City Council Packet - 05/12/1980 TIGARD CITY COUNCIL
REGULAR MEETING
,AY 12, 1980, 7:30 P.M.
FOWLER JUNIOR HIGH SCHOOL
LECTURE ROOM
NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM
MUST SIGN 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).
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 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: April 28 and May 5, 1980-
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(b) Approval of Expenditures and Investments: $155_-=149-=--03
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(c) CONSENT COVENANT - Receive and Approve (for Street Improvements)
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Oregon:Office/Industrial Park SDR 26-78
Studio Estates SDR 13-79
(d) Ratify Council action from May 5, 1980 meeting. (Item approved)
Resolution No. 80-37 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE
PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN GAARDE PARK ;
PLACE SUBDIVISION, SUBJECT TO THEREIN SPECIFIED CONDITIONS.
(e) RESOLUTION No. 80-38 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE
- PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN TANGELA SUBDIVISION
AND AUTHORIZING RELEASE OF THE MAINTENANCE BOND THEREFORE.
6. 72ND .AVENUE INTERCHANGE - FINAL ENVIRONMENTAI. ASSESSMENT - Ron Kleinschmidt
(a) Report by Oregon Department of Transportation (ODO'T).
7, RESOLUTION No. 80- A RESOLUTION OF THE TIGARD CITY COUNCIL REQUESTING AN
ANNEXATION PETITION BE FORWARDED TO THE BOUNDARY REVIEW
-
E(SHORT TITLE - HALL BLVD. BAPTIST).
(a) Recommendation of Planning Director.
8. RESOLUTION No. 80_ A RESOLUTION OF THE TIGARD CITY COUNCIL REQUESTINGAN
ANNEXATION PETITION BE FORWARDED TO THE BOUNDARY REVIEW° }
COMMISSION. (SNORT TITLE -;VALENZUELA).
(a) Recommendation of Planning Director. '
8:00 P.M. PUBLIC NOTICE
), ZONE CHANGE PLANNED DEVELOPMENT, ZC PI) 3-80-Park 217 Business Center. NPO #5
A,request by Trammell Crow Company for a major change request at the General Plan and
Program Review request level maintaining the City of Tigard C-3 PD "General Commercial
Planned Development" and M-3PD "Light Industrial Planned Development"zones on a
total area of 20.6 acres located at 150 feet south of Pacific Highway on the east side
of SW Garden Place and 572 feet south of Pacific Highway on the east side of S.W.
Hall Blvd. (Wash. Co. Tax Map 2S1 IBB, Tax Lots 200, 300, 800, 1100, 1101, and 1200) .
(a) Recommendation of Planning Commission.
(b) Consideration by Council.
(c) ORDINANCE No. 80--� AN ORDINANCE AMENDING ORDINANCE No. 78-77 CONCERNING PARK
217, REPEALING ALL CONDITIONS IN SECTION 2 AND DECLARING
AN EMERGENCY.
10. ORDINANCE No. 80- AN ORDINANCE ESTABLISHING MAXIMUM RATE FOR LOCAL
IMPROVEMENTS FINANCED PURSUANT TO BANCROFT BONDING ACT.
(a) Recommendation of Legal Counsel.
11. RESOLUTION No. 80- RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE
PUBLIC IMPROVELENTS CONSTRUCTED WITHIN KERWOOD
ESTATES SUBDIVISION, SUBJECT TO HEREIN SPECIFIED
CONDITIONS.
(a) Recommendation of Director of Public Works.
12. SPEED ZONE CHANGE REQUEST - S.W. 121st Avenue
(a) Reconunendations of Chief of Police and Director of Public Works.
13. PROGRESS PAYMENT - SUIMMERHILLS SANITARY SEWER LID (Dales Sand & Gravel $79,186.95)
(a) Recommendation of Director. of Public Works.
14. OTHER
(a) 116th Avenue Vacation Request Director of 'Public Works.
15. EXECUTIVE SESSION -Under provisions of O.R.S. 192.660 (2)(a) to discuss TPOA
labor negotiations'.
16. ADJOURNMENT
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PAGE 2 - COUNCIL AGENDA - MAY 12, 1980
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T I G A R D C I T Y C O U N C I L
REGULAR MEETING MINUTES - MAY 12, 1980 - 7:30 Y.M.
1. ROLL CALL: Present: Mayor Alan Mickelson; Councilmen Toni Brian, John Cook,
Kenneth W. Scheckla; Councilwoman Nancie Stimler; Legal Counsel,
Joe Bailey; City Administrator, R.R. Barker; Public Works Director,
Frank Currie; City Recorder/Finance Director, Doris Har.tig;
Planning Director, Aldace Howard; Research & Development Assistant,
Martha McLennan.
2. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS.
(a) J.B. Bishop, Main Street Development Limited, referred to a letter from
the City Attorney to his lawyer and himself. Legal Counsel stated that
` as Council was unaware of the contents of the letter, it was inappropriate
to discuss at this time. Mr. Bishop apologized and asked Council to con-
firm that they will consider whether or not to hear the appeal at next
week's meeting. Mayor stated that that was possible.
3. APPROVAL OF MINUTES: April 28 and May 5,1980.
(a) Motion by Councilman Brian, seconded by Councilman Scheckla to approve.
Approved by unanimous vote of Council.
4. APPROVAL OF EXPENDITURES AND INVESTMENTS: $155,149.03
(a) Motion by Councilman Brian, seconded by Councilman Scheckla to approve.
Approved by unanimous vote of Council.
5. CONSENT COVENANT —RECEIVE & APPROVE (for Street Improvements)
. 'Oregon Office/Industrial Park SDR 26-78
Studio Estates SDR 13-79
(a) Motion by Councilman Brian, seconded by Councilman Scheckla to approve.
Approved by unanimous vote of Council. °
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6. RATIFY COUNCIL ACTION FROM MAY 5, 1980, MEETING
RESOLUTION NO. 80-37 RESOLUTION OF THE TIGARD CITY COUNCILACCEPTING THE
PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN GAARDE PARK
PLACE SUBDIVISION, SUBJECT TO THEREIN SPECIFIED CON-
DITIONS-:
(a) Motion by Councilman Brian, seconded by Councilman Scheckla to ratify.
Ratified by unanimous vote of Council.
RESOLUTION NO. 80-38 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE
., PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN TANGELA
f SUBDIVISION AND AUTHORIZING RELEASE OF THE MAINTENANCE
BOND.
(a) Motion by Councilman Brian to approve, seconded by Councilman Scheckla.
Approved by unanimous vote of Council.
7. 72ND AVENUE INTERCHANGE - FINAL ENVIRONMENTAL ASSESSMENT
(a) city Administratorthe
Transeato the noisereceived
impacts.tYlIt
Oregon Department portation speakingfor noise mitigation
stated that the State would not be willing pay the State would
for the school, but that if the City were willing,
cooperate in obtaining the Federal Funds.
(b) Council discussed the noise mitigation problem fand tsuggisted ioat but
the
School District be allowed to comment and pay
that the City was not willing to.
(c) Ron Kleinschmidt, Oregon Department of Transportation, requested that a
letter informing them of final City and School District decisions on the
noise mitigation be sent as soon as possible.
(d') On another malrer,
City Recorder, reported that a request had been made to
explore the possiM11iK1einschmidty of tisuggested thatwork
thisthe
shouldnins (after
begnegotiated
the rush hour) .
through the Engineer and Contractor.
UNCIL RE
AN
8, RESOLUTION NO. 80-39 A RESOL
ECTION PEOTITION BEG
FORWARDED CQTO THE BQIINDARYNREVIEW
ANN
COMMISSION (SHORT TITLE: HALL BLVD. BAPTIST).
ati
ex
(a) Planning Director u elaie�dhait � anR-Sthis azone s a f(for our achurch cre nuse).o['Hepwent
ng
for a`conditional P recommended
on,to say that construction was not projected for two years. He
approval.
¢ (b) Motion by Councilman Brian, seconded by Councilwoman Stimler to approve.
Approved by unanimous vote of Council.
TY CILAN
9, ; RESOLUTION NO. 80-0-40 ;A RESOLUTION
OF
THE TIGARDFORClDEDCOUONTHE BOUNDARYNREVIEW
ANN
COMMISSION (SHORT TITLE: VALF.NZUELA).
dthis a one
in the
(a) Planning Direcor repthattheapetitionawas in tiatednsoxthatlot aneationthe property
"island". _ Hestated
owner might participate in the McDonald Street LID. He recommended
approval.
(b) Motion by Councilman Cook, seconded by Councilwoman Stimler to approve.
Approved by unanimous vote of Council.
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PAGE 2 - REGULAR MEETING COUNCIL MINUTES - May 12`, 1980
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10. ORDINANCE NO. 80-37 AN ORDINANCE ESTABLISHING MAXIMUM RATE FOR LOCAL IMPROVE-
MENTS FINANCED PURSUANT TO BANCROPT BONDING ACT.
(a) Legal. Coun�zel, referring to a previous Council discussion of this issue,
reported that due to an oversight by the Legislature one of the references
to the interest limit of Bancroft Bonds had not been amended upwards from
6% to 10%. This Ordinance would make that amendment for the City. He
went on to say that the firm who handles our bonds has had legal review
of the Ordinance and recommended approval,
(b) Motion by Councilman Cook, seconded by Councilman Scheckla to approve.
Approved by unanimous vote of Council.
11. ZONE CHANGE PLANNED DEVELOPMENT, ZCPD 3-80 Park 217 Business Center NPO #5
A request by Trammell Crow Company for a major change request at the General
Plan and Program Review request level maintaining the'City of Tigard C-3 PD
NN "General Commercial Planned Development" and M-3PD "Light Industrial Planned
Deve"lopment" zones on a total area of 20.6 acres located at 150 feet south
of Pacific Highway on the east side of S.W. Garden Place and 572 .feet south of
Pacific Highway on the east side of S.W. Hall Blvd. (Wash. Co. Tax Map 2S1
IBB, Tax Lots 200, 300, 800, 1100, 1101, and 1200).
(a) Planning Director explained that this had been previously approved and
then the land had changed ownership. Due to the length of time since the
previous conditions had been established several policy changes and
particular concerns dictated that the zone change be re-affirmed with new
standard conditions and particular emphasis placed on floodplain and
traffic flow/parking concerns. He concluded by saying that the new
conditions were more inclusive and recommended approval.
(b) , Councilman Scheckla, noting that it would simplify consideration,
requested that in future issues of this kind Council be provided with
the 'old version for comparison.
(c) ORDINANCE NO. 80-38 AN ORDINANCE AMENDING ORDINANCE NO. 78-77 CONCERNING
PARK 217, REPEALING ALL CONDITIONS IN SECTION 2`AND
DECLARING AN EMERGENCY.
Motion by Councilman Cook, seconded by Councilman Brian to approve.
Approved by, unanimous vote of Council.
12. RESOLUTION NO= 80-41 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC
IMPROVEMENTS CONSTRUCTED WITHIN KERWOOD_ESTATES SUBDIVISION,
SUBJECT TO HEREIN SPECIFIED CONDITIONS.
(a) Public Works Director indicated that he had been prepared to recommend
approval, but as such citizen concern was shown he would withhold recommenda-
tion until after public testimony was taken. `
PAGE 3 - REGULAR MEETING COUNCIL MINUTES - May 12 1880
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(b) Kermit Carlisle, Rt 3, Box 278M, Sherwood, Oregon, developer, stated
that this request for release of the performance bond had been submitted
three months ago. He also indicated that approval was obtained from the
inspector. He explained that there had been some confusion regarding
landscaping, but felt that the maintenance bond would suffice for such
a minimal amount of. work. He requested Council approval.
(c) Bob Bolinger, 105920 S.W. Serena Court, addressed Council regarding the
problems over the burm. He asked for clarification regarding the require-
ment of the burm and the landscaping specification. He further indicated
that Fie had been told that this would be corrected long ago, and wondered
if the release of the performance bond and adoption of the maintenance
bond would only allow the developer to delay another year before taking
corrective action.
(d) Pat Olson, 15785 S.W. Serena Court, presented to Council a petition from
all property owners in Kerwood Estates expressing their concern that the
burm be completed. She felt that to release the bond would substantially
reduce the owner's leverage to effect the needed work.
(e) Mike Beesher, 9898 S.W. Kimberly, read several letters from City staff
regarding this project (dated, 7/11/77, 5/29/79, 7/12/79, and 10/17/79).
He noted the confusion regarding the existence and/or requirement for
the burm and also detailed several other discrepancies between original
plans and final construction. He asked for clarification from Council: Is
the burm required? and if so, what are the landscape requirements? He
concluded by urging staff to investigate inconsistencies of this project
prior to releasing the bond.
(f) Ray DeSilva, 15880 S.W. Serena Court, stated that he along with other
owners Serena Court had been informed that it was a public street. He now
comes to .discover that it is not.
(g) City Administrator pointed out that land sales are susceptible to fraud,_
but it is neither the responsibility nor within the capacity of the City'
to insure that realtors portray properties honestly. He went on to say
that we do make all necessary information available to any who request it.
(h) Planning Director requested that Council delay the release of the bond
until further investigation could be conducted.
(i) Public Works Director, noting that problems between the developer and
property owners were evident, recommended that further consideration be
k given to this issue. He did note that performance bonds had been
released with more incomplete work than in this project, and suggested Q
that a landscape performance bond might be a-solution.
(j), Motion by Councilman Scheckla, seconded by Councilman Cook to table until
next week.
Tabled by unanimous vote of Council.
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PAGE 4 - REGULAR MEETING COUNCIL MINUTES - May 12, 1980
1
13. SPEED ZONE CHANGE REQUEST - S.W. 112th Avenue
(a) Public Works Director, referring to the memo from staff and diagrams,
recommended approval of Council to request consideration by the State
Speed Control Board for this speed limit reduction. He reported that
the Chief of Police concurred with his recommendation.
(b) Council expressed concern over the responsiveness of the County towards
this kind of action, noting that County cooperation would be essential
to the State Speed Control Board decision. They recommended that the
Public Works Director investigate previous situations of this nature and
try to work out an agreement with Washington County.
(c) Public Works Director stated that he would conduct research and report
back to Council,
14. PROGRESS PAYMENT - SUMMERHILLS SANITARY SEWER LID (Dales Sand & Gravel -
$79,186.95)
(a) Public Works Director reported that this request represented 907 payment;
noted that the project work is near completion; and recommended approval.
(b) Motion by Councilman Cook, .seconded by Councilman Scheckla to approve.
Approved by unanimous vote of Council.
15. OTHER
(a) City Administrator reported that all annual reports had been distributed.
(b) Public Works Director stated that he had prepared an Ordinance prohibiting
parking on Hall between Knoll and 99W in conjunction with the Park 217
project. Council felt that it was too early in the project to take formal
action.
(c) Public Works Director recommended a partial release of a performance
„.n
bond for. Bellwood ,#3, in the amount of $90,919.1 for storm drainage "
and sewer work.
Motion by Councilman Cook, seconded by Councilman Brian to approve.
Approved by unanimous vote of Council.
(d) Public Works Director reported that a pump had been located for Cook Park
at a price of $3,500. He stated ,that this was an exceptional_price and
requested authorization to purchase it out of this year's capital budget.
Motion by Councilman Cook, seconded by Councilwoman Stimler to,authorize
purchase of a pimp for Cook Park at the price of $3,500. ' He stated that
this was an exceptional price and requested authorization to purchase it
out of this year's capital budget
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PAGE 5 - REGULAR MEETING COUNCIL' MINUTES - May I2 1980
S
Motion by CouncilmafCook, seconded by Counhe cilwoman
Stie of mler to authorize
purchase or a pump
Approved by unanimous vote of Council.
been
(e) Public Works Directorrep
eenrKatherted ineaand cTtgalydhStreets (crossingSummer
requested on 116 that this should not be vacated
Creek). He stated that it was his feeling
and requested direction from Council before recommending that the property
owner formally file for vacation.
Consensus of Council was that they would not agree to grant this vacation.
REGULAR MEETING ADJOURNED: 9:10 P.M-
EXECUTIVE SESSION CONVENED* 9:25 P.M. to discuss
Under provisions of ORS 192,660 (2) (a) Council met in Executive Session
TPOA labor negotiations.
EXECUTIVE SESSION ADJOURNED: 9:50 P.M.
REGULAR MEETING RECONVENED: 9:51 P.M.
ed by Councilman Cook to reject the TPOA proposal
Motion by Councilman Brian, second
of. May 8, 1980.
Proposal rejected by unanimous vote of Council.
REGULAR MEETING ADJOURNED: 9:25 F.M. l r
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City ,Recorder
ATTEST:
PAGE 6 - REGULAR MEETING COUNCIL MINUTES - May 12, 1980
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PAYMENT OF BILLS FOR COUNCIL APPROVAL tt
PROGRAM BUDGET April 30, 1980
Community Protection
Police 7,248.87
i
Public Works 1,118.62
Municipal Court 289.61
Planning 700.28
Building 527.76
Total Community Protection 9,885.14
Home & Community Quality
Public Works 12,074.08
Social Services
Library 2,259.70
Aged Services
Youth Services
Historical
Total Social Services 2,259.70
Policy & Administration
Mayor & Council 96.55
Administration 376.65
Finance 1,340.95
Total Policy & Administration 1,814.15
City Wide Support Functions
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Non-departmental 8,688.64
Misc. Accounts (refunds & payroll deductions, etc.) 20,589.91
CAPITOL BUDGET
Community Protections
Road Acquisition & Dev.
Parks Acquisition & Dev. 3,451.50
Storm Drainage 6;`509.87
Total Community Protection 9,961.37
Support Services
Building Improvements
DEBT SERVICE
General Obligation Bond
19 815.06
�. Bancroft Bond 3
UNIFIED SEWERAGE AGENCY
Contract 70,060.98
TOTAL AMOUNT OF CHECKS WRITTEN 155,149.03
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METROPOLITAN BRANCH
vlczcsa nnve" 5821 N.E. GLISAN, PORTLAND, OREGON)97213
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Telephone 238-7437 May 5, 1980
In Reply Refer to
Fite No.
Raeldon Barker, Administrator 134-1946
City of Tigard
12420 S.W. Main Street
Tigard, OR 97223
Subject: S.W. 72nd Avenue Interchange
Final Environmental Assessment
Dear Ray:
The Oregon Department of Transportation has nearly completed the
Final Environmental Assessment on the S.W. 72nd Avenue Interchange
project. In conjunction with the finalization of the document,
ODOT has reviewed the traffic data in response to your request per
Resolution 80-07.
The new traffic counts showed that all links with the exception of
Highway 217 are in agreement with MSD projections. The new counts
on Highway 217 indicate the traffic projection for 1996 in the DEIS
is low. Using the new traffic projections, the "worst case" noise
levels 'did not change.
Since the new data confirms the original study, no additional
analysis will be performed.
A question still remains as to possible mitigation of noise 'impacts
to the baseball field area of the school district property. Our
administration doesnot recommend mitigation of this receptor since
interior noise levels are not;predicted to be above FHWA interior
design_noise levels. Therefore, ODOT could not provide matching funds.
As stated in the draft noise study report, if the school district or
the City of Tigard feels that the noise mitigation for the school
district is warranted, and would be willing to provide the local
matching funds, ODOT Mould reconsider` federal funding.
It is anticipated that the local match for the noise mitigation would
range from $25,000 to $30,000.
fi
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a
a
R. J. Kleinschmit May; 5, 1980
page 2
Before the final noise study report can be completed, we need to
know the final decision on all noise mitigation issues. Hopefully
we can conclude this process in a few weeks.
Please feel free to call me if you have any questions.
Ron Kleinschmit
Project Coordinator
RJK:P
cc: D. R. Adams
G. A. Potter
A. E. George
D. L. lei l ber
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e_4� Tv RECEIVED
APR 2 J1980 (503) 6 39-3 10 1
CITY Of TIGARD
TUALATIN DEVELOPMENT CO., INC.
15300 S. W. 116th Avenue TIGARD, OREGON 97223
April 23, 1980
City of Tigard
City Council
12420 SW Main
Tigard, Oregon: 97223
RE: Studio Estates Subdivision - A Portion of Summerfield
Gentlemen:
I am requesting a waiver of the provision for M.C. 17.09.010 and
17.06.120, relating to bonding and compliance agreement for sub--
divisions because all public utilities are presently available
and no public works construction is required.
Sincerely,
TUAIATIN DEVB fOPIMENT CO., INC.
;01YJro'n
Vice resident
RB/jl
cc: Aldie Howard, Planning Director
Frank Currie, Public Works Director
,Kpril 27, 1930
R the rO eTtl L _!t?I' of ..far-,cod }..est .te.s
Mderstand rLhat mw,ies L-ve been sot a-side e to
lvndscn,Q property at the entrance 0) the T.erwood
Estates Subdivision bordering Durham Pond <.nd
,:crena Court.
It is cur taiderste nd—rig that the developer
must complete this project before :)ur sulbdi,Asion
be r-,pproved by the City of `i'ig_:rd,
;`re hereby &r-, th. t the City Council :ct
immediately and tz-.,',,e aporoprirte action to correct
t ALs )roolew.
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