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City Council Packet - 07/21/1976 i d TIGARD CITY COUNCIL SPECIAL MEETING JULY 21, 1976, 7:30 P.M. FOWLER JUNIOR HIGH SCHOOL (` LECTURE ROOM AGENDA: 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. CONDITIONAL USE APPEAL - Appeal of Planning Commission denial of request by Tigard School District 23J to allow construction of field house and installation of field lights on Fowler Junior High School site in vicinity of S.W. Walnut & Tiedeman (Wash. Co. Tax Map 2S1 3AA, Tax Lot 101). Public Hearing - Commencing at 7:30 P.M. (1) Public Hearing Opened (2) Statement of Facts by Planning Director (3) Public Testimony Proponents Opponents (4) Recommendation of Planning Director (5) Public Hearing Closed (6) Consideration by Council 5. BOARDS AND COMMISSIONS -Filling of Vacancies (a) Recommendation of Selection Committee 6. ADJOURNMENT ^4 T I G A R D C I T Y C O U N C I L SPECIAL MEETING MINUTES JULY 21, 1976, 7:30 P.M. 1. ROLL CALL: Present: Mayor Wilbur A. Bishop; Councilmen John E. Cook, Alan W. Mickelson, Robert C. Moore, Lynn Wakem; J. D. Bailey, Legal Counsel; Richard Bolen, Planning Director; Bruce P. Clark, City Administrator; Doris Hartig, City Recorder; Arline O'Leary, Administrative Assistant. 2. CONDITIONAL USE APPEAL - Appeal of Planning Commission denial of request by Tigard School District 23J to allow construction of field house and installation of field lights on Fowler Junior High School site in vicinity of S.W. Walnut and Tiedeman (Wash. Co. Tax Map 2S1 3AA, Tax Lot 101). (a) Public Hearing Opened 7:38 P.M. (b) Planning Director reviewed history of appeal and stated findings and conclusionary findings. (c) Public Testimony: The following people testified in favor of the appeal: Phillip Rice - Business Manager of School District 23J Dave Fairbanks - President of Tigard Babe Ruth League Everett Nixon - Treasurer of Tigard Babe Ruth League Francis Tepedino - 11180 SW 116th Avenue Kenneth Bebe Gerald Anderson - 11645 SW Tiedeman Bud Sheaer - 13360 SW 76th Avenue Mrs. Pazderic - 13435 SW 107th Lynn Scroggins - 11545 SW Walnut Charles Imebroff - Howard Drive Dick Pruhsmeier - 15225 SW Bull Mountain Road Mrs. Bennett - 14275 SW 112th Harris Hanson - 10610 SW ;Derry Dell Court Mrs. Beaton - 12045 SW Burlheights Drive Mr. Sullivan - SW Mapleleaf Mrs. Clark - 13400 SW Walnut Nick Brajavich - Howard Drive The following people testified in opposition to the appeal: Phil Goodin - 11030 SW Walnut Irene Beers - 11220 SW Errol Street Steve Roberts - 11015 SW Walnut Don Harvey - 12400 SW 112th Avenue Robert Potterf - 11275 SW Walnut Mrs. Carpenter - 12435 SW 112th Avenue John McMahon - 12525 SW 112th Avenue Pat Harvey - 12400 SW 112th Avenue Barbara Goodin - 11030 SW Walnut Mrs. Elsner - 12520 SW 112th Avenue Mrs. Lorenz - SW 112th Avenue Dick Beers - 11220 SW Errol Street I (d) Planning Director recommended Council approval subject to the following conditions: 1. All utilities serving the site be placed underground. 2. That the building be one story only. 3. That a drinking fountain be placed on the exterior of the building for continual use during off-school hours. 4._• .That_restrobms be.desigined in such a manner.-as to minimize the possibility of vandalism and be available for use during off hours. 5. That trash recepticals be built into the building so as to have sanitary recepticals continually available. 6. That a minimum of four recepticals (additional) be available during the use of the field. 7. That the building and parking area be subject to the Design Review Board. 8. That the Planning Commission recommend to the City Council that no parking be permitted along SW Walnut Street in the area of the proposed fieldhouse. 9. That a fast growing type of tree be planted between the tennis courts and SW Walnut Street from the entrance drive to the west property line. 10. That a restri:c.ted curfew such, as.,10. br 11 P.M. .be. instituted beyond which the lights may not be used. (e) Public fearing Closed (f) In considering School District 23J's appeal, Council questioned if there were any alternative sites for the Babe Ruth games. Council also discussed concerns with traffic generated by the facility, debris, adequate parking, plans for facility when not in use by Babe Ruth, and the noise caused by a PA system. Motion by Councilman Cook, sezonded by Councilman Mickelson to allow the appeal subject to the staff conditions and limiting use of lights to 11:00 P.M. Council urged and recommended the School District place "No Parking" signs on both access driveways. Motion to amend original motion to disallow use of PA system by Councilman Moore. Further discussion by Council to consider the additional condition of not allowing the use of a PA system. Motion to amend died for lack of second. Motion passed .by unanimous vote of Council; Mayor Bishop abstaining. RECESSED: 9:50 P.M. RECONVENED: 10:05 P.M. PAGE 2 - COUNCIL MINUTES - JULY 21, 1976 3. BOARDS AND COMMISSIONS - Filling of Vacancies (a) RESOLUTION No. 76-54 A RESOLUTION EXPRESSING APPRECIATION OF THE CITY OF TIGARD TO VELMA EWEN FOR HER SERVICE TO THE PUBLIC AS A MEMBER OF THE TIGARD PARK BOARD. (1) Motion to adopt: Councilman Cook, seconded by Councilman Moore. Approved by unanimous vote of Council. (b) RESOLUTION No. 76-55 A RESOLUTION EXPRESSING APPRECIATION OF THE CITY OF TIGARD TO ELAINE LEFLAR FOR HER PUBLIC SERVICE AS A MEMBER OF THE TIGARD CITIZENS AND POLICE COUNCIL (T-CAP). (1) Motion to adopt: Councilman Cook, seconded by Councilman Moore. Approved by unanimous vote of Council. (c) RESOLUTION No. 76-56 A RESOLUTION O F THE APPOINTMENTS TO FILL TONE RUNEXPIRED D CITY UMAKINGNCIL TERM AND ONE EXPIRED TERM ON THE PARK BOARD. (1) Motion to adopt by Councilman Moore, seconded by Councilman Wakem thereby appointing Mary Payne to a remaining term expiring 12/31/77 and to reappoint Fred Cooper to a term expiring 12/31/79. Discussion by Council and staff followed. Approved by 4 to 1 vote with Councilman Mickelson voting Nay. ING (d) RESOLUTION No. 76-57 APPOINTMENTS OF FIL'TTWORD CITY EXPIREDCOTERMSLONATTHE LIBRARY BOARD. (1) Motion to adopt by Councilman Cook, seconded by Councilman Moore and thereby reappoint Yvonne Burgess and Jeri Cundiff, terms expiring 6/30/80. Discussion by Council and staff followed. Approved by unanimous vote of Council. NCIL (e) RESOLUTION No. 76-58 APRESOLUTION OF POINTMENTS TO FILLTONE RUNEXPIRED D CITY UTERMAND ING ONE EXPIRED TERM ON THE TIGARD CITIZENS AND POLICE COUNCIL (T-CAP). (1) Motion to adopt by Councilman Mickelson, seconded by Councilman Cook and thereby appoint Ralph Howes, Citizen At Large, to remaining term expiring 6/30/78 and to reappoint George Penrose, Organization Rep., term expiring 6/30/79. Approved by unanimous vote of Council. PAGE 3 - COUNCIL MINUTES - JULY 21, 1976 (f) RESOLUTION No. 76-59 A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING APPOINTMENT(S) TO FILL EXPIRED TERM(S) ON THE TIGARD PLANNING COMMISSION. (1) Discussion by Council and staff followed regarding other Planning Commission vacancy. Motion to adopt by Councilman Moore, seconded by Councilman Mickelson thereby appointing Stewart Moore, term expiring 6/30/80. Approved by unanimous vote of Council. (g) RESOLUTION No. 76-60 A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING APPOINTMENTS TO THE COMMITTEE FOR CITIZEN IN- VOLVEMENT (CCI). (1) City Administrator explained there were two appointments to be made representing NPO #6 and #7. N.P.O.'s have not been formed and a citizen will be selected from each area. Motion to adopt Resolution No. 76-60 with the appointments of NPO's #6 and #7 to be made at a later date; Councilman Cook, seconded by Councilman Moore. Discussion by Council and staff followed. Approved by unanimous vote of Council. 4. Council directed staff to plan time on next Study Session, for discussion on establishing meeting times with Council and the various Boards and Commissions. 5. City Administrator announced hiring Vincent Rhinehart for the position of Public Works Director to start working approximately July 28, 1976. 6. City Administrator reminded Council that August 3rd was the deadline for receiving petitions for the thr-e Council vacancies occurring 1/l/77. 7. ADJOURNMENT: 10:55 P.M. City Recorder ATTEST: Mayor PAGE 4 - COUNCIL MINUTES - JULY 21, 1976 i TIGARD BOOSTER CLUB P.O. BOX 23292,TIGARD,OREGON 97223 PHONE 224-3451 i PRESIDENT July 13, 1976 Dan Larsen i • VICE PRESIDENT Gene Hanson Tigard City Council • City of Tigard i SECRETARY-TREASURER 12420 S.W. Main Frosty Hall Tigard, Oregon 97223 ADvlsoas Gentlemen; fKen Peterson Frank Palm a Connie Sproul The Board of. Directors of the Tigard Booster Club, 3 at their last meeting unanimously passed a resolu- Ellis Green Football tion backing the efforts of Babe Ruth, Inc. of Tigard to provide field lighting and other athletic 2 Bud Shearer Basketball improvements at Fowler Junior High School. Wes Myers We feel that these improvements would be of great 1 Baseball benefit to the overall athletic programs in pro- Larry Lee viding excellent facilities for the youth of our Wrestling community. Ken Peterson Water Sports We respectfully urge that the council approve the • request for ammending the present conditional ATHLETIC DIRECTORS zoning. TWALITY Don Herr FOWLERryy truly yours, Don Sempert ELEMENTARY Gary Wagner Dani L. Larsen Booster Club President CC: Directors Tigard Babe Ruth y I j' An Oregon Non-Profit = TIGARD BABE RUTH LEAGUE, INC. ' . Corporation P. O. BOX 23341 Affiliated by Charter Tigard, Oregon 97223 with BOARD OF DIRECTORS Ruth Baseball Phone (503) 620-0236 ternational Dave Fairbanks, President Fred Carson, Vice President ® July 7, 1976 Bob Gagliasso, Vice President AGE 13-15 PROGRAM: Everett Nixon, CPA, Treasurer Prep (13 year old) Division Kathryn Lenow, Secretary National (14-15 year old) Division Joan Barker AGE 16=18 PROGRAM: Myrna Foster Our Tigard Plaza Blue Sox Team is a member of the Valley �.; Mayor Wilbur Bishop, Advisor 16-18 Babe Ruth League M . Doris Hartig City y Recorder C\�. City of Tigard 12420 S. W. Main Street Tigard, Oregon 97223 Dear Mrs. Hartig: Enclosed are sixteen copies of a letter from our League requesting reconsideration of plans for certain baseball field facilities at Fowler Junior High School which were submitted to the City Planning Commission. We would appreciate your distributing copies as follows: No. of Copies Mayor and Councilmembers 5 City Planning Commission members 9 City Planning Director 1 City Recorder 1 It is our understanding that Tigard School District 231 will request appeal of the Planning Commission decision of July 6, 1976. Please advise us of times and location for subsequent hearings on any appeal in order that we may arrange for appropriate representation. Very truly yours, P10 k L%ln"� Everett E. Nixon Treasurer EEN:ms Enclosures cc: Members of Board of Directors of Tigard Babe Ruth ,_t Business Manager, Tigard School District 231 C' TIGARD BABE RUTH LEAGUE, INC. APPEAL TO THE TIGARD CITY COUNCIL FOR RECONSIDERATION AND APPROVAL OF PLANS SUBMITTED BY C3 TIGARD SCHOOL DISTRICT 23J FOR CERTAIN BASEBALL FIELD IMPROVEMENTS AT FOWLER JUNIOR HIGH SCHOOL July 7, 1976 i { TIGARD BABE RUTH LEAGUE, INC. an oregon Non-Profit P. Q, $OX 23341 Corporation Affiliated by Charter Tigard, Oregon 97223 with BOARD OF DIRECTORS Babe Ruth Baseball Phone (503) 620-0236 International Dave Fairbanks, President Fred Carson, Vice President ® Bob Gagliasso, Vice President AGE 13-15 PROGRAM: Everett Nixon, CPA, Treasurer Prep (13 year old) Division Kathryn Lenow, Secretary Joan Barker National (14-15 year old) Division i Myrna Foster AGE 16=18 PROGRAM: Our Tigard Plaza Blue Sox Team is a member of the Valley Mayor Wilbur Bishop, Advisor 16-18 Babe Ruth League July 7, 1976 i Honorable Mayor and City Council City of Tigard, Oregon and h City Planning Commission City of Tigard, Oregon Dear Mayor, Members of the Council and Members of the Planning Commission: Tigard Babe Ruth League, Inc. requested permission June 24, 1976 from Tigard School District 23J to construct, at its cost, and donate to the School District a multiple purpose field facilities building and field lighting facilities at the Thomas R. Fowler Junior High School baseball field. After a public hearing on aforesaid date, the Tigard School District granted, by unanimous action of its School Board, permission to Tigard Babe Ruth to construct the proposed facilities subject to approval of building plans by the Tigard Planning Commission and the Design Review Board. At the School Board hearing, counsel for the 'School District indicated that in his opinion inasmuch as the field lighting facilities were to become a part of school property used for the recreational purposes provided under ORS 332.172, there was no further approval required by the District. The District had previously been granted permission to construct the school facilities. However, since the proposed field facilities building includes a concession stand to sell food and soft drinks (a commercial type of activity proposed to be conducted by Babe Ruth) , District counsel indicated that the plans for the multiple purpose field facilities building would probably require approval of the City Planning Commission. The City Planning Commission, at its meeting held July 6, 1976 (by a vote of three to two) , failed to grant approval of a request submitted to it by Tigard School District 231 for the aforementioned multiple purpose field facilities (; building and for lighting facilities for the baseball field. The Planning Commission staff report recommended approval with certain stipulations. 3 Page 2 . C _. Our League must vacate and discontinue use of the Old Fowler baseball field by no later than July 31, 1976 under agreement with Pay Less Drug Stores Northwest. As a result, it is an urgent matter for this League to get replacement facilities ready this summer so that young persons in the 13 �' t rough 5 year old age group will have a suitable place to play next- season. We have attached an outline of facts, questions and answers about Tigard Babe Ruth and its proposal to construct needed facilities at Fowler Junior High School baseball field for your information. The proposed facilities are necessary for our League to be able to conduct its adult supervised summer recreational program for youth of this community. A resident of the community who lives on Tiedeman adjoining the school property circulated a petition to adult residents of homes on the streets adjoining the school property. He secured signatures of 60 adults (out of approximately 80 possible adults) living in homes on the streets directly adjacent to the school in favor of the proposed field facilties building and field lighting project. On behalf of the approximately 200 young persons in this community who are currently involved in our recreational program and the future thousands of youngsters coming into the 13 - 15 age group, we pray that the Council will reconsider the request of the School Board for approval of the plans and take appropriate favorable action thereon. Very truly yours, C David D. Fairbanks, President DDF:cev C 1 " y: pti: �A ' r e FACTS, QUESTIONS AND ANSWERS ABOUT TIGARD BABE RUTH AND ITS PROPOSAL TO CONSTRUCT NEEDED FACILITIES AT THE FOWLER JUNIOR HIGH SCHOOL BASEBALL FIELD U 1. We are an over 20 year old nonprofit, educational organization dedicated to developing better citizens by providing properly supervised amateur recreational baseball competition for youth, regardless of sex, race, creed or national origin, through affiliation with Babe Ruth Baseball International. Through our league, an opportunity is provided for about 200 youths from the Durham, Metzger, Sherwood, Tigard and Tualatin communities to participate in an organized Babe Ruth summer baseball program from approximately May 20 to July 5 each year, except for more limited tournament play thereafter. E) 2. We are an Oregon nonprofit corporation which is exempt from Federal income tax under Section 501 (c) (3) of the Internal Revenue Code. Our organization is totally operated by unpaid adult volunteers and parents. 3. We have not exerted efforts to create a tax supported park and recreational district or a similar tax supported local govern- mental unit to administer and operate this summer baseball program because: a. We feel that a tax supported entity would further increase the property tax load upon elderly and other fixed income persons. b. We feel that the volunteer aandeassistanceorganization parentsforces C more active control, support benefited youngsters. 4. We believe our program serves as a viable deterent to juvenile delinquency by keeping young persons 'actively involved in a C recreational activity which keeps them busy during practice sessions and games and show's them that they can have fun in a disciplined team environment. 5. Why hasn't the League exerted efforts to acquire a field at the C. City owned Cook Park? Answer: This alternative has been considered and discussed but has been � abandoned for the following reasons: �6 , t i a. Current field demands of the Little League and its needs for more fields to conduct its baseball and E softball programs for young persons must be acknow- ledged. In any event, we must use a regular sized diamond (such as that used for junior and senior high school for play in this age group ) - b. The City has limited resources even to the extent of providing matching share of grant funding. The City experiences difficulty as it is in getting its budget and tax levy adopted. C. The Little League boundaries more closely conform i-� to those of the City of Tigard, whereas Babe Ruth boundaries very closely follow those of the Tigard and Sherwood school districts. d. Maximum utilization of available and already existing public facilities is the most economic and serves the best interests of taxpayersof the community. 6. Why hasn't the League considered use of the Twality Junior High School baseball fields? Answer: This alternative has been considered but has been abandoned for the following reasons: a. One of the two fields serves as our League's practice U field, and the other is allocated to use by an adult softball program. b. Because of the track and field layout, the outfield is really not deep enough for game purposes at our age level. I c. Because of adjoining Templeton Little League fields there is inadequate parking available at Twality. 7. We consider it to be traditional in America to have school campuses and parks and playgrounds situated in residential areas. Many football and baseball fields which are lighted are located in residential areas in metropolitan communities. 8. The noise level at our games is generally very low. Even [ at our age level of ball, it is considered quite "bush" for our spectators to engage in much cheering or hollering on any sustained basis. In the many years of use of the Old Fowler Field,where some of the houses on Scoffins Street are only about 70 feet from the spectator stands, we have not experienced complaints because of noise. 1. �. 9. It is impossible for our League to schedule an adequate number of season games for 12 teams into the period from the end of school baseball to the start of Babe Ruth District tournament play (and generally avoiding play on Sundays) on one playing field without playing two games on week-day evenings. 10. Rule 1.10 (two hour or maximum 10 innings when a doubleheader game is tied at end of two hour time limit rule) and Rule 1.11 (10-run lead game termination rule) of our "Local League Rules and Regulations" with very rare exception, results in completion of the second game of an evening by no later than 10:30 p.m. �1 Usually an additional 15 minutes for players, parents and other spectators to clear the premises is sufficient. 11. Diffusion of light in the area surrounding the ball park should not be very great from the proposed field lights if they are aimed to properly light the ball field and especially if the existing growth of trees is left intact. 12. Why doesn't the League use the Tigard Senior High School fields? Answer: The varsity baseball field is already scheduled to its maximum utilization by our Tigard Legion and Babe Ruth 16-18 ball clubs after allowance for adequate field irrigation schedules. t The junior varsity and sophomore fields are already allocated to and are fully utilized by high school aged girls and adult softball programs. 13. Why doesn't the League purchase land and develop a baseball park of its own? Answer: We would require about four or five acres of land for such purpose, and we do not have the resources nor do we have knowledge of anyone in the community who would be willing to donate such land to our League. Furthermore, this would result in an unnecessary duplication. of costs from a civic standpoint in that a backstop, dugouts, bleachers, and parking area would have to be also funded. Undoubtedly, the first question to be raised by prospective donor charitable foundations or private concerns would be as to whether any public or private school facilities were available for such a recre- ational program for youth. 14. We believe our proposed use of the school facilities is in accord with the intent of the Oregon Legislature when it adopted ORS 332.172. ORS 332.172 (1) (a) reads "Subject „ ( to ORS 330.665, the district school board may permit the -use of school buildings and grounds by residents of the district for civic and recreational purposes, including use for: (a) Supervised recreational activities; ". 15. What is the general reaction of parents toward playing games under lights? Answer: Most parents of youths prefer the 8:30 p.m. games because when they both work, it makes it easier for them to get to O their childrens' games. Furthermore, many parents of Babe Ruth players have other children playing in Little League and this type of game scheduling causes less conflicts. In previous years when attempts were made to lengthen the League season (and thereby to reduce the number of games per week) , many parents raised strong objections because our schedule interfered with their vacation time. 16. Most of our volunteer coaches prefer playing games scheduled for 8:30 p.m. because it allows them more time to change clothes, eat .supper and get to the field. Our coaches also like to have our players become accustomed to playing under field lights because in most tournament play, they will have to play some games under lights. 17. A question has been raised by some persons as to why more C advance planning has not been made by Babe Ruth. During the past three years or more, there has been a great deal of uncertainty as to the ultimate disposition of the Old Fowler school property. For example, during a period of time, the City of Tigard was even considering acquiring the property. In any event, our League began active pursuit of funding from charitable organizations and looking into alternatives about a year and a half ago. Finally, -our League planned to move to the new Fowler field when it became necessary to vacate Old Fowler, and we did not forsee any objections to our use of a school property for a recreational program for youth of this community. C;. 18. Is there adequate parking available in the Fowler Junior High School parking lot areas? Answer: Misting school parking lot areas (84 painted spaces and 40 {+ additional unmarked spaces) are more than adequate to handle ' the largest volume of cars (generally .about 25 to 30) required to be parked for our games. Furthermore, the School District (~ , plans to add additional parking space for 30 more cars as G -part of its original site development plan. Our 13 - 15 year old players cannot drive cars and are dependent upon their parents to either drop them off and pick them up (this frequently occurs because of other parental commit- ments) or to attend their games and take them home after- ward. 19. It has been indicated by a few persons that use of the field by Babe Ruth would increase the traffic on Walnut. Naturally, there would be some increased traffic on that street but this was undoubtedly contemplated by the comprehensive plan when it ® was evident that the new junior high school and a future high school were to be built in the area. There is also more traffic on Walnut caused from the other civic (for example, City Council meetings and .Community College classes) and recreational purposes permitted for school property under ORS 332.172. It is our understanding that in the comprehensive plan for Tigard that ® Walnut is designated as a "feeder" type of arterial. 20. Will the grounds be cleaned up after each use by Tigard Babe Ruth? p Answer: Our permit for use of the school property requires that the school grounds be cleaned up after each use. Our League will budget for two young men to maintain the field properly. C° 21. What would be the results of a delay of construction during 1976 to Tigard Babe Ruth? Answer: We would lose a major share of cash and in-kind donations for the field facilities building (approximate cost, $17,500) and very likely the power poles for lighting the field (estimated value, $4,900) . :C 71 C - -