City Council Packet - 12/23/1968 TIGARD CITY COUNCIL
REGULAR MEETING
DECEMBER 23, 1968, 7:30 P.M.
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE, OF ALLEGIANCE
4. APPROVAL OF MINUTES, December 9, 1968
5. WRITTEN COMMUNICATIONS
6. CLASS "A" DISPENSERS LICENSE APPLICATION - Lee's Restaurant
(a) Recommendation of City Administrator
7. STAN ADKINS APPEAL RE: PARKING BY DAIRY QUEEN
(a) Recommendation of City Administrator
8. RESOLUTION 68 - RE: STREET LIGHTING POLICY
(a) Recommendation of City Administrator
9. RESOLUTION 68-_ - RESOLUTION WHEREIN CITY OF TIGARD AGREES WITH OTHER
AGENCIES IN AREA TO REQUEST STATE HIGHWAY COMMISSION
TO PLACE MULTNOMAH BOULEVARD, JOHNSON CREEK. BLVD.
CORRIDOR ON STATE HIGHWAY'S PRIMARY SYSTEM.
(a) Recommendation of City Administrator
10. POLICE PRESENTATION OF AWARDS
(a) ; Recommendation of City Administrator
11., SEVERSON SEWER LIEN FORECLOSURE
(a) _ Recommendation of City Administrator .
12. ORDINANCE 68- - AMEND PETTY CASH ORDINANCE TO INCLUDE POLICE
DEPARTMENT`--$100.00
(a) .Recommendation of City Administrator
13. STANDARD INVESTMENT COMPANY REZONING - 9770 SW Shady Lane (vicinity
95th & Greenburg-Beaverton-
Tigard Highway) Present Zone R-7
(Residential) requested zone
C-3 (Commercial) Map`1S1 `35B-
Tax Lot 1100. Request approved
by Planning & Zoning;Commission
(a) Set Public Hearing January 13, 1968 - 8:00 P.M.
14. ORDINANCE No. 68 - - AN ORDINANCE ANNEXING TO THE CITY OF TIGARD
LANDS OF CLARENCE L.'MARDOCK &`DORIS I.
MARDOCK et al, in Sec. ;1, T2S,' R1W, W.M.
WASHINGTON COUNTY, OREGON (vicinity of S.W.
72nd;&-Hunziker)
(a) ' Public Hearing - 8:00 P.M.
(b) Adoption of Ordinance
page 1
15. ORDINANCE No. 68 - - AN ORDINANCE ANNEXING TO THE CITY OF TIGARD
LANDS in Sec. 10, T2S, R1W, W.M. WASHINGTON
COUNTY, OREGON, COMMONLY DESIGNATED THE
"CANTERBURY CREST ANNEXATION" (Vicinity of
S.W. Pacific Highway & Canterbury Crest)
(a) Public Hearing 8:00 P.M.
(b) Adoption of Ordinance
16. ORDINANCE No. 68 - AN ORDINANCE GRANTING A ZONE CHANGE WITH
RESPECT TO THE LANDS OF WILLIAM HOLDEN, -
J. F. CORPORATION in Section 1, T2S, R1W, W.M. -
WASHINGTON COUNTY, OREGON (Vicinity of S.W.
72nd & Hampton Street) . Appeal of denial by
Planning& Zoning Commission.
(a) Public Hearing 8:00 P.M.
(b) Adoption of Ordinance
17. CONDITIONAL USE APPEAL - HOWARD ADKINS, PROPERTY LOCATED AT 10010 SW
GARRETT, 2S1 2CB, Tax Lot 3600, R-7 (Resident-
ial) ; requested zone, Planned Residential Use,
16 unit apartment. Approved by Planning &
Zoning Commission.
(a) Public Hearing 8:00 P.M.
(b) Approval of Conditional Use
18. OTHER BUSINESS
19. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK
20. ADJOURNMENT
A page 2 (12-23-68)
T_ I G A R D CITY C O U N C I L
REGULAR MEETING DECEMBER 23, 1968, 7:30 P.M.
1. ROLL CALL: Present: Mayor E. G. Kyle, Councilmen Floyd H. Bergmann,
Harvey L. Knauss, Robert C. Moore; Fred A. Anderson,
City Attorney; Stephen M. Telfer. City Administrator;
Doris Hartig, City Recorder.
Absent: Councilman W. Del Ball
2. PLEDGE OF ALLEGIANCE
3. MINUTE$ FOR APPROVAL, December 9, 1968
(a) Approved as submitted
4. COMMUNICATIONS
(a) Mayor Kyle read letter of resignation from Councilman W. Del Ball.
(b) Motion to accept resignation: Councilman Moore, seconded
b Councilman Bergmann
Approved by unanimous vote of Council present.
5. CLASS "A" DISPENSERS LICENSE APPLICATION - Lee's Restaurant
(a) City Administrator stated Police Department had reviewed and
approved application. Administrator recommended approval.
(b) Motion to approve: Councilman Bergmann, seconded by
Councilman Knauss.
Approved by unanimous vote of Council present.
6. STAN'ADKINS APPEAL RE: PARKING BY THE DAIRY QUEEN`
(a) City Administrator reviewed his previous recommendation to
narrow the driveway from three lanes to two_15' marked lanes.
If recommendation adopted,,there would be safer access from
S. W Pacific Highway. Council, City;Staff, Mr. Paterson,
Chairman of Planning and Zoning Commission discussed situation.
it was pointed out traffic problem is increasing as area
develops.
(b) Motion,by Councilman Moore to uphold the Planning and Zoning
Commission's action, as approved December 18, ;1967, `requiring
parallel parking. 'Motion seconded by;Councilman Bergmann.
Approved by unanimous vote of Council present.
7. 'STREET LIGHTING POLICY
(a) City Administrator requested matter be set-over to next
Council meeting.
8. ;RESOLUTION 68-24 - RESOLUTION WHEREIN CITY OF TIGARD AGREES WITH OTHER
AGENCIES IN AREA TO REQU-.ST STATE HIGHWAY COMMISS-
ION TO PLACE MULTNOMAH BOULEVARD, JOHNSON CREEK
BOULEVARD CORRIDOR ON STATE HIGHWAY'S PRIMARY
SYSTEM.
(a) Motion to adopt: Councilman Bergmann, seconded by Councilman
Knauss.
Approved by unanimous vote of Council present.
9. PRESENTATION OF AWARDS FOR POLICE DEPARTMENT
(a) City Administrator stated City has two new positions in 1968-69
Budget for police agent. The police department has conducted
written and oral examinations and two members of the department
received the highest scores. The Administrator recommended the
City promote Donald Barbur and Gerald Edwards to the positions
of police agent effective January 1, 1969.
(b) Motion by Councilman Moore to promote Otficers Gerald Edwards
and Donald Barbur to the positions of police agent effective
January 1, 1969; seconded by Councilman Bergmann. -
Appruved by unanimous vote of Council present.
Mayor Kyle presented officers with badges and certificates.
10. SEVERSON SEWER LIEN FORECLOSURE
(a) City Administrator reported a delinquent sewer assessment on
the property located at 10315 S.W. Hillview. The City has been
unable to collect the assessment and requested Council authorize
the City Attorney to proceed with foreclosure.
(b) Motion by Councilman Bergmann to instruct City Attorney to
proceed with foreclosure, seconded by Councilman Knauss.
Approved by unanimous vote of Council present.
11. ORDINANCE No. 68-95 - AN ORDINANCE AMENDING ORDINANCE No. 67-71
(IMPREST CASH ACCOUNTS) PASSED BY THE CITY
COUNCIL ON THE 11th DAY OF DECEMBER, 1967, TO
ADD THERETO AN ADDITIONAL IMPREST CASH ACCOUNT
FOR THE HANDLING OF MINOR. DISBURSEMENTS_FOR
POLICE DEPARTMENT PURPOSES WITHIN THE ;GENERAL
FUND, AUTHORIZING THE TRANSFER OF MONEY,'THERETO, '
PRESCRIBING THE PROCEDURE FOR THE ACCOUNTING
THEREOF, AND DECLARING AN EMERGENCY.
(a) City Administrator requested establishment of an imprest
cash account for the police department to be used for the
purpose of purchasingevidentiary material.
(b) Motion to adopt: Councilman Knauss, seconded by Councilman
Moore.
Approved by unanimous vote of Council present.
12. STANDARD INVESTMENT COMPANY REZONING - 9770 S.W. Shady Lane
(vicinity of 95th &'Greenburg-
Beaverton Tigard Highway)
Present Zone R-7 (Residential),
requested zone C-3 (Commercial) ''
Map 1S1 35B Tax Lot 1100."
(a) Set Public Hearing January 13, 1969 - 8:00 P.M.
(b) Motion to set Public Hearing: Councilman Moore, seconded by
Councilman Knauss.
Approved;by unanimous vote of Council present.
page 2 (12-23-68)
13. ORDINANCE No. 68-96 - AN ORDINANCE ANNEXING TO THE CITY OF TIGARD
LANDS OF CLARENCE L. MARDOCK & DORIS I. MARDOCK
et al, in Sec. 1, T2S, R1W, W.M. WASHINGTON
COUNTY, OREGON
(a) Public Hearing - 8:00 P.M.
No Testimony - Hearing Closed
(b) Motion to adopt: Councilman Bergmann, seconded by Councilman
Moore.
Approved by unanimous vote of Council present.
14. ORDINANCE No. 68 - _-AN ORDINANCE ANNEXING TO THE CITY OF TIGARD
LANDS in Sec. 10, T2S, R1W, W.M. WASHINGTON
COUNTY, OREGON, COMMONLY DESIGNATED THE
"CANTERBURY CREST ANNEXATION" (Vicinity of
S. W. Pacific Highway & Canterbury Crest)
(a) Public Hearing 8:00 P.M.
Mr. Annand, property owner, stated he would like to annex his
property to the City.
City Administrator reported an error in publishing the legal
description and requested public hearing be continued to 8:00 P.M.
January 13, 1969. By so doing, the City could meet the legal
requirements of publishing.
Mayor Kyle continued the public hearing to 8:00 P.M. January 13,
1969.
15. ORDINANCE No. 68 AN ORDINANCE GRANTING A ZONE CHANGE WITH
RESPECT TO THE LANDS, OF-WILLIAM HOLDEN-
J. F.
OLDENJ.'F. CORPORATION in Section 1, T2S, R1W, W.M.
WASHINGTON COUNTY,:OREGON (Vicinity of S.W.` 72nd '
& Hampton Street) Present Zone R-7 (Residential) -
requested zone C-3 (Commercial)
Appeal of denial by Planning & Zoning Commission
(a) Public Hearing 8:00 P.M.
Mr. Bob Lukas, of 7020 S.W. Gonzaga testified against zone
changer
Public Hearing Closed.
(b) Motion to deny application: CouncilmanMoore seconded by
Councilman Bergmann.'
Approved by unanimous vote of Council present.
16. CONDITIONAL' USE APPEAL - HOWARD'ADKINS', PROPERTY LOCATED AT 10010
S.W.;GARRETT, 2S1-2CB, Tax Lot 3600, R-7
« (Residential); requested zone Planned
Residential, 16 unit apartment. Approved by
Planning and Zoning Commission.
(a) Public Hearing 8:00 P.M.
Attorney R. W. Nahstall, representing Mr. Adkins, testified for
the Conditional Use. Mr. Nahstall presented slides of area in
relation to requested planned residential 'development.
page'3 (12-23-68)
Those who testified against conditional use application:
Mrs. Marianne Sabisch,9995 S.W. Garrett, submitted letter
signed by residents in area opposing conditional use.
Mayor Kyle read letter to Council.
Mrs. Sabisch also testified
Mr. Chester Curry, 9975 S.W. Garrett
Mr. Frank Cresmer, 9980 S.W. Garrett
Public Hearing Closed
Council, City Staff, Mr. Alan Paterson, Chairman of Planning &
Zoning Commission discussed proposal. City Attorney pointed
out it would be advisable to draft an ordinance for requested
change.
(b) Motion by Councilman Moore to instruct City Attorney to draft
an ordinance allowing for conditional use as requested.
Motion seconded by Councilman Bergmann.
Roll Call of vote as follows: Councilman Bergmann, NAY;
Councilman Knauss, NAY; Councilman Moore, AYE; Mayor Kyle, AYE.
Motion failed for lack of majority vote and by failing to
instruct the City Attorn v to draft an ordinance the application
for conditional use was _enied.
17. RESOLUTION 68-25 - RESOLUTIOi. RECOGNIZING MERITORIOUS SERVICE OF
COUNCILMAN HARVEY L. KNAUSS.
(a) Mayor Kyle presented copy of Resolution to Councilman Knauss
whose term of office expired December 31, 1968.
RESOLUTION 68-26 - RESOLUTION RECOGNIZING MERITORIOUS SERVICE OF
COUNCILMAN W. DEL BALL.
(a) Mayor Kyle requested copy of Resolution be presented to
Councilman Ball who resigned because of ill health.
(b) Motion to adopt resolutions: Councilman Moore,''seconded by
CouncilmanBergmann.
Approved by unanimous vote of Council present.
OTHER BUSINESS
A. Griffin-Brayson`Agreement. Attorney Anderson inquired if City was
satisfied;with'agreement between Griffin-Brayson and the City of
Tigard. Pending the attaining of required signatures, Council
indicated they would be satisfied.
B. Adjournment: 9:00 P.M.
City Recorder
ATTEST: <
Mayor
page 4 `'(12-23-68)
COUNTRY PIIICES ARE LOWER
BALL
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