Bull Mountain and in the Walnut Island. Urban services presently include current planning, plan review and building inspections, building related engineering services, and road maintenance activities. raised the prospect with the County of providing urban services to the Metzger area. I also initiated discussions regarding the potential for the City taking the lead in providing long range planning for Bull Mountain and Metzger. My discussion dealt with coordination primarily, but I was also interested in what the County would consider. It seemed logical since we are providing current planning, building, and maintenance activities, that other activities may also be desired. Attached, is a letter from John Rosenburger, Director of Land Use and Transportation. The County is looking for our interest in providing long range planning for Bull Mountain and the Metzger area. They have indicated their interest in providing resources to support the City in implementing 2040. 1 met with John to discuss this. At this point, there are a lot of unanswered questions. I would recommend that Council discuss this idea at its next study session on April 28th. I would also recommend that we indicate to the County that we are interested in pursuing this further. This should be cautioned with the realization that additional review is necessary. Should it be determined that the concept in unworkable or the tasks beyond our ability to deal with, either of us could terminate our discussions. Expressing the City's interest would allow the County to budget funds to contract with the City. If it is determined that we will provide long range planning activities to Bull Mountain and Metzger, an Intergovernmental Agreement (IGA) will be necessary. I:ICDADMUERREEUIM D4000UN.MEM WASHINGTON RECD APR 0 6 1998 OWE" COUNTY, OREGON Iql1ow April 3, 1998 Mr. Jim Hendryx Community Development Director City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Dea m. RE: 2040 PLANNING WORK IN THE BULL MOUNTAIN AND METZGER AREA On March 18", Charlie Cameron and I met with Bill as a follow-up to our previous discussions concerning Metzger and the city's desire to look at a contracting relationship for land development activities similar to the current contract for the Bull Mountain area. Since there seems to be a higher level of sensitivity to the city expanding services into Metzger we discussed the idea of the city doing the 2040 planning work in the Bull Mountain and Metzger areas as a precursor to actually beginning a contract relationship for development services in Metzger. At the meeting we discussed the idea of your staff putting together a proposal for both of the areas which we could then review and discuss with the leadership of the Metzger and Bull Mountain areas. I know that the city is currently beginning planning work for a portion of the Metzger area as part of a TGM grant next fiscal year. The idea would be for the county to provide the city the resources necessary to expand your current work to include all of the Metzger and Bull Mountain areas. What we discussed at the end of our meeting would be to have you and I get together and lay out a proposal that we could then discuss with Bill and Charlie, and take out to the Metzger and Bull Mountain communities to see if this is an acceptable approach. 155 North First Avenue Department of Land Use and Transportation • Administration Phone: (503) 693-4530 Room 350-16 Hillsboro, Oregon 97124-3072 FAX (503) 693-4412 2040 Planning Work in Bull Mountain and Metzger Areas Page 2 What I have in mind would be for the county to provide the city the equivalent of one senior planner for a two-year period, plus an additional 30% of a senior planner for those administrative and accessory type activities that would need to be undertaken in order to complete the necessary work. The county would transfer a specific amount of money equivalent to the above staffing level to the city at the beginning of each fiscal year, beginning in July 1998. What the county would be looking for in terms of a work product at the end of the two-year period would be a plan and zoning designation on both Bull Mountain and Metzger that would comply with 2040. In addition, the county would ?ook to providing a liaison between Tigard and Washington County to coordinate the necessary ordinances and city involvement activities that would be necessary in order to accomplish this. Bill mentioned that you were going to be out of town for a couple of weeks. Once you've had an opportunity to review this, please give me a call and we can set something up on your return to begin moving this forward. Between now and July, we would have sufficient opportunity to hammer out the kinds of things that we would want in a general sense, with the idea of beginning the real planning work in July of this year. If you have any questions concerning this or need additional information, please let me know. I will have my secretary, Bev Aldrich, call and arrange a meeting at your earliest convenience. Sincerely, John . Rosenberger Direc r Dirrrigard2040 I~ID~~- ~J~nlo(~ Gam= Alas 40 -For- Cli scussi utL i CITY OF TIGARD Community Development ShapingA Better Community MEMORANDUM ~ITY OF TIGARD TO: Mayor Nicoli and City Council FROM: Jim Hendryx DATE: April 23, 1998 SUBJECT: 2040 Planning Work for Bull Mountain and Metzger Area As Council recalls, the County began contracting with the City last June to provide urban services to portions of unincorporated Washington County, primarily on Bull Mountain and in the Walnut Island. Urban services presently include current planning, plan review and building inspections, building related engineering services, and road maintenance activities. I raised the prospect with the County of providing urban services to the Metzger area. I also initiated discussions regarding the potential for the City taking the lead in providing long range planning for Bull Mountain and Metzger. My discussion dealt with coordination primarily, but I was also interested in what the County would consider. It seemed logical since we are providing current planning, building, and maintenance activities, that other activities may also be desired. Attached, is a letter from John Rosenburger, Director of Land Use and Transportation. The County is looking for our interest in providing long range planning for Bull Mountain and the Metzger area. They have indicated their interest in providing resources to support the City in implementing 2040. 1 met with John to discuss this. At this point, there are a lot of unanswered questions. I would recommend that Council discuss this idea at its next study session on April 28th. I would also recommend that we indicate to the County that we are interested in pursuing this further. This should be cautioned with the realization that additional review is necessary. Should it be determined that the concept in unworkable or the tasks beyond our ability to deal with, either of us could terminate our discussions. Expressing the City's interest would allow the County to budget funds to contract with the City. If it is determined that we will provide long range planning activities to Bull Mountain and Metzger, an Intergovernmental Agreement (IGA) will be necessary. 1'AC 0 AD MU E R R E EU I M\2040C 0 U N. M E M WASHINGTON RECD APR 0 6 1998 COUNTY, OREGON April 3, 1998 Mr. Jim Hendryx Community Development Director City of -Mgard 13125 SW Hall Boulevard Tigard, OR 97223 Dea m: RE: 2040 PLANNING WORK IN THE BULL MOUNTAIN AND METZGER AREA On March 18`h, Charlie Cameron and I met with Bill as a follow-up to our previous discussions concerning Metzger and the city's desire to look at a contracting relationship for land development activities similar to the current contract for the Bull Mountain area. Since there seems to be a higher level of sensitivity to the city expanding services into Metzger we discussed the idea of the city doing the 2040 planning work in the Bull Mountain and Metzger areas as a precursor to actually beginning a contract relationship for development services in Metzger. At the meeting we discussed the idea of your staff putting together a proposal for both of the areas which we could then review and discuss with the leadership of the Metzger and Bull Mountain areas. I know that the city is currently beginning planning work for a portion of the Metzger area as part of a TGM grant next fiscal year. The idea would be for the county to provide the city the resources necessary to expand your current work to include all of the Metzger and Bull Mountain areas. What we discussed at the end of our meeting would be to have you and I get together and lay out a proposal that we could then discuss with Bill and Charlie, and take out to the Metzger and Bull Mountain communities to see if this is an acceptable approach. 155 North First Avenue Department of Land Use and Transportation • Administration Phone: (503) 693-4530 Room 350-16 Hillsboro, Oregon 97124.3072 FAX (503) 693-4412 2040 Planning Work in Bull Mountain and Metzger Areas Page 2 What I have in mind would be for the county to provide the city the equivalent of one senior planner for a two-year period, plus an additional 30% of a senior planner for those administrative and accessory type activities that would need to be undertaken in order to complete the necessary work. The county would transfer a specific amount of money equivalent to the above staffing level to the city at the beginning of each fiscal year, beginning in July 1998. What the county would be looking for in terms of a work product at the end of the two-year period would be a plan and zoning designation on both Bull Mountain and Metzger that would comply with 2040. In addition., the ccunt`f :plc--,!d lock to providing a liaison between Tigard and Washington County to coordinate the necessary ordinances and city involvement activities that would be necessary in order to accomplish this. Bill mentioned that you were going to be out of town for a couple of weeks. Once you've had an opportunity to review this, please give me a call and we can set something up on your return to begin moving this forward. Between now and July, we would have sufficient opportunity to hammer out the kinds of things that we would want in a general sense, with the idea of beginning the real planning work in July of this year. If you have any questions concerning this or need additional information, please let me know. I will have my secretary, Bev Aldrich, call and arrange a meeting at your earliest convenience. Sincerely, John Rosenberger Direc r Dirfrigard2040