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City Council Packet - 08/09/1976 0 i TIGARD CITY COUNCIL ,�EGULAR MEETING'UGUST 9, 1976, 7:30 P.Pi. FOWLER JUNIOR HIGH SCHOOL LECTURE ROOM AGENDA: 1. CALL TO ORDER 2, ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS 5. CONSENT AGENDA: (All matters under this heading are considered to be routine by the City Council ano will be enacted in one motion in the form listed below. There will be no separate discussion of these items. If discussion is desired by any Council member or member of the audience, that item will be removed from the Consent Agenda and wilt be considered separately.) (a) Approval of Minutes July 26, August 2, 1976. (b) Approval of Expenditures and Investments: Al r X139-7117 06 (c) Receive and File Written Communications (1) Unified Sewerage Agency re: plant equipment (2) Metropolitan Service District re: solid waste resource recovery program (d) Setting of Public Hearings Commencing at 8:00 P.M. August 23, 1976, at Fowler Junior High Schqol Lecture Room, 10865 S.W. Walnut Street, Tigard, Oregon. (1) ZONE CHANGE - Request by Fletcher, Hansen & Parsons for a general plan and program review of a proposed commercial-office park Planned Development located at the southeast corner of S.W. 72nd Avenue and S.W. Varns Road (Wash. Co. Tax Map 2S1 1D, Tax Lot 900). (2) RENAME EXISTING DEDICATED ROADWAYS - Request by City of Tigard. a. S.W. 77th Avenue (old name) to S.W. Cherry Drive portion lying south of SW Varns Street running south to SW Fir Street. b, S.W. Cherry Street (old name) to S.W. Cherry Drive portion lying south of S.W. Fir'•. Street running south and east to S,W:. 72nd Avenue. c. S.W. Watkins Avenue (old name) to S.W. Brookside Avenue portion lying northeast of F.W. Walnut Street and running northeast 471 feet. d. S.W. Watkins Court (old name) to S.W- .Brookside Court portion lying northwest of S.W. Watkins Avenue and running northwest 206 feet. e. S.W. Post Road (old name) to S.W. Greens Way portion lying south of S.W. Summerfield Drive and running south and west 694 feet. f. S.W. Bost Road (old name) to S.W. Greens Way portion lying south of S.W. Summerfield Drive and running south and east 299 feet. 6. APPROVE REFUND - Chester Curry-Sewer Connection Fee - $235.00 {� (a) Recommendation of Building Official. 7. APPROVE SANITARY $EWER COMPLIANCE AGREEMENT - Tualatin Development Corp. - S.W. Durham Road Sewer Extension (3342 feet long). (a) Recommendation of City Administrator. 8. APPROVE SANITARY SEWER CONTRACTS - George K. Heusser - Lot 6 Tippitt Place & Chester Curry, 9976 S.W. Garrett Avenue (a) Recommendation of City Administrator. 9. RESOLUTION No. 76 A RESOLUTION PETITIONING THE STATE OF OREGON TO ENACT A STATE REVENUE SHARING PROGRAM. (a) Recommendation of City Administrator. 10. RESOLUTION No. 76- A RESOLUTION OF THE CITY COUNCIL PROPOSING THAT WASHINGTON COUNTY PLANNING COMMISSION/WASHINGTON COUNTY BOARD OF COMMISSIONERS ACT TO CHANGE THE NAME OF CERTAIN ROADWAYS, HEREIN SPECIFIED, ADJACENT TO CITY LIMITS. (a) Recommendation of City Administrator. 11. ORDINANCE No. 76- AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 10.28 { OF THE TIGARD MUNICIPAL CODE BY ADDING TO SECTION 10.28.030 TO PROVIDE MOTOR BUS LOADING AND LAYOVER ZONES; FIXING AN EFFECTIVE DATE. (a) Recommendation of City Administrator. 12. ORDINANCE No. 76- AN ORDINANCE AMENDING SECTION 10.28.130 OF THE TIGARD MUNICIPAL CODE TO PROHIBIT PARKING ON THAT PORTION OF S.W. WALNUT STREET GENERALLY DESCRIBED AS THE NORTHERLY SIDE OF WALNUT STREET LYING BETWEEN THE FOWLER JUNIOR HIGH SCHOOL DRIVEWAY ENTRANCE AND A POINT 490 FEET, PLUS OR MINUS, WESTERLY OF SAID DRIVEWAY ENTRANCE. (a) Recommendation of City Administrator. 13. ORDINANCE No. 76- All ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY DONALD FORBES FOR AN AMENDMENT OF THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT OF A TRACT OF LAND DEPICTED ON WASHINGTON COUNTY TAX MAP 35 B AS TAX LOT 2000, FROM (R-7) SINGLE FAMILY RESIDENTIAL TO (C-4) NEIGHBORHOOD COMMERCIAL, GRANTING THE APPLICATION AND FIXING AN EFFECTIVE DATE. Request by Construction Services, Inc. for zoning map amendment to rezone a parcel of land located at S.W. Greenburg Road and Shady Lane, from R-7 Single Family i' Residential to C-4 Neighborhood Commercial. (a) Recommendation of Planning Director. 14. PUBLIC HEARINGS - Commencing at 8:00 P.M. PAGE 2 - COUNCIL AGENDA AUGUST 9, 1976 (a) HUD APPLICATION - Tigard City Council is requesting input to discuss making final application to the Housing and Urban Development Department for a Housing and Community Development Block Grant for Fiscal Year 1976-77. (1) Public Hearing Opened (2) Statement By Planning Director (3) Public Testimony (4) Recommendation of Planning Director (5) Public Hearing Closed (6) Consideration by Council (b) CONDITIONAL USE - Review by the City Council of Conditional Use by R. C. Malin Company to locate a Department of Motor Vehicles building in a M-4 zone (Industrial Park) at 12985 S.W. Hall Blvd. (Wash. Co. Tax Map 2S1 2DA, Tax Lot 200). (1) Public Hearing Opened (2) Statement' of Facts by Planning Director (3) Public Testimony Proponents Opponents Cross Examination (4) Recommendation of Planning Director (5) Public Hearing Closed (6) Consideration by Council (c) 1976-77 BUDGET (1) Public Hearing Opened (2) Public Testimony (3) Public Hearing Closed (4) Consideration by Council (5) RESOLUTION No. 76- RESOLUTION APPROVING TBUDGET,HE VALOREM TAX LEVVYFORTHEGENERALDECLARING THE FUND AND AD MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1977. (d) ZONE CHANGE - Request by Farmer's Insurance Group for an amendment to a Planned Development(!signing program) located betweed S.W. 66*h Avenue on the east and Highway 211 on the west. (Wash. Co. Tax Map 2S1 1D, Tax Lots 100, 200, 300, ra 400, 500, 701, 1100). (1) Public Hearing Opened (2) Statement of Facts by Planning Director (3) Public Testimony Proponents Opponents Cross Examination (4) Public Hearing Closed (5) Consideration by Council 15. REPORT - Park Board recommendations regarding City parks. lr OTHER (a) Main Street Beautification Status (b) Status Report on C.C.I. Meeting -, 17. ADJOURNMENT PAGE 3 - COUNCIL AGENDA - AUGUST 9, 1976 _. i (4- T I G A R D C I T Y COUNCIL U N C I L ' — — -- — — — — REGULAR MEETING MINUTES AUGUST 9, 1976 1 . ROLL CALL: Present: Mayor Wilbur A. Bishop; Councilmen John E. Cook, Alan W. Mickelson, Robert C. Moore, Lynn R. Wakem; Lieutenant Donald L. Rea, Police Department; J.D. Bailey, Legal Counsel; Richard Bolen, Planning Director; Bruce P. Clark, City Administrator; Doris Hartig, City Recorder; Arline O'Leary, Administrative Assistant. 2. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS (a) Legal Counsel reported City of Tigard was being sued by Mr., Werner in regards to annexation of land which he was providing garbage services. Legal Counsel further reported there was no word on the PGE litigation. 3� APPROVAL OF MINUTES - July 26 and August 2, 1976. (a) Motion to approve: Councilman Cook, seconded by Councilman Wakem. Approved by unanimous vote of Council. 4. APPROVAL OF EXPENDITURES AND INVESTMENTS: $1.38,709.96 (a) Motion to approve: Councilman Cook, seconded by Councilman Wakem. Approved by unanimous vote of Council. 5. WRITTEN COMMUNICATIONS: Unified Sewerage Agency re: plant equipment. Metropolitan Service Dist. re: solid waste resource recovery program. (a) Motion to receive and file: Councilman Cook, seconded by Councilman Wakem. Approved by unanimous vote of Council. 6. SETTING OF PUBLIC HEARINGS: (a) Motion by Councilman Cook, seconded by Councilman Wakem to set the following items for public hearing on August 23, 1976 commencing at 8:00 P.M. at Fowler Junior High School: (1) ZONE CHANGE - Request by Fletcher, Hansen & Parson for a general plan and program review of a proposed commercial-office park Planned Development located at the southeast corner of S.W. 72nd Ave and S.W. Varns Rd. (Wash. Co. Tax Map 2S1 1D, Tax Lot 900). j. (2) RENAME EXISTING DEDICATED STREETS - Request by City of Tigard: a. S.W. 77th Avenue (old name) to S.W. Cherry Drive portion lying south of SW Varns Street running south to SW Fir Street. b. S.W. Cherry Street (old name) to S.W. Cherry Drive portion lying south of S.W. Fir Street running south A and east to S.W. 72nd Avenue. c. S.W. Watkins Avenue (old name) to S.W. Brookside Avenue portion lying northeast of S.W. Walnut Street and running northeast 471 feet. d. S.W. Watkins Court (old name) to S.W. Brookside Court portion lying northwest of S.W. Watkins Avenue and running northwest 206 feet. e. S.W. Post Road (old name) to S.W. Greens Way portion lying south of S.W. Summerfield Drive and running south and west 694 feet. f. S.W. Post Road (old name) to S.W. Greens Way portion lying south of S.W. Summerfield Drive and running south and east 299 feet. Approved by unanimous vote of Council. 7. APPROVE REFUND - Chester Curry - Sewer Connection Fee - $235.00 (a) City Administrator explained refund request and recommended a refund of $235.00 to Mr. Curry. (b) Motion to approve refund; Councilman Moore, seconded by Councilman Cook. Approved by unanimous vote of Council. 8. APPROVE SANITARY SEWER COMPLIANCE AGREEMENT - Tualatin Development Corp. - S.W. Durham Road Sewer Extension (3342 feet long) . (a) City Administrator recommended Council approval. (b) Motion to approve; Councilman Moore, seconded by Councilman Wakem. (c) Discussion followed by Council and staff. Approved by unanimous vote of Council. 9. APPPOVF, SANITARY SEWER CONTRACTS - George K. Heusser, Lot 6 Tippitt Place and Chester Curry, 9976 S.W. Garrett Ave. (a) City Administrator recommended approval of both contracts. (b) Motion to approve; Councilman Wakem, seconded by Councilman Cook. Approved by unanimous vote of Council. 10. RESOLUTION No. 76-63 A RESOLUTION PETITIONING THE STATE OF OREGON TO ENACT A STATE REVENUE SHARING PROGRAM. (a) City Administrator stated resolution was prepared at the direction of Council and recommended Council approval. (b) Motion to approve; Councilman Cook, seconded by Councilman Mickelson. Approved by unanimous vote of Council. PAGE 2 - COUNCIL MINUTES - AUGUST 9, 1976 11RESOLUTION No. 76-64 A RESOLUTION OF THE CITY COUNCIL PROPOSING THAT WASHINGTON COUNTY PLANNING COMMISSION/WASHINGTON COUNTY BOARD OF COMMISSIONERS ACT TO CHANGE THE NAME OF CERTAIN ROADWAYS, HEREIN SPECIFIED, ADJACENT TO CITY LIMITS. (a) City Administrator recommended Council approval. (b) Motion to approve; Councilman Mickelson, seconded by Councilman Cook. Approved by unanimous vote of Council. 12, ORDINANCE No. 76-30 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 10.28 OF THE TIGARD MUNICIPAL CODE BY ADDING TO SECTION 10.28.030 TO PROVIDE MOTOR BUS LOAD- ING AND LAYOVER ZONES: FIXING AN EFFECTIVE DATE. (a) City Administrator recommended approval. (b) Motion to adopt; Councilman Cook,, seconded by Councilman Mickelson. (c) Discussion followed by Council and stuff. Approved by unanimous vote of Council. 13. ORDINANCE No. 76-31 AN ORDINANCE AMENDING SECTION 10 28. 130 OF THE TIGARD MUNICIPAL CODE TO PROHIBIT PARKING ON THAT PORTION OF S.W. WALNUT STREET GENERALLY DESCRIBED AS THE NORTHERLY SIDE OF WALNUT STREET LYING BETWEEN THE FOWLER JUNIOR HIGH SCHOOL DRIVEWAY ENTRANCE AND A POINT 490 FEET, PLUS OR MINUS, WESTERLY OF SAID DRIVEWAY ENTRANCE. (a) City Administrator recommended approval, (b) Motion to adopt; Councilman Mickelson, seconded 'by Council- man Cook. Approved by unanimous vote of Council. 14. ORDINANCE No. 76-32 AN ORDINANCE ADOPTING FINDINS WITH RESPECT TO AN APPLICATION BY DONALD FORBES FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT OF A TRACT OF LAND DEPICTED ON WASHINGTON COUNTY TAX MAP 35 B AS TAX LOT 2000, FROM (R-7) SINGLE FAMILY RESIDENT- IAL TO (C-4) NEIGHBORHOOD COMMERCIAL, GRANTING THE APPLICATION AND FIXING AN EFFECTIVE DATE. Request by Construction Services, Inc. for zoning map amendment to rezone a parcel of land located at S.W. Greenburg Road and Shady Lane, from R-7 Single Family Residential to C-4 Neighborhood Commercial. (a) Planning Director stated the Ordinance was prepared at the direction of Council and recommended Council adoption. PAGE 3 - COUNCIL MINUTES - AUGUST 9, 1976 (b) Motion to adopt; Councilman Cooky seconded by Councilman Mickelson. Approved by unanimous vote of Council. 15. PUBLIC HEARINGS - 8:00 P.M. (a) HUD APPLICATION - Tigard City Council requested input to discuss making final application to the Housing and Urban Development- Department for a Housing and Community Development Block Grant for Fiscal Year 1976-77. ( 1) Public Hearing Opened. (2) Planning Director reiterated what The grant covered. (3) Public Testimony: Unidentified person stated he was supportive of the application. Mrs. Manley, Tigard - Questioned if road would we widened before putting in pedestrian/bikepath. Mr. Mack, S.W. Greenburg Road - Expressed concern about drainage ditch and narrowness of road. Roscoe Winters, 11545 S.W. Greenburg Road - Questioned which side of road pathway would he developed and also expressed concern about irfrirgmer_ of his property . Marvin Winters, Rt. 4 Box 242, Hi1.�?sboro - Expressed concern about street development. (4) Planning Director recommended Council approval. (5) Public Hearing Closed. (6) Motion by Councilman Mickelson, seconded by Councilman Cook to approve HUD application and adopt resolution No. 7_6_65. Approved by unanimous vote of Courc;i,. (b) CONDITIONAL USE - Review by the C._ty Cour_cil of Conditional Use by R.C. Malin Company to locate a .Department of Motor Vehicles 'building in a M-4 zone (Industrial Par)-) at 12985 S.W,, Hall Blvd. (Wash. Co. Tax Map 2S1 2DA, Tax Lot 200) , (1 ) Public Hearing Opened. (2) Planning Director reviewed Planning Commission's approval of Conditional Use 18-76 subject to the following conditions: 1. That Design Review emphasize vegetative landscaping along S.W. Hall and S.W. Burnham. 2. The right of way necessary to bring S�W. Hall Blvd. and S.W. Burnham St. to code be dedicated. 3. The applicant agree to participate in the LID on S.W. Burnham St. and S.W. Hall Blvd. Planning Director further stated the motion that approved CU 18-76 also included approval of a varience (V-5-76). PAGE 4 - COUNCIL MINUTES - AUGUST 9, 1976 (3) Public Testimony: Proponents: Dick Malin, Developer, Beaverton,; Oregon Mr. Malin explained site plan and State bidding procedure. Mr. Malin further stated he had developed a number of similar facilities for the State Highway Department. Mr. Malin also submitted written commeri. s from Mr. Lothar Schramm of Schramm Plastic Products, inc., , 8770 S„W. Burnham Street. Opponents: Pete Kolleas, 10855 S,W. Park, Tigard Mr. Kolleas expressed concerns about traffic, road conditions, driver safety* and size of site. Mr. Kolleas further read a communication from Edward Warmoth, Coordin- ator of Washington County Traffic Safety Commission; which stated the site in questiotl was inaroropriate for the proposed use by the Motor Vehicle Division. John Costello, State Depar`•,me-i, of General Services, stated he and Robert Dow, Motor Vehicle Division, were present to answer any questions from the audience or Council. Charles (Jack) St Clair, 11675 S. J. 66th (NPO #4 member) Mr. St Clair stated the site would generate too much traffic and was too small. Cross Examination: Council questioned Mr. Costello and Mr. Dow in regards to approximate number of customers per day to use the facility. Mr. Dow responded the Beaverton office averaged 381 transactions per day and an estimated 30% was Tigard transactions. He also pointed out .estimated figures did not include people coming in for Pictures nor drop ins for general informatior.. Council further questioned if the State had actual Projected figures to be anticipated if facility was in Tigard. Mr. Dow responded no. Council asked the number of staff proposed to work at the facility. Mr. Dow responded 7. Council expressed specific concerns in regards to the hazardous location and poor visibility of proposed site. PAGE 5 - COUNCIL MINUTES - AUGUST 9, 1976 Discussion followed by Council, -staff, !4r., Dow and Mr. Costello in regards to vehicle safe:•y� site access, signing, stop lights, 3lterr_afive sites or. Burnham and size of face ll ity.. Unidentified person, 9117 S.W. Burnham -- asked Planning Director to explain hoer wide Barnha= would be if im- proved. Planning Director responded the nP0 plans crii-ted fol' 60 feet of right or way. (4) Planning Director referred 4o a leY.t r to Mr. Malin from the State Highway Dept. in which they expressed concerns about traffic at proposed site in that. :hey said they would approve a permit, for nigh_ t>a: .. . ., ;+ on liai ,. Blvd. Planning Director further scared he -,`.�om:mended denial of appl.1cation based on the findings that 1 . Proposed use ys 1.gh �raft i;; generator and the access problems related -�o this render it inappropriate for thv proposkµa use, 2. The site is no:; appropriately sized situated for the proposed truck tr,affi. , 3. No demonstrated conce-rn is the S,ate`' s bid specifications for traffic ;safety bu-;, rather for the licensing and yone'tary needs of the Stage, (5) Public Hearing Closed. (6) Council and staff reviewed t.j e facts and --he Pian-_' g Director's recommendation for Council further requested au o In or: from L t. Rea con- cerning the proposed site.. Lt. Rea stated the site locaitor: :. questio:i was already a dangerous intersect i or: with hazardous v;s i b'11 ty problems. Lt. Rea 'further s+aced a s,-o sign f n thea m:dd"e of a curve on Burnham would not- to apprrjpriate and a right hand only turn on Hall Blvd. wo•--Ld never b¢ adhered o� Motion by Councilman Moore,, seconded by Councilman Cook to deny CU-18-76 based on staff recommends dicn and Council ' s concern that the proposed use for site lould compound hazard- ous problems that already exist on S.W. Burnham Street and S.W. Hall Blvd. Councilman Mickelson stated support. of motion and added the the following additional reasons for denial. of CU-18-76: 1 . No allowance made for increase or grovzh that Tigard is experiencing. 2. Site clearence was inadequaye. 3. Concern in regards to traffic increase on surround- ing residential streets. PAGE 6 - COUNCIL MINUTES - AUGUST 9, 1976 Council questioned Legal Counsel in regards to dispostion of the variance (V-5-76) approved by Planning Commission simul- taneously with CU-18-76. Legal Counsel stated, if motion is approved for denial, variance would also fail. Motion to deny Motor Vehicle Division request :approved by unanimous vote of Council. Unidentified person asked Counctl t,o clarify denial in .regards to variance. Council stated the variance was den?ed with the conditional use permit request. Mr. Costello asked Council .for an informal indication if Council's concerns involvl1ng the particular site extended to other sites on Burnham. Council, informally, concurred an--y site on a rnham would not be considered appropriate: for the proposed use especially the sites closer to Main Street. Mr. Malin commented the procedure was serio-usly flawed when the developer and the State were subject to cross examination and substantiation of what they stated and yet the Planning Director was able to make st:a`ements for reasons of denial without being cross exam,nad. Council reminded applicant and audience the hearing had not been re-opened for further testimony , (c) 1976-77 BUDGET (1) Public Hearing Opened. (2) Public Testimony - None (3) Public Hearing Closed. (4) Discussion followed by Council and s gaff. (5) RESOLUTION NO. 76-66 A RESOLUTION APPROVING THE BUDGET , DECLARING THE AD VALOREM TAX LEVY FOR THE GENERAL FUND AND MAKING APPROPRIATIONS rOR THE FISCAL YEAR ENDING JUNE 30, 1977. Motion to approve Resolution No, 76-66; Councilman Cook, seconded by Councilman Wakem. Approved by unanimous vote of Council. (d) ZONE CHANGE - Request by Farmer's Insurance Group for an amend- ment to a Planned Development (signing program) located between S.W. 66th Avenue on the east and Highway 217 on the west. (Wash. Co. Tax Map 2S1 1D, Tax Lots 100, 200, 300, 400, 5009 701 , 1100) . (1) Public Hearing Opened. K (2) Planning Director reviewed history of request. PAGE 7 - COUNCIL MINUTES - AUGUST 9, 1976 Mr. Ferris of 107 N.W� 5tth, Portland, presented the proposed ower sign, street signs and directional signs. Mr. Ferris further explained there would be a temporary sign,, with leasing .information on the tower sign. (3) Public Testimony: Proponents - None Opponents - None Cross Examination - None (4) Public Hearing Closed. (5) Council and Mr. Ferris discussed the appearance and necessity for the temporary 615-1: Council also discussed what "temporary" meant in retards to .he leasing sign., Mr. Bill Finley, Project Arihitec11-, explained the need for the leasing sign and stated the sign would be temporary. Motion by Councilman Cook, seconded b-,- Councilman Wakem to direct staff to prepare proper ordinance allowing zone change and placing a two -rear time l,mit on the temporary sign. Approved by unanimous vote of CnIl- cll REPORT - PARK BOARD (a) Fred Cooper reported the Park Board h,5kd been or; a f°e)d -r jp to review existing park .facil.it;us. Mr Cooper re-r7i� wFd Z:,t of improvements endorsed by Park Board. Mr, Cooper further reported a bank accour.rt nad teen or_.,ened -I der the name "Friends of Tigard Parks" and they now have �2, OC) ilei aside for Liberty Park. 17. OTHER (a) MAIN STREET BEAUTIFICATION STATUS City Administrator .reper-ed Frolect was almost comp_-t-d. Cl-y Administrator further stated a sprinkl system wo;.yid be put In at island at south end of Ma;x, St (b) STATUS REPORT ON CCI MEETING Assistant Planner John Law summarized meeting of August 5th. Assistant Planner further reported a motion. passed by unanimous Vote of CCI members, was - "that the CCI convey to the City Council that no misconduct has been fo0_U_nd on the par-: of either Mr. Kroese or Mr. Anctil. In the area of conflict of 1:--rest there is a possibility of confi.ict on ;he part of Mr. Arctil but not on the part of Mr. Kroese, and that the possibility for conflict of interest on Mr. Anctil°s part Is without proof, The CCI feels that there has been a lack of commuricatiL on the part of the NPO members and who they represent as well as the NPO members as a group and that all NPO members be aware of the possibility of conflict of interest and disoualify themselves from voting on any issues if such should exist,. PAGE 8 - COUNCIL MINUTES - AUGUST 9, 1976 Assistant Planner stated the Council would be receiving a copy of the minutes from the CCI meeting. (c) STARK - OLSON ANNEXATION City Administrator reported he and staff were meeting with citizens in the area of proposed annexation, Thursday evening at 7.30 P.M. City Administrator further stated Mr and Mrs. Sunamoto, (property corner of Wal.rut and 135th) had signed a petition for annexation. City Administrator recommended Council approval to include Sunamoto petition wi_h Stark-Olson Annexation. Motion by Councilman Cook, seconded by Councilman Wakem to approve, by voice resolution the Sunamoto petition to be included with Stark-Olson annexation and forwarded to the Portland Metropolitan Area Local Government BourdarT Rev.ew Commission. Approved by unanimous vote of Council, (d) BARNUM PARK ANNEXATION Council requested information about Barman Park annexation and directed staff to notify Council of all actions of that type in the future. (e) COUNCIL CORRESPONDENCE Council directed staff to start circulating copies of 311 cor- respondence at study sessions for Council review. (f) MOBIL HOME PERMITS City Administrator called Council7s at-tention to communication from State and explained the City could contract with the Sate to do mobil home site inspections. City Administrator further explained if the City chooses to contract with the Sate,, the City would retain 85% of permit fees. Council requested further consideration of contracting with the State at Study Session on the 16`.h. (g) METROPOLITAN SERVICE DISTRICT City Administrator advised Council 411-he local franchised sanitary collectors would probably be requesting Council approval to in- crease pick-up fees in order to cover increased hauling fees. (h) USA COMMUNICATION City Administrator reported the USA will be stripping useable sewage treatment equipient from Tigard Sewer Plant site., (i) ECONOMIC DEVELOPMENT ADMINISTRATION BILL City Adminstrator reported the bill will provide public works construction funds. City- Administrator further stated within 30 days EDA will provide guidelines and application forms. PAGE 9 - COUNCIL MINUTES - AUGUST 9, 1976 City Administrator recommended Council be considering possible projects to be funded such as: Commercial Street project. Secondary restrooms at new field area in Cook Park. Demolition of sewage treatment plant facilities. (j) IETTER FROM ORE. STATE HIGHWAY DIP. City Administrator called Council attention to letter from State Highway Div. stating the speed limit on Ore 99W has been lowered from 50 to 45 MPH. (k) City Administrator advised Council of dispute between R;•an Development and Commonwealth in regards to subdivision comoli.- ance agreement. 18� ADJOURNMENT 11 : 10 P:M. ATTEST: City Recorder Mayor PAGE 10 - COUNCIL MINUTES -AUGUST 9, 1976 BILLS PRESENTED FOR PAYMENT AUGUST 9, 1976 .:NERAL FUND - U. S. NATIONAL BANK Check No. 19333 Paulette McCracken - Mileage (16) $ 6.00 19334 Roger Thomssen - Recorriing (20.2) 9.00 19335 Arline O'Leary - Mileage (12) 4.95 19336 Rogene Regehr - RecountElection Board (10) 9.00 19337 Valarie Arneson - Recount Election Board (10) 9.00 19338 Josephine Graham - Recount Election Board (10) 9.00 19339 Eunice Schwartz - Recount Election Board (10) 9.00 19371 Public Employee Retirement Board - Social Security (11) 42.06 (12) 146.13 (13) 173.88 (14) 179.40 (14.1) 114.54 (16) 1275.90 (16.3) 69.91 (18) 9.28 (612)• 2011.10 4,022.20 19372 U. S. National Bank - Federal Withholding (613) 4,851.40 19373 State of Oregon - State Withholding (614) 1,765.00 19374 Banker's Life - Police Retirement (608A) 1,269.16 19375 I.C.M.A. - Administrator's Retirement (12) 110.00 19376 Tigard Community Federal Credit Union - Payroll Withholding (609A) 416.52 19377 Tri-County Federal Credit Union - Payroll Withholding (609C) 130.00 19378 Washington County Federal Credit Union - Payroll Withholding (609B) 831.00 19379 T.P.O.A. - Payroll Withholding (611) 346.00 19380 Western Life Ins. - Police Insurance (16) 49.40 (16.3) 2.60 (618) 6.50 58.50 19381 Oregon.iAdministration Co. - Payroll Withholding (619) 23.93 19382 Oregon Dental Service - Dental Insurance (11) 14.88 (12) 38.42 (13) 23.54 (14) 38.42 (16) 353.26 (16.3) 23.54 492.06 19383 Mr. C's Camera Shop - Film & Processing (14) 5.67 (16) 6.52 12.19 19384 Carpet Classics - Carpet (14.1) 100.98 19385 Columbia Maintenance - Janitor (16) 52.00 (18) 251.00 303.00 19386 Doug's Auto Parts - Auto Supplies (13) 3.03 (16) 93.58 96.61 19387 Richard Daniels - Mileage & Subsistence (14) 6.95 19388 Nancy Edwards - Mileage & Subsistence (14) 20.64 19389 John Laws - Mileage & Subsistence (14.1) 4.40 19390 Faye Sundt - Mileage (11) 4.80 19391 Sec. of State - Election Division - Poll Books (10) 16.25 19392 I.B.M. Corporation - Lift-off Tape (14) 13.50 19393 Maryatt - Laundry (20) 10.00 19394 Miller's Automotive - Repair front end #6 (16) 12.50 19395 Nudleman Bros. - Uniforms (16) 60.90 19396 N.W. Natural Gas - Utilities (16) 4.53 (18) 8.99 (20) 22.24 35.76 19397 Power Rents - Equipment Rental (20.2) .50 19398 Rentex - Laundry (18) 13.50 (16) 5.80 19.30 19.399 Simplex Time Recorder - Repair Time & Stamp Machine (16) 17.30 19400 Southwest Office Supply - Misc. Office Supplies (13) 14.40 19401 Tigard Lumber & Bldg. Supply - Misc. Bldg. (19) 2.80 19402 Tigard Times & Publication - Notice Public Hearings (10) 20.15 19403 Vic Alfonso Ford - #6 Axle . 3698 (16) BD U. S. National Bank - Bonds (16) 136.98 19405 Nancy Edwards - Institute of Planning (14) 131.00 00- 19406 Anthony Pelay - Judge (11) 432.00 19407 Otto Sorg - Rent (18) 2.50 $15,897.13 Payroll 22,330.26 General Fund Total $38.227.39 R` 3 E `R '4 a Page 2 Bills Payable August 9, 1976 1 411 -,VER FUND - U.S. NATIONAL BANK neck No. 19371 Public Employees Retirement Board - Social Security (101) 227.83 -i (612) 227.83 $ 455.66 19372 U. S. National Bank - Federal Withholding (613) 561.90 19373 State of Oregon - State Withholding (614) 201.00 19376 Tigard Community Federal Credit Union - Payroll Withholding (609A) 50.00 j 19378 Washington County Federal Credit Union - Payroll Withholding (609B) 90.00 19381 Oregon Admin. Co. - Payroll Withholding (619) 6.66 j 19382 Oregon Dental Service - Dental Insurance (108) 61.98 19386 Doug's Auto Parts - Misc. Auto Supplies (210) 43.23 3221 Aerial Mapping - Tape Mylar (291) 75.00 3222 Gelco Grouting Service - Progress Payment # II (291) 16,900.75 3223 Oregon State Highway Department - Final Annual Payment (31-410) 4,283.50 3224 Unified Sewerage Agency (753-755.1) 63,423.57 4065 A-Boy West - Plumbing Supplies (240) 25.31 $86,178.56 Payroll 2,624.70 Total Sewer Fund $88.803.26 STATE TAX STREET FUND - U.S. NATIONAL BANK Check No. 19371 Public Employees Retire. Board - Social Security (101) 207.94 (612) 207.94 $ 415.88 19372 U. S. National Bank - Payroll Withholding (513) 506.00 19373 State of Oregon - Payroll Withholding (614) 181.00 19376 Tigard Community Federal Credit Union - Payroll Withholding (609A) 131.84 19378 Washington County Federal Credit Union - Payroll Withholding (609B) 90.00 19382 Oregon Dental Service - Dental Insurance (108) 61.98 19386 Doug's Auto Parts - Misc. Auto Supplies (210) 57.02 (220) 18.86 75,88 19401 Tigard Lumber & Bldg. Supply - Misc. Bldg. Supplies (220) 84.96 (240) 6.00 90.96 19397 Power Rents - Equip. Rental (220) 52.00 4065 A-Boy West - Misc. Plumbing Supplies (220) 31.87 (240) 1.52 33.39 4066 Empire Pacific Industries - Parts for locks for restrooms (240) 17.77 4167 Firestone Stores - Tube (210) 8.29 4068 Frahler Electric - Labor & Material Starter Pump (240) 89.88 4069 Portland Electric & Plumbing - Amp Tester (220) 27.85 4070 P. G. E. - Street Lighting (282) 2,202.82 4071 Roto-Rooter - Pump septic tank (291) 100.00 4072 Tigard Sand & Gravel - Rock & Sand (220) 112.98 $4,198.52 Payroll 2,456.45 Total State Tax Street $6,654.97 FEDERAL REVENUE SHARING FUND - U. S. NATIONAL BANK Check No. 19371 Public Employees Retire. Board - Social Security (15) 60.96 (17) 50.37 (21) 148.74 (612) 260.07 $ 520.14 19372 U. S. National Bank - Federal Withholding (613) 753.40 19373 State of Oregon - State Withholding (614) 305.00 ;76 Tigard Federal Credit Union - Payroll Withholding (609A) 301.72 9381 Oregon Admin. Co. - Payroll Withholding (619) 7.28 19382 Oregon Dental Service - Dental Insurance (15) 14.88 (21) 47.08 61.96 19385 Columbia Maintenance - Janitor (15) 28.00 Page 3 Bills Payable August 9, 1976 t. FEDERAL REVENUE SHARING FUND - U.S. NATIONAL BANK (Cont.) Check No. 19396 N. W. Natural Gas - Utilities (15) $ 7.66 19398 Rentex - Laundry (15) 8.65 19402 Tigard Times & Publication - Notice of Budget Hearing (21) 113.60 4057 Roger Thomssen - Recording (21) 39.00 4058 Roger Thomssen - Recording (21) 22.50 4059 J. C. Penney's - Unisonic Calculator (18) 39.95 BD U. S. Bank - Bonds (610) 18.75 19407 Otto Sorg - Library Rent (15) 238.00 $2,465.61 Payroll 2,645.83 F.R.S. Fund Total $5.111.44 Total Bills Payable $108,739.82 Payroll 30,057.24 $138 797.06 r' €--ti p.:►� ��� UNIFIED SEWERAGE AGENCY JUi 2 u 1975 OF WASHINGTON COUNTY CITY nF TlGARD ADMINISTRATION BUILDING—ISO N. FIRST AVENUE HILLSBORO, OREGON 97123 (503) 648-8621 BOARD OF COMMISSIONERS Joel Wesselman VIRGINIA DAGG.Chairman General Manager 4 Room 302 RICHARD C.HEISLER RAY MILLER J.ALLAN PATERSON E1 MICHAEL SHEPHERD July 27, 1976 Mr. Bruce Clark City Administrator City of Tigard P. 0. Box 23997 12420 S. W. Main Tigard, Oregon 97223 Dear Bruce: I wish to confirm our recent conversations regarding the Tigard ; Sewage Treatment Plant and that equipment the Unified Sewerage Agency plans to remove from the plant. In accordance with the terms and conditions of the contract between the Unified Sewerage Agency and the City dated September 8, 1970, the Agency intends to remove cer- tain equipment from the facility but does not intend to demolish the facility. Commencing August 1, 1976, the Agency intends to remove the following equipment within a six month period: i 1. All electric motors and gear reduction units from the clarifiers. i 2. Air compressors and receiver tank from the raw sewage r pump station. 3. The raw sewage pumps and variable 'drive units from the raw sewage pump station. 4. All flow meters. i 5. Laboratory equipment. 6. All drawings and records will be moved to the Durham Plant. 7. The positive displacement reciprocating pump and the Wemco Pump base. 8. , The chemical feed pump. 9. The waste gas burner and regulator. 10. The raw sewage communitor. 11. Two filter recirculation pumps. 12. The blower from the trickling filter recirculation pumphouse. 13. The chlorine scales. 14. The clorinator. x 15. The aerator mechanisms. 16. The Westinghouse electric panel and the General Electric AC variable torque drive units and support controls. '9 g Mr. Bruce Clark -2- July 27, 1976 17. TT%7o Cornell pumps adjacent to the aerators. 18. The cat walks leading to the aerator tanks. 19. The bolt-down type guard rails or. the clarifiers. 20. Gas safety equipment. 21. The chlorine hoist and beam. As provided for in the contract, the Agency does have a six-month period to remove this equipment and the property does revert to the City at that time. As indicated previously, we propose that six- month period to begin on August 1. However, it is possible that the Agency will complete its equipment removal prior to the expiration { of the six-month period and, should that occur, we will advise you of the completion and revert the property to the City. We would appreciate knowing whether the City wishes the power to be left on 'e at the time of reversion. If you have any questions regarding this matter, please contact US. a Very truly yours, i 1 . ary Y. rahmer Assists t General Manager, Operations GFK:by cc: Michael B. Mathews, Manager, East Basin Operations s x y y METROPOLITAN SERVICE DISTRICT 1220 S.W. MORRISON,ROOM 300,PORTLAND,OREGON 97205 222-3671 AUG " 1975 July 26, 1976 CITY OF. TIGARD File #1. 20.A.8/6 Mr. Bruce Clark City Manager PO Box 23557 Tigard, Oregon 97223 Dear Mr. Clark: On April 20, 1976, I sent you a letter outlining the Metropolitan Service Districts (MSD) Solid Waste Resource Recovery Program and it' s status. You will recall at that time, MSD was in the process of requesting funds from the State of Oregon to implement the Program. Further, once funding was approved by the State, MSD's Ordinance 33 became effective. This ordinance imposes a user fee on all solid waste disposed within the District. The amount of this user fee during Phase I is $1. 11 per ton of waste disposed or approximately 9G per residential can per month for weekly service. The MSD Board, by resolution, has requested that those local jurisdictions presently franchising garbage collection or establishing collection rates allow the pass through of the MSD user fee to the generator of the waste. On May 28, 1976, the State Emergency Board approved MSD's request for $11.2 million to implement the Resource Recovery Program. However, the Emergency Board placed a condition precedent to receiving these funds by requiring resolution of two legal issues. It is estimated that the legal process could take up to 12 months `o complete. Therefore, the impo- sition of the MSD user fee, originally projected to become effective in July, 1976, will be deferred until such time as the courts render their decision. I will keep you informed on the progress of the MSD Resource Recovery Program and imposition of the MSD user fee. The MSD staff will continue to be available to provide any assistance or documentation that you may require. If you have any questions, please feel free to contact myself or Mr.. Charles Kemper, MSD Solid Waste Director. ;Ray er ru y yours, z ller MSD Ca airman /ce SALEM: Local Government Center EUGENE: Hendricks Hall 1201 Court Street N.E. University o/Oregon P.O.Box 928,Salem 97308 P.O.Box 3177,Eugene 97403 lL ; Telephone:(503)588-6466 Telephone: (503)686-5232 a o f Oregon Cue �=� p+ Salem, Oregon �. VJZb July 15, 1976 JJi f To: (1) Mayers of Oregon Cities G'TY OF j1rA (2) City Managers or City Recorders l The attached suggested resolution is forwarded to your city at the request of the League's State Revenue Sharing Task Force, under the chairmanship of Mayor Les Anderson of Eugene. It is the task force's hope that your city council will officially endorse the state revenue sharing program by adopting a resolution, copies of which could then be sent to the Governor and legislators from your area. The enclosed form is only a suggested format; it should be modified and re-worded as your council thinks appropriate to reflect your city's position on the state revenue sharing program. The League task force believes it would be helpful if your city could identify, as specifically as possible, the service or program reductions your city had to make in adopting its budget for 1976-77. You might also wish to make a "best guess" estimate of the difference between estimated revenues and needed expenditures in your general fund for the years 1977-78 and 1978-79. These items of information would be useful In your city's resolution. During the recent series of League regional meetings, legislators time and again said they wanted to hear from city officials about -the problems cities are facing. The adop- tion of a resolution, with its updated financial information, will help keep your leg- islators informed of your city's position. Also enclosed is a copy of the mailing being sent to all legislators and candidates, advising of the Joint Platform on Local Government Finance adopted by city, county and school boards association boards of directors, and requesting legislators and candidates complete a questionnaire summarizing their opinions on the joint program. Some of them may be in contact with you while completing the questionnaire, and we - hope you' ll be willing to give them whatever information and assistance they need. The action of your council in enacting a resolution of support is vitally important to the success of the state revenue sharing program. Sincerely yours, ric7hard T. Carruthers Mayor, Town of Hammond { League President Enclosures OFFICERS: Richard T. Carruthers. mayor, Hammond, DIRECTORS: Mayor John D.Brenneman. Newport • Mayor Miller M. burls, Hillsboro Mayor Elaine president• Ellen C.Lows,councilwoman•Sate.,vice- Esselstyn,Cascade Locks • Mayor Lawrence P. Dray, Hermiston • Arthur R. Johnson, city manager, Bend President • C. Dean Smith, city manager, Corvallis, • Chanes R.Jordan, commissioner of public safety, Portland . Mayor Donnell Smith, The Dalt es • Tom R. treasurer• Donald L, Jones, executive director Williams,councilman, Eugene,immediate past president • Floyd L. Wynne, councilman. Klamath Fells July 30, 1976 Y 1 (memorandum) TO: City Administrator FROM: Building Official SUBJECT: Refund for Chester Curry On July 27, 1976, Mr. Chester Curry Who's address is 9975 SW Garrett Street applied for a sewer connection permit. Mr. Curry' s residence is outside Tigard City limits. Based on criteria furnished by Unified Sewerage Agency it was determined Mr. Curry would be issued a connection permit and the charges would be as follows: Permit fee $575.00 plus 25.00 inspection fee, and in liew of original assesment,$1117.87. At the time Mr. Curry was in the Unified Sewerage Agency office he was told the side sewer or lateral should have been extended to his property line from a "tee" in the main, and that if it wasn't he could have credit for installing the side sewer when he was con- nected. Mr. Curry obtained an estimate of cost from Modern Plumbing to do this work,since it has been determined that the side sewer is not in place. Therefore a refund of $235.00 should be made to Mr. Curry at this time. The charge of $235.00 has been judged a fair and reasonable price for this work. d E.T. Walden Building Official PHONE 639-3701 MODER* N PLUMBING Co. There Is No Substitute For Quality 9045 5.W, BURNHAM TIGARD, OREGON 97223 City of Tigard Cost of installing wye in main; 5 .00 Cost of extending sewer from wye to property line: 185.00 Total: $235.00 t MEMORANDUM To: Bruce Clark, City Administrator From: Richard Daniels, Associate Planner Re: S.W. Pacific Highway frontage road near S.W. Park Street The Planning Commission at their August 17th meeting approved a conditional use permit allowing a Family Activity Center including 11 tennis courts, 8 handball courts, swimming pool , roller skating rink and associated offices. As a condition to their approval they required full improvement of the frontage road to local street standards, realignment of the northern intersection of the frontage road, closure of the southern inter- section, and participation in a street light . In discussion with Terry Flink, State Highway Department, he stated support of the action and encouraged us to petition the Transportation Commission to change jurisdiction of the road to the City. The Planning Commission felt these improvements are necessary to make this site safe for the proposed use. Apparently these improvements cannot be made unless the jurisdiction of the road is changed to the City. Therefore, the project hinges on this action. i f layart D e-%relopm ent Co. 8700 S.W.26TH AVENUE• PORTLAND,OREGON 97219 TELEPHONE 503 245-2203 RECEWED AUG J 19-1"3 CITY: OF TIGARD August 9, 1976 Mr. Bruce Clark, City Manager City of Tigard 12420 S.W. Main Tigard, Oregon 97223 Dear Bruce: This letter is addressed to your attention as a request for council consideration of the "Englewood Tod' bikepath/pedestrian way zone change requirement. As you are aware, the Englewood planned-unit development was approved by the City of Tigard in October, 1973, with specific conditions to be complied with by the developer, Commonwealth Properties. Included in those requirements was the construction of a "six-foot wide meandering landscaped pedestrian/bikeway along and separated from the paved portion of S.W. Scholls Ferry Road". It was further specified that construction of the bikepath was to be completed prior to occupancy of any of the planned apartment complexes. Last fall our firm, Ryan Development Co. purchased a 40-unit site from Common- wealth and have since constructed and sold the completed project to a local area investor. Over the past two months we have , without success, attempted to have Commonwealth complete their obligations pertaining to Lot 89 in Englewood. At no time have we assumed responsibility to put in the bikepath. In purchasing the property, Commonwealth did not transfer to us in any way their obligation to comply with the original zone change conditions that included the installation of a bikepath on the property. Rick Daniels, an associate planner for the city, is aware of further background on this matter. We are anxious to have this issue cleared up and to have the pro- ject in compliance with the conditions set down by the city. It is our under- standing that Commonwealth Properties has an existing bond secured with the City for the Englewood development. It is our request that the Council review this matter and take whatever steps it believes necessary to resolve this issue. Sincerely, JB Bishop JBB:lsr General Manager CC: Phil Love, Owner Hal Russelle, Lincoln Savings and Loan Association f i r{ a J �. 1 rA' > y. p I � y j� fit. V i o _ .0 P . v --• .'_. � 1 . .r�r) ; .. , '.. .. ".. il 1. � , ..,. �d�a) 5. SALEM: Local Government Center EUGENE: Hendricks Hall 1201 Court Street N.E. University of Oregon P.O.Box 928,Salem 97308 P.O.Box 3177, Eugene 97403 g Telephone:(503)588-6466 Telephone: (503)686-5232 'w.+,wr•.n�' ^.env �' ..'t r m League of Oregon Cities w Salam, Oregon June 23, 1976 v, To: (1) Mayors of Larger Oregon Cities (2) Council Members of Larger Oregon Cities (3) City Managers or City Recorders of All Oregon Cities Enclosed is the announcement of a seminar for mayors, council members and city administrators being conducted by the National League of Cities in cooperation with the League of Oregon Cities and state leagues in other western states. The seminar will be held August 5-7 in San Francisco. We would appreciate it if you would assist in bringing the seminar to the attention of elected and key appointed officials of you city. We hope that it will be a useful seminar for those who are able to attend. Sincerely yours, Executive Director Enclosure -�+ OFFICERS: Richard T. Carruthers, mayor, Hammond, DIRECTORS: Mayor John D. Brenneman, Newport . .Mayor Miller M. Duris, Hillsboro Mayor Elaine President•Ellen C.Lowe,councilwoman,Salem,vice- Esselstyn,Cascade Locks • Mayor Lawrence P. Gray,Hermiston . Arthur R. Johnson, city manager. Bend president • C. DeanSmith, City manager, Corvallis, Charles R.Jordan, commissioner of public safety, Portland Mayor Donnell Smith, The Dallas • Tom R. _,� treasurer . Donald L. Jones, executive director Williams,councilman, Eugene,Immediate part president• Floyd L. Wynne, councilman, Klamath Falls LES AuCO1N WASHINGTON,OFFICE. IST DISTRICTS OREGON 329 CANNON HOUSE OFFICE BUILDING WASHINGTON,D.C. 20515 COMMITTEM (202)225.0855 BANKING.CURRENCY AND �orYgr¢s� of i � lYt�ebL�L�J DISTRICT OFFICE, HOUSING L •nJ s7i► I I .i6� :AERCHANT MARINE AND 345 UNITED STATES COURT HOUSE FISHERIES J�oum;e of Reprefientatfbes PORTLAND. �1 01 47205 Wagbinaton,MC. 20515 C July 7, 1976 Mayor Wilbur Bishop 10590 S.W. Cook Lane Tigard, Oregon 97223 Dear Mayor Bishop: What more appropriate way is there to celebrate the Bicentennial than to demonstrate our commitment to the most essential of all democratic institutions? The cornerstone of democracy is every citizen's right to choose his or her representatives through the election process. To emphasize the importance of voting during the Bicentennial year, Alameda, California, has issued a challenge to every community across the country to outdo it as "America's Votingest City". Already 121 cities in 35 states are involved. I urge you to join in this non-commercial show of patriotism and dedication to freedom by entering this competition. Enclosed is the rule sheet sent by Alameda. I am confident that Oregon communities will demonztrate that their spirit of citizenship rivals and indeed surpasses that of any city in the country. With best wishes, Sincerely, LES AuCOIN Member of Congress LA:lbb Enclosure si b AMERICA= -]F,ff- VW0%0-TUME ffmwm��Mlw 76 �! Competition to Become America's cotingest City byC,Wov.2.1976 OFFICIAL ENTRY FORM_ PART I - Acceptance Date we accept your challenge to be "America's Votingest City by November 2, 1976". Name Title PART II - General Data Name of City State Current Population Voter Registration on November 5, 1974: Voter Turnout on November 5, 1974: Certified by Title PART III - Liaison Name and Address of individual to correspond with: Name Please return to: Telephone (Daytime) Alameda Vote 176 Street Attention: Howard Barto P.O. Box 2230 Alameda, CA 94501 city zip code A CHALLENGE FROM —A CITIZENS'COMMITTEE 78 POSTOFFICE BOX 2230.ALAMEDA.CALIFORNIA 04501 (415)865.7804 /Iiwpw,(MInM.IM VOA 76 C,9 Competition to Become America's`Votingest City by.v`JVov.2.1976 VOTINGEST CITY COMPETITION GUIDELINES AND RULES The goal of the Alameda-Vote'76iAmerica.Vote'76 Bicentennial voting chal- lenge is to focus on the role of cads American as citizen—celebrating the hard-won freedom to build government ". . . .from the consent of the governed." This freedom binds us all together. The America-Vote '76 Rules Committee recognizes the complexity of differing state and local vote laws and differing data gathering resources. Thr following contest guidelines and rules represent our best effort to make the competition as fair as possible for all communities,but also as simple as possible. We depend on the good will and honesty of all participants to present pup•:la. tion and voting statistics as accurately as possible under the contest guiJJincs. a«+«•t«*«+«««««++•««+e««*««+«a+++«++««««««tr+u«•s+«a«r«+a«ars COMPETITIVE AWARDS IN lift. FOLLOWING 101"ING 1GF.POI'C'1.,1T1(1N CATEGORIES: If you use rhe 19li1 ,cn,,r- Ger p,irulation, aunt the 1. Increase in Registrauoh nuui-cu ui P::rsom le vea.rs tml order to docrminv A. In places which have not pmerd voter ro l% vntwg are P+polat on since Nov. 3, 1974 (removed na•n:s Iron) reg- It yuv c a rcvcut _,uu,..w tut poprda:rvn. vase van istration list for failute to %este) The highc.,t compute 0x pi scat ,otmx age populaitim '.•v the lot- increase of perccntayc of voting,:Fe popul.awn lowrre formula who are registered to vote batwccn the closing date of registration for thr No,.5. 1974 election Present•1^brit d/e 19.10 Young Age Pop t Pecert esbmale and the cl"ng date for registration for the Popui.rtior ;)1J'o!ai Pup nl total pop. Nov. 2, 1976 election. B. In places which h_ne Purged voter rolls .rncc CITIES 1%11.1 COMPEIE IN 'lilt 101 I' 117NG Nov. 5, 1974: The htglicvf incrcasr of percer.r POPUI,ATION C'ATF.GORIFS: age of voting age ropulation -ho rcgntcrcd l rider 500• :5,tx)I - V),(wIi to vote between the first official us.nt d rte• tOf - 2.5(t) Ah,tt)l - t1111.trr)p istered voters following the purge o voter rolls 501 - 12.50) ifR,Wl . 25Q(M after the Nov. 5, 1974 cictunn and the••lasing IO,tul 15.0(x) Over 25O,000 date for registration for No%. 2, 1976 clrctinn. Il. The greatest increase in peranpigc or rvgistrrcd If these divisions seer,,ut-tu sly disidcd or o.crcro%&d voters who volt on Nov,2, 1976 over perfentage of a' chalcnge, it, rccanrd. they will he ap,*oma sly registered voters who fated on Nov,5. 197::• changed. III.The highest percentage of voting age population registered to vote for the Nov. 2. 1976 elation. PRIZIiS IV.The highest percentage of registered voters who Prizes for nen-eorffet.tive lutegorm,: appropriate c0r- vote on Nov.2. 1976. tifi¢ates. Prizes for competitive categories wi6 he awards suitable for prideful public display. NON-COMPETITIVE AWARDS �. Awards for excellence will be given to communities CONTEST ENTRY DEADLINE whose voter turnout on Nov. 2, 1976 is over 707;,, Entries must be po,tmarked ScptemFr_r 1. 1976. 80%. 90% and 95%. It is possible for a community to win both a competitive and non-competitive award. ANNOUNCEMENT OF WINNERS POPULATION Official voting results must be postmarked Dec. 2, A challenging city may use population figures deter- 1976. This is 30 days following the election, the date mined in one of these ways 1. 1970 census figures. most communities must submit official returns to their L The most recent estimate by an official state or Secretary of State. Official announcement of winners local agency (city or county planning department nr will be made on December 30, 1976 as an appropriate state finance department). salute and ending to the Bicentennial Year. WE URGE EVERY AMERICAN CITY OF EVERY SITE TO JOIN IN THE SPIRIT OF FUN, CHALLENGE AND BASIC IDEAI-ISN1 WITH WHICH T14E CONTEST WAS FOUNDED. 'cv+r ds CLAM.£s. -� t A CHALLENGE FROM ,rr,vr --F CITIZENS' COlxMir,cr 3 i a r Larch 11, 1976 TO: Bruce Clark, City Administrator FROM: Russ Austin, Building Official SUBJECT: Overcharge Sewer Inspection Fee Through an oversight both owner and contractor paid a sewer inspection fee for side sewer being laid for future use by Federal Credit Union in the Farmers Insurance Group located at 67th & Hampton. I recommend that Council approve refund of $35.00 payment made by Modern Plumbing on March 9, 1976. usse1 Austin CITY OFTIGARD �: Date 2c)-?( Amount —� � dollars Nam i#`�, Cash ;'vl-O. 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Y O V ; r�'11 N O ipap M Y M ■Nd) w N Y ■ V Y rY CIAO Q .■ M Y Y . 7yM O U ■ M • ~ O M O Y � Y V • w MQ Y � ..•i rr M A Y •.-. ti g ■ v : y+N .03 UO { /'� • M Y Y • u y �ON d e� � N I ` BCCI gggY... Y � a O 5.1 � O � � M•M M+ yq• � H O pi pV Y ■ Npy Y Yp I t i RECEiVED IL 19/5 CITY OF TIGARD Commonwealth Properties,Inc. 3800 S.W.Cedar Hills Blvd.,Suite 225 Beaverton,Oregon 97005 i November 6, 1975 t Mr. Jerry Powell j Assistant Planner City of Tigard P. 0. Box 23557 Tigard, Oregon 97223 Re: ZC 12.75 and MLP 7.75 3 Dear Jerry: With reference to the above-captioned applications, it is the intention of Roger Belanich and Commonwealth Properties, Inc. , to appeal the action taken by the Tigard Planning Commission at their meeting of November 4 to the City Council. It would be appreciated if you would schedule this appeal for the council agenda of December 1 , 1975. A supplemental letter will be in your hands within a few days, detailing the basis of this appeal and addressing the question of whether it is to be based soley upon the record or is to be denovo. i Thank you for your assistance in processing this application. X Very truly yours, COMMONWEALTH PROPERTIES, INC. rnest E. Platt Project Manager EEP:ck cc: Roger Belanich Robert S. Ball a d4:n��c°"n11� STAFF REPORT Tigard Planning Commission November 4, 1975 MLP 7-75 Agenda Item 6.1* (continued) A request to partition a 9.53 acre site located on SW 121st . Avenue at S'd Scholls Ferry Road. (Tax lot 500, tax map lSl 34B) . Staff Findings 1. Subject parcel is to be divided into two parcels for the purpose of commercial development on the "front" half. 2. The proposed development conforms with the Tigard Community Plan. 3. Three streets front the parcel, none of which are improved to City standards.. 4. Dedication of 5 ft. right-of-way and improvement of SW 121st the length .of Englewood's development has been. agreed to by Commonwealth, but was not required as a 1 subdivision condition by the Tigard Planning Commission. Staff finds that inasinuch as there is now a specific plan for. the disposition of both sides of 121st, that a standard commercial street must be required under provisions of Chapter 17, Tigard Municipal Code. 5. Staff finds that development to City standards of 1.2.1st would effectively ovviate need for the previously required additional 10 ft. fronting Englewood's multi-family area on 121st. 6. Scholls Ferry is designated a major arterial. The City has, on adjacent development, required a 10 ft. additional dedication of right-of-way and agreement to provide such improvements, i.e. curbs and drainage improvements, as may be required by the state highway department and to provide a sidewalk/bikeway separated from the roadway. 7. Access should not be allowed within 100 ft. of Scholls Ferry on 121st due to conflicts with turning traffic at Scholls. SW 122nd is 40 ft. wide where a minimum of 50 ft. would be �J necessary were 122nd to be developed as a public street: 9. Should future development for commercial use be entertained on Scholls Ferry_to the west of the site, primary access ought to be off 122nd with no additional curb cuts to Scholls Ferry. 10. An extension of SW Springwood Drive, making the south boundary of the parcel has been proposed by the applicant. Staff page 2 �. Staff 1�port Item 6.1 11/4/75 finds that the Tigard Code, Chapter 17, . specifies a maximum "block" length of 1200 feet. The proposed street would bring the two parcels proposed into con- formance then with respect to future parcelization. 11. The Oregon State Highway Division has been contacted with respect to improvement of the 121st and Scholls Ferry intersection and will submit an opinion as to needed traffic improvements after study. i Staff Recommendations' to be read after close of public hearing a 9 F ' t 1 A 9 . *concurrent application with ZC 12-75 } i I;.` >1>SkN_ ►-�couu�a+aatrc:a.-s�raovtvr_n:Fxt�x'/'` nrvcwvs•wmi•str���.ar �.�.�i=�(,�1//,/v�vra,<r.•ti•arurs�+r-+�.�►+••. •.-rrr}t.•v+.fwr,�»� . i t H°v'•.Y. S r'iU .S7�E /N /Y/O!V. E'c,{'> I^ �L�r��� ' .r•., •fit+ 3. •: k'' ' ' r -. ! GI•Ly �t ice){.�(raN t f s (1 r. •I,1 Opt,Y•.j s � :LJ .• 4•• ,!,`. t +� _ -; {'}".,.1 - _ - 1,� I��i'•W •S II;FI:'T� ''Ifti r'' tf - t �� l fi��r :i.j '£•i •' 'pw•r�! .. � _.... -e f� �•: �' �..+,1.'"'. f�t�i �1 r` - = r =. 'Y 1 �..ir'�I{,y..1. 0. Peel; = /.2 Iva TA, /The- 7/gold 1 ,• p Fisc .-rt. ,'^•• FAGE X15 '. rM 01 :t37 >CkESIQ�itMID Tev - I•��3.�F�rrr Seo vy cHuecq ip S9;,,r 5,"E ��• •�� � r :zc.ao ��•'_ CflJi.�iZ pFC�T/a'� �i tiS .az L;t,C, yl 3Y CS' /--W- 1 /4 4111,16 FD Z'SO AxLE 5 S.L8 t J -�?4�l 4c�Toh Y /O. /97 Y1•^ Yiasytdlr,,+�csarsata�mc maQ�'mRarfDplc]mtYQ—O+�•PJrrtRa+a.'l�1Oos�f .`• ('ar,+'{'.tr•'/.i':.. .i, %/ i,.'. �.r . ' :•'.���••L:� Inc'./..%>�C - CK'D• -PP-D- THIi/ UL-%5�lgV-PfCC�Ir^,�iYFS Ef� OU 5319 S.W.CANYON COURT DATE r , •5 _' PORTLAND,OREGON 97721 _y ENVIRONMENTAL GROUP UO (303)297. 361 su1E= , - tCOS'rSTENS ANAL YS-S-PLANNtNG•LAND$U,aVE•r5•ENGtNEE,a:NC JO6 A L MINUTES Tigard Planning Commission Regular Meeting November 4, 1975 J. 1. CALL TO ORDER: Vice Chairman Porter called the meeting to order- at 7:34 p.m. . r 2. ROLL CALL: Present: Porter, Sakata, Hansen (late) , Wakem, Nicoli, Smelser, Ems; staff: Powell and Laws Absent: Hartman and Popp 3. MINUTES: Porter stated that the planning department memorandum to the City Council dated 10/30/75 concerning the correction in addendum to Planning Commission minutes s of October 7, 1975, had incorrectly stated the roll call on the motion for realignment of Gaarde St. ' Porte'r requested that a correction be made in the memorandum minutes and that this correction be brought to the attention of the- City Council. Ems requested that the 10/21/75 minutes', under the item of' roll call, be amended to read 'Ems present" and not absent. ' 4. COMMUNICATIONS: None 5. PUBLIC HEARINGS 5.1 ZONE MAP AMENDMENT ZC 12-75 (Belanich Community Shopping Center) A request by Roger Belanich for zoning map amendment to zone a parcel at SW 121st, Scholls Ferry Rd, and 122nd, presently zoned Wash. Co. suburban residential to Tigard C-4, nei hbor- hood commercial (Wash. Co, tax map 1S1 34B, tax lot 500 . Continued from October 21, 1975. A. 1 Staff Report Powell requested that agenda item 6.1, Minor Land Partitioning (MLP. 7-75) be read sequentially. Powell asked the commission -that rather than read the staff report that had already been read at the last hearing Y that he, instead, would relay the 'events that have transpired in the last week on this matter with regard. to meetings and correspondence with developers to in- -- elude both Mr. Belanich and Mr. Cy Penn, Beaverton and Washington'C.ounty planning departments and representatives _ y from CPO #4: f Powell read into the record a letter from Washington County County in "response to 'a point meeting that was held with staff, Belanich; Penn-; Beaverton and Wash. Co. PC Minutes - page 2 • November 4, 1975 planning departments, and a representative from CPO #4 o Powell also read into the record a letter from Jack Young, Chairman West End CPO A. o Sakata asked staff if the Beaverton planning department had responded to this matter. o Powell stated that K. J. Wong, Sr. Planner for Beaverton, felt that not enough time was available in order to get sufficient background data on this matter .to the Planning Commission at this time. B. Public Testimony o Belanich, the applicant, stated that he felt he had conformed to the Planning Commission's request for the submittal of a plot plan and briefly discussed the joint, meeting held earlier in the week. He stated that, in his opinion, the correspondence from Wash. Co. regarding the proposed site for a shopping center did not conflict with the community plan, but that the real issue appeared to be one of size. Belanich saw no problem with 122nd and felt -that some agreement, perhaps in covenant form, could be made with the adjoining property at which time they chose -to develop. o Cy Penn, Mercury Development Co. , stated that the Tigard Comprehensive Plan designates the area at 121st and Scholls Ferry Rd. as a commercial shopping center and not a convenience shopping center. He further stated that a community center's needs far exceed what would be provided for on the 3 acre Belanich proposal. o Nicoli asked Penn if he would build a shopping center on the Meats property. o Penn responded affirmatively, stating that his pro- posal would be for an--8 acre site on the Meats' property at either 122nd and Scholls Ferry or- - Sorrento Rd. and Scholls Ferry Rd. o Jack Young, Chairman West End CPO A, asked for a deferral on this matter until further research is undertakdn. o Sakata asked Young when the CPO -would have a response- -' to this matter. -• ., PC Minutes - page 3 November 4, 1975 o Young stated that the CPO's position could be available sometime in January. o Wanda Senz, CPO #4, distributed a letter from the CPO Transportation Committee. She stated that a shopping center located at perhaps Scholls Ferry and Sorrento Rd. would be a better site choice. Senz recommended to the Commission that they deny } the proposal. - ._ ._.. . o Neal Brown, CPO #4, stated that he felt that there was a lack of communication between jurisdictions and asked if an origin destination study had been made for the area. He further asked if sufficient citizen input had been given on this matter. S o Jack Young asked what.- is the urgency of this project. C. Staff Recommendation { o Staff requested that staff recommendations be given before continuance of the public hearing. Staff recommendation for the minor land partition was for approval with the following conditions: 1. A 5 ft. dedication on 121st and 122nd. 2. A '10 ft. dedication on Scholls Ferry Rd. 3. 5 £t. utility easement on all 10; lines. 4. Development of SW 121st to southerly line of Englewood PD to- City standards (44 ft. roadway) with curbs and 5 ft. sidewalks adjacent property lines. 5. No access frgm Scholls Ferry Rd. and no access from within 100 ft. of Scholls Ferry from 121st. 6. That pedestrian/bicycle 'trall be provided along- Scholls Ferry Rd: (extending- that alread provided. for easterly of 1216t adjacent Lnglewood5." 7. The extension of SW Springwood Dr. across tax lot -500- to intersect 122nd with a 50 ft. right- - -- of-way -improved to a standard 36-ft. street. Staff recommendation for the zone change, approval,. - should the--Commission feel it has adequate:_ findings - or denial if -the Commission felt the- findings to be _- inadequate-. PC Minutes - page 4 November 4, 1975 o Jadk Young, Chairman West`- End CPO A, urged ' the Commission to deny the.:request based on the size of the proposal and that this matter should be deferred for further consideration. o Cy Penn stated -that the Belanich proposal does not meet the Community Plans criteria for shop- ping centers. o Ernie Platt, Commonwealth Properties, stated that neither the Wash. Co. , Beaverton or Tigard Com- munity Plans designate the area at' Sorrento Rd. and Scholls Ferry Rd. as a location for a com- munity shopping center and if such a proposal were made, amendments to all three plans would t be necessary. D. Commission Discussion and Action o Sakata asked the applicant if the buildings as shown .. on the site plan would be constructed in those lo- cations as shown. a o Belanich responded by saying that they would pretty much be constructed on those areas as shown with some changes in building configuration. o Smelser stated that the present site plan and the size of the buildings does not appear to meet the needs of the community for shopping in that area. o Sakata asked Belanich when he would be starting the project. o Belanich responded "sometime 'next summer or the following summer". o Porter stated that there is clearly a need for a shopping center at this location and that the Com- munity Plan calls for one there; however, the size of this proposed project appears that it would not accommodate the community shopping need and that---- the applicant might. use the suggestion- from-the - Wash. Co. planning department that a- joint develop ment- be undertaken with the adjoining property (Meats).. o Nicoli stated that the Meats property would probably - have to develop according to Planning Commission and City Council recommendations.' . - o Ems stated that by partitioning the parcel and making it smaller, it would 'create- a proposal for' a shopping - center not adequate in size to serve the communityineed. c MINUTES Tigard Planning Commission October 21, 1975 `l. Twality Junior High School - Lecture Room 14650 S. W. 97th Avenue, Tigard, Oregon . 1. CALL TO ORDER: Chairman Hartman called the meeting to order at 7.40 P 2. ROLL CALL: Members present: Hart ll an,Poand PortLawser, Sakata, Wakem, Ni.coli., - Ems and Smelser 3. MINUTES: Porter requestthey aCitaddendumCounciloindicatingethatmthetes be sent on to Y minutes of thattroll rcalls 16 ebepadded dtonthly w ith the P eminutes. The minutes of September -30'-and October. 7 were approved . as amended. - 4. COMMUNICATIONS: ` A late letter from ra Washington nzonechange County chRfre rom er Belanich's application fo county SR to Tigard C-4. 5. PUBLIC HEARINGS -75 (Belanich Community Shopping Center) 5.1 'ZONE MAP AMENDMENT 7.0 12 A request by Roger Belanich for zoning map amendmentto zone a parcel at SW 121st, Scholls Ferry Rd. and 122nd, presently zoned Washington (��ash1,aCo.etaxemapa1S1o34B �ard taxC-4, Neighborhood Commercial lot 500) . Note: . Items 5.1 and 6.1 were considered together. 6.1 MINOR LAND _PARTITION MLP 7-75 (Belanich) A request by Roger Belanich to partition a parcel of land 1chollsSFerry Roadand122nd (WashS1Co. tax mapidential e121st, S lS1 34B tax lot 500) . A. Staff Reports: Read by Powe B. Public Testimony o Roger Belanich, the applicant (2330 - 43rd Ave. East, Seattle, Wash.)veloping a 3.2 ac , stated his proposal for dere facility on the subject site ' for retail sales and that there was a need in this ping. geographic portion of Tigard for shop PC Minutes 10/21/75 page 2 o Ernie Platt, Commonwealth Properties (3800 SW Cedar.Hills Blvd. , Beaverton, Oregon) , concurred with Belanich's remarks and stated the request was in conformance with the Comprehensive Plan. Platt also stated that a 5 ft. dedication would be made along 121st and a 10 ft. dedication along Scholls Ferry Rd. and that he and Belanich would agree to. street improvements along 121st at such time that development occurs on the parcel that is subject to annexation. o Mr. Platt asked the Commission if there is a need to keep 122nd St. open. o Powell stated that 122nd would serve probably as the best access from the proposed site. o Porter asked if the applicant had made contact with `. . ,: adjoining property owners as to the possibility of expansion on to those adjoining parcels. o Cy Perin (Mercury Development) , 'speaking on behalf of Mr. Joseph Meats, the property owner immediately west of the subject site, stated that he was pro- posing on the Meats property an 8 acre development and 'that he was in opposition to Mr. Belanich's proposal, but did concur with the need for a shopping center in the area and that 122nd St. should be improved. o Penn indicated that he had applied to Washington County for a zone change for commercial development on the Meats' property and felt that Belanich's estimated size for a shopping center should be larger .than the three acres as proposed. o Penn requested that the letter submitted under communications from Washington County regarding the Belanich zone change proposal be read into the record. o Penn stated that he felt that 121st and Scholls Ferry Rd. should not be developed because of the additional traffic that would be created at this intersection. o Hartman asked Penn the size of the entire Meats' parcel. o Penn replied that it was 28 acres. o Belanich stated that Mr. Penn was not dealing with what is at issue and what the Community Plan addresses itself to. page 3 PC MinuC s 10/21/75 C. Staff Recommendation: For minor land partition, approval with the following conditions: 1. A 5 ft. dedication on 121st and 122nd. .2. A 10 ft. dedication'on Scholls Ferry Rd. 3. 5 ft. utility easement on all lot lines. 4. Development of SW 121st to southerly line of- Englewood PD to City standards (44 ft. -roadway) with curbs and 5 ft. sidewalks adjacent property lines. 5. No access from Scholls Ferry Rd. and no access from within 100 ft. of Scholls Ferry from 121st. 6. That pedestrian/bicycle trail be provided along _ -. .' Scholls Ferry Rd. (extending that alread provided _ -•: for easterly of. 121st adjacent Englewo.M. .- 7. The extension of SW Springwood Dr. across tax lot 500 to intersect 122nd with a 50 ft. right- of-way improved to a standard 36 ft. street. Staff Recommendation: For zone change, approval. } D. Commission Discussion and Action o Porter was in agreeance with the location of the proposed project, but questioned the size of the parcel and the divisioning of the parcel. o Powell stated that to extend the project to the entire parcel, tax lot 500, would have negative impacts on the surrounding area. o Wakem questioned the configuration of the proposed site. . o Sakata asked the applicant as to the general layout of the project and her concern as to the way the ' property was to develop, assuming a zone change were approved. o Hartman suggested that if the Planned Development failed her, then the zone change should fail. - o Hartman -stated that he would like to see the two properties, Commonwealth and Meats, developed jointly. o Popp- stated he felt the proposal would meet• its intent. . . c p 4 P�'eiinutes 10/21/75 o Motion (Popp) for zone change from County SR to City C-4, with conditions as recommended by staff and that the project be underway within 18 months or the parcel would return to the pre-existing zone, providing the applicant has not requested an extension of the 18 month provision from the Planning Commission. o Seconded (Nicoli) . o Ems asked if full provisions had been provided for street improvements. o Porter felt that granting a zone change at this ' time would give way to any type of development without control and suggested that the item be tabled. He also suggested that a joint meeting be held with adjoining property owners and that - - -- a clear development proposal be made for the site... o Sakata stated that she would abstain from voting at - this time until a more detailed concept is submitted, but agreed to tabling the matter. o Motion failed 5-2. Hartman called for roll call vote. No: Hartman, Porter, Sakata, Wakem, Ems; Yes: Popp, Nicoli. o Motion (Porter) to table until a more detailed -con- cept plan is given by the applicant. o Seconded (Wakem) . o Motion passed unanimously. 5.2 ZONE MAP AMENDMENT ZC 13-75 (Payless Planned Development) Application by Payless Drug Co. for an AMENDMENT to the TIGARD ZONING MAP to allow a COMMERCIAL PLANNED DEVELOP- MENT on an approximately 8 acre site at SW Main and Scoffins Streets (commonly known as old Fowler Junior High School, tax map 2S1 2AA, tax lots 600, 700, 800 and 900). Commercial activities proposed are drugstore-variety goods store and a supermarket of approximately 30,000 sq. ft. plus approximately 20,000 sq. ft. of satellite retail com- mercial and office space, including banking, restaurant and small retail shops. A-. Staff Report:, Powell read the report and asked. that exhibits relating to the project be in- eluded- in the record. . B. Public Testimony STAFF REPORT Tigard Planning Commission December 2, 1975 f" . CPR 4-75 Agenda Item 5.2 COMPREHENSIVE PLAN AMENDMENT A request by Ralph Peters for an amendment to the Tigard Conununity Plan of 1971, as amended, to change the land use designation of a parcel at 9830 SW McKenzie St. from "Urban Medium Density" to "General Commercial". STAFF FINDINGS 1. The Tigard Community Plan was amended by Ordinance 75-8, February 24, 1975, which adopted the N.P.O. #2 Plan insofar as it is applicable to the planning area known as "NPO ##?_". This plan identified that area adjacent Pacific Highway as appropriate for "Highway Oriented Commercial Use". This constituted a change from "General Commercial." shown on the Tigard Community Plan, 1971 land use map. That previous General Commercial node shown was shown in anticipation that the intersection of Pacific Highway and Walnut would be the centroid of a major commercial district extending from Fanno Creek to the vicinity of Garrett/School Street. It was, . at the same time, projected that the civic center would even- tually occupy the old Fowler Junior High School site and that most of the Main St. area would become commercial- industrial in character. 2. A major concern of N.P.O. #2 was traffic generation on the minor streets back from the highway. Johnson, Grant and McKenzie Streets are identified as local streets within the text of the N.P.O. plan, 3. Surrounding land use is commercial-industrial on the south- east, adjacent Pacific Highway, apartments on the southwest to north west, a vacant lot on the north` and a church, school and residence on the northeast (see attached land use map). 4. There has been no commercial development proposed on any site off Pacific Hwy. in this area in spite of appropriate Comprehensive Plan provisions and zoning. There is one commercial building (grocery) on Walnut, back from the highway, but Walnut, unlike those streets previously men- tioned, is a collector-arterial street. 5. McKenzie St. is presently a center strip street without curbs or sidewalks in a 40 ft. right-of-way. Excess parking vom the restaurant. on the corner of Pacific Hwy. frequently has been a problem. and the street has been made "one way" in order to eliminate a hazardous intersection at its juncture with Pacific Hwy. - Jt page 2 PC Staff Report Item 5.2 ' December 2, 1975 6. Policy 16 of the N.P.O. #2 Plan addresses locational criteria for multi-family housing and it appears that 'the subject site conforms with these criteria. POLICY 16. "Within the Neighborhood, multi-family development should be located according to the following locational criteria. A. Accessibility to arterials B. - Accessibility by the pedestrian and cyclist to shopping and employment C. Availability of open space as a relief to the higher density living environment" STAFF RECOMMENDATION To be presented after public 'testimony ,ts: �: - '.�':.\. .;\ .:;,• _ =S•'a;-:.�-. S;a•.-. _ ;�Vii'. CS 1 Imo) 'tly i• � C �)•.:,1 :�a ... y i. .,�f .1�- Wit. 'Y �f � .;`�:I_ •1` !!s i !J"�i.�_ - _i{•��:.,;.'.. •.` '',�• U. IG fI; ``{j �ti YY ♦♦ •'�\ sem. _ - \� �--�_- -n.�.!: �.'.'�`'•�•'- •.�\i.�-.•• ,�.. •' } � _ '�a tr.�.' + r �, ���` s tJ �; Ci?w7ctj. s� s•. , ?• ,. ?t � i� lr )' .;. 'lam :l _ 'r �� =1,:,' :/`l•I' i � i � r -y ' .�•• '1:`�:r i-'7r' :Y' � li.�'?�.�:C•� :�Y ���.I�,'��1��s'� Lip !_�. _ _- _t m.--';�_.�_—_ __ _"'- i`,, �� �a � ick a. 1 •i � ` 1 a - ' ,'f:.�S 'i ' ` '��1 .^,. t �' - J 'J �- /•-� ���� +1,•: � - ;fes - _�: (-: -.`la.M. '� �A /' _I� , ;. � ���• /Y 1� _ta 1 / e(� eC-1rt�., r. ••'. ;�_ - � scr✓ �hYE D� ., / - A. ^ `�+`_f ?QYFD. zN .. x• {• •.�• , tai' .,. a 'r •t . . f• •,•• \,f�.;,.:, �.� :�.7;•!•=•• ''•�Nr.;ji,.. �.• - .` :,<;'`:mit `•�•- •� •it •t.t - ••``. Lq '�� •=•r. '� �� ••'�' -•r••_ •j''• �'i.. �,�- •�,a 3 u •,.ice '. .S.'. a.c r• ;. •�!'`%• _ °�;_ - •' '� tam t ,rT � v`•% t. i :N .. , f�tti r` ♦j `�`• Is 4 �_ l'~ .�. _4• 3 '.i:(�•:� � `a � _tx.• y•i" •, .SII �9 •� '+� - 4.� co• ', �.r �'•,.:�'�x.:. Li It co T r 'q /� N 7 �'C/y,���III��• t co vl• is 7 �• Q•V •i O N;L� •••'� • M , e it. L V t ••4 pa Co. }�� / • '. _ inti`} - •'n:'=� '� x N ►• ti p (ti• / '! j'1 p t •rte•. J '�,t1 its nn `��(�/� S'•-ar d N� �.c x%\:'iit'ti • ••Y, N� }{� � - - -•' -_.fit•, .�• � •r _ V l.i REASONS FOR REQUL'STEll CHANGE: L. The subject pi:operty 'was rezoned by,the City Council on July 14, 1975, from C-3 General Commercial Zone to A-2 Multiple Family Residential Zone "to bring the City's present zoning snap into conformance with the N. P. O. PLAN #2, as adopted by the City Council on February 24, 1975. " It is the contention of the applicant that the rezoning of the subject' property was not necessary to conform with the comprehensive plan..: !Therefore, the comprehensive.plan. should be changed to the extent that the map thereof should show that the subject property -falls within the general commercial zone:- 2.. �.. The 'applicant received no actual notice that a change...',, in tale-proposed allowable' uses of his' property was in the 'offing'until on or about July 5, 1975. The applicant therefore did not have the opportunity to appear before the persons formulating the plan and make known his views on the future proposed allowable uses of the property. Likewise, the applicant did not have the opportunity to appear before the Planning Commission to make his views known when the plan was adopted. The applicant's first opportunity to be heard was at the zone - change hearing, July 14, 1975, before the City Council well after the plan had been extensively debated, "packaged" and approved by the City Council. Understandably, the applicant was not able to present a case to which the City Council was .receptive at that late time in the proceedings. 3. The intent and policies of the Plan would be best carried out by allowing the proposed amcndment to the map interpreting the text of the Plan. 4. ORS 227. 240 requires that consideration be given to the conservation of property values when any diange of allowed uses is contemplated by a governmental body. The value of the subject property was adversely affected by the change in the comprehensive plan and the resulting zone change. This is a matter which should be given serious consideration. MINUTES Tigard Planning Commission December 2, 1975 T♦,vality Junior High School - Lecture Room 14650 S. W. 97th Avenue, Tigard, Oregon The meeting was called to order by Vice-Chairman 1. CALL TO ORDER: Porter at 7:32 p.m. 2. ROLL CALL: Present: Nicoli, Sakata, Popp, Porter, Smelser, Wakem; Absent: - Ems; staff present: Powell and Laws: 3. MINUTES: o Wakem requested that the minutes of November 25, 1975, be amended to read - Agenda Item 5.3 . shouldCU _ (Michael Fahlman) a C but , read: "A sign could be placed on Hall Blvd. , it must refer to the entrance on Scoffins St.!' o Popp requested that agenda item_ 5.4, Vn9-75 (Tuur alatin Development Co.). that points one (1) De elopmentincludedCo the conditions for denial of the variance. o The minutes were then approved as amended. 4. COMMUNICATIONS: Nation fromthe man sCommissiion effectiveubmitted his letter 12/l/75. resig- nation l2/l/75. 5. PUBLIC HEARINGS 5'.1 AS APPLICANT WAS' NOT PRESENT, ITEM 5.2WAS AS CONSIDERED FIRST. 5.2 COMPREHENSIVE PLAN AMENgp'IENT CPR 1+-75 (Ralph Peters) d A request by Ralph Peters fotoachangeamendment land usethe desTig�on Comprehensive Plan (NPO #2) of a parcel at 9830 SW McKenzie (C 3).t. from (tax map y2Slsi- dential (A-2) to general comm 2BD, tax lot 700) - A. Staff Report: read by Powell. B. Applicant Presentation o Charles McClure, acting as Mr. Peters' legal counsel, stated the differences of opinion as he and staff interpreted the Comprehensive Plan. McClure stated that Peters was not given sufficient notice of the land use proposal whir m retail the existing C-3 to the A-2, that is, commercial to urban medium density by NPO ,#2 Plan and was also not given an opportunity to PC Min(_es Page 2 December 2, 1975 participate in the planning process. McClure further stated that he doubted that any. of the properties surrounding the Peters'property had participated or gave input as to the zoning designation on those properties; that this site was not a good site as recommended in Policy 14 of NPO 7#2 Plan for the location of multiple family dwelling units and also that the site did not conform to the criteria in Policy 16 of NPO #2 Plan Text. McClure stated that Peters' proper- appeared to be the only property singled out as being different from surrounding property and_. ... that the Planning Commission was obligated by ' statute to consider "the conservation of property values".= Ile further stated that he 'saw the':' .•_ Comprehensive Plan` revision' as being' one. of a' legislative decision and, thereforei_ the Commission,. acting as a legislative body,. could' vote to change the plan. C. Public Testimony o Fred Parrish, NPO #2, stated the position of the NPO and the intent of the plan as it applied to -L-},is site. He stated that traffic generation was a major consideration in determining the types of land uses for this site and that commercial use would be contrary to the intent of that land use designation. o Parrish, in response to earlier remarks by the applicant, stated that the public had had sufficient opportunity to participate in the planning process. He stated that general office office space use, perhaps, could be compatible with this area location if it generated small amounts of traffic. o Popp asked the applicant if he had any immediate plans to develop the land. o Applicant responded that he had none at this time. D. Staff Recommendation Staff recommended denial based on the finding that the Plan' Tfap conforms to the policies of the NPO Plan Text and that no faulty logic or mistake was made in designating this site. ' PC Minutes Page 3 December 2, 1975 E. Rebuttal o McClure stated that at an earlier meeting, at a time at which theNPO lannin2 Plan was bhadgstateded , Dick Bolen, the planning director, had . stated this was a "gray area". o McClure reiterated his earlier points, stating he did not see multiple dwelling units being the best use of this land. F. Commission Discussion and Action o Popp asked the staff if this hearing was con- - . sidering only a Comprehensive Plan revision and not a' zone change.--". o Staff responded affirmatively. o Sakata stated' -that she felt that more background information was needed before a Comprehensive Plan revision could take place, or at least be acted upon by the Planning Commission. o Porter stated that the economic factor raised by the applicant was a legitimate point and that commercial-professional use would be a better land use proposal than C-3 because of -the lower traffic generation and that he would go along with a commercial-residential land use desig- nation. o Smelser stated that he supported staff's recom- mendation for denial. o Moore stated that C-3 usage could allow high intensity uses and thus have a negative effect on the surrounding properties. o Popp stated that he was aprehensive about amend- ing the Comprehensive Plan and questioned the construction of additional apartments in this area and looked more favorably upon a commercial- professional use. o Nicoli: concurred with Popp concerning the con- structing of additional apartments in this area. o Popp made a motion to amend the Neighborhood Plan, `1 changing the designation of that parcel from urban medium density to commercial-professional. PC Minutes Page 4 December 2, 1975 o Smelser stated that the applicant had requested a change in the Comprehensive Plan and not a zone change. o Nicoli seconded the motion. o Moore stated that the applicant had not had an opportunity to state his position on Mr. Popp's motion. . o McClure responded for the applicant that this may be a case._ 'spot zoning". _ o Nicoli asked if restrictions or conditions could be placed on the C-3 zone:-.-? . o Porter responded that the Comprehensive Plan could be worded so as to discourage uses which are high volume traffic generators. o McClure stated that the recommendation in Popp's motion would be all right with his client. o Motion passed 4 to 3. Yes: Nicoli, Popp, Porter,. Sakata; No: Moore, Smelser, Wakem. o Wakem stated that he was extremely distressed by the method in which the hearing was conducted and the decision that was reached. o Sakata stated that she was concerned about Nicoli.'s participation in the hearing and (that it appeared that a conflict of interest was present) . o Nicoli stated that he felt that he had no conflict of interest. o Popp stated that we all have interests in these matters and that there was no conflict of interest, in his opinion. o Porter felt that when there is a direct relation- ship between a Planning Commission member and an applicant, he or she should not sit in on the hearing: o Nicoli stated that he :vas not s:vayed in his vote.