City Council Packet - 05/22/1972 T It;ARD Tx COUNCIL.
REGULAR MEETIt;G
CHARLES F, TIGARD GRADE SCHOOL
ADM'_NISTRATION ROOM
MAY 22, 1972, 7,30 P,M�
AGENDA
1, CALL TO ORDER
2, ROLL CALL
3. PLEDGE OF ALLEGIANCE
4, APPROVAL OF MINUTES, May 8, 1972
S, WRITTEN COMMUNICATIONS §
6., APPROVAL OF BILLS �4y�.992 23
7o REZONING APPLICATION - Application. by S„H„ Lindquist. and D-A,
Lee for a change of zone classi.Eication from R-7 Single
Family Residential to P-D, Planned Development on a 17 61 acre
parcel located on E',; side of S.W. Hall Blvd, approximately 300
feet south of SX, Bonita Road. (Tax Map 2S1 128„ 'Pax Lot 1800,
(a) Setting of Public Hearing 8e00 P.M. :June 12., 1912
8. ORDINANCE No. 72-_ AN ORDINANCE REGULATING THE COLLECT'I:CN, HAULING
AND DISPOSAL AND STORAGE OF WASTE MATERIALS,
GRANTING AN EXCLUSIVE FRANCHISE THEREFOR,
DEFINING THE TERMS THEREOF, ESTABLISHING
COLLECTION RATES,; PROVIDING PENALTIES FOR
VIOLATION, AND DECLARING AN EMERGENCY„
(a) Recommendation of City Administrator
9„ ORDINANCE No, 72a AN ORDINANCE REGULATING THE MAINTENANCE OF
SWIMMING POOLS, OR OTHER ARTIFICIAL BODIES OF
WATER; PROVIDING FOR THE FENCING AND OTHER
PROTLCTIVE MEASURES AND PROVIDING A PENALTY
FOR VIOLATION THEREOF, DECLARING AN EMERGENCY s
AND PRESCRIBING AN EFFECTIVE DATE,
(a) Recommendation of City Administrator
10� ORDINANCE No. 72=31, AN ORDINANCE AMENDING SECTIONS 120-3 AND
140>4 OF ORDINANCE No 70-32 -. "CITY OF
TIGARD ZONING ORDINANCE OF 197011 - WITH
RESPECT TO UNIT DENSITY IN A-2 MULTIPLE-
FAMILY RESIDENTIAL ZONES, AND FRONT YARD
SETBACK IN C-3„ GENERAL COMMERCIAL ZONES,
PRESCRkBING EFFECTIVE DATE AND DECLARING;
I AN EME;,RGENC'x o
s �-
(a) Second reading of ordinance
11. ORDINANCE No. 7235 AN ORDINANCE AMENDING AND SUPPLEMENTING
ORDINANCE No. 70-32 "CITY OF TIGARD ZONING
ORDINANCE OF 1970" -- TO INCLUDE THEREIN
CHAPTER 105 - S1TE DEVELOPMENT PLAN REVIEW,
INCIDENT TO ISSUANCE OF BUILDING PERMITS
WITHIN A-2, C=3, C-4, C-5, C-P:, M-2, AND
M-4 ZONES AND CONDITIONAL USES THEREOF,
PRESCRIBING PROCEDURES, PRESCRIBING EFFECTIVE
DATE AND DECLARING AN EMERGENCY.
(a) Tabled from May 7th meeting
12. SCHEDULE SPECIAL COUNCIL MEETING - Canvass Results of Primary
Vote
(a) Recommendation of City Administrator
13. RESOLUTION OF PLANNING COMMISSION REQUESTING HEARING ON AMENDMENT
TO SIGN ORDINANCE REGARDING OUTDOOR ADVERTISING,
(a) Recommendation of City Administrator
(b) Setting of Public Hearing
14. EXCEPTION TO MDRATORIUM FOR ISSUANCE OF BUILDING PERMITS
Columbia Custom Homes
Property is located on the N.E. corner of S.W. 115th Avenue and
S.W. Gaarde Street, Map No. 2S1 3DC, Tax Lot 900, Request
for exception to allow issuance of building permits for second
phase of development.
(a) Public Hearing,8:00 P.M.
15. PROPOSED 1972-73 BUDGET
_(a) Public Hearing, 8:00 P.M.
16. ORDINANCE No. 72- AN ORDINANCE ADOPTING THE BUDGET FOR THE
i YEAR 1972-73a PROVIDING;FOR A SPECIAL
ELECTION TO BE HELD IN THE CITY OF TIGARD ON
JUNE 6, 1972 FOR THE PURPOSE(OF'SUBMITTING
TO THE LEGAL VOTERS OF THE CITY THE QUESTION
OF LEVYING TAXES FOR THE YEAR BEGINNING JULY
1, 1972 AND ENDING JUNE 30; ,1973 FOR
MAINTENANCE'AND OPERATION OF THE CITY IN THE
SUM OF $118,943,00 IN EXCESS OF THE TAX BASE
AND DECLARING AN EMERGENCY
(a) Recommendation of City Administrator
t-
17. REPORT ON 115th AVENUE L.I.D. FORMATION
t, (a) Recommendation"of City Administrator
�u
y,
18. OTHER BUSINESS
19. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK
20. ADJOURNMENT
PAGE 2 - COUNCIL AGENDA,- MAY 22, 1972
r
i
T I G A R D C I T Y C O U N C I L
REGULAR MEETING MAY 22, 1972, 7:30 P,,M,
1, ROLL CALL: Present: Mayor Daniel L� Larsen= Councilmen
Floyd H., Bergmann, Robert C. Moore, Charles L.
Norton; Councilwoman Carolyn J., Paisley; Stephen
M. Telfer, City Administrator, Fred A. Anderson,
City Attorney; Nick Hiebert„ Acting Director of
Public Works; Ray Rangla, City planner,
Doris Hartig, City Recorder
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES, May 8, 1972
(a) Approved as submitted
h. WRITTEN COMMUNICATIONS
(a) Notice of General Assembly meeting of CRAG to be held
May 25, 1972, 7:00 P.M.
5. APPROVAL OF BILLS •_. $49,992223
(a) Motion to approve: Councilwoman Paisley, seconded by
Councilman Moore.
Approved by unanimous vote of Council.
6„ REZONING APPLICATION - Application by S. H, Lindquist and D. A.
Lee for a change of zone classification from R--7, single Family
' Residential to P-D, Planned Development on a 7,61 acre parcel
` located on East side of S.W. Hall Blvd, approximately 300 feet
south of S.W. Bonita Road. (Tax Map '2S1 125, Tax'Lot`1800).
(a) Setting of Public Hearing 8:00 P.M., June 12, 1972,
(b) Motion to set hearing: -Councilman Norton, seconded by
councilman'.Moore.
Approved by unanimous vote of Council,
7, ORDINANCE No, 72-36 AN ORDINANCE REGULATING THE COLLECTION,
HAULING AND DISPOSAL AND STORAGE OF WASTE
MATERIALS, GRANTING AN EXCLUSIVE'FRANCHISE
THEREFOR, DEFINING THE cTERMS'THEREOF, a
ESTABLISHING COLLECTION RATES, PROVIDING'
PENALTIES FOR VIOLATION, AND DECLARING AN
EMERGENCY. (Schmidt°s Sanitary;Service)
(a) City Administrator stated proposed ordinance would
expire December 31, 1975 and establish and franchise
with Schmidt, who served the Canterbury Lane area,
(b) Motion to approve: Councilman Bergmann, seconded by
Councilman Norton.
Approved by unanimous vote of Council.
8. ORDINANCE No. 72-37 AN ORDINANCE REGULATING THE MAINTENANCE
OF SWIMMING POOLS, OR OTHER ARTIFICIAL BODIES
OF WATER, PROVIDING FOR THE FENCING AND OTHER
PROTECTIVE MEASURES AND PROVIDING A PENALTY
FOR VIOLATION THEREOF, DECLARING AN EMERGENCY
AND PRESCRIBING AN EFFECTIVE'DATE.
a (a) Motion to adopt.: Councilman Norton, seconded by
Councilman Bergmann
Approved by majority vote of Council present. Roll call
of vote as follows. Councilman Bergmann; AYEo Councilman
Moore, NAY,, Councilman Norton, AYE; Councilwoman s
Paisley, AYE,, Mayor Larsen, AYE.
Since ordinance did not pass by unanimous vote, second �g
reading will be June 12, 1.972 Council meeting.
9. ORDINANCE No. 7234 AN ORDINANCE AMENDING SECTIONS 120-V3 AND
1.40-4 OF ORDINANCE No. 70-32 - "CITY OF TIGARD
ZONING ORDINANCE OF 1970" WITH RESPECT
TO UNIT DENSITY IN A--2, MULTIPLE-FAMILY
RESIDENTIAL ZONES, AND FRONT YARD SETBACK
IN C-3, GENERAL COMMERCIAL ZONES, PRESCRIBING
EFFECTIVE DATE AND DECLARING AN EMERGENCY,
(a) Second reading of ordinance.
(b) Motion to adopt, Councilman Norton, seconded by Council-
woman Paisley,
Mr. Gilbert Pierce (from audience) questioned the square
footage allowed for duplexes. City Administrator
explained.
Ordinance was approved by unanimous vote of Council.
10. ORDINANCE No. 72-35 AN ORDINANCE AMENDING AND SUPPLEMENTING
ORDINANCE No. 70-32 - "CITY OF TIGARD
ZONING ORDINANCE OF 1970" - TO INCLUDE
-_ THEREIN CHAPTER 105 - SITE DEVELOPMENT PLAN
REVIEW, INCIDENT TO ISSUANCE OF BUILDING
PERMITS WITHIN A-2, C-3, C-4, C-5, C-P, -
M-2, AND M-4 ZONES AND CONDITIONAL USES
THEREOF,r PRESCRIBING PROCEDURES, PRESCRIBING
EFFECTIVE DATE AND DECLARING AN EMERGENCY, r
Tabled from Council meeting of May-22nd, 1972.
(a) Motion to adopt- Councilwoman Paisley, seconded by
Councilman Moore.
(b) Motion by Councilman Norton to amend'ordinance that would
delete,all language referring to structual language and
refer only to site plan review. There was no second to
motion. Councilman Moore suggested Council study', $
proposed ordinance further,
Councilman Norton withdrew motion
(c) _ Motion by Councilman Norton that ordinance be tabled and
referred to a design review study committee, composed
of members of council, for the purpose of studying
whether site review ordinance should be adopted8 motion
seconded by Councilman Bergmann.
Motion to table ordinance denied by majority vote.of
Council. -Roll call of Grote as follows. Councilman Bergmann,
AYEY`-Councilman Moore, NAYS 'Councilman Norton, AYE; Council-
woman,Paisley, 'NAYB Mayor Larsen, NAY.
PAGE 2 - COUNCIL MINUTES '- May 22, 1972
(d) Councilman Norton made motion Council appoint committee of
at least 7 members, corxsisting of an arctnitect, member
of city council„ member of planning roxmi ssion and balance
from community at large, motion seconded by Councilman
Bergmann.
Motion denied by majority vote of Council, RoII call of
vote as follows: Councilman Bergmann., AYE,, Councilman
Moore, NAY Councilman Norton. AYE, Councilwoman, Paisley,
NAYV Mayor Larsen, NAY,
Councilman Moore suggested ordinance be placed on next
study session agenda,
11> SCHEDULE SPECIAL COUNCIL MEETING Canvass Results of Vote May
23, 1972 with Respect to Proposed Charter Changes,
(a) City Administrator reccsrimiended Council meet May 26, 1972„
4.00 P�M, in his office for the purpose of certifying the
results of the election,
(b) Motion to schedule special meet-,rag May 26,, 1972: Councilman
Moore, seconded by Councilman Bergmann,
Approved by unanimous vote of Council,
12. RESOLUTION OF PLANNING COMMISSION REQUESTING HEARING ON AMENDMENT
TO SIGN ORDINANCE REGARDING OUTDOOR ADVERTISING
(a) City Administrator stated item was placed on agenda at
request of Planning Commission and suggested Council
hold a public hearing,
(b) Bill Barber of Foster and Kleiser Outdoor Advertising Co.
stated they had received no complaints regarding proposed
signs and requested an opportunity to meet with Planning
Commission prior to Council public hearing.
(c) Motion by Councilman Moore to set public hearing 8.00 P.M.
June 26, 1972a seconded by Councilwoman Paisley,
Approved by majority vote of Council present. Roll call
of vote as follows: Councilman Bergmann, A.YEB `Councilman
Moore, AYE; Councilman Norton, NAY, Councilwoman Paisley,
AYE, Mayor Larsen, AYE.
13. EXCEPTION TO MORATORIUM FOR ISSUANCE OF BUILDING PERMITS-
,r
COLUMBIA CUSTOM HOMES
Property is located on the N.E. corner of S.W. 115th Avenue and
S.W. Gaarde Street, Map No 2SI 3DC, Tax Lot 400, Request for
exception to allow issuance of building permits for second
` phase of development.
(a) 8:00 P.M. Public Hearing
Mr. Nick Bunick, General Manacrer, testified regarding
proposed exception.
Mr. Robert Burrow questioned procedure regarding granting
of:exception to moratorium, �
Public Hearing Closed.
PAGE 3'- COUNCIL MINUTES - May 22, 1972
r
(b) City Administrator stated two construction companies in
Canterbury Square had pxeiduced bonds and paid fees for
their building permits. Therefore, interim improvements
that were required as a part of moratorium for improvement
of intersection of Gaarde and 99W could be accomplished,
i,.e, the off-ramp off 99W and closure of the intersection
of the frontage road on S W Gaarde., Deposit has been
made for their share of the traffic sigr..aA, S+xbdivisions
on 115th have executed their agreements and money has been
deposited for their share of the traffic signal. City
Administrator reported all conditions and requirements
imposed by Council have been met by the developers,
(c) Motion by Councilman Nart.on to grant. an, exception to the
moratorium to Columbia Custom Homes for the issuance of
building permits, not to exceed 10 single family homes, and
not to have occupancy until the completion of interim
improvements at intersection of 99W and S.W, Gaarde;
seconded by Councilman Moore.
Approved by unanimous vote of Council,
14, PROPOSED 1972-73 BUDGET
(a) City Administrator reviewed budget and explained proposed
1972-73 tax levy, s
(b) Public Hearing B-400 P,M.
Those who testified for
Norman Hartmann, 14170 S.W. 93rd
Public Hearing Closed
15. ORDINANCE No. 72-38 AN ORDINANCE ADOPTING THE BUDGET FOR THE YEAR
1972-73, PROVIDING FOR A SPECIAL ELECTION TO
BE HELD IN THE,CITY OF TIGARD ON JUNE 5, 1972,
FOR THE PURPOSE OF SUBMITTING TO THE LEGAL
VOTERS OF THE CITY THE QUESTION OF LEVYING
TAXES FOR THE YEAR BEGINNING JULY 1, 1972,
AND ENDING JUNE 30, 1973, FOR MAINTENANCE AND
OPERATION OF THE CITY IN THE SUM OF $118,943,00 T
IN EXCESS OF THE TAX BASE, AND DECLARING
t
AN EMERGENCY.
(a) Motion to adopt: Councilman Moore, seconded by Council-
woman Paisley.
Approved by unanimous vote of council,
16, REPORT ON 115TH AVENUE L.I.D. N
(a) City Administrator stated a preliminary meeting was held -
a last Friday, May 19th, "Another meeting will be scheduled
` within the next'.week or two regarding the improvement
of S.W. 115th,
OTHER BUSINESS
A. SURRENDER OF MAINTENANCE AND JURISDICTION OF COUNTY ROADS
PAGE 4'- COUNCIL MINUTES - May 22, 1972
(a) City Administrator reported the Washington County Board of
Commissioners have adopted rest int ion and order #72-82
which upon radificat.ic,r by City Council of acceptance,
will be effective. Camp:et.e sur render at streets suggested
by City of Tigard Resolution Y '. -6 except S.W. Pfaffle
Street, City Adm nzstraLor requested Council accept
maintenance and )ur:sdicticio of roads listed on the
attached Exhibit A of county R"asowt.irn a order # 12-"80
(b) M+stion by councilman M:�,sre t,,:N accept ma nterzance and
jurisdiction of roads listed in County Resolution 5
Order # 72-8.1 seconded by councilman Norton.
Approved by unanimous vote of Coanc,l.
(e) City Attorney suggested the action, of County be ratified
by ordinance. Cou cit requested Attorney to prepare
appropriate ordinance,
B. STREET OVERLAY AND IMPROVEMENT
(a) City Administrator reported Public Works Dept. had �
prepared specifications and suggested list of streets
for street asphalt overlay work to be done prior to July 1,
1972,
(b) Motion by Councilman 6ercimann to approve specifications,
subject to approval of City Attorney, and call for bids
for street overlay work;, seconded by councilwoman paisley.
Approved by unanimous vete of Council,
C. CITY OF TIGARD VS WASHINGTON COUNTY
(a) City Attorney Anderson reported ,Budge Musick had
allowed City's motion to join Rossi and Foremost
Mobile Hones, however, he had not ruled on demurrer,
City Attorney will keep Council posted on new developments,
D. ADJOURNMENT: 9.15 P.M.
City Recorder
ATTEST:
Mayor
PAGE 5 - COUNCIL MINUTES _ May 22, 1972 F•