City Council Packet - 05/05/1975 fj
' TIGARD CITY COUNCIL
STUDY SESSION
MAY 5, 1975, 7:30 P.M.
FOWLER JR. HIGH SCHOOL
LECTURE ROOM
AGENDA:
Discussion Items:
1. Communications
2. N.P.O. 's 4&5 - Proposed traffic analysis contract
3. C-3 Ordinance Revision
Driveway Variance Request - Bissett
5. Charter Amendment Initiative Petition _ � 4�-, �s,o�r 2
6. Appeal of Refund Denial - Sewer & Building Permits - P. F. Rowell
= � 7. Street Vacation Request - Portion of 89th & Manzanita
8. Street Dedication - Portion of S.W. 68th Avenue
9. Street Dedication - S.W. Landmark Lane
Other
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T I G A RD C I T Y C RILE C I L
STUDY SESSION MAY 5, 1975 - 8:30 P. M.
1. ROLL CALLt Present: Mayor Wilbur A. Bishop; Councilmen Ralph C. Barkhurst, John E.
Cook, Alan W. Mickelson, Robert C. Moore; R. B. Adams, Chief of Police;
Fred A. Anderson, Legal Counsel; Russel Austin, Building Official; Bruce
P. Clark, City Administrator; Doris Hartig, City Recorder.
COMMUNICATIONS
(a) Letter from Gretchen G. Hull expressing concern regarding intersection of Durham
Road and Hall Blvd. Mrs. Hull is requesting City endorsement of a 4-way stop.
ConcensuS of Council was to go on record to show City's concern.
3. N.P.O.'s 4 & 5 - PROPOSED TRAFFIC ANALYSIS CONTRACT
City Planner stated the proposed contract, for an estimated cost of $3,300, was for
N.P.O. Nos. 4 & 5. As this will appropriate funds in the 1975-76 budget Council
requested clouas be inserted "subject to available funds": Council requested the
amended contract be considered at their next regular meeting.
4. C+3 ORDINANCE REVISION
City Planner stated the proposed ordinance reflects the same items as presented to the
Planning Commission at their public hearing. Attorney Anderson recommended changes
in the proposed ordinance. Staff and Council discussed the amendments.
Meeting recessed 9:50 P. M. and reconvened 10:15 P. M.
Council and staff discussed further the C-3 conditional uses, lot size, as well as
other additions and deletions. Staff will make amendments and prepare for next
Council meeting.
5. DRIVEWAY VARIANCE REQUEST - BISSETT
City Planner synopsized background of the request and stated the applicant was
appealing to Council to allow one twenty foot driveway. Council and staff discussed
if adequate parking was provided, traffic patterns and other lease arrangements with
occupants of adjoining business.
Chief of Police stated there was no provision in the city code to enforce "nu left
turn" provisions from private driveways and was concerned about public safety.
City Administrator suggested Council direct staff to stipulate the variance could be
granted subject to applicant providing guarantee of sufficient number of parking spaces.
Council set public hearing for May 12, 1975 at 8 P. M.
6. APPEAL OF REFUND-DENIAL - SEWER & BUILDING PERMITS - P. F. ROWELL
Building Official stated City received a request for refund of permits for a
!development at 8440 S. W. Commercial. City and USA policy has been to deny refunds
after expiration of permits however applicant has requested Council consider their
request. Concensus of Council was to deny request. City Administrator to respond to
Mr. Rowell.
7. STREET VACATION REQUEST - PORTION OF 89TH & MANZANITA
City Planner reviewed request for street vacation and recommended city adopt resolution
setting a public hearing. Council concurred with recommendation.
STREET DEDICATION - PORTION OF S. W. 68th AVENUE - LAMB-WESTON - FARMERS INSURANCE GROUP
Synopsis given by City Administrator of recent developments and requests to extend S. W.
68th Avenue to S. W. Hampton in accordance with the "triangle plan". Administrator
recommended acceptance of dedication and item be placed on next Council agenda.
Council concurred.
9. STREET DEDICATION - S. `d- LANDMARK LANE
City Planner stated applicant has submitted street dedication in accordance with
Provisions required by Planning Commission. Maintenance bond has been submitted and
documents should be reviewed as to legal form. Subject to legal counsel approval
Council requested item be on next agenda.
10. OTHER
(a) City Administrator distributed addendum to budget message regarding police
serial levy.
(b) Councilman Cook discussed with staff the requirements for solid fences. Building
Official provided information with respect to code information.
(c) Councilman Mickelson discussed with staff and other Council members letter
received from Attorney Fasano regarding the McDonald's application. City
Administrator synopsized the situation and stated Design and Review Board
had set a fourteen day submission period. McDonald's application was
received one day after deadline of submission. Question under consideration
is if fourteen day deadline is valid and binding and is School Street, as defined
in Zoning Ordinance a street. Attorney Fasano has questioned staff's decision.
Concensus of Council was to request legal counsel to consider the request and
give an opinion.
Meeting Adjourned 11:55 P. M.
ATTESTS City Recorder
Mayor
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Page 2 - Study Session - May 5, 1975
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T I G A R D CIT Y C O U NCI L
SPECIAL MEETING MAY 5, 1975, 7:30 P. M.
ROLL CALL: Present: Mayor Wilbur Bishop; Councilmen Ralph Barkhurst, John Cook,
Alan Mickelson, Robert C. Moore; R. B. Adams, Chief of Police; Fred A.
( Anderson, Legal Counsel; Russel Austin, Building Official; Bruce P. Clark,
City Administrator; Dick Bolen, City Planner; Doris Hartig, City Recorder.
Special meeting was called by the Mayor with the common consent of the Council to
consider action to be taken relative to the calling of a special election.
City Administrator reported the required number of valid signatures had been certified.
Attorney Anderson had been so advised and requested to draft a ballot title and explanation.
City Administrator distributed copy of cnemos from Legal Counsel addressed to City Recorder
and Council. Attorney Anderson synopsized his memos and stated in his opinion the City
should proceed in accordance with initiative provisions of the city ordinances and call
for a vote. This would give the City an opportunity to find out if the request is
valid and if passed can later be tested in court. The Attorney's memo to Council gave
two options to resolve the issue. One, proceed with the election and two, refuse to
submit the measure on the basis that it is patently without validity. Under the second
course of action there is a possibility of an election being ordered by the courts.
Legal Counsel read proposed title and description of ballot measure. It was Counsel's
recommendation the ballot also contain the description as submitted on the initiative
petition.
The matter of calling for a^ election, legal requirements and synopsis of circulation
of initiative petition was discussed by Council and staff. Tony Maksym from audience
requested election be held to give citizens opportunity to vote on the issue. City
Administrator suggested Council call special meeting May 7th to consider the title and
description and adoption of an ordinance calling for a special election.
Motion by Councilman Barkhurat to direct staff to prepare an ordinance to call for
special election May 21, 1975 and set special meeting for 7:30 P. M. Thursday, May 8,
1975 at Charles F. Tigard library room; motion seconded by Councilman Moore.
Approved by unanimous vote of Council.
Meeting adjourned 8130 P. M.
C/1 Ila
City Recorder
ATTESSTTTtS�.sD - �+
Mayor
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® CITY OF TIGARD
P. O. Box 23557
12420 S. W. Main
Tigard, Oregon 97223
May 3, 1975
NOTICE OF SPECIAL MEETING
There is hereby called a Special Meeting of the Tigard
City Council to convene at 7:30 p.m. at Fowler Junior High
School on Monday May 5, 1975. to consider action to be taken
relative to the calling of a Special Election.
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Mayor of Tigard �—
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14200 SOUTHWEST 72nd AVE. PORTLAND, OREGON 97223 / PHONE : 503 639-6161
GERBE Ric5ai BLADES
JOSEPH R. GERBER, JR. April 25, 1975
President
RE CE:NED
APR N V 975
CITY OF TIGARD
City Council
City Hall
Tigard, Oregon 97223
Gentlemen:
I would like this letter to convey my opposition
to the Tigard City Council enacting an ordinance at
this time which would have the effect of prohibiting
the construction of a McDonald's restaurant at S.W.
School Street and Highway 99\'V.
I feel that there is practically mass hysteria by
the local citizens and that this should be tabled for the
time being so that further, intelligent studies can be
made.
Very truly ,yours,
J seph R. Gerber, r.
APR 2 19?5
CITY OF T 1GARD
April 23, 1975
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Tigard City Council
12420 S. W. Main
Tigard, OR
Dear Sirs:
I am writing for the purpose of advocating a four-way stop at the inter-
section of Durham Road and Hall Boulevard.
There is a considerable flow of traffic through this intersection with
Tigard High School located on Durham Road and the traffic headed for
Highway 99•
As the intersection stands now, the three-way stop is neither adequate
nor safe, especially if the vehicle is traveling west on Durham Road.
The stop sign is set back in a position so that the traffic traveling
south on Hall Boulevard is not visible due to trees and other visual
obstructions on the corner property. If the vehicle moves up to enable
the driver to see approaching cars, the cars turning left onto Durham
from Hall come close to hitting the waiting car.
Considering the heavy flow of traffic in the morning and evening hours
comprised of commuters, school busses, and those on the way to Tigard
High School, a four-way stop system is necessary for safe travel through
this intersection.
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Thank you for your time and concern in this matter.
Sincerely,
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(Mrs) Gretchen G. Hull
3300 S. W. Edgemont Road
s Lake Oswego, OR 97034
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