City Council Packet - 08/13/1979 UNCIL
TiGARD ice,.CITY COv
REGULAR MEETING
AUGUST 23, 1979, 7:30 P.M.
FOWLER JUNIOR HIGH SCHOOL
LECTURE ROOM
AGENDA:
NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN 00
THEIR NAME ON THE APPROPRIATE SIGN--UP SHEET(S), LOCATED AT THE -
BACK OF THE ROOM. PERSONS DESIRING TO SPEAK WILL THEN BE
CALLED FORWARD BY THE CHAIR TO SPEAK ON THE INDICATED ITEM(S)
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 and 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
will be considered separately.)
(a) Approval of Minutes, July 23, 30, August 6, 1979
(b) Approval of Expenditures and Investments,: $179,747:92
(c)1. Accept and Authorize Signing by Mayor and City Recorder
Bellwood No. 3,'(Lots 1,114-162) Subdivision Compliance
Agreement and Cash Bond Escrow Agreement
2. Industrial Park Storm Sewer Easement = S.W. 74th Ave.
3. Non-Remonstrance Agreement - Waverly Meadows
(d) Resolution No. 79-84 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING
THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN LAUNP_
'LYNDA PARK SUBDIVISION, SUBJECT TO HEREIN
SPECIFIED CONDITIONS.
6. : APPROVE O.L.C.C. APPLICATION
Yakiniku House, 11945 S.W. `Pacific Highway, 200 Tigard Plaza, Class A
License and Retail Malt Beverage
(a) Recommendation of Chief of Police
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7. SUMMER HILLS PARK SEWER L.I.D.. PRELIMINARY REPORT
(a) Report by Regional Consultants, Inc.
8. RESOLUTION NO. 79- A RESOLUTION ADOPTING AN INTERIM EXTRA-CAPACITY
STREET CAPITAL IMPROVEMENT PROGRAM
(a) Recommendation of Finance Director
9. RESOLUTION NO. 79 A RESOLUTION OF THE TIGARD CITY COUNCII. CREATING A
TTSTREET PLUG AT THE WEST END OF S.W. YARNS STREET TO
ELIMINATE THROUGH TRAFFIC
(a) Recommendation of Finance Director
10. ORDINANCE NO. 79- -AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE
'� IN THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY
COMMISSION, ORDER No. 1426, INVOLVING LANDS OF CHRISTEN
ANNEXATION, SECTION 1, TOWNSHIP 2 SOUTH, RANGE 1 WEST,
IIILLA14ETTE MERIDIAN, WASHINGTON COUNTY, OREGON, RECORD-
ING EFFECTIVE DATE AND DECLARING AN EMERGENCY.
(a) Recommendation of Finance Director
11. ORDINANCE NO. 79- AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE
TIN THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY
COMMISSION, ORDER No. 1425, INVOLVING LANDS OF JUNGE
ANNEXATION, SECTION 35, TOWNSHIP 1 SOUTH, RANGE 1 WEST,
WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON, RECORDING
EFFECTIVE DATE AND DECLARING AN EMERGENCY.
(a) Recommendation of FinanceDirector
12. ORDINANCE NO. 79- -AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE
IN THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY
COMMISSION, ORDER No. :1427, INVOLVING LANDS OF NOKES
ANNEXATION, SECTION 11, TOWNSHIP 2 SOUTH, RANGE 1 WEST,
WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON, RECORD-
ING EFFECTIVE DATE AND DECLARING AN EMERGENCY
(a); Recommendation of Finance Director
13. APPROVE HARVEY KING SEWER AGREEMENT
(a) Consideration by Council
8:00 P.M. PUBLIC HEARINGS-
14. STREET VACATION - FANNO CREEK ACRE TRACTS
(a) Continued from July 23, 1979 Council meeting
(a) Public Hearing Opened
(b); ' Summation-by Planning Staff
PAGE 2 —COUNCIL AGENDA - AUGUST 13, 1979
(c) Public Testimony
Proponents
Opponents
Cross Examination
(d) Recommendation or Planning Staff
(e) Public Hearing Closed
(f) Consideration by Council
(g) ORDINANCE No. 79- AN ORDINANCE VACATING DEDICATED UNOPENED PORTION
_�. F AN UNNAMED 30-FOOT WIDE RIGHT-OF-WAY IN FANNO
CREED ACRE TRACTS IN THE CITY OF TIGARD, WASHINGTON
COUNTY, OREGON.
15. NPO #4 Interpretation of Policy #25 which discourages the development of smaller
than one acre lots for commercial professional use. Specifically Jack St.
Clair, Tax Map 2S1 IAD, Tax Lot 400, corner of S.W. 67th and Hampton.
(a) Recommendation of Planning Commission
(b) Consideration of Council
16, ZONE CHANGE ZC 22-79 Lumpkin-0°Neel Properties NPO #2
A request by Dale Lumpkin for a zone map amendment from City of. Tigard
R-7 "Single Family Residential" to R-5 "Single Family Residential" on
a 4.25 acre parcel located at 11340 S.W. 94th and S.W. North Dakota Street
(Wash. Co. Tax Map 1S1 35DB, Tax Lots 5503, 5502, 5501, 5506, 5507, 5508
and 5505).
(a) Recommendation of Planning Staff
17. APPEAL REGARDING WEDGEWOOD HOMES, 11950 S.W. Morning Hill Drive -Variance
to Uniform Building Code
(a) Recommendation of Building Official
18. APPEAL REQUEST - regarding Page Stevens minor land petition regarding the
interpretation of terms and conditions numbered two and four with respect
to Tax Lot 200, Tax Map 2S1 2AC.
(a) ' Report by Planning Director
19.. FRED MEYER SAVINGS & LOAN TEMPORARY USE PERMIT - verbal presentation
(a) 'Recommendation of Planning Director
20. DISCUSSION OF THE LERON HEIGHTS INTERCEPTOR SEWER REIMBURSEMENT AGREE14ENT
(a) Report by City Attorney
21. OTHER
22. ADJOURNMENT
PAGE 3 - COUNCIL AGENDA - AUGUSTI3, 1979
D- 8/13/79 -
I Wish to testify before the 'Tigard City Council on
the following items (Please print your name)
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Item Description, AGENDA ITEM # 14 s
FANNd CREEK ACRE TRACTS STREET VACATION i
Propone^.t (for) _ — Opponent (against}
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Nang, Address and Affiliation Name, Address and Affiliation
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T I G A R D C I T Y C O U N C I L
REGULAR MEETING MINUTES, AUGUST 13, 1979, 7:30 P.M.
,., ,,,�,. l Councilmen, Jahn E Coo' u____.L
L. ROLL CALL- Present: :Mayor Alall ri. 1 iclk- z son; k, K nneth
W. Scheckla; Councilwoman Nancie Stimler; Chief of Police, R.B,.
Adams; Legal Counsel, J. D. Bailey; City Recorder/Finance Director,
Doris Hartig; Planning Director, Aldace Howard; Administrative
Secretary, Loreen Wilson.
2. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS
(a) No one appeared to speak.
3. APPROVAL OF MINUTES, July 23, 30, AUGUST 6, 1979
(a) Motion by Councilman Scheckla, seconded by Councilman Cook to approve.
Approved by unanimous vote of Council present,
4. APPROVAL OF EXPENDITURES AND INVESTMENTS: $179,747.92
(a) Motion by Councilman Scheckla, seconded by Councilman Cook to approve.
Approved by unanimous vote of Council.
5. ACCEPT AND AUTHORIZE SIGNING BY THE MAYOR AND CITY RECORDER
Bellwood No. 3 (Lots #114-162) Subdivision Compliance Agreement and Cash Bond
Escrow Agreement
Industrial Park Storm Sewer Easement SW 74th Avenue
Non-Remonstrance Agreement - Waverly Meadows
(a) Motion by Councilman Scheckla, seconded by Councilman Cook to approve and
authorize signing by the Mayor and City Recorder.
Approved by unanimous vote of Council present.
6. RESOLUTION No. 79=54 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE
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PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN LAUNA LYNDA PARK
SUBDIVISION, SUBJECT TO HEREIN SPECIFIED CONDITIONS.
(a) Motion by Councilman Scheckla, seconded by Councilman Cook to approve.
Approved by unanimous vote of Council present.
7. +`APPROVE O.L.C.C. APPLICATION
Yakiniku House, 11945 SW Pacific Highway, 200 Tigard Plaza, Glass A License
and Retail Malt Beverage.
(a) Chief of Police recommended item be considered at a 'later date, as the
investigation by the Police Department was not 'completed.
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8. SUMMER HILLS PARK SEWER L.I.D. PRELIMINARY REPORT
(a) Mr. Keith Thompson, representative of Regional Consultants, Inc., presented the
report and noted that alternative C was the one recommended for the project.
Alternative C is contingent upon getting an easement through tax lots
3400 and 3500. If this is not obtained, alternative B would be the next
recommended plan.
(b) After some discussion, Councilman Cook moved to set a public hearing for
August 27, 1979 at B:0 P.M.. Councilwoman Stimler seconded.
Approved by unanimous vote of Council present.
(c) Later in the meeting, Finance Director and Legal Counsel requested that
Council allow staff to meet with the property owners to determine boundaries
of LID and set a date for the public hearing later. Consensus of
Council was to handle the situation in the manner.
9. RESOLUTION No. 79-85 A RESOLUTION ADOPTING AN INTERIM EXTRA-CAPACITY STREET
CAPITAL IMPROVEMENT PROGRAM.
(a) Motion by Councilman Cook, seconded by Councilwoman Stisiler to approve.
Approved by unanimous vote of Council present.
10. RESOLUTION No. 79-86 A RESOLUTION OF THE TIGARD CITY COUNCIL CREATING A STREET
PLUG AT THE WEST END OF SW VARNS STREET TO ELIMINATE
THROUGH TRAFFIC.
(a) Motion by Councilwoman Stimler, seconded by Councilman Cook to approve.
Approved by unanimous vote of Council present.
11. ORDINANCE No. 79-61 AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE
IN THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY
COMMISSION, ORDER NO. 1426, INVOLVING LANDS OF CHRISTEN
ANNEXATION, SECTION 1, TOWNSHIP 2 SOUTH, RANGE i WEST,
WILLAMET=TE MERIDIAN, WASHINGTON COUNTY, 'OREGON, RECORDING
EFFECTIVE DATE AND DECLARING AN EMERGENCY.
(a) "Motion by Councilwoman Stimler, seconded by Councilman Cook to approve.
Approved by majority vote of Council present. Councilman Scheckla voting
Nay. Ordinance No. 79.61 will require a second reading.
12. ORDINANCE No. 79-62 AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE
IN THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY
COMMISSION, ORDER NO. '1425, INVOLVING LANDS OF JUNGE
ANNEXATION, SECTION 35, TOWNSHIP 1 SOUTH, RANGE 1 WEST,
WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON,;RECORDING
EFFECTIVE DATE AND.DECLARING AN EMERGENCY.
(a) Motion by Councilman Cook, seconded by Councilwoman Stimler to approve.
Approved by,unanimous vote of Council present.
Page 2--COUNCIL MINUTES - AUGUST 13, 1979
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PUBLIC HEARINGS - 8:00 P.M.
13. STREET VACATION •- FANNO CREEK ACRE TRACTS
(a) Continued from July 23, 1979 Council meeting.
(b) Public Hearing opened
(c) Planning Director noted area concerned and gave brief background on project.
(d) Public Testimony
Proponents
Mr. Harvey King, 4505 SW Bernard Drive, Portland, requested Council approve
the vacation request expounding on history of project.
Opponents
Mr. William Dieter, 10365 SW Heather Lane, Beaverton, owner of Tax Lot
4001 requested Council not approve vacation request as his property
would then be landlocked.
Mr. John Skourtes, Beaverton, requested Council not approve because of
the impact the vacation would have on Mr. Dieter's land.
Cross Examination
Staff, Legal Counsel, Audience, and Council discussion followed -regarding
legality of the formation of tax lot 4001 since the City of Tigard
had not created the lot even though it was in the City limits.
(e) Planning Director recommended the vacation request be granted because the
City was not responsible for land locking the property known as tax lot 4001.
(f) Public Hearing Closed.
(g) ORDINANCE No. i9-63 AN ORDINANCE VACATING DEDICATED UNOPENED PORTION OF AN
` UNNAMED 30 FOOT WIDE RIGHT-QF-WAY IN FANNO CREEK ACRE
TRACTS IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
(h) Motion by Councilman Cook, seconded by Councilwoman Stimler to approve.
Approved by unanimous vote of'Council present.
14. NPO 464 Interpretation of Policy 4625 which discourages the development' of smaller
than one acre lots for commercial professional use. Specifically Jack St. Clair,
Tax Map 2S1' IAD, Tax Lot 400, corner of SW 67th and Hampton.
(a) Planning Director`synopsized problem and after lengthy discussion with
Council requested only owners of lots of record be allowed to develop
less than one acrd lots if the zoning was C-P prior to the NPO Plan adoption.
(b) Motion by Councilwoman Stimier, seconded by Councilman Cook to approve per
Planning;Director-'s' recommendation.
Page 3 - COUNCIL MINUTES AUGUST 13, 1979
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Approved by unanimous vote of Council present.
RECESS - 8:54
RECONVENE 9.04
pill 9.11112i - pe, NPO #2
15. wx�w CHANGE ?r 22-79 Lumpkin - " :ecPro
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A request by Dale Lumpkin for a zone map amendment from City of Tigard
R-7 "Single Family Residential" to R-5 11Single Family Residential" on a
4.25 acre parcel located at 11340 SW 94th and SW North Dakota Street (Wash.
Co. Tax Map 1S1 35DB, Tax Lots 5503, 5502, 5501, 5506, 5507, 5508 and 5505).
(a) Planning Director noted where request was located and synopsized
history of request.
(b) The following people spoke requesting that 94th Avenue not be a through
street as noted in Planning Commission action. It was also noted that
94th Avenue was a hazardous intersection at Greenburg and additional
traffic would create hardship to residents.
Roger Anderson, 11350 SW 94th Avenue
Mrs. Miller, SW 94th Avenue
Jerry Dahl, SW 94th Avenue
John Thomas, SW 95th Avenue
(c) Mr. Dale Lumpkin, developer of the land, stated he would be willing to delete
the .connection of 94th and the full street improvement if Council wished.
(d) Planning Director stated he would uphold the Planning Commission recommendation
to have 94th Avenue connect and require a full street improvement the full
length of the street.
(e) ORDINANCE No. 79-64 AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN AP-
PLICATION BY-IUM KIN-O°HEEL PROPERTIES FOR AN AMENDMENT TO THE 1970 ZONING MAP
OF THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT FOR A TRACT OF LAND AT
11340 SW 94TH AIJD DEPICTED ON WASHINGTON COUNTY TAX MAP IS1 35DB, TAX LOT
5503,,FROM CITY OF TIGARD "R-7" TO CITY OF TIGARD "R-5" SINGLE FAMILY RESIDENTIAL
AND ADOPTING EXHIBITS "A", "B", "C" GRANTING THE APPLICATION AND FIXING AN
EFFECTIVE DATE.
(f) Motion by Councilman Cook, seconded by Councilwoman Stimler to approve. ,
(g) Motion by Councilman Cook, seconded by Councilwoman Stimler to modify con-
dition #3 to read that the applicant improve STr. 94th from SW North Dakota
south to end of his property, to full local street standards, and provide
a legal cul-de-sac on the end of such improvement at the property line,
prior to final plat approval. Councilman Cook clarified the motion to
mean the cul-de-sac to be to the end of the Lumpkin/O'Neel property.
Amendment was approved by unanimous vote of Council present.
(h) Motion by Councilman Cook, seconded by Councilwoman Stimler to amend
ordinance _title,to include the following;tax lots numbers - 5502, 5501, 5506,
5507,'5508, and 5505.
Amendment to title was approved by unanimous vote of Council present.
Motion to approve ordinance No. 79-- 64 as 'amended and modi.fiedlwas approved
by unanimous vote of Council present.
aauP 4'-- COUNCIL MIN[,'TES - AUGUST 13, 1979
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15. APPEAL REGARDING WEDGEWOOD HOMES, 11950 SW Morning Hill Drive - Variance to Uniform
Building Code,
(a) Planning Director read Building Official's recommendation to deny the appeal.
Planning Director however, recommended approval as the ceilings in new homes
after the 1979 UBC adoption would be at seven feet anyway for beamed ceilings.
(b) Mr. Thomas Mackenzie, representative of Wedgewood Homes ,and Mr. Chuck Haberger,
Construction Manager for Wedgewood Homes both spoke and requested Council
lift the stop work order so that construction can continue and allow the
existing beams and ceiling to remain.
(c) Motion by Councilman Cook, seconded by Mayor Mickelson to allow the seven
foot beams as constructed with the condition that if the Uniform Building
Code, section 1207 is not changed when the 1979 code is adopted by the State,
the contractor must then file an appeal with the State Structural Code Advisory
Board.
After lengthy discussion Councilman Cook withdrew his motion and moved that the
item be tabled until a full Council was present to take action, Councilwoman
Stiml.er seconded.
Approved by unanimous vote of Council present to table item until future
Council meeting.
17. APPEAL REQUEST - regarding Page Stevens minor land petition regarding the inter-
pretation of terms and conditions numbered two and four with respect to Tax Lot
200, TAx Map 2S1 2AC_
(a) Planning Director stated that while applying for a Minor Land Partition,
Mr. Page Stevens was required to dedicate the flood plain area of his land
to the City for park use and to;put in a half street improvement on
Burnham Street. Mr. Stevens requested Council allow him to retain his land
in its 'entirety and be guaranteed that he would not have to every pay another
assessment for street improvements after this initial cost was incurred.
(b) After lengthy discussion, Councilman Cook moved to require the builder,,
as it applies to the minor land partition, to make a half street improve-
ment to SW Burnham Street with the proper system development charges being
applied, with additional legal document prepared, if necessary, to assure
that developer does not .get a double assessment for the .street improvement should
an L.I.D.' be'`formed 'in the area at a ,later date and approximately acre be dedi-
cated to, the City for Greenway use with the City paying for the surveying costs
for; the � acre. Councilman Scheckia seconded.
Approved by unanimous vote of Council.
18. APPEAL REQUEST - regarding Fanno Creek Apartments minor land partition request.
(Wash. Co. Tax Map,2S1 12A, Tax Lot 700,;7415 SW Bonita Road).
(a) Planning Director stated that again, the developer did not wish to make
a 1/2 street improvement but requested Council uphold the Planning ;Staff
request. . Planning Director noted that the developer had signed a letter
May 4, 1979 stating that a half street improvement would be done to SW Bonita
Road.
PAGE 5 COUNCIL MINUTES-- AUGUST 13', 1979
(b) Mr. Jack Hammond, Attorney for the developer, requested Council accept only
a non-remonstrance agreement for Tutu e LID development since Ms. Hilary
Mackenzie of the City Staff haO�,gi lly explained that the condition noted
�tdr in the acceptance letter which the developer signed only required future
L' developments not a 1/2 street improvement at this time.
(c) After discussion with Legal Counsel, Councilman Cook moved to table the item
until staff has a chance to discuss the matter further with Ms. Mackenzie.
Motion seconded by Councilwoman Stimler.
Approved by unanimous vote of Council present.
19. ORDINANCE NO. 79�„65 AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE IN
THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY COM-
MISSION, ORDER NO. 1427, INVOLVING LANDS OF NOKES ANNEXATION,
SECTION 11, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE
MERIDIAN, WASHINGTON COUNTY, OREGON, RECORDING EFFECTIVE
DATE AND DECLARING AN EMERGENCY.
(a) Motion by Councilman Cook, seconded by Councilwoman Stimler to approve.
Approved by unanimous vote of Council present.
20. FRED MEYER SAVINGS AND LOAN TEMPORARY USE PERMIT_
(a) Planning Director stated Fred Meyer Savings and Loan has requested a one
year temporary use to place a trailer at 99W and Durham Road for a savings and
loan office.
(b) Motion by Councilman Cook, seconded by Councilwoman Stimler to approve
a temporary use permit for one year.
Approved by unanimous vote of Council present.
21. DISCUSSION OF THE LERON HEIGHTS INTERCEPTOR SEWER REIMBURSEMENT AGREEMENT
(a) Legal Counsel stated that this would need to be discussed at a later date.
22. OTHER
(a) Finance Director requested Council approve -a new subdivisioncompliance -
agreement and bond for Yolo Estates which will be in effect until July 30,
1982.
Motion by Councilman Cook, seconded by Councilman' Mickelson to approve.
Approved by 2 to 1 ;rote with 1 abstention, Councilman 'Scheckla voting Nay.
Councilwoman Stimler abstaining.
(b) Chief of Police reported that the bids are out on the police cars and the
opening date will be August 24,'1979 at 2:00 P.M. at Beaverton City Hall.
With 90 day delivery scheduled for November of ;1979.
Page 6 `- COUNCIL MINUTES - AUGUST 13, 1979
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(c) Councilman Scheckla requested Chief of Police supply him with a list of
all members of the Police Department who requested to attend the golf
tournament noting those who were allowed to attend and those who were not
allowed.
(d) Councilman Scheckla requested staff see that a pot hole on Gaarde Street at
110th Avenue is repaired.
23. ADJOURNMENT: 11-25 P.M. /
City Recorder - Cil�,f/6f Tigard
ATTEST:
c
ayor Ci y of 'Tigard
Page 7 - COUNCIL MINUTES - AUGUST 13, 1979
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PAYMENT OF BILLS FOR COUNCIL APPROVAL fY�
PROGRA.AS BUDGET -i.y 31, 1979
Community Protection
Police 7,837.42
Public Works 4,678.26
Municipal Court x865.78
Planning 912.01
Building 1,145.23
Total Community Protection 15,438.70
Home & Community Quality
Public Works 48,672.23 .
Social Services
Library -
Aged Services
Youth Services
Historical
Total Social Services 1,416.60
Policy & Administration
Mayor & Council 176.12
Administration 4,180.28
Finance 2,697.47
Total Policy & Administration 7,053.87
City,Wide Support Functions <
Non-departmental 3,271.64
Misc. Accounts (refunds & payroll deductions, etc.) 28_ 956.53
CAPITOL BUDGET
Community Protections
Road Acquisition-'& Dev.
Parks Acquisition & Dev. 2,820.00
Storm Drainage
Total Community Protection 2,820.00
Support Services
Donations
DEBT SERVICE
General Obligation Bond
Bancroft Bond 3.159.37'
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UNIFIED SEWERAGE AGENCY
Contract 68,958.98
TOTAL AMOUNT;OF CHECKS WRITTEN 179,747.92
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�13t>5 S.i . J'+t_h Avennue
9/223
11,179
SMEIVED
Alan 'Mickelson, 1�iaYor
Kenneth Scheckia; t:ouncilr.an fWG 1 G I97'
John Gook, Coul?cilman
Nancy S!:;ilihler, coilncilmember CITY OF TIGARD
Tom Irian, Count i lman
Aldie Howard, Planning, Director
City of Ti_.�ard
Tigard, oregon 97221
Re: Zone Ghan.;e z.G-22--79
We are homeoruners wiio reside on S.i 94th Avenue cTcse
to ;his proposed subdivision.
We stwongl.y believe that it is detrimental to the
�od and to the residents of this part o`" iafh2 City of Tigard
either to al.iOw or recrUire connect OTl t0 he t'2:iStin�' Strec3t, S.W.
9�+t1? Avenue, from this proposed subdivision at this time. There
already is adequate access prom S.W. 95th Avenue and S. . North
deli+- ated as a throuh collec-
L?alcota .Street; 94,'.-h Avenue is �:ot ,.�?
for street.
We object to a subdivision w r i? substandard ltt sizes of
only 5,000 square feet in an established neighborhood of larger
lots. he original plat of Phomas Terrace, in ;whicn ct?ts, sub-
Which
?s proposed, C_Oaht3iTIS a reSt:r1C 101' limiting construc
tion tO one }house for each 15,000 square foot, lot. Two houses
'-square fool:. lots in Thomas Terrace Sub-
already exist on 15,000
division.
4th
If you allow or :-quire a connection of 5 T:T. 9-+�� Avenue
with the subdivision and allow these small 5,000 square foot lots
in an established neighborhood 'Anicih consists largely of lots
approxilia tely :three times that size, the City will be acting con-
trary to statements made by City of Tigard officials that these
R-5 lots would notbeinfected into established 'nei;hborhoods.
S.W; 94th Avenue is a very narrow street and is not capable
of sa'ely handling the additional traffic -which will be, tWO to
three times its present traffic 1: �d. There presently are ten`
homes on this dead`-end street; the proposed subdivision would add
eleven fzovtses plus Through traffic. Both. S.W. Greenburg Road and
S.W. North Dakota are major colleccor 'streets, S.W. 94th is not
a collector street and has never been improved to minimum city
standards. If S.W. 94th is ,opened to through traffic, you will be
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Pale 2 ,.uy;ust 10, 1'979
burdonin ,I-iis substandard st: eec, witch al-t_ de-isul_'C and traffic on
• `�. ,I.
Nor i�."kota l_£,:t.ng 'Forced o Curn sol ch oi'L � 9 't l?F i_a tsC'
,.v 7 t, Z
i.t'd. t7Gr _,. ','_akoca is no: paved beyond . ,t9= t1. ,'lis d7i.1Cause
S.10. 94th to be subjectc to. the burden of ar i,, traffic betwet
MTo major collector s :=:"t'eLs.
No through sareet should be created un.- it tha- (,icy has
JTid`;er_ed for 91td is prepared 1t11i12:C:lat(': .y Lel uqpyrade the entire
length of 94tH. Avenue from Greensburg Road to a iS,ll width street
and to irnp rovte the width and visibility at the intersection with
S.�?. Greenburt, Road. To makea connect ion now would join ni-i eXiso-
in` 16-root wide sc-reet_ with a 36-toot wide stre.e+ creating a
hazard dile t o Ile change in width, steep .grade and pool
and. will creat=e azo _-ncreased likelihood of- nemadon.. collisions, and
be very hazardous Eor pedestrians and bicycles near where the
streets would connect.
The intersection of S.W. 94th with Green.burg, '.•.goad is
dangerous due to clie narrowness of S.W. 94th Avenue and the <nngl e
of the intersection. Two cars cannot safel-y pass at normal speed.
". car cannot turn right Erom J.v:. 94t c1 ionto S.�`,. GreenburC Road
without crossin the centerline of the street. It is often neces--
sa;ry4.:o stop on Creenbur_:g Road to allow a car or truck to exi(_
S.W. 94th Avenue before there is room to turn into S.W. 94th. Fhis
hazardous condition creates a serious potential for headon colli-
sions as well as rear-end collisions with cars that :Tli. st stop be-
fore entering SX. 94th Avenue. Visibility is also very poor at
this intersection due ,to the curve in S.17; zreenbur_j load and
shrubs restricting drivers ' 'view of vehicles app oaci ip-, this inter--
section.`
The developer should not be required to build streets, curbs
and sidewalks outside the boundaries of Lhe proposed subdivision.
W'.oe: t o ?nterver n properties are developed in the future, `con--
sideration can be given to connecting the ;street and upgrading it
to city standards, This is consistent with the comprehensive plan
for the City of i ;ard.
The Staff Report Recomi endation #3, that S.W. 94th be
improved to connect with the existin„ street, ;will create a
dangerous condition and is not supported by any of the finding's
of Fact. This zone change should be denied, unless a condition
is imposed to prohibit ally connection with S.W. 94LIn Avenue from
the subdivision until S.W. 9411. and its in_tarsection with S.W
Greenblurg Road are improved to minimumcity= standards for city
streets
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Esther flee Anderson
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FOR PROGRESS - PROFIT and FUN
JOHN . THOMAS JERSEYS
16575 S. W. 85th St.
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" Tigard, Oregon 97223
PHONE (503) 639-2315
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June P9, 1979
The home owners on S.W. 91ith are asking the City Council
to allow this street to r®rnain a dead end street. This not
only improves the liX_�,Rblity of this street ,but would 91so
be an asset to the new development as many houses would not
be subject to constant traffic,
Most Home owners here Durehnsed their hoes °s because
of the quiet street where children can p11y safely and the
general atmosvhere is so gullet and pleasant. Sinc^- there
is really no reason to mgke a chancre in these conditions,
We ask that the stre^t remain as it is!
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11445 s. W. 94th
V yard, oregon 97223
July 12, 17)79
To Members of the City Councils
The property owners on S. W. 9i.Lth Street wish to
anneal the decision of the Planning Commission Concern-
ing Condition Number 3, lone Change 22-79.
Condition_ Nu^rter 3s "That the annlicant 3m"ave
. W. 94th fr-^om S , W. North Dakota to connect with the
existing portion with full local street standards nri.or
to final plot annroval."
We do not object to the zone change itself, but
feel. that Condition Number 3 should be deleted, as such
a decision can only damage a quiet established residen-
tial area. our wishes are co*npletely compatible with
those of the developers.
V?e understand that a comprehensive plan calls
for the oreninP of existing streets, but a mo-e real-
istic rrovram would be to Sud^e each condition on its
own merits as well as the needs of the adjacent
nroperty owners .
Since there i.s no need to oven the street, as ample
exits will be rrovided in the newly developed area, we
ask ,that`Condi:ti_on Number. 3 be re-!owed from the Planning
Commission's decision.
on July 2nd all of the rronerty owners on '44th
Street gave a s;.gned request to^ether with several
letters to Mr. Howard, the planning Director, asking
that the street remain closed.
There is a need to ^reserve livable residential'
areas In the growing community of Tigard whilp at the
some time making rrogress in the building of needed
housing.
yours truly,
Elizabeth TI. Miller
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CITY OF TIGARD
_ P.O.Sox 23397
12420 S.W.Main
Tigard,Oregon 97223
August 3, 1979
NOTICE OF SPECIAL MEETING
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Notice is hereby given that a special Council meeting, called by the Mayor
with the common consent of the Council, will be on August 6, 1979 at 7:30 P.M.
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in Fowler Junior High School, Lecture Room, 10865 S.W. Walnut Street, Tigard, Oregon.
The meeting is called for the purpose of considering the following three items.
1. Site Selection_- Senior Citizen Center
2. RESOLUTION No. 79- A RESOLUTION OF THE TIGARD CITY COUNCIL REQUESTING
�' THE OREGON DEPARTMENT OF TRANSPORTATION TO PURSUE `
THE NOISE MITIGATION AT ST. ANTHONY'S SCHOOL'.
3. Wheeler -; Killion Claim
S/ Alan'W. Mickleson
Mayor
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