City Council Packet - 05/12/1975 TIGARD CITY COUNCIL
REGULAR MEETING
MAY 12, 1975, 7:30 P.M.
FOWLER JUNIOR HIGH SCHOOL
LECTURE ROOM
AGENDA:
1. CALL TO ORDER
1.
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES - Special Meeting & Study Session April 21, 1975, Regular
Meeting April 289 1975, Special Meeting May 5, 1975
S. WRITTEN COMMUNICATIONS
6. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS
7. APPROVAL OF EXPENDITURES & INVESTMENTS $135,521.49
8. ACCEPT BID AND AWARD CONTRACT - S. W. HUNZIKER STREET IMPROVEMENT DISTRICT
(a) Recommendatirn of City Administrator
9. RESOLUTION 75- - RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC
_-. IMPROVEMENTS CONSTRUCTED WITHIN VIEWMOUNT SUBDIVISION AND
AUTHORIZING RELEASE OF THE MAINTENANCE BOND THEREFORE.
(a) Recommendation of City Administrator
10. RESOLUTION 75- - A RESOLUTION CONCERNING VACATION OF PORTIONS OF THREE UNDEVELOPED
50 FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAYS, IN GRAHAM ACRES
SUBDIVISION, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
(a) Setting of Public Heating 8:00 P. M., June 23, 1975
11. VARIANCE REQUEST - BISSETT & OREGON BANK
Requast to vary driveway standards of Chapter 1.5, Section 14.04.080
(d) Tigard Munt1 -Ipal C^d. as they pertain to a pr_pcsed banking facility
at the i.nterse.!:icn of G,Aenburg Road and Pacifla Highway.
8:00 P. M. P'jblic. Hea-ing
(a) Statement. of facts by Planning Director
(b) Public Testimony
Cross Examination
(c) Hearing Closed
(d) Consideration by Council
12. GARBAGE FRANCHISES
(a) Public Nearing - to elicit public comment -n '_'- ca:rrect franchise syster:.
13. PROPOSED AMENDMENT - To Chapter 18.28, General Cemmer!:Iy_ Zcne and Chapter 1b.32,
Neighhorhecd Commercial Zone with respect to permitted uses,
cc-:9itio a1 uses, lot requirements and landscaping.
8:00 P.M. P;:bli.c. Nssting
(a) StatsmF-nt of facts by Planning Director
(b) Public Testimony
Cross Examination
(c) Hearing Closed
(d) Consideration by Council
ORDINANCE• 75 - AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE, CHAPTERS
18.28, GENERAL COMMERCIAL, AND 18.32, NEIGHBORHOOD
COMMERCIAL, WITH RESPECT TO PERMITTED USES, CONDITIONAL
USES, LOT REQUIREMENTS AND LANDSCAPING REQUIREMENTS:
PRESCRIBING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY.
14. ORDINANCE 75- -AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE IN THE
BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY COMMISSION,
ORDER NO. 799, INVOLVING LANDS OF RANDY 6 KARYN SCHULTZ (67th 6
HAMPTON) S'MION 1, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M.,
WASHINGTON COUNTY, OREGON, RECORDING EFFECTIVE DATE, AND
DECLARING AN EMERGENCY.
15. ACCEPTANCE OF STREET DEDICATION - S. W. 68th
y: (a) Recommendation of City Administrator
16., ACCEPTANCE OF STREET DEDICATION - S. W. LANDMARK LANE
(a) Recommendation of Planning Director
17. RESOLUTION No. 75- - A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING APPOINTMENTS
TO THE TIGARD CITIZENS AND POLICE COUNCIL (T-CAP).
18. ORDINANCE No. 75- AN ORDINANCE CALLING A SPECIAL ELECTION TO BE HELD ON THE
27th DAY OF MAY, 1975, FOR THE PURPOSE OF SUBMITTING TO THE
VOTERS AN AMENDMENT TO THE CITY CHARTER BY ADDING THERETO
CHAPTER 10, SECTION 45, ENTITLED "ZONING AND LAND PLANNING"
PROPOSED BY INITIATIVE PETITION= FIXING AN EFFECTIVE DATE
AND DECLARING AN EMERGENCY.
Second Reading.
19. OTHER
20. EXECUTIVE SESSION
21. ADJOURNMENT
FACE 2 AGENDA - MAY 12, 1975
T I G A R D C I T Y C O U N C I L
REGULAR MEETING MAY 12, 1975 - 7:30 P. M.
1. ROLL CALL: Present: Mayor Wilbur A. Bishop; Councilmen Ralph A. Barkhurst, John E.
Cook, Alan W. Mickelson, Robert C. Moore; R. B. Adams, Chief of Police;
Fred A. Anderson, Legal Counsel; Russel Austin, Building Official; Dick
Bolen, City Planner; Bruce P. Clark, City Administrator; Doris Hartig,
City Recorder.
2. APPROVAL OF MINUTES - Special Meeting 6 Study Session April 21, 1975, Regular Meeting
April 28, 1975, Special Meeting May 5, 1975
(a) Mayor Bishop requested item 10 of April 28, 1975 Minutes be amended to
add the names of the appointed and re-appointed persons to serve on the
Site Development Plan and Design Review Board. The following persons
were appointed to serve as regular members:
Alfred J. Hammes, Businessman Term Expiring 3-1-77
Monte Cook, Architect - Reappointment of " 3-1-77
Reaffirming Reappointment -
Lynn Wakem, Planning Commissioner to of
The following were appointed as alternate members:
James B. Mann, Architect " " 3-1-77
John Kelting -Businessman " " 3-1-77
Tom Whittaker - Planning Commissioner " " 3-1-76
(b) Motion by Councilman Moore to accept Minutes as corrected; seconded by
Councilman Barkhurst.
Approved by unanimous vote of Council.
3. WRITTEN COMMUNICATIONS "
(a) Letter from C.R.A.G. stating a public hearing will be held Wednesday,
May 14, 1975 at 7:30 P. M. with respect to interim transportation plan.
4. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGEFDA ITEMS
(a) Nancy Stimler of S. W. 115th spoke regarding action taken at May 8, 1975
Council meeting. Mrs. Stimler rcquestcd Councilman Moore disqualify himself
and not vote on the initiative petition ordinance that calls for an election
May 27, 1975.
5. APPROVAL OF EXPENDITURES 6 INVESTMENTS: $135,521.49
(a) Motion to approve: Councilman Moore; seconded by Councilman Barkhurst.
Approved by unanimous vote of Council.
6. ACCEPT BID AND AWARD CONTRACT - S. W. HUNZIKER STREET IMPROVEMENT DISTRICT
(a) City Administrator stated the following bids were received:
Tualatin Valley Paving Co. bid $222,345.20
Oregon Asphaltic Paving Co. bid $226,189.47
Kearney Brothers, Inc. bid $198,870
Ic Portland Road 6 Driveway bid $278,824.22
Cornell Excavation Co. bid $271,756.31
y•. Velam Contracting Corporation bid $229,806.90
-All bidders submitted a 10% Bid Bond.
iPAGE '1- Council Minutes- May 12, 1975
s
City Administrator synopsized meeting with property owners to determine their
interest in light of the increased cost and they unanimously agreed to proceed
with the project. However, property owners requested the right-of-way be
acquired by deed instead of easement. City Attorney is preparing new forms
and City staff will contact property owners. City plans to start the project
around June 1, 1975.
Attorney Anderson summarized his memorandum regarding ommissions in bidding
{ specifications, however he had no objections if Council wished to award
the bid based upon the contract as he revised it.
(b) Motion by Councilman Moore to accept bid of Kearney Brothers in amount of
$198,870; subject to the approval of the City Attorney, award the contract;
motion seconded by Councilman Barkhurst.
Approved by unanimous vote of Council.
PTING THE
7. RESOLUTION 75-24 - IMPROVEMENTSSOLUTION FCONSTRUCTED WITHIN THE TIGD CITY OVIEWMOUNTUNCIL ESUBDIVISIONPUBLIC
AND
AUTHORIZING RELEASE OF THE MAINTENANCE BOND THEREFORE.
(a) City Administrator recommended the resolution be passed as submitted.
(b) Motion to adopt: Councilman Barkhurst; seconded by Councilman Cook.
Approved by unanimous vote of Council.
B. Resolution 75-25 - A RESOLUTION CONCERNING VACATION OF PORTIONS OF THREE UNDEVELOPED
50 FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAYS, IN GRAHAM ACRES
SUBDIVISION, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
(a) Setting of public hearing June 23, 1975, 8:00 P. M.
(b) Motion to adopt: Councilman Moore; seconded by Councilman Barkhurst.
Approved by unanimous vote of Council.
9. VARIANCE REQUEST - BISSETT & OREGON BANK
(a) Request to vary driveway standards of Chapter 15, Section 14.04.080 (d)
Tigard Municipal Code as they pertain to a proposed banking facility at the
intersection of Greenburg Road and Pacific Highway.
8:00 P. M. Public Hearing.
(b) Planning Director reported the applicant had requested to have the variance
request withdrawn, however, if the Council wished, the Planning Director was
prepared to procee.' with the hearing. Council and staff discussed if City
could proceed with the hearing on its own motion. Attorney Anderson suggested
the City might want to-continue the hearing to allow the applicant to attend
the meeting.
(c) Motion by Councilman Cook the public hearing be continued to the regular
meeting of June 9 and the applicant be notified; motion seconded by Councilman
Barkhurst.
Approved by unanimous vote of Council.
10. GARBAGE FRANCHISES
i (a) Public Hearing - to elicit public comment on the current franchise system.
(b) City Administrator stated that prior to continuing negotiations with the
three haulers to extend the franchises and amend the ordinance Council had
PACE 2 - Council Minutes - May 12, 1975
s
il
requested a
public hearing to receive testimony regarding the current system. City
Administrator explained the operation of the current franchising system.
Public Hearing opened 8:00 P. M.
Those who testified:
Mike Myers, would like to have choice of the three haulers.
Ken Ledger, would like to have choice of haulers and inquired if it is
necessary for City to license and have control of the system.
Jean Halvorsen, requested information regarding licensing.
Demar Batchelor, representing the three collectors, explained the system
as it related to the collectors in the area.
Roger Emmons, Executive Director of Oregon's Sanitary Service Institute,
reviewed garbage franchise system throughout the State and City's responsibility
with respect to public health. Public Hearing closed.
(c) Council will consider the testimony and pursue the matter further in study
sessions.
(d) Motion by Councilman Cook to continue to next study session; seconded by
Councilman Barkhurst.
Approved by unanimous vote of Council.
Recess 8s50 P. M. - meeting reconvened 9:05 P. M.
11. PROPOSED AMENDMENT - TO CHAPTER 18.28, GENERAL COMMERCIAL ZONE AND CHAPTER 18.32,
NEIGHBORHOOD COMMERCIAL ZONE WITH RESPECT TO PERMITTED USES,
CONDITIONAL USES, LOT REQUIREMENTS AND LANDSCAPING.
8:00 P. M. Public Hearing
(a) Statement of facts by Planning Director and synopsis of Planning background
regarding the amendment: Objectives of the amended ordinance are (1) public
safety (2) appearance of community (3) need for neighborhood convenience
shopping districts (4) commercial professional uses.
Testimony by proponents:
Tom Whittaker, Chairman of Planning Commission
Dick Klumpke, Chairman of N.P.O. #3
Stewart Moore
Tony Maksym - S. W. 72nd Street
Eleanor Halvorson
Herman Porter
Testimony by opponents:
Art Verharen, member Tigard Development Corporation
Lou Fasano, Attorney, representing Jack Robertson
Clarence Brazil, S. W. Hall Blvd.
Chuck Stearns, 13170 S. W. Grant
Gross examination and rebuttal - Tom Whittaker, Tony Maksym, Eleanor Halvorson,
Chuck Stearns, Jack Robertson, Lou Fasano, Planning Director Bolen.
Public Hearing closed.
ORDINANCE 75- - AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE, CHAPTERS
18.28, GENERAL COMMERCIAL, AND 18.32, NEIGHBORHOOD COMMERCIAL,
WITH RESPECT TO PERMITTED USES, CONDITIONAL USES, LOT
REQUIREMENTS AND LANDSCAPING REQUIREMENTS: PRESCRIBING AN
EFFECTIVE DATE AND DECLARING AN EMERGENCY.
PAGE 3 - COUNCIL MINUTES - May 12, 1975
City Recorder read ordinance thrFe times by title. Council discussed the
effect of ordinance on commercial property other than on S. W. Pacific Highway.
Council requested staff prepare a rsport for public distribution of the effect
of the proposed ordinance on pre-existing uses and lots. Council also
discussed considering a companion ordinance to be adopted concurrent with the
proposed ordinance, that would consider the Main Street commercial area.
Councilman Cook requested staff to define curb cuts and who has jurisdiction
over them.
Motion by Councilman Moore to delay a decision until Main Street proposal can
be considered at the same time; motion seconded by Councilman Barkhurst.
Motion passed by a 4-1 vote of Council, Mayor Bishop voting NAY.
Recess 11:25 P. M. - meeting reconvened 11:35 P. M.
12. ORJINANC�% 75-26 - AN ORDINANCE CALLING A SPECIAL ELECTION TO BE HELD ON THE 27TH
DAY OF MAY, 1975, FOR THE PURPOSE OF SUBMITTING TO THE VOTERS
AN AMENDMENT TO THE CITY CHARTER BY ADDING THERETO CHAPTER 10,
SECTION 45, ENTITLED "ZONING AND LAND PLANNING PROPOSED BY
INITIATIVE PETITION; FIXING AN EFFECTIVE DATE AND DECLARING AN
EMERGENCY.
Second reading of ordinance.
(a) Motion to adopt: Councilman Barkhurst; seconded by Councilman Mickelson.
Councilman Moore, in response to Mrs. Stimler's request, stated his telephone
conversation with Mrs. St.imler was of such a nature that did not warrant
abstaining from voting en the proposed ordinance.
Motion to adopt ordinance was passed by 4-1 vote of Council. Roll call of
vote as follows: Councilman Barkhurst - AYE, Councilman Cook - AME,
Councilman Mickelson - AYE, Councilman Moore - NAY, Mayor Bishop - AYE.
t
Ordinance was approved by majority vote of Council.
13. ORDINANCE 75-21 - AN ORDINAN`.�- RATIFYING, CONFIRMING AND RECORDING CHANGE IN THE
BOUNDARIES Oc THE CITY OF TIGARD BY THE BOUNDARY COMMISSION, ORDER
NO. 799, INVOLVING LANDS OF RANDY 6 KARYN SCHULTZ (67t1h. h Hampton)
SECTION 1. TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M., WASHINGTON COUNTY,
OREGON, RECORDING EFFECTIVE DATE, AND DECLARING AN EMERGENCY.
(a) Motion to adopt: Councilman Cook; seconded by Councilman Moore.
Approved by unanimous vote of Council.
14. ACCEPTANCE OF STREET DEDICATION - S. W. 68th
(a) As the matter was discussed in study session the.City Administrator recommended
Council accept the dedication.
(b) Motion to accept: Councilman Cook; seconded by Councilman Barkhurst.
Approved by unanimous vote of Council.
15. ACCEPTANCE OF STREET DEDICATION - S. W. LANDMARK LANE
(a) City Administrator stated that dedication was in conjuncion with the major
land partitioning and in conformance with the Planning Commission requirements.
(b) Motion to accept the dedication; Councilman Mickelson; seconded by
Councilman Moore.
Approved by unanimous vote of Council.
16. RESOLUTION No. 75-26 - A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING APPOINTMENTS
TO THE TIGARD CITIZENS AND POLICE COUNCIL (T-CAP).
PAGE 4 -.COUNCII. MINUTES - May 12, ,1975
(a) The resolution reappointed and appointed the following bnembers:
Reappointed Term Expires
Roy Rogers Organization Rep. 4-30-78
Appointees
Mary Srofe Members at large 4-30-78
Elaine Lefler Members at large 4-30-78
Sally Barkhurst Organization Rep. 4-30-78
(b) Motion to adopt. Councilman Cock; seconded by Councilman Mickelson.
Approved by unanimous vote of Council. Councilman Barkhurst abstaining.
17. OTHER
(a) Carl Butkke Contract.
City Administrator stated the proposed contract included changes as
recommended in Council study session. The contract may be terminated at the
request of Council by June 30, 1975.
Motion to approve: Councilman Barkhurst; seconded by Councilman Cook.
Approved by unanimous vote of Council.
(b) Re-zoning S. W. 67th S Hampton.
City Administrator requested Council set public hearing on the following:
Application by Hawes, St. Clair, et al to amend the Tigard Zoning Map from
County RU-4 zone to Tigard C-P (Commercial-Professional) zone at 12755 S. W.
67th Avenue (tax lots 1100 and 1200 Washington County tax map 2S11AD).
Motion to set hearing for 8:00 P. M., June 9, 1975. Councilman Barkhurst;
secunded by Councilman Cook.
Approved by unanimous vote of Council.
(c) Attorney Selection Process.
Council will hold Special Meeting Mo-iday, May 19, 1975, at City Hall for
considering the selection of City legal counsel.
Meeting recessed ll:-'5 and rec^nver:ed at 12:15 A. M.
18. EXECUTIVE SESSION
Council went into executive session to discuss proposed salaries of
Supervisory, Professional and Confidential Employees. City Administrator
discussed his recommendaticn with Council. Council will consider at next
Special Meeting on May 19.
MEETING ADJOURNED: 12:45 A. M.
City Recorder
ATTEST:
Mayor
PAGE 5 - COUNCIL MINUTES - May 12, 1975