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City Council Packet - 07/14/1975 TIGARD CITY COUNCIL REGULAR MEETING JULY 14, 1975, 7:30 P. M. FOWLER JUNIOR HIGH SCHOOL LECTURE ROOM AGENDA: 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES: Special Meetings June 18, 26, 30, July 8, 1975 Regular Meeting June 23, 1975 5. WRITTEN COMMUNICATIONS: (a) CRAG Re: Distribution of Transportation Improvement Program (TIP) (b) League of Oregon Cities - Re: 1975 legislation (c) Tri-County Community Council (T-CCC) Re: City endorsement (d) Memo re: Frewing Street Parking (e) Public Notice by Army Corps of Engineers 6. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS. 7. APPROVAL OF EXPENDITURES & INVESTMENTS 128.77 8. APPEAL PLANNING COMMISSION ACTION - CONDITIONAL USE REQUEST (Nine-T-Nine Towing Service/Gene Dooley) (a) Setting of Public Hearing 8:00 P.M. July 28, 1975 9. APPEAL - TIGARD WATER DISTRICT OFFICE ADDITION TO TIGARD FIRE STATION - DESIGN REVIEW BOARD ACTION. (a) Setting of Public Hearing 8:00 P.M. July 28, 1975. 10. ACCEPT AND AUTHORIZE EXECUTION SANITARY SEWER AGREEMENT - Joseph E. & June W. Poitras, 10515 S.W. Johnson Street., Tigard, Oregon. (a) Recommendation of City Administrator. 11. ACCEPT AND APPROVE SUBDIVISION COMPLIANCE AGREEMENT - Englewood II (a) Recommendation of City Administrator. 12. RESOLUTION No. 75- RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THL PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN PUBLIC RIG9T-OF-''�ti: ON S.W. 115TH AVENUE, FROM S.W. GAARDE TO A POINT d:;7 FEE-, MORE OR LESS, NORTHERLY THEREOF. (a) Recommendation of City Administrator. ;. RESOLUTION No. 75-_ RESOLUTION OF CITY COUNCIL ACKNOWLEDGING RECEIPT OF TRIPLE MAJORITY ANNEXATION AND RECOMMEND FORWARDING TO PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION. S.W. Hampton Street Annexation. i (a) Recommendation of Planning Director. 14. RESOLUTION No. 75-_ A RESOLUTION EXPRESSING TITE APPRECIATION OF THE CITY OF TIGARD, OREGON TO THE CITY OF PUEBLO, COLORADO AND IN PARTICULAR FRED E. WEISBROD, CITY MANAGER AND E. L. WILLOUGHBY, CHIEF OF POLICE, FOR ASSISTANCE RENDERED BY THE PUEBLO POLICE DEPARTMENT IN CONNECTION WITH A TASK FORCE STUDY AND REPORT ON THE TIGARD POLICE DEPARTMENT. (a) Recommendation of City Administrator. 15. NPO #1 & #2 REZONING - CITY OF TIGARD Request by City of Tigard for approval of rezoning of lands within the boundaries of the NPO #1 Plan for the Ash Avenue - Downtown Area and the NPO #2 Plan for the Greenburg-Brookside Area to conform with the adopted Comprehensive Plan as amended. Request approved by Planning Commission. Public Hearing 8:00 P.M. (a) Statement of Facts by City Planning Director (b) Public Testimony Cross Examination (c) Hearing Closed (d) Consideration by Council (1) ORDINANCE No: 75- AN ORDINANCE RECLASSIFYING CERTAIN LANDS WITHIN AN AREA OF THE CITY OF TIGARD HERETOFORE DESIGNATED AND KNOWN AS THE "ASH AVENUE - DOWNTOWN PLANNING AREA" AS HERETOFORE DELINEATED BY "NEIGHBORHOOD PLANNING ORGANIZATION PLAN No. 1" PLAN KNOWN AS THE "TIGARD COMMUNITY PLAN" AND AS AMENDED BY ORDINANCE No. 75-16 AND ORDINANCE No. 75-22 AND HEREBY BRINGING LANDS IN SAID AREA IN CONFORMANCE WITH SAID COMPREHENSIVE PLAN; FIXING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. (2) ORDINANCE No. 75- AN ORDINANCE RECLASSIFYING CERTAIN LANDS W,THIN AN AREA OF THE CITY OF TIGARD HERETOFORE DESIGNATED AND DELINEATED BY NEIGHBORHOOD PLANNING ORGANIZATION PLAN No.2 ADOPTED BY ORDINANCE No. 75-8 AS A PART OF THE COMPREHENSIVE PLAN KNOWN AS THE "TIGARD COMMUNITY PLAN" AND HEREBI B:INGING LANDS IN SAID AREA IN CONFORMANCE WITH SAID COMPREHENSIVE PLAN; FIXING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. 16. APPEAL - PLANNING COMMISSION ACTION - G. M. Bonn & Kenneth Bunn Request for approval of a zone change from R-7 (single family residential) to R-7 Planned Development, and for preliminary plat approval for an 8.5 acre, 70 unit (two family house). Planned development proposed to the south of S.W. Murdock Street, and extending north along S.W. 109th Avenue to S.W. Canterbury La*le. (Tax Lot 8800, Washington County Tax Map 2S1 10AD). Application denied by P11-Iring Commission. Public Hearing 8:00 P.M. (a) Statement of Facts by City Planning Director (b) Public Testimony Cross Examination PAGE 2 - COUNCIL AGENDA - JULY 14, 1975 i. (c) Hearing Closed (d) Consideration by Council 17. AMENDMENT TO ZONING ORDINANCE Proposed amendment to the zoning ordinance of the City of Tigard with respec t to the Commercial-Professional Zone (C-P) (Chapter 18.40) Tigard Municipal Ccde altering the allowable sign types and sizes and to permit multi-family dwellings of less than 4 stories. Public Hearing 8:00 P.M. (a) Statement of Facts by City Planning Director (b) Public Testimony Cross Examination (c) Hearing Closed (d) Consideration by Council (1) ORDINANCE No. 75- AN ORDINANCE AMENDING THE TIGARD MUNICIPAL. CODE, CHAPTER 18.40, COMMERCIAL-PROFESSIONAL ZONE (C-P) WITH RESPECT TO CONDITIONAL USES AND ALLOWABLE SIGNS; PRESCRIBING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. 18. O.L.C.C. APPLICATION D.A. LICENSE Curtis Luckey, Inc., 14455 S.W. Pacific Highway (Former Flemings Coach House). (a) Recommendation of Chief of Police 19. OTHER BUSINESS (a) Committee appointments information. 20. EXECUTIVE SESSION - Personnel Action By Council.. 21. ADJOURNMENT. PAGE 3 - COUNCIL AGENDA - JULY 14, 1975 I I G A R L C l T V C 0 U N C i L ?� REGULAR MyE,riNG JULY 14, 1975, 7:?0 P. M. 1. ROLL CALL: Present: Mayor Wilbur A. Bishop; Councilmen Ralph C. Barkhurst, John E. Cook, Robert C. Moore; R. B. Adams, Chief of Police; J. D. Bailey, Legal Counsel; Russel Austin, Building Official; Dick Bolen, Planning Director; Bruce P. Clark City Administrator. 2. APPROVAL OF MINUTES: Special Meetings June 18, 26, 30, July 8, 1975 Regular Meeting June 23, 1975 (a) Mayor Bishop requested that the minutes of June 30 be amended to reflect that moneys for BOR Grant were provided at the suggestion of the Mayor and with Council concurrence. Motion to approve all minutes as amended: Councilman Barkhurst; seconded by Councilman Cook. Approved by unanimous vote of Council. 3. WRITTEN COMMUNICATIONS City Administrator commented on each of the written communications: (a) Reminded Council of the meeting on the CRAG Transportation Improvement Program (TIP). (b) Study of the League of Oregon Cities information regarding 1975 legislation was set over for a future study session. (c) Communication from Tri-County Community Council (T-CCC) was read and Mr. Jerry Burns addressed the Council from the audience in regard to that item requesting Council endorsement. Motion by Councilman Barkhurst the City endorse the needs assessment study and attempt to locate a citizen to act as laison between the Tri-County Community Council and the City of Tigard; seconded by Councilman Cook. Motion passed unanimously. (d) A memo from the Chief of Police regarding Frewing Street parking was held for consideration under Other Business later: in the meeting. (e) Corps of Engineers public notice regarding crossing of the Tualatin Rive. was requested to be contained on s future study session agenda. 4. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS No one desired to speak from the audience. 5. APPROVAL OF EXPENDITURES & INVESTMENTS: $128.77 (a) City Administrator noted that these bills represented payment from the last fiscal year. (b) Motion to adopt: Councilman Cook; seconded by Councilman Barkhurst. Approved by unanimous vote of Coun,il. 6. APPEAL PLANNING COMMISSION ACTION - CONDITIONAL USE REQUEST (Nine-T-Nine Towing Service/ Gene Dooley) (a) Motion by Councilman Barkhurst that a public hearing be set for July 2&, 1975, 8:00 P. M.; seconded by Councilman Cook. Motion passed by unanimous vote. 7. APPEAL - TIGARD WATER DISTRICT OFFICE ADDITION TO TIGARD FIRE STATION - DESIGN REVIEW BOARD ACTION (a) Motion by Councilman Moore that a public hearing be set for July 28, 1975, 8:00 P. M.; seconded by Councilman Barkhurst. Motion passed by unanimous vote. 8. ACCEPT AND AUTHORIZE EXECUTION SANITARY SEWER AGREEMENT - Joseph E. & June W. Poitras, 10515 S. W. Johnson Street, Tigard, Oregon (a) City Administrator advised Council that this property was located outside the City. They were experiencing problems with the septic tank at that property and desired to connect to the sanitary sewer system and that by accepting and authorizing the execution of the Sanitary Sewer AgreementjCouncil would set up the conditions under which the connection could be made. Conditions include non-remonstrance to annexation. (b) Motion to adopt: Councilman Moore; seconded by Councilman Cook. Approved by unanimous vote of Council. 9. ACCEPT AND APPROVE SUBDIVISION COMPLIANCE AGREEMENT - ENGLEWOOD II (a) City Administrator recommended that this standard Subdivision Compliance Agreement form be accepted and execution authorized. (b) Motion by Councilman Cook to accept and approve Subdivision Compliance Agreement and authorize Mayor and Recorder to execute same; seconded by Councilman Moore. Approved by unanimous vote of Council. 10. RESOLUTION No. 75-38 RESOLUTION OF THE TIGARD CITY COUNCIL.ACCEPTING THE PUBLIC IMPROVE- MENTS CONSTRUCTED WITH PUBLIC RIGHTirOF-WAY ON S. W. 115TH AVENUE, FROM S. W. GAARDE TO A POINT 857 FEET, MORE OR LESS, NORTHERLY THEREOF. (a) City Administrator noted that portion of 115th from Gaarde St. to a point 857 feet northerly thereof was improved by adjacent developers as a condition of approval of their subdivision, that the street had been inspected and the Public Works Dept. recommended that the City accept the street. (b) Motion by Councilman Moore that Resolution No. 75-38 be adopted; seconded by Councilman Barkhurst. Approved by unanimous vote of Council. 11. RESOLUTION No. 75-39 RESOLUTION OF CITY COUNCIL ACKNOWLEDG:INa RECEIPT OF TRIPLE MAJORIT`' ANNEXATION AND RECOMMEND FORWARDING TO PORTLAND METROPOLITAN P.REA LOCAL GOVERNMENT BOUNDARY COMMISSION. - S. W. Hampton Street Annexation. PAGE 2 - COUNCIL MINUTES - JULY 14, 1975 (a) Planning P4 J'�. st and ecoamended chat the annexation f'oy.v. Reviel,.,, C-,Tmrissinn, City Administrat---r ii� was in policy on annexation. (b) Motion by C-Lincilman Barkhurst to a-ic.Dt Reso-lution No. 75-39; seconded by Councilman Cook. Approved by unanimous vote of Council. 12. RESOLUTION No. 75-40 A RESOLUTION EXPRESSING THE APPRECIATION OF THE CITY OF T'GARD, OREGON TO THE CITY OF PUEBLO, COLORADO AND IN PARTICULAR FRED E, WEISBROD, CITY MANACER AVD E. L. WILLOUGHBY, CHIEF OF POLICE, FOR ASSISTANCE RENDERED BY THE PUEBLO POLICE DEPARTMENT IN CONNECTION WITH A TASK FORCE STUDY AND REPORT ON THE TIGARD POLICE DEPARTMENT. (a) City Administrator recommended that Resolution No. 75-40 be adopted. (b) Motion to adopt: Councilman Cook; seconded by Councilman Moore. Approved by unanimous vote of Council. 13. NPO #1 & #2 REZONING - CITY OF TIGARD Request by City of Tigard for approval of rezoning of lands within the boundaries of the NPO #1 Plan for the Ash Avenue - Downtown Ar-2a and the NPO #2 Plan for the Greenburg- Brookside Area to conform with the adopted Ccmprehensive Plan as amended. Request approved by Planning Commission. Public Hearing was opened at 8:00 P. M. It was noted by the Mayor that there wt:re two NPO areas proposed for rezoning and that each one would be handled separately under the public hearing. (a) The City Planner explained the proposed rezoning to bring the zoning into conformance with the adopted plan. He pointed out that no land was being considered for rezoning to a more intense use at this time. The only rezonings proposed were those which were necessary to protect the integrity and carry out the objectives of the plan. Testimony by proponents. No testimony Cross Examination by Co,..-icil. The testimony on NPO #1 was co-.v!luded. (b) Hearing on proposed rezoning -for NPO #2 opened. Planning Director explained the pr,)pcsed rezonings and displayed a map indicating the location of the proposed rezonings. NDted that a question had been raised about outright versus conditional uses. City's Legal Counsel advised the City Council that in his opinion the zoning ordinance should be clarified by virtue C-1 an amendment clearly delineating Council policy and the rights cf conditional uses as affected by changes in the zoning text or zone designations. Testimony by proponents. No testimony. PAGE 3 COUNCIL MINUTES - JULY 14, 1975 Testiinor_v !, Chuck McGI u.-.•e prc,F--rt, owner p_...: - -t Ld :.a <<: •�-dn property located behinl- 3.: Copeland :.orb c *i.ldiug . Fred Anderscn_, �,,ttorney representing Great Western Chemical C•:�r;oration requested that a zone Le:xt a�:endment covering pre-existing uses as suggest.-d by City's legal counsel be enact.�,i and be placed in the Conditional Use Section of the Tigard Municipal Code. Mr. George Walker stated his concern about the rezoning which would effect a duplex development. Mr. Ernest McCall., Great Western Chemical Co. reiterated the previously expressed concern regarding an ordinance amendment protecting previously existing conditional -f g8 yses. �r�P I�arha a✓mss r` ert on Greenbur Road would be downgraded if the zoning � Martha Davis felt her property y g was accomplished in that area. Cross Examination by Council. The Hearings were closed. (c) ORDINANCE No. 75-35AN ORDINANCE RECLASSIFYING CERTAIN LANDS WITHIN AN AREA OF THE .� CITY OF TIGARD HERETOFORE DESIGNATED AND KNOWN AS THE "ASH AVENUE - DOWNTOWN PLANNING AREA" AS HERETOFORE DELINEATED BY "NEIGHBORHOOD PLANNING ORGANIZATION PLAN No. 1" PLAN KNOWN AS THE "TIGARD COMMUNITY PLAN" AND AS AMENDED BY ORDINANCE No, 75-16 AND ORDINANCE No. 75-22 AND HEREBY BRINGING LANDS IN SAID AREA IN CONFORMANCE WITH SAID COMPREHENSIVE PLAN; FI$ING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. The ordinance was read three times by title. (d) Motion to adopt: Councilman Barkhurst; seconded by Councilman Cook. Approved by unanimous vote of Council. W ORDINANCE No. 75-36 AN ORDINANCE RECLASSIFYING CERTAIN LAND WITHIN AN AREA OF THE CITY OF TIGARD HERETOFORE DESIGNATED AND DELINEATED BY NEIGHBOR- r'OUD PLANNING ORGAN.:LArioA PLAN No. 2 ADOPTED BY ORDINANCE No. - AS A P.l?i OP THE COMPREHENSIVE PLAN KNOWN AS THE "TIGARD COKMUNI'.TY PLiL�" AND 9EREBY BRINGING LANDS IN SAID r.REA IN i;CN?ORMAN. v1-i.FH SAID COMPRLHENSIVE PLAN; FIXING AN EFFECTIVE DAIS AND DECLARING AN EMERGENCY. Ordinance was read 3 times by title. (f) Councilman Bark-burst requested the Planning Director Co explain how the proposed zone change wo�i.ld be in conformance with the plan regardir'; the p behind Copeland Lumber. The Planning Director responded that the .+-2 zoning would permit retail as conditional use and some retail may be appropriate there and still be in conformance with the comprehensive plan than C-3 and that C-P zoning would possibly constitute spot zoning. Further discussion ensued about the singularity of the lot and the concern about one-way traffic into a residential area. (g) Motion by Councilman Cook to instruct Legal Counsel to prepare an ordinance assnri.ne PAGE 4 - COUNCIL MINUTES - JULY 14, 1975 the grarsdfathe.•^ G:`:e--Xis ti-7-Ig co-?di tional uses f.C•7_ `:= ,' r'._ _.� 77. consideration,, g�C ,_.3e•+. by Caurcilran Barkhurst. ' Approved by �«a_-imous vote O:L the Council. (h) Motion by Councilman Barkhurst to adopt ordinance No. 75-36; seconded by Councilman Cook. (i) Motion by Councilman Moore that the plan be amended by leaving the Walnut to Johnson Street area as it is presently zoned. The motion died for lack of a seccnd. (j) Attorney Fred Anderson requested a statement by the Council that demonstrated approval or concurrence with the ordinance which was requested to be dra-,an to prote^t grandfather rights. Attorney Bailey stated that such a statement would be appropriate. No act.i.rt ,;.,= taken by the Council although there appeared to be consensus of Council along the lines requested. (k) Motion to adopt ordinance No. 75-36 was approved by unanimous vote of the Counil.. 14. APPEAL - PLANNING COMMISSION ACTION - G. M. Bonn & Kenneth Bunn Request for approval of a zone change from R-7 (single family residential) to R-7 Planned Development, and for preliminary plat approval for an 8.5 acre, 70 dwelling unit (two family house). Planned development proposed to the south of S. W. Murdock Street, and extending north along S. W. 109th Avenue to S. W. Canterbury Lane. (Tax Lot 8800, Washington County Tax Map 2S1 10AD). Application denied by Planning Commission. Public Hearing opened 8000 P. M. (a) Planning Director noted that the Council packets contained minutes and Staff Report, utilizing proposed plan of development, aerial map and slides the Planning Director outlined the facts of the situation. Testimony by proponents Mr. Jack Annand requested the Council table the appeal request. Mr. Bunn advised Council that if the original county approved PR approval is in effect that they would like the application for their appeal withdrawn. . If it is not in effect then they request the Council tc table this appeal request. Testimony by opponents Mrs. Davenport spoke in opposition to the proposal and stated she did nc,-. wart rTe_t, cut and houses on adjacent property at a high density. (b) Motion by Councilman Barkhurst that the hearing be continued and the appeal be tabled as per the applicant's request; seconded by Councilman Cook. Coin^'._,.• a-1 Barkhurst noted that the purpose of the motion was to allow staff tine tc 2rr" I- more factual information on the status of the county approved PR. desigrati•.,n. The vote was 4-0 in favor of the motion, hence, the item was tabled. Council neo r ed that staff be prepared to report on the status of the county PR approval a` t`:-. next study session. AMENDMENT TO ZONING ORDINANCE Proposed amendment to the zoning ordinance of the City of Tigard with respect to r},F PAGE 5 - COUNCIL MINUTES - JULY 14, 1975 CoirL-ierciP__ Professional Zone (C-P) (Chapter 18.40) Tigard Municipal Code altering the allowable sign types and sizes and to permit multi/-family dwellings of less than 4 stories. A4 Public Hearing opened 8:00 P. M. (a) Planning Director explained the ordinance and its purpose. The Building Official noted that the ordinance does not address real estate signs which is a separate problem. (b) Testimony of proponents Mr. John Flattery, Lincoln Properties, Inc., appeared and spoke in favor of the ordinance. No cross examination. There being no one further to be heard the Hearing was Closed. (c) ORDINANCE No. 75-37 AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE, CHAPTER 18.40, COMMERCIAL-PROFESSIONAL ZONE (C-.P) 14ITH RESPECT TO CONDITIONAL USES AND ALLOWABLE SIGNS; PRESCRIBING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. Ordinance was read 3 times by title. (d) Motion to adopt: Councilman Moore; seconded by Councilman Cook. Approved by unanimous vote of Council. (e) Moti:>n by Councilman Moore to remand the real estate signs issue to the Planning and Zoning Commission for their consideration as soon as possible with particular emphasis on allowing C-P requirements in the sign code rather than the zoning ordinance; seconded by Councilman Barkhurst. Approved by unanimous vote of Council. 16. O.L.C.C. APPLICATION D. A. LICENSE Curtis Luckey, Inc., 14455 S. W. Pacific Highway (Former Flemings Coach House). (a) It was reccmmended by the Chief of Police that the license be forwarded to the O.L.C.C. with an affirmative recommendation. (b) Motion by Councilman Cook that the request be forwarded to O.L.C.C.; se(: nded by Councilman Barkhurst. Approved by unanimous vote of Council. 17. OTHER BUSINESS (a) City Administrator noted the information on necessary appointments to Boar,ls zsd Committees. (b) Council instructed staff -to have an ordinance prepared for the next study session which would prohibit parking on Frewing Street in accordance with the recommendation of the Chief of Police. (c) Councilman Moore .inquired about requesting Bob Gray, Tigard Industrial Park, to place PAGE 6 - COUNCIL MINUTES —JULY 14, 1975 4 i j a stop sign at he ^_:r :7=J't' �. 2-.:. C .:,? ..__ ... x,39'. with people not s`cF� :gig -• ''-.zc =.g .r.-._�. ay. '. (d) Mayor Bishop observed that two z ;-: ^ =1=.c.e.3 _hh passe ? ear ie' i^ Lre rge?icy iia sem. as was the case v^ a previous contested evening without removing e�ne ordinance and he also read a ir.tt9= trcmlea1 estate agent for McDonald's and Jack Robertson which requested a meati^z6 on, the 14th and inquired as to why a special meeting was held and why the was not notified. : .1$:, EXECUTIVE SESSION Council voted to go into executive session to discuss a personnel action by the City Council. The Council discussed a request by an employee for amendment to the salary rate. Council requested recommendation of City Administrator and accepted same. 19. No further business to come bef'cre the C 4ncil, meeting was adjourned. City Recorder Pro-Tem ATTEST: Mayor COUNCIL MINUTES - JULY 14, 1975