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City Council Packet - 04/26/1971 TIGARD CITY COUNCIL REGULAR MEETING APRIL 26, 1971, 7,30 1':M: FOWLER JR- HIGH SCH"UOL LIBRARY ROOM AGENDA: l.. CALL TO ORDER 2. ROLL CALL 3, PLEDGE OF ALLECIANCE 4. APPROVAL OF MINUTES, April 12, 1971 5. IVNITTEN COMMUNICATIONS 6: APPROVAL OF BILLS jk,560:69 7. REZONING APPLLIC'ATION- Applicant is Hyster Sales Company for rezoning from M=4 Industrial Park to P-D Planned Development District on aparcel located on crest side of Hwy: 217, approximately 700 feet east of S.W. 72nd Avenue. Map 251 1D, _ part of Tax Lot 1401. Application approved by Planning Commission. (a) Set Public Hearing 8:00 P.M. May 10, 1971< 8. REZONING APPLICATION, Applicant is City of 'Slgard to rezone from R-7 Single Family Residential to P-D, Planned Develop- ment District on a parcel located on southwest corner of S.W. Bull Mountain Road and Hwy. 99-W, Map 2S1 10A, Tax Lot 3680, Application approved by Planning Commission. (a) Set Public Hearing 8:00 P.M• May 10, 1971. 9. CONDITIONAL USE APPLICATION, Applicant is M.R. Selsey for a`conditional use application to allow a duplex on an R-7, Single Family Residential parcel located on rest side of S.W. 95th Avenue, approximately 500 feet south of SW, Greenburg Road, Map;1S1 35CD, Tax Lot 2701- Application approved by Planning Commission. (a) Set Public Heering 8:00 P_M>_May 10, 1971- 10. CONDITIONAL USE APPLICATION> Applicant is Nadine Shepherd '- to allow a boutique shop in the basement of an R-7, Single Family;Residential dwelling located at 12280rS,W, :Hall Boulevard, on the northeast corner of SsW,-Hall Boulevard and S.W. Knoll Drive_ Map`2Sl 1BC., Tax Lot 700: Applica- tion approved by Planning Commission: (e) Set Public Hearing 8:00 P.M. May 10, 1971. ll� CONDITIONAL USE APPLICATION, Applicant is Randall Construc- tion Company, Inc. to allow the construction of apartments on a C-3, General Commercial'parcel located on south side ' of S.W. Walnut Street, approximately 310 feet northwest of - 99W. Map 2S1 2BD, Tax Lot 2201, Application denied by Planning Commission.' (a) Set Public Hearing 8:00 PQM. May 10, 1971- 12. RESOLUTION No. 71 - RESOLUTION RECOGNIZING MERITORIOUS SERVIICE OF BETTY'JArIC AS BUDGF,T COMMITTFE MEMBER (a) Recommendation of Mayor Larsen: 13: ORDINANCE No. 71 AN -"R'DTNANCL: AUTHORCl,tNi, CONDITIONAL, LSR(S) ON LbNDS ot. rk)N!.LD P. P'OL-LOCK & JULIA G rOLLOCK in Section 2, T2S, R1W, W:M" , TIGARD, WASHINGTON COUNTY, OPECON (a) Continued from Council Meeting of April 12, 1971: (b) recommendation of City Administrator: 14> 98TH STREET IMPROVEMENT DISTRICT (a! c.:tatus report by Director of riiblic Works: 15: APPROVE SPECIFICATION - DUMP TRUCK (a) Recommendation of City Administrator 16: ORDINANCE No, 71AN ORDINANCE REGULATING THE COLLECTION, _m HAULING AND DISPOSAL ANT) STORAGE OF WASTE MATERIALS, GRANTING AN F:XCTAISTV'F FRANCHISE THEREFOR, DEFINING THE TERMS 'THEREOF, ESTABLISHING COLLECTION RATES, PROVIDING PENALTIES FOR VIOLATION, REPEALING ORDINANCE No, 66-1, AND DECLARING AN EMERGENCY. (a) Public Hearing m 8:00 P.M: 17, OTHER BUSINESS 18� CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK 19, ADJOURNMENT a COUNCIL AGENDA April 26, 1971 Page 2 TIGARD CITY C O U N C I L REGULAR MEETING APRIL 26, 1971, 7:30 P<M� 1. ROLL CALL Presen'.- Mayor Daniel L. Larsen, Councilmen Floyd H. Bergmann„ Robert C. t63ere, c`harles L. Norton, Co�:i.nilwctT:an Carolyn J. Paisley, Stephen. y M. Telfe*., City Administrator; Fred A. Anderson„ _ city Attorney; Keith C. Thompson, Director of Public works, Ray Rangila, City Planner, Doris Hartig, City Recorder, 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES, April 12, 1971 (a) Approved as submitted. 4. WRITTEN COMMUNICATIONS (a) None 5. APPROVAL OF BILLS $6560.69 (a) Motion to approvea Councilman More, seconded by CouncW1- woman Paisley. Approved by unanimous vote of Council. 6. REZONING APPLICATION. Applicant is Hyster Sales Company for rezoning from M-4 Industrial park to P-D Planned Development- District evelopmentDistrict on a parcel located on west side of Highway 217, approximately 700 feet east of S.W. 72nd Ave. Map 2Sl 1D, part of Tax Lot 1401. Application approved by Planning Commission. (a) Motion to set Public Hearing May 10, 1971, 8000 P.M.o " Councilman Norton; seconded by Councilman Bergmann. Approved by unanimous vote of Council. 7. REZONING APPLICATION. Applicant is City;of Tigard to rezone from R-7 Single Family'Residential to'P-D, Planned Development District on a'parcel located on southwest .corner of.-S.W..`Bull Mountain Road-and'Highway 99-W, Map 2S1 10A, Tax Lot 3680. Application approved by Planning Commission. (a) Motion to set Public Hearing.May 10, 1971, 8:00 P.M.: Councilman-Norton, 'seconded by Councilman Moore. Approved by unanimous vote of Council. 8. CONDITIONAL USE APPLICATION. Applicant is M.R. Kelsey for a conditional'use application to allow a duplex on an R-7 Single Family Residential parcel located on west aide of S.W. 95th Avenue, approximately 500 feet south of S.W. Greenburg Road, Map lSl 35CD, Tax Lot 2701. Application approved by Planning Commission. (a) Motion to set Public Hearing May 10, 1971, 8300P.M.; Councilman Bergmann, seconded by Councilwoman Paisley. a Approved by majority vote of Council; Councilman Norton voted NAY. Page 1 COUNCIL MINUTES April 26,_ 1971 9. CONDITIONAL USE APPLICATION. Applicant is Nadine Shepherd to allow a boutique shop in the basement of an R-7, Single Family Residential dwelling located at 1.2280 S,W Hall. Boulevard on the northeast corner of S.W. Hall Boulevard and Knoll. Drive. Map 251. 1BC, Tax Lot 700. Application approved by Planning Commission. (a) Motion to set Public Hearing May 24.; 1971, %00 P,Mux Councilman Moore; seconded by Councilman Norton. Approved by unanimriess +rate cf Cr:unoil. 10. CONDITIONAL USE APPLICAT10% Applicant in Randall Construction Company, Inc. to allow the construct_on of apartments on. a _ C--3, General Commercial parcel located on south side of S.W. Walnut Street; approximate=ly 310 feet northwest of 99W. Map 2Sl 2BD, Tax Lot 2201Application denied by Planning Commission. (a) Motion to set Public Hearing May 10, 1971, 800 P„M„p Councilman Moore, seconded by Councilman BerTmann. Approved by unanimous vote of Council. 11. CONDITIONAL USE APFLICATYON. Applicant is Carl 'Winthers tc allow a planned residential development of 28 townhouse and duplex units on two one acre R-7, Single Family Residential parcels located on the east side of S.W. 98th Avenue approximately 400 feet south cf S.W. Greeinurg !load. Map 1S1 35CD, Tax bots 1500, 1700. Application appnsved by Planning Commission. (a) Motion to set Public. Hearing May 10, 1971, 8.00 P„M-; _ Councilman Bergmann, seconded by Councilman nacre. Approved by unanimous vote of Council. 12. 98th STREET IMPROVEMENT DISTRICT (a) Director of Public Works gave a status report and outlined boundaries of proposed project. 13. 'APPROVE SPECIFICATIONS FOR DUMP TURCK (a) City Administrator recommended specifications be ffi adopted and City be authorized to advertise for bids, (b) Motion be CouncilmanNorton to approve specifications as presented and authorize''staff to advertise,for bids. Motion seconded by Councilwoman Paisley. �a Approved by unanimous vote of Council. 14. RESOLUTION 71-6 RESOLUTION RECOG=NIZING MERITORIOUS SERVICE OF BETTY JACK AS BUDGET COMMITTEE MEMBER (a) Mayor Larsen read resolution of appreciation and recommended adoption (b) Motion to adopt. Councilman Bergmann, seconded by Councilman:Moore. Approved by unanimous vote of Council. ' { Page`2 COUNCIL MINUTES April 26, 1971 e 15. ORDINANCE No. �l i5 AN ORDINANCE AUTHOR1ZIVG CCNL TxONAT_� ��� USE(S) CN 1 NDS OF DONALD E. PC:�LO4 ?R S j91,1A G. POr,1.CiGK .n. Section 2, 25, RlW, W.M. 1'1GARD, WASHINGTON COUNTY, OREGON. (a) rhxblic Hearing 8,00 F,M, (C�Nntinued from Council!. meek-ung r__f Apr-'u`. i2 Jim Harris, Civil Engineer. 8905 S.W. Commercial St.. representing applicant, explained prop-:,,sed de-.e"c;r.nent, Public Hearing Closed (b) Motion to adopt'.: Councilman Moore, seconded by Council- man Bergmann. Attorney Andersen stated City should accept applicant's offer to put in flood ccntrcl media and sponsor assmme all liability for pcnd.ng and save the City harmles4 from any damages prior to t:ne City taking it ^vera Attorney recommended further study, of prohlem and teat. applicant assume all risks that are invclved in changing the topography of the stream. (c) Motion by Councilman Norton to wmend ordinance _v regaire the development e,f a st.,rm water control has-in t:D alleviate potential flooding of downstreazn properties and that applicant save the City harmless f,--cm "gab. 7a `es arising from the development of the planned fac-l..tiesy seconded by CouncilLuman moored Amendment approved by unan.Lmous vote of Caunci,l- (d) Applicant stated he falit toc. many parking stalls were required. City Planner racc;an,iemded the number of par'kinq stalls be reduced from 3.6 to 2.5 (a total of 88 parking spaces) Motion by Councilman Moore to amend condition 3 to change parking ratio from 3„6 to 2,5a seconded by Councilman<Norton. Approved by unanimous Grote of council. (e) Councilman Norton moved that sir�ce this was a condominium. that oondituxon, 11 be included to have the 'Home Owners Association�approved,by the City Attorney. seconded by Councilman. Bergmann. Approved by unanimous vote of Council. Call for vote on Ordinance 71-'15, as amended, was approved by unanimous vote of Council. 16. ORDINANCE No. 71- AN ORDINANCE REGULATING THE COLLECTION, HAULING,AND DISPOSAL AND STORAGE OF WASTE MATERIALS, GRANTING AN EXCLUSIVE FRANCHISE THEREFOR, DEFINING"THE'TERMS THEREOF, ESTAFLISHING COLLECTION RATES, PROVIDING PENALTIES FOR VIOLATION, REPEALINGORDINANCE No. 66-1, AND DECLARING AN EMERGENCY. (a) City Administrator reviewed proposed ordinance and stated garbage rates in surrounding areas had increased April 1, 1971. Page 3 COUNCIL MINUTES April 26, 1971 (b) Public Hearing 8,00 p,Mo Those who testified are as follcw :: Ted Millar 10902 S,& 66t"r. M`-',waukie alSc- represert:irc owners of King's Choice Apt.. requested ancre t iae c.c study rates. Representative of F',armers Insurance„ 15700 S,.W, Varnes: requested additional time to study rate schedule, Nick Brajavioh, Secretary of Sanitary Truck lir—ra testified for rate change and :immediate ad�cgtion.,, Attorney Ker: Zenger, representing Herb Frank, spoke in opposition of delay. He requested 5 minutes recess to review proposed rate change with Council. (c) Mayor Larsen calked 5 mi-n'at.e recess of ,+nc-L tc c4n� ce_ request. Meeting called back into session by Mayor. (d) Motion by Councilman L�ercymann to continue Puh]Lic Hearin. to 8;00 P„M., May 10, i9`3_!. secrnded by Ccunc• ,na^ NTrtvn-r.. Approved by unanimous vote of Counc,:'.. OTHER BUSINESS A. FOERSTER ANNEXkTZON Administrator stated annexation Petitscn received frc:M Ecet3:rd F. Foerster of 11665 S.W. 98th Avenue. Ad;rr.inistrator ,recvm-ae:r aed Petition be forwarded to Boundary Review C�,mniseion f0Z action. (1) Motion to acknowledge annexation petition and forward to ` Boundary Review Commissions Councilman Norton, seconded by Councilman Bergmann. f Approved by unanimous vote of Council. B. NAMING OF BALL FIELDS (1) City Administrator recommended in recognition of their service to community, City name the new ball fields at Cook Park after Lou Girod :and ]dick McKenzie. (2) Motion by Councilman Moore to name ball parks Dick McKanzie Field and Lou Girod Fields seconded by Councilman Norton. " Approved by unanimous vote of Council. C. SEWAGE TREATMENT PLANT (1) City Administrator reported serious problem at sewage treatment plant in that there has developed a P eparation of the liner, in addition to the;problems of float3crj of the liner. Stevens, Thompson and Runyan arae working on solution and basin will have to be pumped to be repaired. Administrator stated City has maintained this is a matter for engineers to resolve and City has not'acc*pted completion of plant. Page 4 COUNCIL MINUTES April 26, ,1972 Attorney Andersc,n stated he felt the City s4c,M a%-,. itself of a civy! engineer , who w-ur _ gxal. fy a_ axe. ew er^ witness and who would he ab.u.e to MELL y as to We prOg>ess of the situation. The eughrears have ras czirecTel Me problem and what has been care has teen urder pr--esio Engineers have not said the! :would assume cos and Attorney felt. City was Ne_d&d 3 A w Council. and staff discussed p_able.i and sacaring of qualified civil engineer. (2) Motion by Councilman More to a thcriae Ad.n a M an:or and. Attorney to locate prefessWnal ,_-We " evalua-e saw"P problem and engage hie servicew seconded by councilman Bergmann. Approved by unanimous vote Ccunci�, De ADJOURNMENT 900 K& tiny Fecn d.e, ( -> V ATTESTt ay�or IL Page 5 COUNCIL MINUTES April 26, 1971 BILLS PRESENTED FOR PAYMENT April 26, 1971 GENERAL FUND, U. S. NATIONAL BANK Check No. 7823 Anderson & Dittman (11)309.00 (18)357.00 666.00 7824 Butler's Tire& Battery - Mount Tires lb 22.50 7825 Geo. F.Cake Co. - Supplies 16 28.75 7826 Mrs. Harold Davidson - Recreation Instructor 17 24.18 7827 Demeo - Library Supplies 15 29.16 7828 Mrs. Garlin Eckles - Recreation Instructor 17 72.00 7829 Eldon L. Graham Radio Repair (16 ?_5.00 7830 International Assn. of Chiefs of Police-Due: (16 25.00 7831 Ann Kafoury - Recreation Instructor (17 26.00 7832 Nancy Lee - 6f ff 17 13.00 7833 Lehman Reloading Service - Supplies 16 53.00 7834 Ken Lester - Recreation Instructor 17 40.00 7835 Line-Up Shops, Inc. - Auto Repair 16 1.25 7836 Norris Plastic Specialties - Supplies 16 14.00 7837 Nudelman Brothers - Uniforms 16 32.25 7838 Pargas - Propane 16 250.14 7839 Portland Precision Instrument & Repair Co. 19 6.00 7840 Radio Shack - Supplies (16 1.47 7841 Rogers Machinery Co. - Equipment Rental 17 13.00 7842 Shell 011 Co. - (12)8.55 (13)2.47 (16)133.03 144.05 7843 Valley Auto Parts - (16)126.73 (17)2.60 129.33 7844 Victor Comptometer Corp.-Adding Machine Ribbons 3.12 7845 Willamette Sales Co. - Auto Repair (16) 30.13 7846 Multnomah County - (12)33.36 (16)90.47 (19)4.38 File Cabinet (16) 80.55 208.76 7849 General Telephone (18) 344.26 2;202.35 �EYIF.R FUND. 'U. S. NATIONAL`BANK Check No. 7823 Anderson & Dittman (31)229.52 (32.4)15:00 244.52 7849 General Telephone : 3076 2400 Bearing 'Sales & Service - Supplies 30 25,04 4 2401 Falk Hardware Co. Supplies 30 7.10 2402 W. W. Grainger, Inc. - as 30 8.00q' G STATE TAX STREET FUND. U. S. NATIONAL BANK Check No. 7388 Pargas - Propane 20 15.78 7842 Shell Oil Co. 20 11°56 7843 Valley Auto Parts Auto Repair & Main. 2032,78 7845 Willamette, Sales Co. - Equipment Main. 20 7.o8 7846 Multnomah County - Supplies 20 145.30 A. 2402 W. W. Grainger, Inc. Supplies 20 21.20 1903 Fabricators, Inc. -- Yard Refuse Container 20 118,00 1904 General Tool & Supply - ,Supplies 20) 16.58 1905 Tigard Sand & Gravel - Crushed Rock 20 60.55 g 28.83 ROAD FUND, U. S. NATIONAL BANK Check No, 7849 General Telephone (20 4.69 1906 Cornell, Howland, Hayes & Marryfield (21.4) 2,976.80 1907 Oregon State Highway Dept. - Equipment Rental & Main. (21.4 76.60 1908 W. L. McMonagle - Associates (21.5 586.00 TOTAL ACCOUNTS PAYABLE 6.560.69 r, s