City Council Packet - 07/10/1975 T I JAR D C ! TY COUNCIL
SPECIAL MEETING JULY i0, 1975, 7:15 P. M.
� . ROLL CALL: Present: President of Council John E. Cook; Councilmen Ralph C. Barkhurst,
Alan W. Mickelson, Robert C. Moore; Russell Austin, Building Official; J. D.
Bailey, Legal Counsel; Richard Bolen, Planning Director; Bruce P. Clark,
City Administrator; Doris Hartig, City Recorder.
Special meeting was called by President of the Council in the absence from the City of the
Mayor for the purpose of considering a request for minor modification of previously approved
site plan for McDonald's Restaurant.
Meeting was called to order by President Cook and recessed to move to larger quarters in the
General Telephone Building, 12460 S. W. Main Street, Tigard, Oregon. Meeting reconvened at
7:30 P. M.
City Administrator read communication from the Mayor, copy of which is attached.
President Cook requested that the applicant explain the request in order that Council might
ascertain proper disposition of the matter.
Larry Haugset, real estate representative for McDonald's Restaurant and Jack Robertson,
explained revised modifications of site plan. The entire meeting was punctuated by comments
from the audience stating illegality'of the meeting and'related dbmments including a request
to-make a.motibn byMrh: Bibianne Schekkla• and a request that the Mayor's communication be
acted upon as a motion by Mrs. Wilbur Bishop.
Attorney Lou Fasano, stated his client was requesting clarification of what was approved by
the City Council and that the plan also had some minor revisions. McDonald's representatives
stated the new plan has not- been before the Site Design Review Board. The modified plan
requests reduction in number of parking spaces from 81 to 58; the addition of 4 parking stalls
on School Street side of building and the addition of a change from staff interpretation of a
16' wide ingress drive to a 24' wide ingress drive.
City staff discussed with Council their interpretation of Council approved plan and reason
for reduced drive-.gay width.
Bill McMonagle, President of Design Review Board, synoposized meeting and Desigr Review Board
recommendations. The only change made by City Council was to eliminate access from S. W. Park
Street and Council thereby adopted all conditions suggested by Design Review Board.
Council and staff discussed approved plan and what constituted a modification to the plan.
Legal Counsel advised Council that one part of request was for clarification but char 2 pat.
of the request were clearly changes in the approved plan and should be referred to tl)e Oesi:,r,
Review Board.
Councilman Barkhurst moved to reaffirm the city staff's interpretation of what war appro.•._ '
and any modifications be submitted to Design Review Board; seconded by Councilman 'door
Attorney Bailey stated that a motion to simply refer consideration of requested changes
Design Review Board would accomplish the same objectives in that the prior approval. by
would remain valid if-the request for a change was withdrawn.
'ouncilman Barkhurst withdrew motion with consent of Councilman Moore, and moved
to refer tbo request for plan modification to the Design Review Board; motion seconded by
Councilman Moore.
Approved by unanimous vote of Council present.
,,—Meeting adjourned 8:45 P. M.
32
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City ecorder
ATTEST:
Press of Council
ic
Page 2 - COUNCIL MINUTES - July 10, 1975
W '
MEMO
" July 10, 1975
FROM: Mayor Wilbur Bishop
TO: City Council and City Staff
RE: Special Meeting of the Tigard City Council called for 7:15 P. M.,
Thursday, July. 10, 1975
I request that this statement be read and recorded in its entirety in the
minutes of the special meeting immediately following the official roll call.
Be it noted and recorded that this special meeting of the City Council of
Tigard was called without any prior knowledge nor without so much as any
contact with the Mayor as to the possibility of calling such a meeting.
And at no time was the Mayor officially informed that this meeting had been
called by any of the four members of the Council or by the City Administrator
or City Recorder.
After my own discovery that this meeting was called by three members of the
Council at the instigation of Councilman Mickelson and Councilman Cook and
the agreement of Councilman Moore, I requested that this special meeting
be cancelled and the subject for consideration be placed on a regular
meeting agenda as had been previously suggested by City Administrator Bruce
Clark and agreed to by the Mayor. Councilman Barkhurst concurred with me
in this opinion.
I find this again a case of unveiled political maneuvering 'by several members
of the Council and a 'disrespect of another member or members of their own
body of Councilmen.
Just a few weeks ago these same three Councilmen waxed eloquently and so
"righteously'.' that it was not proper to hold a "routine" second reading on
a city ordinance at a special meeting that merely required a second reading
and a majority vote to routinely adopt it. There was no controversy or
discussion required in this requested action.
But tonight Councilman Mickelson, Cook and Moore seek to reopen the single
and most controversial issue that has split this Council asunder for the
past five months at a special meeting when they know the Mayor could not
be in attendance nor when there wo»ld be little or no chance for public
participation in the small confines of the City Hall entranceway.
On Tuesday morning and evening City Administrator knew that I was in the
hospital, he knew also that on Thursday evening I would be in Bend on a
state Mayor's conference if by chance I was out of the hospital and that
I would not be available for a special meeting on Thursday night even if
one was called.
I request that the first action of this special meeting tonight be a motion
to adjourn this specially called meeting and that the request, if it is
actually a.legitimate request directly.-from either the McDonald's.•.officiaL&.__.
in Palo Alto, 'or only from the property owner himself, :Mr. Jack Robertson,
for .any kind of a change or variation in the approved plan given by the
i
MEMO
July 10, 1975
Page 2
City Council at its meeting of June 9, 1975 -- that the applicant
be directed to submit his request for a modification, clarification,
change or whatever he desires in altering the approved site plan or
design to the Tigard Site Plan and Development Board for their
proper consideration and action.
Itis my understanding that this is the legal opinion of our City
Attorney Joe Bailey and I would so entertain 'an immediate motion _to -this effect.
Wilbur A. Bishop
Mayor
Request by Mayor Bishop
1. Original signed documented evidence:
That Larry Haugset has authorization from Jack Robertson and
McDonald's Corporation 'to present this specific request for
consideration of a minor modification of McDonald's site plan.
If no such documentation is available then the matter should be
tabled until such documentation is received and if received tFie
matter should be considered only at a regularly scheduled meeting
of the City Council.
2. This matter should be held over until full Council is in attendance.
i
CITY OF TIGARD
P. O. Box 23557
12420 S. W. Main
Tigard. Oregon 97223
July 8, 1975
SPECIAL MEETING
A SPECIAL MEETING OF THE TIGARD CITY COUNCIL WILL BE HELD AT THE
REQUEST OF 3 COUNCILMEN AND CALLED BY THE PRESIDENT OF THE COUNCIL
IN THE ABSENCE FROM THE CITY OF THE MAYOR AT 7:15 P. M. AT THE
CITY HALL ON THURSDAY, JULY 10, 1975 FOR THE PURPOSE OF CONSIDERING
REQUEST FOR MINOR MODIFICATION OF PREVIOUSLY APPROVED SITE PLAN FOR
MCDONALD'S RESTAURANT.
J6 -Cook, President of Council
�AA'
MEMO
July 10, 1975
FROM: Mayor Wilbur Bishop
TO: City Council and City Staff
RE: Special Meeting of the Tigard City Council called for 7:15 P. M.,
Thursday, July 10, 1975
I request that this statement be read and recorded in its entirety in the
minutes of the special meeting immediately following the official roll call.
Be it noted and recorded that this special meeting of the City Council of
Tigard was called without any prior knowledge nor without so much as any
contact with the Mayor as to the possibility of calling such a meeting.
And at no time was the Mayor officially informed that this meeting had been
called by any of the four members of the Council or by the City Administrator
or City Recorder,
After my own discovery that this meeting was called by three members of the
Council at the instigation of Councilman Mickelson and Councilman Cook and
the agreement of Councilman Moore, I requested that this special meeting
be cancelled and the subject for consideration be placed on a regular
meeting agenda as had been previously suggested by City Administrator Bruce
Clark and agreed to by the Mayor. Councilman Barkhurst concurred with me
in this opinion.
I find this again a case of unveiled political maneuvering by several members
of the Council and a disrespect of another member or members of their own
body of Councilmen.
Just a few weeks ago these same three Councilmen waxed eloquently and so
"righteously" that it was not proper to hold a "routine" second reading on
a city ordinance at a special meeting that merely required a second reading
and a majority vote to routinely adopt it. There was no controversy or
discussion required in this requested action.
But tonight Councilman Mickelson, Cook and Moore seek to reopen the single
and most controversial issue that has split this Council asunder for the
past five months at a special meeting when they know the Mayor could not
be in attendance nor when there would be little or no chance for public
participation in the small confines of the City Hall entranceway.
On Tuesday morning and evening City Administrator knew that I was in the
hospital, he knew also that on Thursday evening I would be in Bend on a
state Mayor's conference if by chance I was out of the hospital and that
I would not be available for a special meeting on Thursday night even if
one was called.
I request that the first action of this special meeting tonight be a motion
to adjourn this specially called meeting and that the request, if it is
actually a legitimate request directly from either the McDonald's officials
in Palo Alto, or only from the property owner himself, Mr. Jack Robertson,
for any kind of a change or variation in the approved plan given by the
7A
MEMO
July 10, 1975
Page 2
City Council at its meeting of June 9, 1975 -- that the applicant
be directed to submit his request for a modification, clarification,
change or whatever he desires in altering the approved site plan or
design to the Tigard Site Plan and Development Board for their
proper consideration and action.
It is my understanding that this is the legal opinion of our City
Attorney Joe Bailey and I would so entertain an immediate motion
to this effect.
Wilbur A. Bishop
Mayor
a.t
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