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City Council Packet - 12/23/1974 TIGARD CITY COUNCIL REGULAR MEETING DECEMBER 23y 1974, 7,30 P�M. FOWLER JR. HIGH SCHOOL` LECTURE'ROOM AGENDA. 1. CALL TO ORDER ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES, December 9, '1.974 5. WRITTEN COMMUNICATIONS (a) Betty Jack Resignation from Park Board 6. APPROVAL OF EXPENDITURES & INVESTMENTS, $67,783.14 - 7. MONTHLY REPORTS (a) Administration (b) Building (c) Finance (d) Library (e) Planning (f) Police i(g) -Public Services & Facilities 8. RESOLUTION No, 74-71 A RESOLUTION COMMENDING BETTY ,LACK FOR HER YEARS OF SELFLESS SERVICE TO THE TIGARD COMMUNITY AND EXPRESSING THE CITY COUNCIL°S APPRECIATION FOR SUCH SERVTCE. 9. RESOLUTION:No. 74- A RESOLUTION REGARDING BUILDING CODE ENFORCEMENT,IROCEDURFS �' RELATIVE TO FLOOD AND FLOODING CONS I.DERATIONS. 10. RESOLUTION No. 74m_ A RESOLUTION FOR MAKING APPLICATION FOR FLOOD `.NSURANC F FOR 'THE CITY OF TIGARD. 11. NPO #1 ZONE CHANGE - Request by the City of Tigard to cher.ge the zones c rta n properties Located within the boundaries of NPO Plan #1 fe- the Ash A,:-c. - Dca.::cwa area, This Plan affects the area bounded by Pacific Higlhw-iv, Halt B-ulevar•:+ 8^.(I McDonald Street. The purpose is to bring thezoning *nap for this. pertio the - City into conformance with the land use designations stipula�ed "o tt.e NPO as adopted by the City Council. on May 20, 1974. (a) Setting of Public Hearing 8,"00 P.M. January L3, 1975, 12, CONDITIONAL USE APPEAL By NPO #L members regarding Jrhn Setniker, 1S3_0 ° P. i r.'c Highway, Tax Map 2S1 2CB, Tax Lot 2000, Zoned C•--3, Gc ,rrjl Cotnmqr,iai . Appeal r,� Planning Commission approval to operate an automotive. :-F,3ir e=.ragv" (a) 8YUO P.M. Public Hearing - (b) Presentation of slides and facts by City Planner (c) Testimony by applicant and proponents (d) Testimony by opponents (e) Consideration by Council 13, ORDINANCE No. '744 AN ORDINANCE VACATING A DED.'',9TF0 ;G, -_�.'u 'b FOOT WIDE PUBLIC RIGHT-OF-WAY KNOWN AS S W4 v?^Y iTEEET :N THE CITE OP TIGARD,,WASHINGTON COUNTY,.OREGON. (a) Public Hearing 8o00 P.M. (b) Staff Recommendation 14. PATHFINDER SUBDIVISION - Authorize time extension for .orp! :ricr.. (a) Recommendation of Director of Public Servi`esF. 15. OTHER BUSINESS 16. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK A 17. - ADJOURNMENT p S J a PAGE 2 - COUNCIL AGENDA - DECEMBER 23, 1974 T I G A R D -C I T Y C 0 N' C L REGULAR MEETING DECEMBER 2 .. 1974, 7;.30 P.M. 1. ROLL CALL: Present. Mayor Floyd H. Bergmann; Councilmen John E. Cook, Alan Mickelson, J. Allan Paterson; Robert Adams, Chief of Police; Fred A. Anderson. Legal Counsel; Russel Austin,, Building Official; Richard Bolen, planning Director; Bruce P. Clark, City Administrator; Doris Hartio, City Recorder, Nick'Hiebert, Director of Public Services:& Facilities 2. APPROVAL OF'MINUTES: December 9, 1974 R (a) Approved as distributed 3. WRITTEN COMMUNICATIONS - (a) Betty Jack Resignation from Park Board City Administrator recommended'letter 'be received and ,filed. 4• APPROVAL OF EXPENDITURES'& INVESTMENTS. $67,783.14 (a) Motion to approve: Councilman Paterson; seconded by Councilman Cook. Approved by unanimous vote of Council present. S. ''MONTHLY REPORTS i (a) Motion to accept: Councilman Paterson; seconded by a Councilman Mickelson. Approved by unanimous vote of Council present, 6. ' RESOLUTION No. 74-71 A `RESOLUTION COMMENDING BETTY JACK` FOR HER YEARS OF SELFLESS SERVICE TO THE TIGARD COMMUNITY AND EXPRESSING THE CITY COUNCIL'S APPRECIATION FOR SUCH SERVICE. (a) Resolution was read in full,. (b) Motion to adopt: Councilman Cook; seconded by Ceunc.41man Paterson. Approved by unanimous vote of Council present Mrs. Jack was not present and Mayor Bergmann will deliver copy of resolution. 7. RESOLUTION No. 74-72 A RESOLUTION REGARDING BUILDING CODE ENFORCEMENT PROCEDURES RELATIVE TO FLOOD AND FLOODING CONSIDERATIONS. (a) Motion to approve: Councilman Cook; seconded by Councilman Paterson. Approved by unanimous vote of Council present. B. RESOLUTION No. 74-73 A RESOLUTION FOR MAKING APPLICATION FOR FLOOD INSURANCE FOR THE CITY OF T.IGARD. (a) Motion by Councilman Mickelson to adopt: seconded by Councilman Cook. Approved by unanimous vote of Council present. R. 9. NPO #1 ZONE CHANGE Request by the City of Tigard to change the zones on certain properties located within the boundaries of NPO Plan #1 for the Ash Avenue - Downtown area. This Plan'affects the area bounded by pacific Highway, Hall _Boulevard and McDonald Street. The purpose is to bring the -zoning mFp for this portion of the City into conformance with the land use designations stipulated on the NPO #1 Plan as adapted by ;the City Council on May 20, 1974. (a) Setting of Public Hearing 8:00 P.M., January 13, 1975 (b) Motion to set public hearing: Councilman Cook; seconded by Councilman_Mickelson. Approved by unanimous vote of Council present. , MEETING RECESSED AT 7:50 P.M. and reconvened at'8:00 P.M. 10. CONDITIONAL USE APPEAL -'By NPO #1 members regarding John Setniker, 13340 S.W. Pacific Highway, Tax Map 2S1 2CB,- Tax"Lot 2000, Zoned � . C-3,' General Commercial. 'Appeal of Planning Commission approval to operate an automotive'repair'garage. (a) 8:00 P.M. Public Hearing x Presentation of facts and staff findings by City Planner ° Testimony by propor,ants Karl Hanneman, 12120 S.W. 116th John Setniker, Applicant Max Clark, 10895 S.W. Park- Jess Mason, 6210 S.W. Erickson,' Beaverton, representing Fred Olson Duane Meyer, '13210 S.W. Watkins Wes-Heisey, 14245 S.W. 103rd 'Mr. McVicar, S.W. Bull Mt.'s Rd. -Bruce Hollister, '14380 S.W. 114th Mr. &`Mrs.'Bill Meyer, S.W. 150 Bruce Anderson, S.W. Gaarde St. Chuck Stearns, 13170 S.W. Grant Ave. Terry Houck, Attorney representing Mr. Setniker, 1200 Standard Plaza, Portland Wilbur Bishop, 10590 S.W. Cook Mr. Setniker submitted letter from former employee Testimony by Opponents Cliff Ashley Chairman of NPO #1 Don Feller member of NPO #1, 9765 S.W. Frewing Letter from LeRoy and Lucille Ellis, 13400 S.W. Pacific Hwy. Public Hearing Closed (b) Motion by Councilman Cook the appeal by NPO #1 be denied; seconded by Councilman Paterson. Testimony was discussed by staff and Council. Attorney _ Anderson summarized his memo to Council and stated in his opinion the question before Council is whether or not to grant the Conditional Use Permit and Council should make findings under the Fasano Guide Lines as to whether this use is in conformance with the plan as a basis for that action. (c) Councilman Cook moved to withdraw his motion and Councilman Paterson concurred. (d) Motion by Councilman Cook to approve the conditional use for the repair center with the findings that the need has been shown; Page 2 - COUNCIL MINUTES -.DECEMBER 23, 1974 there are similar uses presently in the neighborhood and that under the.zoning,lcgde it is now zoned C-3; motion seconded by Councilman Paterson, (e) "City"Planner requested Council considersomeconditions be placed on this use and recommended the following: Towing not be allowed from this location. There be no outside storage of vehicles on this property in a state of disrepair. Concern be shown for the residential building adjacent to this building. '' The lot be divided into two separate lots to include the proposed use and the residential use. The building be situated in such a way as to enable future use of the frontage road as proposed on the NPO Plan. The Design Review Board be empowered to alter the plan according to (1) .to protect the residential tlse ,to the 'south, (2) to make it possible for future use of the frontage road. and (3) to deal with any problems of screening, etc. with'the residential'use on the adjacent northern side. The recommendations with respect to conditions to be imposed A, were discussed';by Council and staff. (f) Councilman Cook moved to amend the motion with the consent of the second to add the following conditions: That wrecked vehicles not be stored on the site and that any ,other outside storage of vehicles should be screened. Motion as amended Use approved by; 3 - l majority vote of Council.` Roll'call.of vote as follows; Councilman Cook AYE; Councilman Mickelson, NAY; Councilman Paterson AYE; Mayor Bergmann 'AYE. 11. S.W. VARNS STREET VACATION (a) 8:00 P.M. Public Hearing No Testimony Public Hearing Closed ORDINANCE No. 74-58 AN ORDINANCE VACATING DEDICATED UNOPENED 50 FOOT WIDE PUBLIC RIGHT-OF-WAY KNOWN AS S.W. VARNS STREET IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. (b) Director of Public Services and Facilities recommended Council approve the ordinance with the stipulation the city reserve the public right-of-way for existing utilities. Attorney Anderson suggested Section 6 of ordinance be amended as follows....reserving to P.G.E. the right of continued use of the roadway to maintain its present power lines until same are removed at its descretion and are net to be affected by this ordinance. (c) Motion by Councilman Cook to adopt as amended; seconded by Councilman Paterson. Approved by unanimous vote of Council present. 12. PATHFINDER SUBDIVISION (a) Director of Public Services and Facilities requested Council authorize extension of time for completion of subdivision to July 1, 1975 and at that time review progress. COUNCIL MINUTES - DECEMBER 23, 1974 (b) Motion to Councilman Cook to approve: seconded by Councilman " Paterson. Approved by,unanimous vote of Council. 13. OTHER BUSINESS (a) City Administrator introduced to Council new Associate Planner, Gerald Powell. x (b) Mayor Bergmann read statement expressing his appreciation to Council, staff and citizens for their cooperation and support during his term ofoffice. 14. ADJOURNMENT: 9:30 P.M. City Recorder E ATTEST: Mayor PAGE 4 - COUNCIL MINUTES - DECEMBER 23, 1974 Bills Presented .for Payment December 23, 1974 General Fund U. S. National Bank Check No 16204 Carl Buttke, Engr. NPO Traffic Circul. analysis (14) 561.2.3 16205 Nick Hiebert travel expense (19) 2.40 16206 FBI Nat'l Academy dues (16) 9.00 16207 NineT-Nine - towing charge (16) 27.30 16208 State of Oregon -' license suspensions (11) 70.00 x 16209 Oregon Assoc. Chief Police membership (16) 25.0 16210 Don Thomas Petroleum - super Shell (12) 23.53 (19) 27.44 50.97 16211 Roger Thomssen - recording 16212 Underwriters Lab. subscription (13) 2.00 16213 The Wiring Shop - 'light fixture replaced (16) 48.99 16214 The Wisdom Tree - 10 cassette talk books (15) 75.00 16215 Xerox - equipment rental (10) 27,33 (13) ii_a6 (16) 110,64' (ll) 3.80 (�4) '31.49 (19) [ x,03 (12) 37.99 (15) 1.00 (21) 13.24 ?77>3, 16216 Feenaughty Machinery - pressurizer unit -sweeper (210) 1;23,00 16217 Beaverton Printing, - gas tags (13) 16218 General Telephone - utilities (15) 25,36 (16) 1;02.07 (18) 268.:63 (20) 25.09 721.15 16219 Anderson-Dittman-,'nderson - November billing (11) 208.50 (18) 893.00' ,l_n1 .9 1625 League of Ore-on Cities - s=alary continuation (10) 1.11. (15) 6.00 Z19) 7.65 (12) 12.16 (16) 93,78 (?,_) ?2,F'1 (13) 1/4.98 (16.2) 18.53 (14) 8.39 (1-6-3) 6.30 162 r6 Tigard Employees Assoc - union dues (604) 12 (K) _ 16258 Addressrgraph--Multigraph - hand cleaner (18) ?7_05 16259 petty cash - _lunches & mise. office supplies (10) 5.00 (12) 4.n0 (14) 11.80 (15) 10.05 (16) 12 .97 (1.8 9.50 (19) 1..60 (20) 10.00 (21) 15.40- 801 16260 Portland General Electric utilities (15) 16,55 (16) 43,24 (l8) 80.97 (20) 17.'u 108.0 16261 Tualatin Develoxsment Co. - refund bldg, permit (726) ,`oz 00 16._62 Valley Petroleum & 'r;'eld Sun. --- oxygen & acetylene, r ?882 Title Ins. Co. - title & recording; fee - Cr;ok Pero (1.7.?) 2883 Dept. of Revenue & Taxation - takes - .�'ashinv-.ton Ct.y 1972-73 (1.7,2) _,,.5,�7 288l4 at rr r n 1973-74 (17.2) 2886 rr rr rr 1974-•75 7.l:r 2887 Donald & Julia Pollock - purchase Coon Park -- B(�R Grant (17.2) 18,029.�� ' 2888 John L. Bilver - purchase Cook Park - BOR Grant (17.2) 7,351,73 2889 Howard & Margaret Gass n IT It it if (17.2) 12,£396.0', 2890 Jacqueline F. Bejles it IT IT it it (1.7.2) 3,681.63 16263 League of Oreon Cities - Blue Cross (10) 100.98 R12) 1.78 15) 14.21 (16) 351.16 (1.6.2) 14.21 B) 47.55 (21) 10.65 -)40 5.' 16266 Anthony Pelay - judge (11_) 47' oc, 1.6267 Otto Sorg - library rent (1.5) 1.70.''^ (151) 16268 League of Ore on Cities - insurance (70) 1.72 (12) 62 _ (13) 1.10 M) 1.10 15� ,55 '_6) .80 (16.2) 1.65 (16,3) .55 (18) .55 � 53 19, ,55 "1_) .96 18.1.5 16269 John Hagman - travel expense (19) 10.10 16270 Fred Meyer - greenhouse materials 17) 7.98 Page 2 bills ,Pr en't;ed .for payment Check No. 16271 N'? Law Enforce. C7Lli }, i4nrrer print ink } rol.ler (!6) 7 16272 p3C1f3C 'Machine ' 3Tt 2) Trs ,h .te Clipper (17) l f r. 16273 Portland, Community College registration Austin & Brien - bldg. ode; schoo:? 1.6274 Portland G nral P,_ectric utility 61-4 16275 ti_gard. Lumber Co. - tools & cesspool parts (20) 16. i`._ 1.6264 League of Oregon Cities ua i_ser ('1.') 5 43 0 7 � -Lr {ar 14`) 0,60 �4 i;.21 i } 1 ` ( 7 (_ 6) 248. 0 (1 70.69 (_6.3, (1.9) 552.43 ('21) 52,43 704,z'6 State Tax Street - U.'�" National Bank 16210 Don Thomas Petroleum -- super Shell (?10) 50.27 (210P) 520.17 (210P,2) 37.09 607,57) 16259; petty cash - automotive repairs (240 16260 Portland General Electric - utilities (26,0) 7-,79 2891 Communication Service - repair radar (291P) 36.09- 2892 Winters Steel - pipe for sign installation (22.0) -3.5"') 2893 Ion's Petroleum - super Shell (220) 7.02 (21:Oi .2) 3x4.24 (plop) 191.80 2�� 06 2895 A-Boy West - P.`•Y. shop drain (240) 2 9. Ya 2896 Canyon Chrysler Plymough - autcmoti:ve repair (. 10P;' 111_,00 2.897 Case Pourer & Equip. >- backhoe parts (240) 97-55 2,998 Union Oil `- drum oil (21Op` 109. 2899 Xerox - rental (2020 16255 League of Oregon Cities - salary continuation (105) 7>2,07 16256 Tigard Employees Assoc. - union dues (601 } 21.,00 16263 League of Oregon Cities Blue Cross 103) 61_,76 16264 fr it n 11 - Kaiser �10 3 1 124.894 16268 if :' it it - Insurance (106) 2.75 2907 Nine-T-Nine - maintenance vehicles (210p) :1.0.20 2908 Moody Froom Tire Co, - tires 10"ID '13.25 19 s}85.c'ti Bancroft Assessment Fund 2879 First Nat'l. Bank - bonds (5) 2,000.00 2906 U.S. Nat'l. Bank - coupons (5) 1.L�3,75 ?,l 3.75 Federal Revenue Share 16259 petty cash - purchase property easement (390) 1.00 2894 Balsiger, Peterson, Shewbridge - shop storage bld7. 320} 484.50 (320 2909 Tigard Sand & Gravel - rock ) 39.75 2910 Harris McMonagle & Assoc - storm drain - Hall Blvd, & Knoll Drive (390) 177.00 702,25 Page 3 bills pY ented for payment` Check No. General Obligation Fund 2.880 First Nat'l Bank - bonds 2881 U.S, Nat'l. Bank interest (860)( 11,000.00 2885 First Nat'l. Bank - interest (8615 822.50 (861) 192.50 1?7")1G.75o Sewer Fund - U. S. A7ational Bank 16255 League of Oregon Cities - salary continuation (105) 26.28 16256 Tigard Employees Assoc. - union 'dues (604) 24.00 16263 League of Oregon Cities - Blue Cross 16264er rr - Kaiser (103) 84.99 16268 rr �r rr rr 103 123.12 - Insurance 106) 2.75 2991 First Nat'l. 'Bank - sinking fund 2992 Ins. Assoc. ,, Inc. - annualbond public off. 541) 356. 4 & Hartig (?_98) 38 .00 16258 Addressograph Multigraph -- ribbons 8 (201.) 8.50 1,01 X058 Checks written for expense $67,783.14 I To: City Council From: City Administrator � • Subject: Monthly Report - December Personnel Associate Planner - Mr. 'Jerry Powell has been hired to fill this position. Jerry has most recently worked for the City - of Portland with prior experience with the 'Clark County Reegional Planning Commission. Jerry began work on December2 . ' Clerk Typist II - Mrs. Florence Jones, who has been functioning as Court Clerk until November 25 when she went on maternity leave, has resigned:'from' City employ in order to be able to be with the new baby. Her services will be missed. Recruit- ment'will commence ;after the first of the year. Dispatcher - Diane Lindsey has been hired as of December lO to fill the last vacancy in this classification. Clerk/Specialist - Laurie Driver, who has been with the depart- ment for approximately two years, has submitted her resignation ' which was effectiveDecember 1`4. Laurie 's plans are to move to Hawaii where she will be married. Park Board - Betty Jack has submitted her resignation from the Park Board. You will note a resolution honoring Betty has been :placed on the agenda. Work Program and Budget Status Projections for the 2nd half of the fiscal year will be brought to Council in January. These items might well be subject matter of a special council meeting. Cook Park Acquisition - Fred has completed this transaction and title is now vested in the City. A B. 0. R. reimbursement request is being prepared. C.R.A.G. -CRAG is in the process of re-organization in order to more effectively provide a service to local government. As part of this process, all standing committees have been abolished and two technical advisory committees created; one for transportation related matters and one for all other matters called the Community Development Tech- nical Advisory Committee. I have been appointed by the Board of Directors to represent Washington County Cities on this Committee. It is felt that this committee will play a strong role in the CRAG process and membership thereon provides Tigard with an effective voice in this area. 72nd Street - We have been presented with a petition signed by almost all of the businesses on 72nd and on Sandburg requesting the creation of an L.I.D. to improve 72nd. The matter is compounded by the fact that 72nd is a County jurisdiction road. Also, there appears to be Page 2 —Monthly Report December, 1974 a good chance that this road can be improved under the F.A.U. (Federal Aid - Urban) system of state and federal financing which would reduce local 'costs' to 11% of project total. These considerations are presently being explored with the state;`and `the county with m C.R.A.G. !s assistance. Miscellaneous The Park Board considered the proposed park' site :'in N'.P.O.#2 at their December 17th meeting and Came to some tentative conclusions. Prior to responding to the Council, however, the Park Board plans to meet with `N.P.O. #2 to discuss :the matter further. ` Contact with the owner of the property on the very sharp corner' of Tiedeman between Walnut and the Fanno Creek bridge has been made in an effort to find a way to "flatten" out the curve to make it more safe. The response was rather hostile. This matter should also be discussed at a` future study session. In summary, the activities of the ,past' month have focused to a great extent upon internal activities in ;preparation for the up- coming budget and union negotiations processes as well as to attain necessary program planning and evaluation information. Please refer to departmental reports for further information of all the past month's activities. R MERRY CHRISTMAS! MONTHLY REPORT November 1974 TO: City Council FROM: Building Department DATE: December 20, 1974 SUBJECT: ' Monthly Report In the month of November the Building department issued 14 building permits as follows: 4 single family, 1 alter and; repair of single family,, 4 alter and repair of commercial, 2" miscellaneous, 2 demolitions'and 1> house moving for a total valuation of $164,280. 00. Fees for the 14 permits $ 892.50 Fees for 8 sign permits 80.00 Fees for 10 plumbing permits, 293.60 Fees for 3 mechanical permits 31.00 Fees for 32 business licenses i,i94.10 King City Activity One permit issued for alter and repair of single family for a valuation of $1,000 and a fee of $10. One sign permit was issued for a fee of $10 FINANCIAL STATEMENT REVENUES Date November, 1974 GENERAL FUND 1974/75 CURRENT YEAR ,TO BUDGET_ MONTH DATE Cash on Hand 7/1/74 129,392.132,008. �� 701 Property Tax-Current ,114 27,815 188� 27,815 t'. 702 Property Tax-Prior Years 9,295. 914 16.089 703 Land Sales & Advance Taxes 100. 704 Trailer Sales Tax 100: REVENUE FROM OTHER'AGENCIES 712 Cigarette Tax 25,745. 713 Liquor Tax 6,619 12,434 717 State Subvention - BOR 64,410. 19296 34,129 717 State Subvention - PEP 39,695 718County Subvention -'USA 1,817.' .,794, 718A County Subvention - "RIDE 27,440. 27,L41 718B Count; Subvention -, LEAA 19,528. 7+,678' '716 State Subvention - Library 9--yOO.0- 2,4 '716 075 LICENSES & PERMITS 721 Business 32,000. 722 Liquor1,194 26,100 723 Bicycle 200. 20 724 Plumbing & Heating 200. 1 54_ 726 Building 12,400. 32F 3,204 727 Moving 64,000. Fasi 6,96 728 Street Openings 50. 5 10 729 Sign 250. 500. 90 275 FINES & FORFEITURES 731 & 734 Court & Indigent Defendants Def. 45,000. 3,096 13,79 USE OF MONEY & PROPERTY 742 Telephone Pay Booth 35. 743 Interest 5,000. , i"9 0 L�,X01 CHARGES FOR CURRENT SERVICES 750.10 Street Sweeping 1,440. 360 750.20 Subdivision Application Fee 840 750.30 Subdivision Lighting Revenue 2: 100: 50 355 751 Zoning Adjustments '970' 2,669 [4'038 751.1 Special Police Service 1,600. 150 1,X25 751.2 Special Inspection Service 2,045. , 2,045. 77755552 Document Sales 75b 1,200. 60 �3, P. W. Construction Fees 4,500. Lien Check 0 2_,561 _0_ 78 1974/75 CURRENT YEAR TO BUDGET MONTH Dom_ 757 Sale of Street Signs ` 758 Library Fines & Fees 400. 2,500. 17� 6r) FRANCHISE REVENUE 71` 761 P.G.E. 762 N.W. Natural Gas 42,570. y ��_ �� 763 General Telephone 15,390. r 764Garbage 23628. c' i � ? 766 Taxi 6,000. 150 1,403 _},')14 767 Pacific Northwest Bell 60' 0 60 125. • NON-REVENUE RECEIPTS 771 Sale of City Property` 775 Unclaimed Property Sale 5,600. 776 Donation - Library 100. .776.1 Donation - Library Building 1,000. 46R 463000. 777 Park Development & Maintenance 0 1550. /c RECOVERED EXPENDITURES 78g Unbonded Assessment 783 Admin. 'Sewer & Road 4,000. 0 785 Gas Tax Refund -0- r 7872 Nuisance Abatement ,100. 787.1 Demolition of Building; 50. 0 , 72 788 Other 500. 7,415._ 7 788E St. Improvement - 'SW 115th 78.5 788A School Dist. Vehicle Maintenance 74,000. 786 Reimburse Voter Re -O_ Registration 0 TOTAL GENERAL FUND 822,953, SEWER R FUND Available Cash 7/1/74 204,945. USE OF MONEY & PROPERTY 217'780 743 Interest 747 OEA & Others ,(New Project) 1,000. 71n�5 744 Interest on Unbonded Assessments 66,000. CHARGES FOR CURRENT SERVICE 753 Sewer Connection Fee 754 Monthly Sewer Service 15,045, 420 6,46r 755 Sewer Permit & Inspection 42,601. 2_,712 19,608 3,750. 60 1,311 Page 2 - Financial Statement REVENUES - Date 11/74 1974/75 CURRENT YEAR TO BUDGET MONTH DATA; ' RECOVERED EXPENDITURES 788 Other 5. 789 Unbonded Assessment 200. 17. TOTAL SEWER FUND 333,546. 3,19?_ 2,521.99 STATE TAX STREED FUND Available Cash 7/1/74 75,071. 75,071 REVENUE FROM OTHER AGENCIES 711 State Gas Tax 148,295. 91,848 USE OF MONEY & 'PROPERTY 788 Other 5. 743 Interest 1,400. 219 TOTAL STATE TAX STREET FUND 224,771. 7.69,111 ROAD FUND Available Cash 7/1/74 618. 678 714 County Road Tax 500. 90 743 Interest 1. TOTAL ROAD FUND 11119. 708 FEDERAL REVENUE SHARING FUND Available Cash 7/1/74 83,454. 92, 306 715 Federal Subventions 71,484. 38,047 743 Interest 2,500. 0 72,966 TOTAL FED. REVENUE SHARING FUND 157,438. 0 133,819 BANCROFT BONDS #3,4,5,6,7,8,8 Unappropriated cash balance Assessments 41,000. 7653 113,214 _, Interest 14,389. ago 8,309 USE OF MONEY 2,736 743" Interest on Investments ' 1,000. � X644 TOTAL BANCROFT BONDS 56,389. 2,043 127,904 Page 3 - Financial Statement -REVENUES - Date 11/74 1974/75 CURRENT YEAR TO BUDGET MONTH DATE GENERAL OBLIGATION BONDS Available Cash 7/1/74 4,108, 9 17, 44 Cash from USA 26,135. 12,015 23,774 743 Interest on Investments 510, - 606 TOTAL OBLIGATION BONDS 30,753. 12,015 41,524 TOTAL BUDGET $1,626,969. Page 4 - Financial Statement - REVENUES - Date 11/74 q FINANCIAL STATEMENT EXPENDITURES GENERAL FUND 1974-75 Mo. November +7h Year To Budget Current Month Date Mayor & Council 13,251. Municipal Court 516.79 3,395.0; Administration 25,061. 1,393.72, 7,783.01 Building Dept. 32,814. 2,020.40 11,955.69 Planning"& Zoning 39,882. ?_,907.8?_ 14,378.53 Library (,Includes Library Grant) 26,372. 2,104.91 14,472.94' Police ,723. -,375 38 8 434.44 Parks & Recreation 347,349. 23,511.61 1_317,342.19 Non-Departmental 71,806. 10/+,-62 19563,53 Engineering 59,296. 7,365.70 24,216:60 Street Operation & Maint. 25,017. 1,495,35 7,253.58 Finance 78,208. 188:51 62P309.44 Contingency 29,277. ?,210.00 11,?93.55' 23,897. Total General Fund 822,953• 46 194.81 , SEWERAGE DISPOSAL FUND _04,398.58 Operation & Maintenance 257 698. LL Replacement & Expansion 71,284. 15,795.92 63,047.99 Contingency 4,564. 14,564.6o 19,639.67 Total Sewer Fund 333,546. ` 687.66 STATE TAX STREET FUND 30,360._52 87' Operation & Maintenance 224,332. Contingency 439. 6,408.25 98,541 .89 State Tax Street - Police 5 3 . Total State Tax St. 2 , 17116. '3 5. 3 9:5 7.03 =6,408.25 98,541.89 ROAD FUND Operation & Maintenance Contingency 1,068. 0 SPECIAL ASSESSMENT 51. 0 DEBT FUND - Bancroft Bonds 56,389. 2 4,5,6,7,8,9 2,2.77.25 16,649.09 GENERAL DEBT FUND General Obligation Bonds 30,753• FEDERAL REVENUE SHARING 11,409.18 - 157,438. 13,084.89 21,382.89 TOTAL BUDGET $1,626,969. 99,691.15 549,636.32 1 F w o w z .0 m CQ • �r irr els .ir � .ir '� '� c� `�' 0• O O O O i:. O O 0 N O m 0 :0 O O O • O O OCO O 1 1co _ y, ur yr els � y. �r of •n :ur .. ... - E+,H W D` 1 Ill t 1 M �'1 1 t0 al - 'F O .O M J M ul O N M O Vl 00 a N T O a0 O C! M �O r .p W NO O O O M O O M M 1 W W N O r 1 1 00 M W <0 m a0 r "1 J r Ill J O N 00 O r Gp a` M Irl O O r W S O. r J � N N �. CQ N Co C r•-7 m N •� O to -•# H n C H H nom- El v N m m w E v x ro o ro w w U rs. cti w V U v U F Library ,eport for :November 1974 November was a busy month and ,ve racked ull the fines to y0.38 Which is an all time high. :;e�,, cards e_,tu:aled '87,50. Tne total amount of books checked out was4,312 of which 3,041 were adult, and 1,271 were children's. '.'))tory hour was s"ta_•ted on Thursday mornings using: 4 different story tellers and 4 different assistants- all volunteers. Of these, two are ex-kindergarten teachers vrno nave now set the example for the .;thers'. ,t first it rias an long, but that was too much for three year olds. Then +�;e set-2- 1/2 hour programs but that was too short. Now we have settled on one 45minute session. This seems to be just ri.-ht for`both mother and cni.ld and the teac,iers_like it better also. Mrs. Dalton', the;librar..: consultant came .to town for the three days before, Thanksgiving. Durinf; that time we went to 4 SIG classes at the High School, Cs2, '.lops, Fowler Jr Hit<h and Tigard High School Libraries, 4 coffees in private hernes, Sherwood Library and Administrator, Ti,;ard :'.dministrator, the Tigard Mayor and the Mayor-:elect, and one public meeting in ual-tin. She also spent some time talking, to people within thr, library itself. She received much favorable information concerning the use of libraries, lack of facilities and the desires of the people of th�_: community. Her resort (first draft) will be ready the end of January or the first cf 'ebruary. During November I also gays a lecture to the library classes at Portland Jommunity dollege, and we also had a visitation from the Cub Scouts. The ?Friends of the Library held their 2nd Authors .Nair, unfortunately on the first day of bad rainy heather so it was not as suceessful as the previous one. We had to helpers from the misdemeanor program so our inventory is just about done. Oub Manpower re-trainee's program was ended also- but she finished her assi.,nment before she left. To: City Council From: Planning Department Subject: Monthly Report - December, 1974 For the month ,of December the Plannin- Commission and Design Review Board considered the following: Zone Changes 1 Zoning Ordinance Amendments 1 Site Development Plans`' °1 In that there were no applications for rezoning,in the month of December ;by property owners, the Planning Commission used this opportunity to finalize their desired work program for the remain- der of the year. As you recall, the Planning Commission developed a work program for the 73-74 fiscal year and all but one or two of the items were completed. Therefore, at the December 3 Planning Commission meeting the Commission developed a list ofprojects they would like to see completed within the year and assigned separate members of the Commission as having primary responsibility in seeing that these pro- jects are completed. On the top of this list of; projects is looking into the 'land'use aspects of a civic center location. ; Also included` were a visual impact analysis of Pacific Highway; The Commission i decided that the rezoning of N.P.O. #1 should begin and scheduled December 17 as the hearing date for this proposal. This hearing was 'held and as a result the Commission is proposing ;the rezoning of certain parcels within the boundaries :of N.P.0.31 which will be on the City `Council 's' January agendas Neighborhood Planning The N.P.O. #3 group has been formed by election and held their first meeting on December 11. This first meeting was organizational in nature. The City Planner described the task of the committee and gave them materials which included a summary of the work program as well as a detailed discussion of the first step in this process. The next meeting is scheduled for December 19 and at that time the committee will begin its work toward listing the existing and future problems affecting the neighborhood preparatory to developing a land use plan. Concurrently with the work of the N.P.O. , the planning staff has been working with Carl Buttke toward developing the traffic segment of the N.P.O. #3 plan. Nearly all of the traffic data has been collected 5 and Mr. Buttke is now working on projecting future traffic volumes. _ It is notable that on this third N.P.O. we are making the traffic analysis much sooner in the planning process and this should prove to be of value to the N.P.O. having this data at such an early stage. Projects Behind Schedule 1. Last month the N.P.O. #1 rezoning was listed as a project Y behind schedule. This has been corrected by the Planning Commission hearing of December-17, '1974. 2. The rezoning of annexed areas stillcarryingcounty zoning remains behind 7chedule. 3. The departmental work program has not been finalized, but as a result of the December 3rd meeting it;is nearly ,there. 4. Downtown beautification - Dick Bolen and Lynn Wakem are working together on 4 alternate plans which they plan on presenting to the REPAC Committee during;the month of January. i PD Staff/monthly report- page 2 - December, 1974 December 19, 1974 MEMORANDUM To: City Council From: Director of Public Services and Facilities Subject: Monthly Re,,-ort ENGINEEnING: This past month the division has spent most of its manhours preparing'` - and processing legal and administrative documents for various street, sewer and development (residential and commercial)_projects, most notably -' Hunziker Street, 115th Street, Murdock Street Sewer, Englewood Subdivision, 'Summerfield 'Subdivision, Farmers Insurance, City Shop Addition and Jack Park Irrigation. STREET SECTION: Considerable time was spent this past month on miscellaneous drainage problems. Crews installed a storm line and two inlets on S.W. Johnson Street, completed storm system from Burnham Street to and through shop yard and cleaned 'several nuisance areas. ' Routine patching street repair, and sign maintenance also Was accomplished. PARK SECTION: Limi'--ted time was spent this ,past month in the park system. Some- time was spent cleaning;and trimming plant areas. It worth noting that Mrs. Mary Woodward donated 1,000 seedling fir trees. - These trees`will 'be planted by school students as time permits. SEWER SECTION: Routine checking and maintenance was the only work performed this past month, MAINTENANCE SECTION: Major work this past month consisted of: major rebuilding of line paint machine, checkout and recondition brush chipper, water pumps and rotatiller. 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(p U (m3 US C7.W cn F-_1 CO cn S2xmi-E-m(nHx I-C) MEMORANDUM December 20, 1974 TO: City Administrator FROM: Chief of Police SUBJECT: November Monthly Report Summary r Sir: Attached is a brief report of the activities of the Tigard Police Department for the month of November, 1974. Respectfully submitted, R.B. Adams Chief of Police RBA:ac C POLICE DEPARTMENT CONSOLIDATED MONTHLY REPORT FOR MONTH OF NOVEMBER 19 74 DISTRIBUTION OF PERSONNEL AVERAGE NUMERICAL STRENGTH " -DAILY ABSENCE' AVERAGE EF_FEC_P_T_VE_&' RRENG_i_H_ End of Same This _ Same I This Last Same this Month rionth Month Month Mon ch Month' Month Last Last Last : Year I Year Year TOTAL PERSONNEL 20 24 ( 6.9 10,0;- 13.1 12.5 C 14.0 _ CHIEF'S OFFICE 2 2 II .9 1.1 _ 1.1 A 1.4 .9 SERVICES DIVIS. .4 6 1.3 2.7 ; 2.6 4.1 PATROL DIVISION 8 11 ^----f�2.9__T_ 5.2 I 5.1 4,6 5.8 TRAFFIC DIVIS. 3 3 -�r-- .9 1.2 2.1 1.8 1.8 _-- ------3----- --- INVEST. SECTION 3 2 �� 1,0 _ 6 i_ 2.0 2.2 1.4r FORCE' ONE 7EE 12 _3_.05� 6.0 6.5� _6_.7 FORCE TWO 7 2.4_ 3,2 3.6 3.1 ---- --- --- FORCE THREE 5 - 1.6 _L 5- ._ 3.4_��2.9 --_=3.5 --__-_- CHANGES IN PERSONNEL DAILY•AVER4GE PATROL STRENGTH 1. Present for duty end of last month 21 - -�� This Same Month 2. Recruited during month 0Month _ Last-Year _ 3. Reinstated during month 0 1. Total number field officers 11 14 Total to account for 21 -- 2. Less Agents Assig- 4. Separations from the service: ned to Investigat. 0 0 (a) Voluntary resignation 1 3. Average daily abs- (b) Retirement 0 ences of field off- icers owing to: (c) Resigned with charges pending 0 (a) Vacation sus p- (d) Dropped during probation 0 ension, days off, COMP. time, etc. 3.6 4.2 4 (e) Dismissed for cau§e 0 (b) Sick & Injured (f) Killed in line of duty 0 (c) Schools, etc. (g) Deceased 0 Total average daily absences 3.8 6.4 Total separations 1 4. Available for duty 7,2 7.6 --- 5. Present for duty at end of month 20 _ ------ f - CRIMINAL ACTIVITY ' NOVEMBER', 1974 THIS SA E MU[vTH TOTAL TOTAL --� Offenses MONTHy LAST YEAR ! THIS YEAR - j _LAST YEAR CLASS I —� 61�— _1--- g --- ------ ' CLASS' II — I 79 ----47 _ __722 ----- MISC, NON-CRIMINAL _ I --__347 284 14L�__.__ Cases Cleared by Arrest CLASS I 77I _ 12 _ I _Z15 _I 133 I CLASS 1 1 32 _- i 18 INVESTIGATIVE D ViSlON CASES RECEIVED ( 110- _-,- i �78 CASES CLEARED 27 _13 1 306 186 # CASES SUSPENDED 34, 50 —___474 _ 357 # CASES 'ASSIGNED 37' �- 39 I -485------i 320 ---� PROPERTY PROPERTY LOSS I 11x457.46 j i2y777 01��_ I64„3Z1 50_ J_163456 _ _ _ - -- PROPERTY RECOVERED _____J__3,609.95 1012?61 1 50,699 TRAFFIC & ACCIDENT ACTIVITY _ ;ACCIDENTS ` 31 � _____ � 28 248 ! 196�_— )INJURIES -��7 � I 20 70 F CITATIONS ISSUED 1 143 i 192 M 2 140 ___�2 870__-_---- VEHICLE OPERATION M. TOTAL MILEAGE I5 987�_�L_ 14935______ I•—_165�788_� —h6L� ------ LOST PER MILE 7.3� ---7'x3�s� ���s ___--�6ah6�_----� PATROL DIVISION TOTAL HOUR1,738.0 S 2,O1i.220s184.8A (OBLIGATED_ HOURS 911.2 _ 11019e1__ e_10,291.5 __ A IOy766Q0_____� NON-OBLIGALED HOURS 826 8 992.1 i9,897.3 _ 11.065.7�_J SERVICES DIVISION TOTAL HOURS 6_3_2.0 _971.3_ _1--9x265_5 e i 9,526_1_—� _ e_ 00 TOTAL DISPATCH HOURS 21_9.3 _ 3_30_9 �— 2,8_5_6._7_ TOTAL TELETYPE HOURS 66.1 X47.8 1 817.6 1 677.0 534.1 5 CLERICAL DUTIES HOURS 323.1 7 ,042.8 I 4s549.8�_ November Summary Page 3 CRIMINAL ACTIVITY Part I Offenses a There were 61 Part I offenses during the month of November, whereas we had 49 this same month last year. 'There were 10 arrests this month; 9 arrests ' lust year. Major concern is larcenies, as 31 offenses were reported. 3 arrests were made in this area, l adult and 2 juveniles. Last year '25 larcenies were reported, with 4 arrests, 3 adults and l juvenile. Burglaries were about the same as last year, as 16 offenses were reported this month, and 15 offenses were reported last year this same time period. There were 4 'arrests in this area in November, all juveniles; and,last year during November there were 3 arrests made in this area, again, all being juveniles. This month there were 6 auto thefts, as compared to 6 last year. There were no arrests this month; however, there were 2' arrests last year for this offense, both juveniles. 3 offenses of assault were noted, as compared to 2 last year during Novem- ber. l offender was. arrested this month, l adult. No.:one was arrested` last year for this same time period. Monetary Loss _ Monetary loss for this month was $11,457.46, which is comparable to previous months. Recovered property amounted to $3,609.95 this month. Last year during November the monetary loss amounted to $12,777.01, with $10,121.61 being recovered. Part II Offenses 79 Part Il offenses were reported this month, as compared to 47 offenses last year. Out of those 79 cases, 32 arrests were made, 8 juveniles and 24 adults. This same time period last year showed 29 arrests; 8 juveniles and 21 adults. As in previous months, the major crime areas of concern are criminal mischief, driving under the influence (DUIIL), and harassment. There were 29 criminal mischief offenses, with no one being arrested for this crime. There were 12 driving under the influence of liquor offenses, and all 12 offenders were arrested. They were all adults. November Summary Page 4 10 offenses of harassment was reported this month of November, and 3 persons were arrested, all being adults. Runaway juveniles accounted for' 1 offense, and 1-juvenile was arrested. In the "All Other" offenses, there were 12 crimes reported, with 9` offenders being arrested, -6 adults and 3 juveniles. This month in the criminal activity in drugs area, we had 3 offenses reported, with' 4 arrests, 3 adults and 1 juvenile; --------------- Ther comparison of cases cleared by arrest in both classes (Part I and Part II) is as follows: PART I # OFFENSES ARRESTS % CLEARED 1974 61 7 11.5% 1973 49 12 24.5% PART II 1974 79 32 40,5% 1973 47 18 38.3% TRAFFIC AND ACCIDENT ACTIVITY 31 accidents this month showed an increase from November of last year, as 28 accidents were reported at that time. The causative factors are the same as usual, being failure to exercise control and failure to yield the right of way. The area of main concern is the area of Fred Meyers and Villa Ridge, as 4 of the total accidents occurred there. Also, in addition in the area of 99W from 69th to 87th, another 2 accidents occurred; and on 99W and Hall Blvd. there were 4 more accidents. There were 7 personal injuries this month, which was a big decrease from - last year, as there were 20 at that time. Citations During the month of November, 143 citations were issued, whereas 192 were issued last year during this same time period. The enforcement this month l MAM November Summary Page 5 reflects 96 hazardous violations; ,47 non-hazardous; and 12 driving under the influence arrests'. - Lastyear 's this same month there were 133 hazardous violations; 59 non-hazardous; and 11 DUIIL arrests. VEHICLE OPERATION At a-cost of $1,169.87, or 7.31G per mile, the police vehicles were driven a total of 15,987 miles during the month of"November. In November of 1973the vehicles were driven a total of 14,935 miles,` at a cost of $1,097.17, or 7.340 per mile. 3 The police:units were driven 1,052 miles more this month than they were driven during November of last year. PATROL DIVISION ACTIVITIES 1,738.0 hours were spent in patrol activities,by the Patrol Division this month. Obligated call' constituted 911.2 hours of this time; 826.8 hours ' were;spent°in non-obligated time, ;which was devoted' to preventative activities'. Patrol Division issued 143 traffic citations; 30 parking citations; 177 traffic warnings; '47 arrests; 127 suspicious persons;' and 181 suspicious vehicles`. No open windows or open doors were discovered by this division during their prevention activities. A total of 347 items were identified as being part of the patrol division responsibility in the area of preven- tion. INVESTIGATION DIVISION The Investigative Division received 110 cases for additional investigation in November. 34 of these cases were suspended; 27 cases were cleared; 5 warrants were issued; 5 were presented for warrants; and 3 were heard in court. 18 cases were assigned to the Patrol Division. The investigator spent 399 hours doing investigation this month. 166 hours were spent in the office; 1552 hours in the field; 78 overtime hours; and 20 hours in court; plus no hours spent in training. SERVICES DIVISION Personnel in the Services Division spent a total of 632 hours during the month of November performing the duties of this division. 219.3 hours . tr November Summary Page 6 hours were devoted to dispatch duties; 66.1 hours were spent on teletype operation; and 323.1hours were spent in clerical` duties. ADDITIONAL INFORMATION News Releases: There was '1 article released to the news media during the month of November, which was concerned with a training class on new life saving equipment and techniques for police personnel. Community Relations: 4 members of the Police Department attended the monthly Tigard Citizens-Police ;Community Relations Council meeting held at Fleming's 'on 11-13-74, totaling 8-man hours. School Programs: Officer Chuck`Martin spent 3 hours total with the principals of various schools in order to plan and prepare school programs. CE-2 Program: CE-2 students spent a'`total of 12 hours this month at the police department, exploring the law enforcement field by riding with patrol personnel, and observing the dispatch area. Explorer Post: Meetings were held in November by the Explorer Post, totaling 4� hours. Explorer Post business and training were topics discussed. SCHOOLS AND TRAINING Cardio-Pulmonary Resusciation: On 11-2-74' 15 personnel from the Police Department attended a class at the Community Center on new life saving techniques and equipment. The class lasted 8 hours, and was instructed by Officer Don Myers of the Tigard Police Department. Equipment, films and aids supplied by the Oregon Heart Association were utilized in this instruction. Robbery/Burglary Seminar: On 11-19-74 the Chief and Ed Johns from the Washington County Burglary Unit attended a robbery/burglary seminar at the General Motors Training Center. This seminar was sponsored by the Washington County Chamber of Commerce, and lasted for 3 hours total. 20 adults attended this class. S: mill im IL-41 MIN December 19, 1974 MEMO TO; City Council and Planning;Department City of Tigard FROM: Anderson, Dittman 5 Anderson SUBJECT: EFFECT OF COMPREHENSIVE PLAN UPON ISSUANCE OF CONDITIONAL USE 'PERMIT • On the docket for the Doce,L7er 23, 1974, Council Meet n, is a scheduled hearing with respect to the appeal of the grant- iilg of a conditional use permit to Joan Setniker by tile Plar.nin.; Commission for the development of property now classified under the City's Zoning Ordinances as'-C-3 General Commercial witi-, respect to which t'. _ Comprehensive Plan adopted earlier in 1974 indicates Commercial .'rofessional "use. The Planning Commission imposed no conditions and as far as I am aware, neither made nor filed any findings as a basis for the approval. Reference to Tigard Municipal Code Chapter 18.84 whici embodies the requirements of Sections 227.160-et sey OF'S'dis- closes that applications for conditional use permits would not be approved by'a hearing officer if appointed unless"'the=pro- posed use of land would be .in compliance with the Comprehensive K Plan for the City." Section' 18.84.060 of the Tigard i`4unici.pal. Code was amended by Ordinance No. 74-1 prior to the' codification of Chapter 739, Oregon Laws of 1973. ;From the codification of Section 9(3) , ;Chapter'739, 1973 Session Laws, as now;set forth in ORS 227.175,(3), it is construed that "The application shall not be approved unless the proposed use of land would be in compli- ance with the Comprehensive Plan for the City." This applies not only to decisions of the hearing officer but as well as to decisions of the Planning Commission and to the City Council. Thus, an application for a conditional use permit which is not in compliance with the Comprehensive Plan may not properly be approved. This is in the same context as the outlook that a zone change should not be approved which would not be in compliance with the Comprehensive Plan. A conditional use or a zone change, if given effect by the owner, would give rise to a pre-existing non-conforming use at such time as the property, along, with others in the area, was rezoned to bring the area into conform- ance with the Comprehensive Plan. The City of Tigard NPO Plan No. 1 was adopted by Ordinance No. 74-25, and under the rule stated in the case of Baker v. City of Milwaukie, Volume 98 No. 15 Oregon Advance Sneets (April 1, , this plan must now be considered a part of the zoning and land use legislation of the City of Tigard. Changes, if any, in the Comprehensive Plan should be accomplished by ordinance amending the Plan after hearing by the Planning Commission as well as by the Council. Page' 2 City Council and Planning Department December 19, 1974' In the Baker case, above cited, the Court of Appeals of Oregon made the observation that "In the absence of a statutory directive whether or not the City should amend its ordinance to conform to the Comprehensive Plan is.-a legislative decision and as such, is beyond the power of the Courts to require." Having adopted a Comprehensive Plan by ordinance, it would appear that the City should in fairness to;the property owners bring the zoning into 'conformance with the plan within a reason- able time, 'thus to avoid hardship, confusion and the possible` outlook that the City has two zoning schemes, both adopted by ordinance, _applicable to the same area at the same time. Fred.'A. Anderson` FAA:pml MINUTES TIGARD PLANNING. COMMISSION November 19r 1974 Twality Junior High School - lecture room 14650 S. W. 97th Street, Tigard, Oregon 1. CALL TO ORDER A. The meetingwas-called to order at 7:35 p.m. 2. ROLL CALL A. Members present: Hartman, Nicoli, Popp, Sakata, Barkhurst, Chairman Whittaker, City Attorney Anderson, 'City Planner Bolen B. Members absent: Ball, Hansen 3. APPROVAL OF MINUTES' A. The minutes of the November 5, 1974, meeting were approved as submitted. 4. PUBLIC HEARING - Conditional Use 4.1 CU 11-7+ (John SetnikerM1Auto Repair) ` r�u..,t u Request by John Setniker for`a conditional use permit to operate an automotive repair garage in the C-3, General Commercial zone on property located at 13340 S. W. Pacific Highway (tax map 2S1, tax lot 2000). A. Staff Findings 1. Bolen presented the staff findings which, in summary, described the project proposed by the applicant and stated that the proposal does not conform to the adopted plan for the area. B. Testimony and Cross Examination .1. ' John Setniker, the applicant, described his operation to the Planning Commission stating that he would be operating an automotive repair garage and added that the gasoline pump shown on the site plan would be for his own use only. 2. Wes Hycey of S. W. 103rd Street said that he had been a customer of Setniker's for 20 years and thought the request should be approved. In addition, he added PC Minutes-.November. ,19 , 1974 - page 1 that the notice which was distributed stated the meeting time as beginning at 8:00 and the Planning Commission should have heldtothis notice time _rather than start at 7:30. 3. " Chuck Stearns of S. W. School Street said that Mr. .9 Setniker should be allowed to continue his business on the proposed parcel.' 4. Fred Olson, a,property owner nearby on Pacific High- way said that he believes the business should be allowed :at this new location. 5. Gordon Moore said that he agreed with statements made by previous proponents. C. Staff Recommendation 1. Bolen recommended 'denial of the request based on the staff findings which included that the request does not conform to the adopted NPO #l: Plan and that the street- ystem -as it exists is not sufficient to handle increased commercial traffic loads. D. Commission Discussion and Action 1. Hartman asked Bolen to show on the applicant's site development plan where the new frontage road would be located. Bolen' showed the road and pointed out that it would pass to the rear of the proposed building site. 2: Nicoli asked the City Attorney if this use could be postponed until the frontage road were constructed. The City Attorney replied that the City could not freeze development of this land based upon a court decision concerning the City of Salem. He referred to this as the "Salem Freeze Case". 3. Whittaker stated his concern over the fact that the proposed use does not conform to a publicly adopted plan. 4. Barkhurst stated his belief that the existing frontage road is not adequate to serve commercial development and the change in use of this property from residential to commercial use should be made with provision for the frontage road shown in the NPO #1 plan. 5. Popp asked if the future frontage road could serve this -parcel. Bolen said yes, it would traverse the rear of this parcel. PC Minutes -November 19, 1974 - page 2 6. Popp moved to approve the conditional use based upon the finding that it would not violate the NPO ##1 plan and that a-community need has been demonstrated. In addition he included that a towing operation could be part of 'the approved use. Nicoli; seconded the motion: 7. Barkhurst said that he could not vote for the motion in that the burden of proof lies with the applicant to convince the Planning Commission of the conformance of, his proposal with the comprehensive plan as well as the other questions raised by Fasano. He said that, in his opinion, this has not been 'done by the applicant. 8. Nicoli 'stated his belief that the requested use could create less traffic than anything else that could go on the site. 9. Hartman abstained, stating,he had discussed this matte.: with the applicant previous to the :hearing. 3 10. Whittaker said he found it unfortunate that the NPO had not commented on this item before the Planning Commission's consideration. He said there were two questions which concerned'him: conformance with the adopted plan and the question of whether or not there were other more suitable sites located in the vicinity. ' He was impressed with the sentiment demonstrated by the patrons of Mr. Setniker in the hearing, but said he could not overlook his commitment to good land use planning. 11. Nicoli stated his belief that there were no other sites available in the area. 12. Sakata stated that this was a difficult decision to make because of the testimony given in support of Mr. ' Setniker's request, but that the Planning Commission must examine the burden of proof presented by the applicant. 13. The Planning Commission voted on this item and it passed by a majority vote with Hartman abstaining and Barkhurst and Whittaker voting no and Popp, Nicoli and Sakata voting yes. 4.2 CU 12-74 (American Legion Post 158) Request by American Legion Post No. 158 for a conditional use permit to operate a lodge facility in the C-3, General Commercial zone on property located at 13620 S. W. Pacific Highway (tax map 2S1 2CC, tax lot 900) . PC Minutes -November 19, 1974 - page 3 s A. Staff Findings 1. Bolen presented the findings, the most significant of which pointed out conformance with the existing adopted plan for the area and that this site would be a more _ suitable location than the site presently; being used by the Legion on 72nd and the frontage road. B. Testimony and Cross Examination 1. Jim' Roundtree, the realtor handling the sale of this property, presented the Legion's proposal for use of this; property. 2. Arnie Fisher, a member of the Post, said that the Legion intends to make this site a show place. He continued by saying that the existing site on 72nd does not have adequate parking and is creating traffic congestion in that area. C. Staff Recommendation 1. Bolen recommended approval of the applicant's request with the 'condition that some form of screering_be pro- vided_on the site of the property facing the Camella Apartments and that a detailed site plan be submitted conforming to City code requirements.' D,' Commission Discussion and Action 1. Popp moved to; approve the request based upon the finding that it conforms with the adopted NPO #1 Plan and with the condition that a site development plan be .sub- mitted to the staff for their approval which conforms to the standards of the site development ordinance and which shows provision for drainage. Hartman seconded and the motion passed by a unanimous vote of the commission present. 5. MINOR LAND PARTITIONING 5.1 MLP 8-74 .(Country Kitchen/Shakey's Pizza) Request to partition property located at the intersection of S. W. 69th Street and Pacific Highway on the northeast corner to provide two parcels to separate restaurant facilities. (tax map 1S1 36AD, tax lot 4300). A. Staff Findings 1. Bolen presented the staff findings relevant to this case. PC Minutes -November 19,, 1974 - page 4 sm B. Testimony and Cross Examination 1. Carl Anderson of Coldwell-Banker explained the proposal to the Planning Commission. C. Staff Recommendation 1. Bolen recommended approval of the submitted plan with the folloNling conditions: a) that the applicant submit ,joint access and parking agreements b) that the storm drainage on the ;69th Avenue side be located in -the public right-of-way c) that 69th Avenue be improved with a half street improvement d) that the two access drives now existing on Pacific Highway be removed and replaced with curbs and a sidewalk D. Commission Discussion and Action 1. Barkhurst moved to approve the requested Minor Land Partitioning based upon the staff findings and according to the staff recommended conditions'. Hartman seconded` and the motion 'passed by unanimous vote of the Council Commission present. 2. Hartman made a motion to modify the approval as regards the required street improvement for 69th. He moved that storm drainage be the only improvement required on the 69th Street. Popp seconded and the motion passed by majority vote. 6. OTHER BUSINESS- Sign Code Appeal SCA 7-74 (Country Kitchen- 69th & Pacific Highway) A. Staff Findings 1. Bolen stated that the parceling of this property would reduce the allowable sign area for the Country Kitchen Restaurant and they state that a hardship would thereby be created. B. Testimony and Cross Examination 1. Carl Anderson of Coldwell-Banker stated that the smallest sign produced by the company is what they are proposing for this site which has a total of 420 sq. feet. He PC Minutes. -November. 19, 1974 page 5 said that it would present .a hardship for the company r not to be able to use their standard sign. C. Staff Recommendation 1. Bolen said that the lot frontage would aglow a sign larger than many already, ,existing on the highway and in his judgment a sufficient hardship did not exist to justify the granting of a variance from the sign code D. Commission Discussion and Action 1. Barkhurst movedfordenial of the variance request in that no hardship has been established. In 'addition he stated that allowing the variance would be granting ' a special advantage over other similarly;,situated. properties. Nicoli seconded and the motion passed by unanimous vote of the commission present. 7. ADJOURNMENT A. The meeting adjourned at '11:05 p.m. PC Minutes -November 19, 1974 - page 6 Tigard Planning Commission Staff Report: , November 19, 1974 Agenda Item 4.1 CU 11-74 (Setniker Auto Repair) ' Applicant John Setniker Applicant's Request Request for a conditional use in the C-3, General Commercial zone, to construct an automotive repair garage. Property is located at 13340 S. W.' Pacific Highway (tax map 2S1'2CB, tax ' lot 2000) . Staff Findings- 1. Properties to the north, south and west are currently zoned C-3, General Commercial, and the property to the east, which lies behind Pacific Highway, is currently zoned R-7, 'single family residential. 2. The applicant's property presently contains a single 'family dwelling and the proposed automotive repair garage would be placed adjacent the dwellings on the same tax lot. The dwelling is a rental unit and the owner of the auto repair will not be residing there. 3. Surrounding land uses consist of the following: a) To the north an existing house which will be approxi- mately 13 feet from the proposed repair garage and a small one-chair barber shop which sits in front of this house adjacent the frontage road. b) To the east and rear of the property is a single family subdivision which is well-screened from the proposed project by a thick growth of trees and related vege- tation along the drainage way. c) The property to the south contains a house which has been converted to a business selling craft items. Across Pacific Highway is a large vacant parcel and the Shell Service Station presently being operated by the applicant. 4. Access to the property is provided by means of a frontage road which was formerly Pacific Highway. This access is adequate to serve the existing uses which are primarily residential in nature, but improved access will be necessary . as commercial development of these properties takes place. The adopted NPO #1 Plan proposes a -recessed frontage road 'to serve the parcels presently accessingonto the frontage road. This proposal would entail a vacating Of the existing frontage road and, in effect, ,move it to the rear of the affected properties, with a connection into GarrettStreet. 5. The applicant's request does not conform to the adopted NPO #1 Plan. This property is shown,on -lie Plan for Commercial-Professional development and is scheduled for rezoning to `a conforming zone in January of 1975, accord- ing to -the current Planning' Department work schedule. By proposing non-retail types of commercial use in this relatively undeveloped portion of Pacific Highway, the Neighborhood Plan is attempting to alleviate the 'strip commercial development'pattern which now exists on other portions of the highway, 6. Since the plan was adopted in May of 1974,, no substantial changes in the surrounding conditions has occurred.' 7. The applicant has not submitted evidence to the staff according .to the :Supreme Court Fasano Decision however, ' the applicant has stated to the 'staff that a community need does exist for his use as ,is evidenced by his many ; years of successful operation across the street. 8. The staff has questioned the applicant concerning other more suitable locations for the proposed use and he has stated that he has not searched for other property and that his `preference is to use this property which he " presently owns. 9. Minimal adverse effects would be created for adjoining properties with the exception of the house located to the north. - An additional concern with respect to this dwelling unit is the fact that the applicant proposes burying a 2,000 gallon gasoline tank and placing a pump in front of his proposed building adjacent the northerly property linea 10. The applicant's proposal will not have an adverse impact upon public services, with the exception of the street system. As previously mentioned, this property is served from an abandoned alignment of Pacific Highway, which is not adequate to serve commercial volumes of traffic, er, .--(-ially if the applicant plans to sell gasoline and, in effect, operate a service station facility from this •loc;a tion. 11. The applicant presently .is operating the Shell Service a to Uion located across the street from the subject _parcel at the intersection of Park St. and Pacific Highway. His ' business there consists of selling gasoline, automobile PC Staff Report - November 19, 1974 - page 2 - Item 4.1 parts and providing general automotive repairs. He also operates a towing business from this site and vehicles are often stored on it for short periods of time. It is -the staff's impression tha is the applicant. wishes -to operate basically the same type of business on the pro- posed site. His lease with Shell Oil Co. expires in a short period of time and it has therefore become necessary for him to find another location for his busi- ness. 12. A site development plan has been submitted to the staff which shows a repair garage building with a parking lot in the front and a gasoline pump in front on the northern side..' This site plan does not propose a storage area for vehicles 'towed in by the applicant. Staff Recommendation Staff recommendation will be given following the receipt of evidence at the public hearing. f . 4 PC Staff Report - November 19, 1974 - page 3 Item 4.1