City Council Packet - 02/10/1975 TIGAER C I T Y C O U N C I L
REGULAR MEETING FEBRUARY 10, 1975, 7:30 P.M.
1. ROLL CALL: Present: Mayor Wilbur A. Bishop; Councilmen Ralph C. Barkhurst,
John E. Cook, Alan W. Mickelson; R. B. Adams, Chief of Police; Fred
A. Anderson, Legal Counsel; Russel Austin, Building Official; Dick
Bolen, City Planner; Bruce P. Clark, City Administrator; Doris Hartig,
City Recorder; Nick Hiebert, Director of Public Services & Facilities.
2. APPROVAL OF MINUTES - JANUARY 24, 27, FEBRUARY 3, 1975.
(a) With respect to February 3, 1975 meeting, Item 3, Councilman Mickelson
questioned the procedure of the appointment of Joann Corliss and Fred
Olson. It was the consensus of the Council present that the appointments
were made "with approval of Council".
(b) Councilman Cook moved to amend Section 3 of the February 3, 1975 minutes to
read "with the approval of Council; and seconded by Councilman Barkhurst."
Approved by unanimous vote of Council present.
Minutes as amended were approved as distributed.
3. WRITTEN COMMUNICATIONS
(a) City Administrator made the following recanmendations regarding communicationst
(1) In NPO #3 Resolution - suggested resolution be discussed under Item
14 of the Agenda.
(2) Library Board recommendation - received and filed.
(3) Request for sewer assessment reconsideration - Tom Whittaker -
recommended item be sec over to study session when Mr. Whittaker
could be heard.
(4) Letter from Clark Enz regarding McDonald Restaurant Proposal -
acknowledgement filed.
4. APPROVAL. OF EXPENDITURES AND INVESTMENTS: 3,528.25.
(a) Motion to approves Councilman Mickelson, seconded by Councilman Cook.
Approved by unanimous vote of Council present.
5. SUBMISSION OF PETITIONS RELATING TO GARBAGE RATES - Mary Stoltz
(a) Mr. Stoltz read petition containing 147"signatures requesting Council
consider an equitable rate for once-a-month and twice-a-month regular
garbage pick-up. Also displayed was a rate chart of various companies in
the area. City Administrator stated the $2.75 rate quoted by Frank s
Sanitary Service was in error and should be $2.25. Petition and garbage
pickup was discussed by staff and Council.
(b) Motion by Councilman Cook to instruct staff to prepare an amendment to
ordinance to make rate more equitable for once-a-month pick-up; seconded by
Councilman Mickelson.
Approved by unanimous vote of Council present.
6. APPROVAL OF O.L.C.C. APPLICATIONS
(a) H & J Operating Corp. Town Tavern, 12370 S.W. Main, RMR Application
Clkrence J. Hess, Lone Oak Restaurant, 11920 S.W. Pacific Highway, DA
Application
American Legion Tigard Post #158, 11578 S.W. Pacific Highway, DBA Application
i
k
f
Safeway Stores Inc. $2830 250 Tigard Shopping Plaza, PS Application
Rolland D. & Mary Ann Dreeszen, Ron's Green Valley Tavern, 12470 S.W. Main
Street, RMB Application
Girod's Super Market Inc., 12230 S.W. Main Street, PS Application
George H. & Diana Y. Lee, Lee's Restaurant* 200 Tigard Plaza, RMB Application
Fred Meyer Inc., Eve's Buffet - Mary Healy Manager, 11565 SW Pacific Highway,
Restaurant Application
Fred Meyer Inc. 11565 S.W. Pacific Highway, PS Application
(b) Chief of Police reported the department had reviewed the applicants and
recommended the applications be approved.
(c) Motion by Councilman Cook to approve and forward to the O.L.C.C.; seconded
by Councilman Barkhurst.
Approved by unanimous vote of Council present.
7. CONDITIONAL USE APPEAL - Baunach-Pathfinder Duplexes
Request for conditional use of three R-7 zoned residential sites to allow duplexes
on residential lots in Pathfinder Subdivision, vicinity of S.W. 107th Court and
Former Street. (Tax Lots 1000,1100 and 1200 on Tax Map 2S1 3AC). Application
denied by Planning Commission.
(a) Setting of Public Hearing 8:00 P.M., February 24, 1975.
' (b) Motion to set public hearing: Councilman Mickelson, seconded by
Councilman Cook.
Approved by unanimous vote of Council present.
8. RESOLUTION No. 75-9 RESOLUTION OF CITY COUNCIL ACKNOWLEDGING RECEIPT OF TRIPLE
MAJORITY ANNEXATION AND RECOMMEND FORWARDING TO PORTLAND
METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION.
Schultz - 67th & Hampton.
(a) Motion to adopt: Councilman Cook, seconded by Councilman Barkhurst.
Approved by unanimous vote of Council present.
9. RESOLUTION No. 75-10 RESOLUTION OF CITY COUNCIL ACKNOWLEDGING RECEIPT OF TRIPLE
MAJORITY ANNEXATION AND RECOMMEND FORWARDING TO PORTLAND
METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION.
Church of Christ.
(a) Motion to adopt: Councilman Mickelson, seconded by Councilman Cook.
Approved by unanimous vote of Council present.
10. RESOLUTION No. 75-11 RESOLUTION OF CITY COUNCIL ACKNOWLEDING RECEIPT OF TRIPLE
MAJORITY ANNEXATION AND RECOMMEND FORWARDING TO PORTLAND
METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION.
B & T Investment Company.
(a) Motion to adopt: Councilman Cook, seconded by Councilman Barkhurst.
Approved by unanimous vote of Council present.
11. RESOLUTION No. 75-12 A RESOLUTION CONCERNING VACATION OF AN UNDEVELOPED 40 FOOT
WIDE DEDICATED PUBLIC RIGHT-OF-WAY, BEING COUNTY ROAD No.
893, COMMONLY KNOWN AS S.W. LUCAS AVENUE, IN THE CITY OF
7 TIGARD, WASHINGTON COUNTY, OREGON.
(a) Setting of Public Hearing, March 24, 1975 at 8:00 P.M.
PAGE 2 - COUNCIL MINUTES - FEBRUARY 10, 1975
11. (cont.)
(b) Director of Public Services and Facilities summarized the request for a
street vacation. Attorney Anderson suggested city staff check if Washin-,to;.
County has released the right-of-way. Council and staff discussed
requesting the property owner dedicate a portion of the right-of-way to tLe
Greenway system. Staff indicated property owner has indicated he will do so.
(c) Motion by Councilman Barkhurst to adopt resolution, subject to publication
not being made if the street is Still under County jurisdiction; seconded
by Councilman Cook.
Approved by unanimous vote of Council present.
12. NPO #3 RESOLUTION - Moratorium
(a) Legal Counsel summarized his memo with respect to imposing a moratorium on
lands while the comprehensive plan is being formulated. Council, staff
and Dick Klumpke, Chairman of NPO /3, discussed the request and Attorney's
memo.
(b) Motion by Councilman Cook to .table the request; seconded by Councilman
Barkhurst.
Approved by three-to-one vote of Council. Councilman Mickelson voting NAY.
Councilman Barkhurst moved staff draft a letter indicating Council's
concern on the location of McDonald's near the school property. Motion
died for lack of second.
13. NPO *2
(a) City Planner reviewed objectives and policies of the plan.
8:00 P.H. - Public Hearing
Letter submitted by Bernard Carr expressing concern over his property
located at S.W. North Dakota and Greenburg and requesting it be includes: '.
A-2, Multi-Family rather than R-79 Single Family zone.
TESTIMONY BY PROPONENTS:
John Cannon, 10333 S.W. 53rd, Portland
Leo Conway, 9775 S.W. North Dakota, Tigard
Jerry Reid, representing Bernard Carr
Adolph Flemming, 10060 S.W. Katherine
Ann Berard, 9930 S.W. Tigard
TESTIMONY BY OPPONENTS:
Joe Schulte, S.W. Johnson
Stan Wright, 11770 S.W. 90th
Russel Austin, 10130 S.W. Tigard
Public Hearing Closed.
(b) Council and staff discussed testimony and it was the consensus of Council
to review and finalize the plan at next study session.
f
14. NPO it REPORT - Regarding Planning Commission and NPO Action on Council Resolution.
(a) City Planner gave status report with respect to the joint NPO 41 and Planning
Commission meeting. Planning Commission will hold public hearing on amended
plan February 18, 1975.
PAGE 3 - COUNCIL MINUTES - FEBRUARY 10, 1975
15. GARBAGE RATE FRANCHISE - Fees
(a) City Administrator reported on corrected fees and stated item had been
covered under Item No. 5 of the minutes.
16. ORDINANCE No. 75-6 AN ORDINANCE AMENDING CHAPTER 14.06 OF THE TIGARD MUNICIPAL
CODE AS AMENDED BY SECTION 2(c) OF ORDINANCE No. 74-33;
AMENDING SECTION 14.04.050 OF THE TIGARD MUNICIPAL CODE WITH
RESPECT TO BUILDING PERMIT FEES; AMENDING AND SUPPLEMENTING
l SECTION 14.04.063 WITH RESPECT TO USE AND OCCUPANCY OF
RESIDENTIAL STRUCTURES AND ISSUANCE OF CERTIFICATES OF OCCUPANCY;
REPEALING SUB-SECTION 306 (f) (3) OF SECTION 14.04.064 OF
THE TIGARD MUNICIPAL CODE; REPEALING SECTIONS 14.04.060 AND
14.04.080 . OF THE TIGARD MUNICIPAL CODE; FIXING AN EFFECTIVE
DATE AND DECLARING AN EMERGENCY.
(a) Motion to adopt: Councilman Cook, seconded by Councilman Mickelson.
Approved by unanimous vote of Council present.
17. COMMUNITY DEVELOPMENT GRANT APPLICATION SCHEDULE
(a) City Administrator reviewed the community development application process
and recommended Council hold the required public hearing to get citizen
input as to City's high priority needs. Council requested public hearing
be held February 26, 1975 at 8:00 P.M.
18. TIGARD CITIZENS FORUM REPORT - FOWLER JR. HIGH ACQUISITION
(a) Mayor Bishop distributed preliminary report and stated final report will
be ready for Council consideration at next study session. Letter from the
School District regarding appraisal of the property was distributed.
19. ACCEPT AN EASEMENT FOR UNDERGROUND UTILITIES (including sanitary sewers) ON S.W.
LANDMARK LANE - Richard G. Pike
(a) Director of Public Services & Facilities recommended City accept
easement and authorize execution by City.
(b) Motion to accept easement and authorize execution by Mayor and City
Recorder; Councilman Cook, seconded by Councilman Mickelson.
Approved by unanimous vote of Council present.
20. OTHER BUSINESS
(a) City Administrator reported Virginia Erickson has resigned from the
Noise Committee.
(b) Wilbur Bishop and Alan Mickelson stated they plan to attend the League of
Oregon Cities workshop.
21. CALL TO THE AUDIENCE FOR THOSE DESIRING TO SPEAK.
(a) Mr. Stan discussed with Council his endorsement of the Fowler Jr. High
site acquisition.
(b) Mr. ;Jayne Rowe of NPO ;2 stated he felt Council should evaluate their
goals and priorities.
�- The Regular meeting adjourned at 11:30 P.M. and Council went into Executive Session under
the provision of Oregon Laws 1973, Chapter 172, Section 6 (1) (a), ORS 192.660 (1) (a).
Council discussed a Director of Public Works position and in other matters the City
Attorney advised Council of existing and possible litigation against the City.
Executive Session adjourned- at 12:40'X.11.
ATTEST:
Recorder - City of Tiga
Mayor - City of Tigard 01
PAGE 4 - COUNCIL MINOTES - FEBRUARY 10, 1975
AFFIDAVIT Or PUBLICATION
STATE OF OREGON,
} ai,
S9.
COUNTY OF WASHINGTON,
:` r i`"➢ �� „'' It{,1�ayf+�fi#M �Kf Tt +-w_ti.
1
I, .-.._.-_..... Joseph--Schafer...__._..._....._......_.._.__.....__ ......._.-_._............. I ma, xE 860
tltel�ib �v
being first duly sworn, depose and say that I am the publisher
------of The Tigard Times, a newspaper of general circulation, as defined _ e
:�1 �;a dOd`o11;
by ORS 193.010 and 193.020, published at TIgard, In the aforesaid county andjr
Oq,p. ti 77ai;�
state; that the legal notice, a printed copy of which is hereto annexed, was
published in the entire Issue of said newspaper for .__2 .—..—...... successive andnutd . � 'vi► i `
a r '
consecutive weeks in the foilowIng issues _—._......_.........................
w ?z
tw�. „tOf�lk;�t
"Subscribed" 6th
and sworn to before me this __..__..__ —.......... day of._ ... '
Februarys ?5
iL. ._ .....—......_._..
Notary Public of Oregon #-
MY commission expires
__ 191 _.
Bills Presented For Payment
February 10, 1975
General Fund - U. S. Naticnal Bank
Check No.
174-88 Bankers life - Police Retirement (603) 1175. 26
16490 Farmers Insurance Group Refund - St. Vacation (622) 51 . 3 ?
16491 ICMA - Administrators Retire
(608) 49.66 ( 12) 48.75 99.41
16,492 Travelers Ins. Group - Retirement - Fmployees
Oa ( 10) 4.91 (13� 34 .00 ( 19) 33 75 (608) 206.48
12 4.91 ( 15 26.50 (21 56. 52 367.07
16493 e%L Ins. - Payroll Withholding (619) 74. 93
16494 Wash. Co. Fed. Cr. Un. - Payroll 1lithholding 609) 643.00
16495 TEA - Payroll Withholding 604 ) 18.00
16496 Public Employees Retire Bd - Social Securit
110 9.57 (14) 163.85 16.3) 66.94 ( 1a 65.41
11 38.26 ( 15) 65.86 � 18) 21 .29 (21 ) 11C.23
12 104.63 16) 980.46 (612) 1965.74
13 167. 15 16.2) 171 .69 3931 .48
16497 POA - Payroll Withholding (611 ) 164 . 50
16498 U. S. National Bank - Federal Withholding Tax 5150. 16
16499 State of Oregon - State ITH Tax 1651 . 14
16500 AUL Insurance - Police Insurance
(16) 13. 50 ( 16.2) 2.70 ;16. 3) .90 (618) 106. 50 123.60
16501 Anthony Pelay - Judge ( 11 ) 432.00
16502 Otto Sorg - Library Rent
( 15) 238.00 (18 2. 50 240. 50
16503 State of Oregon - License Suspension ( 11 80.00
16504 Robert C. Moore - Parkang Lot Rental 18 75.00
16505 United Alloys - Welding Rods 20 74. 50
16507 Ore. Public Retire Sys. - Audit Police Pension 16 325.00
16510 R. B. Adams - Wash. Co. Law Enfor Council Dinner 16j 15.00
16511 Petty Cash - Misc. Office E ense & Lunches
M) 3.25 (16) 24.01 ( 183 1 .20 (21 ) 5.20
15.00 ( 17.2) 4. 30 (19) 11 .05 64.01
16512 A-Boy West - Light Bulbs & Plmb. Supplies 20 23. 85
16513 Bruce P. Clark - Expense for Public Consultants 12 17.00
16514 Maryatt Ind. - Laundry �20 20. 50
16515 Northwest Fire Arms - Seminar Registration
Branstetter & DeBrauwere ( 16) 70.00
16516 NW Natural Gas Co. - Utilities
(15) 80.97 (16) 32. 19 (18) 127.63 (20) 142.42 383.21
16517 1. R. Ohlson - Signature Plate For New Mayor ( 10) 55.00
16518 Pacific Steel 'Warehouse - SteelPipe P4 Bldg. (20 40.43
16519 Thayers - File Folders (14) 11 .52 (16) 15. 57 27.09
16520 Traffice Institute NW University - Traffic Template
& Calculator w/Manual (16) 10.50
16521 Mr. C's Photo Factony - Films, Processing, etc.
(13) 28.90 (16) 46.27 75. 17
16522 Oregon PERS Coates, Herfurth, England
Audit Pclice Pension (16) 15.00
Bills Presented For Payment - February 10, 1975
Page -2-
16523 Division of Cont. Education - Registration Fee
For Construction Inspectors Trainee (19) 47. 50
16524 Halrayy)) Auto Su pl - Misc. Auto Parts
16525 LMR (19)
205 Con57 58. 12
P tract Clause Reference Manual
(12) 50.00 (21) 50.00
16526 Calvin United Presbyterian Church 100.00
- Ref. St. Vacation (622) 66.67
16527 Columbia Maintenance - Janitor Service
(16) 44.00 (18) 198.00 242.00
16528 N.W. Law Enforcement Equipment
Fingerprint Lift Tape ( 16) 39.00
�
16529 P.entex - Laundry
90
16530 Tualatin Valgo ley yFFire�Equi85 pment18) 27 .40lb. Ansul Rechar e 16 50.65
16531 Valley Auto Parts - Paint g 17 68. 75
.85
16532 Dick Boeln - Travel Expense
16533 Jerry Powell - Travel Expense 14 19.05
16534 Dept. of Commerce - Surcharge Bldg. Permits14 7. 10
16535 Marine Lumber - Misc. Bldg. Supplies (623 19.82
(18) 19. 17 (20) 9.43 28.60
16536 Don Thomas Petroleum - Super Shell
16537 Jerald Parvell - Film Processing 14 18. 19
2966 Lonnie Branstetter - Travel Expense 16 7. 20
16538 Bankers 'Life - Police Retire Ins. 7.60
16539 Pargas - Equip. Rental 16 3000.00
1131 5.00
519, 184.69
Sewer Fund - U. S. National Bank
Check No.
1649 Travelers Ins. Group - Employees Retirement
16493 OAAInsurance -73-71 (Payroll. 12
�ithholdin 148.83
16494 Wash. Co. Fed. Cr. Union - PayrollWithholding619 5.46
16495 TEA - Payroll Withholding g 609 41 .00
16496 PublicEmployees Retire Bd. Social Security F04 18.00
(101 ) 231 .40 (612) 231 .40 462.80
16498 U. S. National Bank - Federal WH Tax
16499 State of Oregon - State WH Tax 594.40
3009 First National Bank - Sinking Fund209.74
3010 Ken R. Humke - Latches 541 356.94
16518 Pacific Steel Warehouse - Parts Flush Truck 240 4.56
16524 Halray Auto Supply - Flush Truck Parts 240 12'78
16531 Valley Auto Parts - Flush Truck Parts 240 31 .58
240 1 .95
16535 Marine Lumber - Misc. Bldg. Supplies12401
.00
3011 Unified .Sewerage Agency (753-7551) 4.00
2962 Aerial Mapping - January Services 26965' 15
7000.00
$35,865. 19
Federal Revenue Share
Check No.
2963 H & A Construction - Estimate #2 Shop Building (320) 10075.27
Bills,Presented For Payment - February 10, 1975 Page -3-
r
State' Tax Street - U. S. Naticnal Bank
Check No.
T6TT2- Travelers Ins. Grou - Employees Retire
(104) 68.01 (6085 54.02 122.03
16493 OAA Insurance - Payroll Withholding (619) 2.73
16494 Wash. Co. Fed. Cr. Union - Payroll Withholding (609) 53.00
16495 TEA - Payroll Withholding (604) 24.00
16496 Public Employees Retire Bd. - Social Security
(101 ) 194.10 (612) 194. 10 388.20
16498 U. S. National Bank - Federal W.H. Tax R14)
13) 463.80
16499 State of Oregon - State WH Tax 167.20
2956 Hanes Uniforms - Police Uniforms (28OP 4.00
2957 City of Portland - Paper Towels (220 9. 36
16524 Halray Auto Supply - Misc. Auto Parts (21OP 6.47
16535 Marine Lumber - Misc. Bldg. Supplies (240 14.45
16536 Dan Thomas Petroleum - Super Shell
(210P.2) 48.49 (21OP) 441 .90 490. 39
2958 Nine-T-Nine - Minor Auto Repairs 210 10.65
2959 PGE - Street Lighting Oct. , Nov. , Dec. 282 5871 .68
2960 Willamette Hi Grade. Concrete - Street Patching 220 84.95
2961 Accurate Locksmith & Safe Serv. - Lock Repair 210P) 8.00
2963 H & A Construction Co. - Steps Shop Bldg. 240) 436.00
2964 Valley Communication - Police Radio Maintenance
Contract MOP
1P 149.00
2965 Robert Wheeler - Uniform Allowance 77. 19
16539 Pargas - Equipment Rental
(210) 15.00 (210P) 5.00 20.00
$8,403. 10
Checks Written For Expenses $73,528.25