City Council Packet - 08/09/1976 0
i
TIGARD CITY COUNCIL
,�EGULAR MEETING'UGUST 9, 1976, 7:30 P.Pi.
FOWLER JUNIOR HIGH SCHOOL
LECTURE ROOM
AGENDA:
1. CALL TO ORDER
2, ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS
5. CONSENT AGENDA: (All matters under this heading are considered to be routine
by the City Council ano will be enacted in one motion in the
form listed below. There will be no separate discussion of
these items. If discussion is desired by any Council member or
member of the audience, that item will be removed from the Consent
Agenda and wilt be considered separately.)
(a) Approval of Minutes July 26, August 2, 1976.
(b) Approval of Expenditures and Investments: Al r X139-7117 06
(c) Receive and File Written Communications
(1) Unified Sewerage Agency re: plant equipment
(2) Metropolitan Service District re: solid waste resource recovery program
(d) Setting of Public Hearings Commencing at 8:00 P.M. August 23, 1976,
at Fowler Junior High Schqol Lecture Room, 10865 S.W. Walnut Street,
Tigard, Oregon.
(1) ZONE CHANGE - Request by Fletcher, Hansen & Parsons for a general
plan and program review of a proposed commercial-office park
Planned Development located at the southeast corner of S.W. 72nd
Avenue and S.W. Varns Road (Wash. Co. Tax Map 2S1 1D, Tax Lot 900).
(2) RENAME EXISTING DEDICATED ROADWAYS - Request by City of Tigard.
a. S.W. 77th Avenue (old name) to S.W. Cherry Drive portion
lying south of SW Varns Street running south to SW Fir Street.
b, S.W. Cherry Street (old name) to S.W. Cherry Drive portion lying
south of S.W. Fir'•. Street running south and east to S,W:. 72nd Avenue.
c. S.W. Watkins Avenue (old name) to S.W. Brookside Avenue portion lying
northeast of F.W. Walnut Street and running northeast 471 feet.
d. S.W. Watkins Court (old name) to S.W- .Brookside Court portion lying
northwest of S.W. Watkins Avenue and running northwest 206 feet.
e. S.W. Post Road (old name) to S.W. Greens Way portion lying south
of S.W. Summerfield Drive and running south and west 694 feet.
f. S.W. Bost Road (old name) to S.W. Greens Way portion lying south
of S.W. Summerfield Drive and running south and east 299 feet.
6. APPROVE REFUND - Chester Curry-Sewer Connection Fee - $235.00
{� (a) Recommendation of Building Official.
7. APPROVE SANITARY $EWER COMPLIANCE AGREEMENT - Tualatin Development Corp. - S.W.
Durham Road Sewer Extension (3342 feet long).
(a) Recommendation of City Administrator.
8. APPROVE SANITARY SEWER CONTRACTS - George K. Heusser - Lot 6 Tippitt Place
& Chester Curry, 9976 S.W. Garrett Avenue
(a) Recommendation of City Administrator.
9. RESOLUTION No. 76 A RESOLUTION PETITIONING THE STATE OF OREGON TO ENACT A
STATE REVENUE SHARING PROGRAM.
(a) Recommendation of City Administrator.
10. RESOLUTION No. 76- A RESOLUTION OF THE CITY COUNCIL PROPOSING THAT WASHINGTON
COUNTY PLANNING COMMISSION/WASHINGTON COUNTY BOARD OF
COMMISSIONERS ACT TO CHANGE THE NAME OF CERTAIN ROADWAYS,
HEREIN SPECIFIED, ADJACENT TO CITY LIMITS.
(a) Recommendation of City Administrator.
11. ORDINANCE No. 76- AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 10.28
{ OF THE TIGARD MUNICIPAL CODE BY ADDING TO SECTION
10.28.030 TO PROVIDE MOTOR BUS LOADING AND LAYOVER ZONES;
FIXING AN EFFECTIVE DATE.
(a) Recommendation of City Administrator.
12. ORDINANCE No. 76- AN ORDINANCE AMENDING SECTION 10.28.130 OF THE TIGARD
MUNICIPAL CODE TO PROHIBIT PARKING ON THAT PORTION
OF S.W. WALNUT STREET GENERALLY DESCRIBED AS THE NORTHERLY
SIDE OF WALNUT STREET LYING BETWEEN THE FOWLER JUNIOR
HIGH SCHOOL DRIVEWAY ENTRANCE AND A POINT 490 FEET,
PLUS OR MINUS, WESTERLY OF SAID DRIVEWAY ENTRANCE.
(a) Recommendation of City Administrator.
13. ORDINANCE No. 76- All ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION
BY DONALD FORBES FOR AN AMENDMENT OF THE 1970 ZONING MAP OF
THE CITY OF TIGARD, CHANGING THE ZONE DISTRICT OF A TRACT
OF LAND DEPICTED ON WASHINGTON COUNTY TAX MAP 35 B AS TAX
LOT 2000, FROM (R-7) SINGLE FAMILY RESIDENTIAL TO (C-4)
NEIGHBORHOOD COMMERCIAL, GRANTING THE APPLICATION AND
FIXING AN EFFECTIVE DATE.
Request by Construction Services, Inc. for zoning map amendment to rezone a parcel of
land located at S.W. Greenburg Road and Shady Lane, from R-7 Single Family
i' Residential to C-4 Neighborhood Commercial.
(a) Recommendation of Planning Director.
14. PUBLIC HEARINGS - Commencing at 8:00 P.M.
PAGE 2 - COUNCIL AGENDA AUGUST 9, 1976
(a) HUD APPLICATION - Tigard City Council is requesting input to discuss making
final application to the Housing and Urban Development Department for a
Housing and Community Development Block Grant for Fiscal Year 1976-77.
(1) Public Hearing Opened
(2) Statement By Planning Director
(3) Public Testimony
(4) Recommendation of Planning Director
(5) Public Hearing Closed
(6) Consideration by Council
(b) CONDITIONAL USE - Review by the City Council of Conditional Use by R. C.
Malin Company to locate a Department of Motor Vehicles building in a M-4
zone (Industrial Park) at 12985 S.W. Hall Blvd. (Wash. Co. Tax Map
2S1 2DA, Tax Lot 200).
(1) Public Hearing Opened
(2) Statement' of Facts by Planning Director
(3) Public Testimony
Proponents
Opponents
Cross Examination
(4) Recommendation of Planning Director
(5) Public Hearing Closed
(6) Consideration by Council
(c) 1976-77 BUDGET
(1) Public Hearing Opened
(2) Public Testimony
(3) Public Hearing Closed
(4) Consideration by Council
(5) RESOLUTION No. 76- RESOLUTION APPROVING TBUDGET,HE
VALOREM TAX LEVVYFORTHEGENERALDECLARING THE
FUND AND
AD
MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING
JUNE 30, 1977.
(d) ZONE CHANGE - Request by Farmer's Insurance Group for an amendment to a Planned
Development(!signing program) located betweed S.W. 66*h Avenue on the east and
Highway 211 on the west. (Wash. Co. Tax Map 2S1 1D, Tax Lots 100, 200, 300,
ra
400, 500, 701, 1100).
(1) Public Hearing Opened
(2) Statement of Facts by Planning Director
(3) Public Testimony
Proponents
Opponents
Cross Examination
(4) Public Hearing Closed
(5) Consideration by Council
15. REPORT - Park Board recommendations regarding City parks.
lr OTHER
(a) Main Street Beautification Status
(b) Status Report on C.C.I. Meeting
-,
17. ADJOURNMENT
PAGE 3 - COUNCIL AGENDA - AUGUST 9, 1976 _.
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(4-
T I G A R D C I T Y COUNCIL U N C I L
' — — -- — — — —
REGULAR MEETING MINUTES AUGUST 9, 1976
1 . ROLL CALL: Present: Mayor Wilbur A. Bishop; Councilmen John E. Cook,
Alan W. Mickelson, Robert C. Moore, Lynn R. Wakem;
Lieutenant Donald L. Rea, Police Department; J.D.
Bailey, Legal Counsel; Richard Bolen, Planning
Director; Bruce P. Clark, City Administrator;
Doris Hartig, City Recorder; Arline O'Leary,
Administrative Assistant.
2. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS
(a) Legal Counsel reported City of Tigard was being sued by Mr.,
Werner in regards to annexation of land which he was providing
garbage services.
Legal Counsel further reported there was no word on the PGE
litigation.
3� APPROVAL OF MINUTES - July 26 and August 2, 1976.
(a) Motion to approve: Councilman Cook, seconded by Councilman
Wakem.
Approved by unanimous vote of Council.
4. APPROVAL OF EXPENDITURES AND INVESTMENTS: $1.38,709.96
(a) Motion to approve: Councilman Cook, seconded by Councilman
Wakem.
Approved by unanimous vote of Council.
5. WRITTEN COMMUNICATIONS:
Unified Sewerage Agency re: plant equipment.
Metropolitan Service Dist. re: solid waste resource recovery program.
(a) Motion to receive and file: Councilman Cook, seconded by
Councilman Wakem.
Approved by unanimous vote of Council.
6. SETTING OF PUBLIC HEARINGS:
(a) Motion by Councilman Cook, seconded by Councilman Wakem to
set the following items for public hearing on August 23, 1976
commencing at 8:00 P.M. at Fowler Junior High School:
(1) ZONE CHANGE - Request by Fletcher, Hansen & Parson for
a general plan and program review of a proposed
commercial-office park Planned Development located at
the southeast corner of S.W. 72nd Ave and S.W. Varns Rd.
(Wash. Co. Tax Map 2S1 1D, Tax Lot 900).
j. (2) RENAME EXISTING DEDICATED STREETS - Request by City of
Tigard:
a. S.W. 77th Avenue (old name) to S.W. Cherry Drive
portion lying south of SW Varns Street running south
to SW Fir Street.
b. S.W. Cherry Street (old name) to S.W. Cherry Drive
portion lying south of S.W. Fir Street running south
A and east to S.W. 72nd Avenue.
c. S.W. Watkins Avenue (old name) to S.W. Brookside Avenue
portion lying northeast of S.W. Walnut Street and running
northeast 471 feet.
d. S.W. Watkins Court (old name) to S.W. Brookside Court
portion lying northwest of S.W. Watkins Avenue and
running northwest 206 feet.
e. S.W. Post Road (old name) to S.W. Greens Way portion
lying south of S.W. Summerfield Drive and running south
and west 694 feet.
f. S.W. Post Road (old name) to S.W. Greens Way portion
lying south of S.W. Summerfield Drive and running south
and east 299 feet.
Approved by unanimous vote of Council.
7. APPROVE REFUND - Chester Curry - Sewer Connection Fee - $235.00
(a) City Administrator explained refund request and recommended a
refund of $235.00 to Mr. Curry.
(b) Motion to approve refund; Councilman Moore, seconded by
Councilman Cook.
Approved by unanimous vote of Council.
8. APPROVE SANITARY SEWER COMPLIANCE AGREEMENT - Tualatin Development
Corp. - S.W. Durham Road Sewer Extension (3342 feet long) .
(a) City Administrator recommended Council approval.
(b) Motion to approve; Councilman Moore, seconded by Councilman
Wakem.
(c) Discussion followed by Council and staff.
Approved by unanimous vote of Council.
9. APPPOVF, SANITARY SEWER CONTRACTS - George K. Heusser, Lot 6 Tippitt
Place and Chester Curry, 9976 S.W. Garrett Ave.
(a) City Administrator recommended approval of both contracts.
(b) Motion to approve; Councilman Wakem, seconded by Councilman
Cook.
Approved by unanimous vote of Council.
10. RESOLUTION No. 76-63 A RESOLUTION PETITIONING THE STATE OF OREGON
TO ENACT A STATE REVENUE SHARING PROGRAM.
(a) City Administrator stated resolution was prepared at the
direction of Council and recommended Council approval.
(b) Motion to approve; Councilman Cook, seconded by Councilman
Mickelson.
Approved by unanimous vote of Council.
PAGE 2 - COUNCIL MINUTES - AUGUST 9, 1976
11RESOLUTION No. 76-64 A RESOLUTION OF THE CITY COUNCIL PROPOSING THAT
WASHINGTON COUNTY PLANNING COMMISSION/WASHINGTON
COUNTY BOARD OF COMMISSIONERS ACT TO CHANGE THE
NAME OF CERTAIN ROADWAYS, HEREIN SPECIFIED,
ADJACENT TO CITY LIMITS.
(a) City Administrator recommended Council approval.
(b) Motion to approve; Councilman Mickelson, seconded by
Councilman Cook.
Approved by unanimous vote of Council.
12, ORDINANCE No. 76-30 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER
10.28 OF THE TIGARD MUNICIPAL CODE BY ADDING
TO SECTION 10.28.030 TO PROVIDE MOTOR BUS LOAD-
ING AND LAYOVER ZONES: FIXING AN EFFECTIVE
DATE.
(a) City Administrator recommended approval.
(b) Motion to adopt; Councilman Cook,, seconded by Councilman
Mickelson.
(c) Discussion followed by Council and stuff.
Approved by unanimous vote of Council.
13. ORDINANCE No. 76-31 AN ORDINANCE AMENDING SECTION 10 28. 130 OF THE
TIGARD MUNICIPAL CODE TO PROHIBIT PARKING ON
THAT PORTION OF S.W. WALNUT STREET GENERALLY
DESCRIBED AS THE NORTHERLY SIDE OF WALNUT STREET
LYING BETWEEN THE FOWLER JUNIOR HIGH SCHOOL
DRIVEWAY ENTRANCE AND A POINT 490 FEET, PLUS
OR MINUS, WESTERLY OF SAID DRIVEWAY ENTRANCE.
(a) City Administrator recommended approval,
(b) Motion to adopt; Councilman Mickelson, seconded 'by Council-
man Cook.
Approved by unanimous vote of Council.
14. ORDINANCE No. 76-32 AN ORDINANCE ADOPTING FINDINS WITH RESPECT TO
AN APPLICATION BY DONALD FORBES FOR AN AMENDMENT
TO THE 1970 ZONING MAP OF THE CITY OF TIGARD,
CHANGING THE ZONE DISTRICT OF A TRACT OF LAND
DEPICTED ON WASHINGTON COUNTY TAX MAP 35 B AS
TAX LOT 2000, FROM (R-7) SINGLE FAMILY RESIDENT-
IAL TO (C-4) NEIGHBORHOOD COMMERCIAL, GRANTING
THE APPLICATION AND FIXING AN EFFECTIVE DATE.
Request by Construction Services, Inc. for zoning map amendment to
rezone a parcel of land located at S.W. Greenburg Road and Shady
Lane, from R-7 Single Family Residential to C-4 Neighborhood
Commercial.
(a) Planning Director stated the Ordinance was prepared at the
direction of Council and recommended Council adoption.
PAGE 3 - COUNCIL MINUTES - AUGUST 9, 1976
(b) Motion to adopt; Councilman Cooky seconded by Councilman
Mickelson.
Approved by unanimous vote of Council.
15. PUBLIC HEARINGS - 8:00 P.M.
(a) HUD APPLICATION - Tigard City Council requested input to discuss
making final application to the Housing and Urban Development-
Department for a Housing and Community Development Block Grant
for Fiscal Year 1976-77.
( 1) Public Hearing Opened.
(2) Planning Director reiterated what The grant covered.
(3) Public Testimony:
Unidentified person stated he was supportive of the
application.
Mrs. Manley, Tigard - Questioned if road would we
widened before putting in pedestrian/bikepath.
Mr. Mack, S.W. Greenburg Road - Expressed concern about
drainage ditch and narrowness of road.
Roscoe Winters, 11545 S.W. Greenburg Road - Questioned
which side of road pathway would he developed and also
expressed concern about irfrirgmer_ of his property .
Marvin Winters, Rt. 4 Box 242, Hi1.�?sboro - Expressed
concern about street development.
(4) Planning Director recommended Council approval.
(5) Public Hearing Closed.
(6) Motion by Councilman Mickelson, seconded by Councilman
Cook to approve HUD application and adopt resolution
No. 7_6_65.
Approved by unanimous vote of Courc;i,.
(b) CONDITIONAL USE - Review by the C._ty Cour_cil of Conditional Use
by R.C. Malin Company to locate a .Department of Motor Vehicles
'building in a M-4 zone (Industrial Par)-) at 12985 S.W,, Hall Blvd.
(Wash. Co. Tax Map 2S1 2DA, Tax Lot 200) ,
(1 ) Public Hearing Opened.
(2) Planning Director reviewed Planning Commission's
approval of Conditional Use 18-76 subject to the
following conditions:
1. That Design Review emphasize vegetative landscaping
along S.W. Hall and S.W. Burnham.
2. The right of way necessary to bring S�W. Hall Blvd.
and S.W. Burnham St. to code be dedicated.
3. The applicant agree to participate in the LID on S.W.
Burnham St. and S.W. Hall Blvd.
Planning Director further stated the motion that approved
CU 18-76 also included approval of a varience (V-5-76).
PAGE 4 - COUNCIL MINUTES - AUGUST 9, 1976
(3) Public Testimony:
Proponents:
Dick Malin, Developer, Beaverton,; Oregon
Mr. Malin explained site plan and State bidding
procedure. Mr. Malin further stated he had developed
a number of similar facilities for the State Highway
Department.
Mr. Malin also submitted written commeri. s from Mr.
Lothar Schramm of Schramm Plastic Products, inc., , 8770
S„W. Burnham Street.
Opponents:
Pete Kolleas, 10855 S,W. Park, Tigard
Mr. Kolleas expressed concerns about traffic, road
conditions, driver safety* and size of site. Mr. Kolleas
further read a communication from Edward Warmoth, Coordin-
ator of Washington County Traffic Safety Commission;
which stated the site in questiotl was inaroropriate
for the proposed use by the Motor Vehicle Division.
John Costello, State Depar`•,me-i, of General Services,
stated he and Robert Dow, Motor Vehicle Division,
were present to answer any questions from the audience
or Council.
Charles (Jack) St Clair, 11675 S. J. 66th (NPO #4 member)
Mr. St Clair stated the site would generate too much
traffic and was too small.
Cross Examination:
Council questioned Mr. Costello and Mr. Dow in
regards to approximate number of customers per day to
use the facility.
Mr. Dow responded the Beaverton office averaged 381
transactions per day and an estimated 30% was Tigard
transactions. He also pointed out .estimated figures
did not include people coming in for Pictures nor
drop ins for general informatior..
Council further questioned if the State had actual
Projected figures to be anticipated if facility was in
Tigard.
Mr. Dow responded no.
Council asked the number of staff proposed to work
at the facility.
Mr. Dow responded 7.
Council expressed specific concerns in regards to the
hazardous location and poor visibility of proposed site.
PAGE 5 - COUNCIL MINUTES - AUGUST 9, 1976
Discussion followed by Council, -staff, !4r., Dow and
Mr. Costello in regards to vehicle safe:•y� site
access, signing, stop lights, 3lterr_afive sites or.
Burnham and size of face ll ity..
Unidentified person, 9117 S.W. Burnham -- asked Planning
Director to explain hoer wide Barnha= would be if im-
proved.
Planning Director responded the nP0 plans crii-ted fol'
60 feet of right or way.
(4) Planning Director referred 4o a leY.t r to Mr. Malin from
the State Highway Dept. in which they expressed concerns
about traffic at proposed site in that. :hey said they
would approve a permit, for nigh_ t>a: .. . ., ;+ on liai ,. Blvd.
Planning Director further scared he -,`.�om:mended denial of
appl.1cation based on the findings that
1 . Proposed use ys 1.gh �raft i;; generator and the
access problems related -�o this render it
inappropriate for thv proposkµa use,
2. The site is no:; appropriately sized situated
for the proposed truck tr,affi. ,
3. No demonstrated conce-rn is the S,ate`' s bid
specifications for traffic ;safety bu-;, rather for
the licensing and yone'tary needs of the Stage,
(5) Public Hearing Closed.
(6) Council and staff reviewed t.j e facts and --he Pian-_' g
Director's recommendation for
Council further requested au o In or: from L t. Rea con-
cerning the proposed site..
Lt. Rea stated the site locaitor: :. questio:i was already
a dangerous intersect i or: with hazardous v;s i b'11 ty problems.
Lt. Rea 'further s+aced a s,-o sign f n thea m:dd"e of a
curve on Burnham would not- to apprrjpriate and a right hand
only turn on Hall Blvd. wo•--Ld never b¢ adhered o�
Motion by Councilman Moore,, seconded by Councilman Cook to
deny CU-18-76 based on staff recommends dicn and Council ' s
concern that the proposed use for site lould compound hazard-
ous problems that already exist on S.W. Burnham Street and
S.W. Hall Blvd.
Councilman Mickelson stated support. of motion and added the
the following additional reasons for denial. of CU-18-76:
1 . No allowance made for increase or grovzh that Tigard
is experiencing.
2. Site clearence was inadequaye.
3. Concern in regards to traffic increase on surround-
ing residential streets.
PAGE 6 - COUNCIL MINUTES - AUGUST 9, 1976
Council questioned Legal Counsel in regards to dispostion of
the variance (V-5-76) approved by Planning Commission simul-
taneously with CU-18-76.
Legal Counsel stated, if motion is approved for denial,
variance would also fail.
Motion to deny Motor Vehicle Division request :approved by
unanimous vote of Council.
Unidentified person asked Counctl t,o clarify denial in
.regards to variance.
Council stated the variance was den?ed with the conditional
use permit request.
Mr. Costello asked Council .for an informal indication if
Council's concerns involvl1ng the particular site extended
to other sites on Burnham.
Council, informally, concurred an--y site on a rnham would
not be considered appropriate: for the proposed use
especially the sites closer to Main Street.
Mr. Malin commented the procedure was serio-usly flawed
when the developer and the State were subject to cross
examination and substantiation of what they stated and yet
the Planning Director was able to make st:a`ements for
reasons of denial without being cross exam,nad.
Council reminded applicant and audience the hearing had
not been re-opened for further testimony ,
(c) 1976-77 BUDGET
(1) Public Hearing Opened.
(2) Public Testimony - None
(3) Public Hearing Closed.
(4) Discussion followed by Council and s gaff.
(5) RESOLUTION NO. 76-66 A RESOLUTION APPROVING THE BUDGET ,
DECLARING THE AD VALOREM TAX LEVY
FOR THE GENERAL FUND AND MAKING
APPROPRIATIONS rOR THE FISCAL YEAR
ENDING JUNE 30, 1977.
Motion to approve Resolution No, 76-66; Councilman
Cook, seconded by Councilman Wakem.
Approved by unanimous vote of Council.
(d) ZONE CHANGE - Request by Farmer's Insurance Group for an amend-
ment to a Planned Development (signing program) located between
S.W. 66th Avenue on the east and Highway 217 on the west. (Wash.
Co. Tax Map 2S1 1D, Tax Lots 100, 200, 300, 400, 5009 701 , 1100) .
(1) Public Hearing Opened.
K (2) Planning Director reviewed history of request.
PAGE 7 - COUNCIL MINUTES - AUGUST 9, 1976
Mr. Ferris of 107 N.W� 5tth, Portland, presented the proposed
ower sign, street signs and directional signs. Mr. Ferris
further explained there would be a temporary sign,, with
leasing .information on the tower sign.
(3) Public Testimony:
Proponents - None
Opponents - None
Cross Examination - None
(4) Public Hearing Closed.
(5) Council and Mr. Ferris discussed the appearance and
necessity for the temporary 615-1: Council also discussed
what "temporary" meant in retards to .he leasing sign.,
Mr. Bill Finley, Project Arihitec11-, explained the need for
the leasing sign and stated the sign would be temporary.
Motion by Councilman Cook, seconded b-,- Councilman Wakem
to direct staff to prepare proper ordinance allowing
zone change and placing a two -rear time l,mit on the
temporary sign.
Approved by unanimous vote of CnIl- cll
REPORT - PARK BOARD
(a) Fred Cooper reported the Park Board h,5kd been or; a f°e)d -r jp
to review existing park .facil.it;us. Mr Cooper re-r7i� wFd Z:,t
of improvements endorsed by Park Board.
Mr, Cooper further reported a bank accour.rt nad teen or_.,ened -I der
the name "Friends of Tigard Parks" and they now have �2, OC) ilei
aside for Liberty Park.
17. OTHER
(a) MAIN STREET BEAUTIFICATION STATUS
City Administrator .reper-ed Frolect was almost comp_-t-d. Cl-y
Administrator further stated a sprinkl system wo;.yid be put
In at island at south end of Ma;x, St
(b) STATUS REPORT ON CCI MEETING
Assistant Planner John Law summarized meeting of August 5th.
Assistant Planner further reported a motion. passed by unanimous
Vote of CCI members, was - "that the CCI convey to the City
Council that no misconduct has been fo0_U_nd on the par-: of either
Mr. Kroese or Mr. Anctil. In the area of conflict of 1:--rest
there is a possibility of confi.ict on ;he part of Mr. Arctil but
not on the part of Mr. Kroese, and that the possibility for
conflict of interest on Mr. Anctil°s part Is without proof, The
CCI feels that there has been a lack of commuricatiL on the
part of the NPO members and who they represent as well as the
NPO members as a group and that all NPO members be aware of the
possibility of conflict of interest and disoualify themselves
from voting on any issues if such should exist,.
PAGE 8 - COUNCIL MINUTES - AUGUST 9, 1976
Assistant Planner stated the Council would be receiving a copy
of the minutes from the CCI meeting.
(c) STARK - OLSON ANNEXATION
City Administrator reported he and staff were meeting with
citizens in the area of proposed annexation, Thursday evening at
7.30 P.M. City Administrator further stated Mr and Mrs.
Sunamoto, (property corner of Wal.rut and 135th) had signed
a petition for annexation. City Administrator recommended
Council approval to include Sunamoto petition wi_h Stark-Olson
Annexation.
Motion by Councilman Cook, seconded by Councilman Wakem to
approve, by voice resolution the Sunamoto petition to be
included with Stark-Olson annexation and forwarded to the
Portland Metropolitan Area Local Government BourdarT Rev.ew
Commission.
Approved by unanimous vote of Council,
(d) BARNUM PARK ANNEXATION
Council requested information about Barman Park annexation and
directed staff to notify Council of all actions of that type in
the future.
(e) COUNCIL CORRESPONDENCE
Council directed staff to start circulating copies of 311 cor-
respondence at study sessions for Council review.
(f) MOBIL HOME PERMITS
City Administrator called Council7s at-tention to communication
from State and explained the City could contract with the Sate
to do mobil home site inspections. City Administrator further
explained if the City chooses to contract with the Sate,, the
City would retain 85% of permit fees.
Council requested further consideration of contracting with the
State at Study Session on the 16`.h.
(g) METROPOLITAN SERVICE DISTRICT
City Administrator advised Council 411-he local franchised sanitary
collectors would probably be requesting Council approval to in-
crease pick-up fees in order to cover increased hauling fees.
(h) USA COMMUNICATION
City Administrator reported the USA will be stripping useable
sewage treatment equipient from Tigard Sewer Plant site.,
(i) ECONOMIC DEVELOPMENT ADMINISTRATION BILL
City Adminstrator reported the bill will provide public
works construction funds. City- Administrator further stated
within 30 days EDA will provide guidelines and application
forms.
PAGE 9 - COUNCIL MINUTES - AUGUST 9, 1976
City Administrator recommended Council be considering possible
projects to be funded such as:
Commercial Street project.
Secondary restrooms at new field area in Cook Park.
Demolition of sewage treatment plant facilities.
(j) IETTER FROM ORE. STATE HIGHWAY DIP.
City Administrator called Council attention to letter from State
Highway Div. stating the speed limit on Ore 99W has been
lowered from 50 to 45 MPH.
(k) City Administrator advised Council of dispute between R;•an
Development and Commonwealth in regards to subdivision comoli.-
ance agreement.
18� ADJOURNMENT 11 : 10 P:M.
ATTEST: City Recorder
Mayor
PAGE 10 - COUNCIL MINUTES -AUGUST 9, 1976
BILLS PRESENTED FOR PAYMENT
AUGUST 9, 1976
.:NERAL FUND - U. S. NATIONAL BANK
Check No.
19333 Paulette McCracken - Mileage (16) $ 6.00
19334 Roger Thomssen - Recorriing (20.2) 9.00
19335 Arline O'Leary - Mileage (12) 4.95
19336 Rogene Regehr - RecountElection Board (10) 9.00
19337 Valarie Arneson - Recount Election Board (10) 9.00
19338 Josephine Graham - Recount Election Board (10) 9.00
19339 Eunice Schwartz - Recount Election Board (10) 9.00
19371 Public Employee Retirement Board - Social Security (11) 42.06
(12) 146.13 (13) 173.88 (14) 179.40 (14.1) 114.54 (16) 1275.90
(16.3) 69.91 (18) 9.28 (612)• 2011.10 4,022.20
19372 U. S. National Bank - Federal Withholding (613) 4,851.40
19373 State of Oregon - State Withholding (614) 1,765.00
19374 Banker's Life - Police Retirement (608A) 1,269.16
19375 I.C.M.A. - Administrator's Retirement (12) 110.00
19376 Tigard Community Federal Credit Union - Payroll Withholding (609A) 416.52
19377 Tri-County Federal Credit Union - Payroll Withholding (609C) 130.00
19378 Washington County Federal Credit Union - Payroll Withholding (609B) 831.00
19379 T.P.O.A. - Payroll Withholding (611) 346.00
19380 Western Life Ins. - Police Insurance (16) 49.40 (16.3) 2.60
(618) 6.50 58.50
19381 Oregon.iAdministration Co. - Payroll Withholding (619) 23.93
19382 Oregon Dental Service - Dental Insurance (11) 14.88 (12) 38.42
(13) 23.54 (14) 38.42 (16) 353.26 (16.3) 23.54 492.06
19383 Mr. C's Camera Shop - Film & Processing (14) 5.67 (16) 6.52 12.19
19384 Carpet Classics - Carpet (14.1) 100.98
19385 Columbia Maintenance - Janitor (16) 52.00 (18) 251.00 303.00
19386 Doug's Auto Parts - Auto Supplies (13) 3.03 (16) 93.58 96.61
19387 Richard Daniels - Mileage & Subsistence (14) 6.95
19388 Nancy Edwards - Mileage & Subsistence (14) 20.64
19389 John Laws - Mileage & Subsistence (14.1) 4.40
19390 Faye Sundt - Mileage (11) 4.80
19391 Sec. of State - Election Division - Poll Books (10) 16.25
19392 I.B.M. Corporation - Lift-off Tape (14) 13.50
19393 Maryatt - Laundry (20) 10.00
19394 Miller's Automotive - Repair front end #6 (16) 12.50
19395 Nudleman Bros. - Uniforms (16) 60.90
19396 N.W. Natural Gas - Utilities (16) 4.53 (18) 8.99 (20) 22.24 35.76
19397 Power Rents - Equipment Rental (20.2) .50
19398 Rentex - Laundry (18) 13.50 (16) 5.80 19.30
19.399 Simplex Time Recorder - Repair Time & Stamp Machine (16) 17.30
19400 Southwest Office Supply - Misc. Office Supplies (13) 14.40
19401 Tigard Lumber & Bldg. Supply - Misc. Bldg. (19) 2.80
19402 Tigard Times & Publication - Notice Public Hearings (10) 20.15
19403 Vic Alfonso Ford - #6 Axle .
3698
(16)
BD U. S. National Bank - Bonds (16) 136.98
19405 Nancy Edwards - Institute of Planning (14) 131.00
00-
19406 Anthony Pelay - Judge (11) 432.00
19407 Otto Sorg - Rent (18) 2.50
$15,897.13
Payroll 22,330.26
General Fund Total $38.227.39
R`
3
E
`R
'4
a Page 2
Bills Payable
August 9, 1976
1 411 -,VER FUND - U.S. NATIONAL BANK
neck No.
19371 Public Employees Retirement Board - Social Security (101) 227.83
-i (612) 227.83 $ 455.66
19372 U. S. National Bank - Federal Withholding (613) 561.90
19373 State of Oregon - State Withholding (614) 201.00
19376 Tigard Community Federal Credit Union - Payroll Withholding (609A) 50.00
j 19378 Washington County Federal Credit Union - Payroll Withholding (609B) 90.00
19381 Oregon Admin. Co. - Payroll Withholding (619) 6.66
j 19382 Oregon Dental Service - Dental Insurance (108) 61.98
19386 Doug's Auto Parts - Misc. Auto Supplies (210) 43.23
3221 Aerial Mapping - Tape Mylar (291) 75.00
3222 Gelco Grouting Service - Progress Payment # II (291) 16,900.75
3223 Oregon State Highway Department - Final Annual Payment (31-410) 4,283.50
3224 Unified Sewerage Agency (753-755.1) 63,423.57
4065 A-Boy West - Plumbing Supplies (240) 25.31
$86,178.56
Payroll 2,624.70
Total Sewer Fund $88.803.26
STATE TAX STREET FUND - U.S. NATIONAL BANK
Check No.
19371 Public Employees Retire. Board - Social Security (101) 207.94
(612) 207.94 $ 415.88
19372 U. S. National Bank - Payroll Withholding (513) 506.00
19373 State of Oregon - Payroll Withholding (614) 181.00
19376 Tigard Community Federal Credit Union - Payroll Withholding (609A) 131.84
19378 Washington County Federal Credit Union - Payroll Withholding (609B) 90.00
19382 Oregon Dental Service - Dental Insurance (108) 61.98
19386 Doug's Auto Parts - Misc. Auto Supplies (210) 57.02 (220) 18.86 75,88
19401 Tigard Lumber & Bldg. Supply - Misc. Bldg. Supplies (220) 84.96
(240) 6.00 90.96
19397 Power Rents - Equip. Rental (220) 52.00
4065 A-Boy West - Misc. Plumbing Supplies (220) 31.87 (240) 1.52 33.39
4066 Empire Pacific Industries - Parts for locks for restrooms (240) 17.77
4167 Firestone Stores - Tube (210) 8.29
4068 Frahler Electric - Labor & Material Starter Pump (240) 89.88
4069 Portland Electric & Plumbing - Amp Tester (220) 27.85
4070 P. G. E. - Street Lighting (282) 2,202.82
4071 Roto-Rooter - Pump septic tank (291) 100.00
4072 Tigard Sand & Gravel - Rock & Sand (220) 112.98
$4,198.52
Payroll 2,456.45
Total State Tax Street $6,654.97
FEDERAL REVENUE SHARING FUND - U. S. NATIONAL BANK
Check No.
19371 Public Employees Retire. Board - Social Security (15) 60.96
(17) 50.37 (21) 148.74 (612) 260.07 $ 520.14
19372 U. S. National Bank - Federal Withholding (613) 753.40
19373 State of Oregon - State Withholding (614) 305.00
;76 Tigard Federal Credit Union - Payroll Withholding (609A) 301.72
9381 Oregon Admin. Co. - Payroll Withholding (619) 7.28
19382 Oregon Dental Service - Dental Insurance (15) 14.88 (21) 47.08 61.96
19385 Columbia Maintenance - Janitor (15) 28.00
Page 3
Bills Payable
August 9, 1976
t.
FEDERAL REVENUE SHARING FUND - U.S. NATIONAL BANK (Cont.)
Check No.
19396 N. W. Natural Gas - Utilities (15) $ 7.66
19398 Rentex - Laundry (15) 8.65
19402 Tigard Times & Publication - Notice of Budget Hearing (21) 113.60
4057 Roger Thomssen - Recording (21) 39.00
4058 Roger Thomssen - Recording (21) 22.50
4059 J. C. Penney's - Unisonic Calculator (18) 39.95
BD U. S. Bank - Bonds (610) 18.75
19407 Otto Sorg - Library Rent (15) 238.00
$2,465.61
Payroll 2,645.83
F.R.S. Fund Total $5.111.44
Total Bills Payable $108,739.82
Payroll 30,057.24
$138 797.06
r'
€--ti p.:►� ��� UNIFIED SEWERAGE AGENCY
JUi 2 u 1975 OF
WASHINGTON COUNTY
CITY nF TlGARD ADMINISTRATION BUILDING—ISO N. FIRST AVENUE
HILLSBORO, OREGON 97123
(503) 648-8621
BOARD OF COMMISSIONERS Joel Wesselman
VIRGINIA DAGG.Chairman General Manager 4
Room 302
RICHARD C.HEISLER
RAY MILLER
J.ALLAN PATERSON E1
MICHAEL SHEPHERD
July 27, 1976
Mr. Bruce Clark
City Administrator
City of Tigard
P. 0. Box 23997
12420 S. W. Main
Tigard, Oregon 97223
Dear Bruce:
I wish to confirm our recent conversations regarding the Tigard ;
Sewage Treatment Plant and that equipment the Unified Sewerage Agency
plans to remove from the plant. In accordance with the terms and
conditions of the contract between the Unified Sewerage Agency and
the City dated September 8, 1970, the Agency intends to remove cer-
tain equipment from the facility but does not intend to demolish
the facility. Commencing August 1, 1976, the Agency intends to
remove the following equipment within a six month period:
i
1. All electric motors and gear reduction units from the
clarifiers.
i 2. Air compressors and receiver tank from the raw sewage r
pump station.
3. The raw sewage pumps and variable 'drive units from the
raw sewage pump station.
4. All flow meters. i
5. Laboratory equipment.
6. All drawings and records will be moved to the Durham Plant.
7. The positive displacement reciprocating pump and the Wemco
Pump base.
8. , The chemical feed pump.
9. The waste gas burner and regulator.
10. The raw sewage communitor.
11. Two filter recirculation pumps.
12. The blower from the trickling filter recirculation pumphouse.
13. The chlorine scales.
14. The clorinator.
x 15. The aerator mechanisms.
16. The Westinghouse electric panel and the General Electric
AC variable torque drive units and support controls.
'9
g
Mr. Bruce Clark -2- July 27, 1976
17. TT%7o Cornell pumps adjacent to the aerators.
18. The cat walks leading to the aerator tanks.
19. The bolt-down type guard rails or. the clarifiers.
20. Gas safety equipment.
21. The chlorine hoist and beam.
As provided for in the contract, the Agency does have a six-month
period to remove this equipment and the property does revert to the
City at that time. As indicated previously, we propose that six-
month period to begin on August 1. However, it is possible that the
Agency will complete its equipment removal prior to the expiration
{ of the six-month period and, should that occur, we will advise you
of the completion and revert the property to the City. We would
appreciate knowing whether the City wishes the power to be left on
'e at the time of reversion.
If you have any questions regarding this matter, please contact
US.
a
Very truly yours,
i
1 .
ary Y. rahmer
Assists t General Manager, Operations
GFK:by
cc: Michael B. Mathews, Manager, East Basin Operations
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METROPOLITAN SERVICE DISTRICT
1220 S.W. MORRISON,ROOM 300,PORTLAND,OREGON 97205 222-3671
AUG " 1975
July 26, 1976
CITY OF. TIGARD File #1. 20.A.8/6
Mr. Bruce Clark
City Manager
PO Box 23557
Tigard, Oregon 97223
Dear Mr. Clark:
On April 20, 1976, I sent you a letter outlining the
Metropolitan Service Districts (MSD) Solid Waste Resource
Recovery Program and it' s status. You will recall at that
time, MSD was in the process of requesting funds from the
State of Oregon to implement the Program. Further, once
funding was approved by the State, MSD's Ordinance 33
became effective. This ordinance imposes a user fee on
all solid waste disposed within the District. The amount
of this user fee during Phase I is $1. 11 per ton of waste
disposed or approximately 9G per residential can per month
for weekly service. The MSD Board, by resolution, has
requested that those local jurisdictions presently franchising
garbage collection or establishing collection rates allow the
pass through of the MSD user fee to the generator of the waste.
On May 28, 1976, the State Emergency Board approved MSD's
request for $11.2 million to implement the Resource Recovery
Program. However, the Emergency Board placed a condition
precedent to receiving these funds by requiring resolution of
two legal issues. It is estimated that the legal process
could take up to 12 months `o complete. Therefore, the impo-
sition of the MSD user fee, originally projected to become
effective in July, 1976, will be deferred until such time as
the courts render their decision.
I will keep you informed on the progress of the MSD Resource
Recovery Program and imposition of the MSD user fee. The MSD
staff will continue to be available to provide any assistance
or documentation that you may require.
If you have any questions, please feel free to contact myself
or Mr.. Charles Kemper, MSD Solid Waste Director.
;Ray
er ru y yours,
z
ller
MSD Ca airman
/ce
SALEM: Local Government Center EUGENE: Hendricks Hall
1201 Court Street N.E.
University o/Oregon
P.O.Box 928,Salem 97308 P.O.Box 3177,Eugene 97403
lL ; Telephone:(503)588-6466 Telephone: (503)686-5232
a o f Oregon Cue
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Salem, Oregon �. VJZb
July 15, 1976 JJi
f To: (1) Mayers of Oregon Cities G'TY OF j1rA
(2) City Managers or City Recorders
l The attached suggested resolution is forwarded to your city at the request of the
League's State Revenue Sharing Task Force, under the chairmanship of Mayor Les Anderson
of Eugene. It is the task force's hope that your city council will officially endorse
the state revenue sharing program by adopting a resolution, copies of which could
then be sent to the Governor and legislators from your area. The enclosed form is
only a suggested format; it should be modified and re-worded as your council thinks
appropriate to reflect your city's position on the state revenue sharing program.
The League task force believes it would be helpful if your city could identify, as
specifically as possible, the service or program reductions your city had to make in
adopting its budget for 1976-77. You might also wish to make a "best guess" estimate
of the difference between estimated revenues and needed expenditures in your general
fund for the years 1977-78 and 1978-79. These items of information would be useful
In your city's resolution.
During the recent series of League regional meetings, legislators time and again said
they wanted to hear from city officials about -the problems cities are facing. The adop-
tion of a resolution, with its updated financial information, will help keep your leg-
islators informed of your city's position.
Also enclosed is a copy of the mailing being sent to all legislators and candidates,
advising of the Joint Platform on Local Government Finance adopted by city, county
and school boards association boards of directors, and requesting legislators and
candidates complete a questionnaire summarizing their opinions on the joint program.
Some of them may be in contact with you while completing the questionnaire, and we -
hope you' ll be willing to give them whatever information and assistance they need.
The action of your council in enacting a resolution of support is vitally important
to the success of the state revenue sharing program.
Sincerely yours,
ric7hard T. Carruthers
Mayor, Town of Hammond
{ League President
Enclosures
OFFICERS: Richard T. Carruthers. mayor, Hammond, DIRECTORS: Mayor John D.Brenneman. Newport • Mayor Miller M. burls, Hillsboro Mayor Elaine
president• Ellen C.Lows,councilwoman•Sate.,vice- Esselstyn,Cascade Locks • Mayor Lawrence P. Dray, Hermiston • Arthur R. Johnson, city manager, Bend
President • C. Dean Smith, city manager, Corvallis, • Chanes R.Jordan, commissioner of public safety, Portland . Mayor Donnell Smith, The Dalt es • Tom R.
treasurer• Donald L, Jones, executive director Williams,councilman, Eugene,immediate past president • Floyd L. Wynne, councilman. Klamath Fells
July 30, 1976 Y 1
(memorandum)
TO: City Administrator
FROM: Building Official
SUBJECT: Refund for Chester Curry
On July 27, 1976, Mr. Chester Curry Who's address is 9975
SW Garrett Street applied for a sewer connection permit.
Mr. Curry' s residence is outside Tigard City limits.
Based on criteria furnished by Unified Sewerage Agency it
was determined Mr. Curry would be issued a connection permit
and the charges would be as follows:
Permit fee $575.00 plus 25.00 inspection fee, and in liew
of original assesment,$1117.87. At the time Mr. Curry was
in the Unified Sewerage Agency office he was told the side
sewer or lateral should have been extended to his property
line from a "tee" in the main, and that if it wasn't he could
have credit for installing the side sewer when he was con-
nected.
Mr. Curry obtained an estimate of cost from Modern Plumbing
to do this work,since it has been determined that the side
sewer is not in place.
Therefore a refund of $235.00 should be made to Mr. Curry at
this time. The charge of $235.00 has been judged a fair and
reasonable price for this work.
d
E.T. Walden
Building Official
PHONE 639-3701
MODER* N PLUMBING Co.
There Is No Substitute For Quality
9045 5.W, BURNHAM TIGARD, OREGON 97223
City of Tigard
Cost of installing wye in main;
5 .00
Cost of extending sewer from wye to property
line:
185.00
Total:
$235.00
t
MEMORANDUM
To: Bruce Clark, City Administrator
From: Richard Daniels, Associate Planner
Re: S.W. Pacific Highway frontage road near S.W. Park Street
The Planning Commission at their August 17th meeting approved
a conditional use permit allowing a Family Activity Center
including 11 tennis courts, 8 handball courts, swimming pool ,
roller skating rink and associated offices. As a condition to
their approval they required full improvement of the frontage
road to local street standards, realignment of the northern
intersection of the frontage road, closure of the southern inter-
section, and participation in a street light . In discussion
with Terry Flink, State Highway Department, he stated support
of the action and encouraged us to petition the Transportation
Commission to change jurisdiction of the road to the City.
The Planning Commission felt these improvements are necessary
to make this site safe for the proposed use. Apparently these
improvements cannot be made unless the jurisdiction of the road
is changed to the City. Therefore, the project hinges on this
action.
i
f
layart D e-%relopm ent Co.
8700 S.W.26TH AVENUE• PORTLAND,OREGON 97219
TELEPHONE 503 245-2203
RECEWED
AUG J 19-1"3
CITY: OF TIGARD August 9, 1976
Mr. Bruce Clark, City Manager
City of Tigard
12420 S.W. Main
Tigard, Oregon 97223
Dear Bruce:
This letter is addressed to your attention as a request for council consideration
of the "Englewood Tod' bikepath/pedestrian way zone change requirement.
As you are aware, the Englewood planned-unit development was approved by the City
of Tigard in October, 1973, with specific conditions to be complied with by the
developer, Commonwealth Properties. Included in those requirements was the
construction of a "six-foot wide meandering landscaped pedestrian/bikeway along
and separated from the paved portion of S.W. Scholls Ferry Road". It was further
specified that construction of the bikepath was to be completed prior to occupancy
of any of the planned apartment complexes.
Last fall our firm, Ryan Development Co. purchased a 40-unit site from Common-
wealth and have since constructed and sold the completed project to a local
area investor.
Over the past two months we have , without success, attempted to have Commonwealth
complete their obligations pertaining to Lot 89 in Englewood. At no time have
we assumed responsibility to put in the bikepath. In purchasing the property,
Commonwealth did not transfer to us in any way their obligation to comply with
the original zone change conditions that included the installation of a bikepath
on the property.
Rick Daniels, an associate planner for the city, is aware of further background on
this matter. We are anxious to have this issue cleared up and to have the pro-
ject in compliance with the conditions set down by the city. It is our under-
standing that Commonwealth Properties has an existing bond secured with the City
for the Englewood development. It is our request that the Council review this
matter and take whatever steps it believes necessary to resolve this issue.
Sincerely,
JB Bishop
JBB:lsr General Manager
CC: Phil Love, Owner
Hal Russelle, Lincoln Savings
and Loan Association
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SALEM: Local Government Center EUGENE: Hendricks Hall
1201 Court Street N.E. University of Oregon
P.O.Box 928,Salem 97308 P.O.Box 3177, Eugene 97403
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Telephone:(503)588-6466 Telephone: (503)686-5232
'w.+,wr•.n�' ^.env �' ..'t
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League of Oregon Cities
w
Salam, Oregon
June 23, 1976
v,
To: (1) Mayors of Larger Oregon Cities
(2) Council Members of Larger Oregon Cities
(3) City Managers or City Recorders of All Oregon
Cities
Enclosed is the announcement of a seminar for mayors, council
members and city administrators being conducted by the
National League of Cities in cooperation with the League of
Oregon Cities and state leagues in other western states.
The seminar will be held August 5-7 in San Francisco.
We would appreciate it if you would assist in bringing
the seminar to the attention of elected and key appointed
officials of you city. We hope that it will be a useful
seminar for those who are able to attend.
Sincerely yours,
Executive Director
Enclosure
-�+ OFFICERS: Richard T. Carruthers, mayor, Hammond, DIRECTORS: Mayor John D. Brenneman, Newport . .Mayor Miller M. Duris, Hillsboro Mayor Elaine
President•Ellen C.Lowe,councilwoman,Salem,vice- Esselstyn,Cascade Locks • Mayor Lawrence P. Gray,Hermiston . Arthur R. Johnson, city manager. Bend
president • C. DeanSmith, City manager, Corvallis, Charles R.Jordan, commissioner of public safety, Portland Mayor Donnell Smith, The Dallas • Tom R.
_,� treasurer . Donald L. Jones, executive director Williams,councilman, Eugene,Immediate part president• Floyd L. Wynne, councilman, Klamath Falls
LES AuCO1N WASHINGTON,OFFICE.
IST DISTRICTS OREGON 329 CANNON HOUSE OFFICE BUILDING
WASHINGTON,D.C. 20515
COMMITTEM (202)225.0855
BANKING.CURRENCY AND �orYgr¢s� of i � lYt�ebL�L�J DISTRICT OFFICE,
HOUSING L •nJ s7i► I I .i6�
:AERCHANT MARINE AND 345 UNITED STATES COURT HOUSE
FISHERIES J�oum;e of Reprefientatfbes PORTLAND. �1 01 47205
Wagbinaton,MC. 20515
C
July 7, 1976
Mayor Wilbur Bishop
10590 S.W. Cook Lane
Tigard, Oregon 97223
Dear Mayor Bishop:
What more appropriate way is there to celebrate the
Bicentennial than to demonstrate our commitment to
the most essential of all democratic institutions?
The cornerstone of democracy is every citizen's right
to choose his or her representatives through the
election process.
To emphasize the importance of voting during the
Bicentennial year, Alameda, California, has issued
a challenge to every community across the country to
outdo it as "America's Votingest City". Already 121
cities in 35 states are involved.
I urge you to join in this non-commercial show of
patriotism and dedication to freedom by entering
this competition. Enclosed is the rule sheet sent
by Alameda. I am confident that Oregon communities
will demonztrate that their spirit of citizenship
rivals and indeed surpasses that of any city in the
country.
With best wishes,
Sincerely,
LES AuCOIN
Member of Congress
LA:lbb
Enclosure
si
b
AMERICA=
-]F,ff- VW0%0-TUME
ffmwm��Mlw
76
�! Competition to Become America's cotingest City byC,Wov.2.1976
OFFICIAL ENTRY FORM_
PART I - Acceptance Date
we accept your challenge to be "America's Votingest City
by November 2, 1976".
Name
Title
PART II - General Data
Name of City State
Current Population
Voter Registration on November 5, 1974:
Voter Turnout on November 5, 1974:
Certified by Title
PART III - Liaison
Name and Address of individual to correspond with:
Name
Please return to: Telephone (Daytime)
Alameda Vote 176 Street
Attention: Howard Barto
P.O. Box 2230
Alameda, CA 94501
city zip code
A CHALLENGE FROM —A CITIZENS'COMMITTEE
78
POSTOFFICE BOX 2230.ALAMEDA.CALIFORNIA 04501 (415)865.7804
/Iiwpw,(MInM.IM
VOA
76
C,9 Competition to Become America's`Votingest City by.v`JVov.2.1976
VOTINGEST CITY COMPETITION GUIDELINES AND RULES
The goal of the Alameda-Vote'76iAmerica.Vote'76 Bicentennial voting chal-
lenge is to focus on the role of cads American as citizen—celebrating the hard-won
freedom to build government ". . . .from the consent of the governed." This
freedom binds us all together.
The America-Vote '76 Rules Committee recognizes the complexity of differing
state and local vote laws and differing data gathering resources. Thr following
contest guidelines and rules represent our best effort to make the competition as
fair as possible for all communities,but also as simple as possible.
We depend on the good will and honesty of all participants to present pup•:la.
tion and voting statistics as accurately as possible under the contest guiJJincs.
a«+«•t«*«+«««««++•««+e««*««+«a+++«++««««««tr+u«•s+«a«r«+a«ars
COMPETITIVE AWARDS IN lift. FOLLOWING 101"ING 1GF.POI'C'1.,1T1(1N
CATEGORIES:
If you use rhe 19li1 ,cn,,r- Ger p,irulation, aunt the
1. Increase in Registrauoh nuui-cu ui P::rsom le vea.rs tml order to docrminv
A. In places which have not pmerd voter ro l% vntwg are P+polat on
since Nov. 3, 1974 (removed na•n:s Iron) reg- It yuv c a rcvcut _,uu,..w tut poprda:rvn. vase van
istration list for failute to %este) The highc.,t compute 0x pi scat ,otmx age populaitim '.•v the lot-
increase of perccntayc of voting,:Fe popul.awn lowrre formula
who are registered to vote batwccn the closing
date of registration for thr No,.5. 1974 election Present•1^brit d/e 19.10 Young Age Pop t Pecert esbmale
and the cl"ng date for registration for the Popui.rtior ;)1J'o!ai Pup nl total pop.
Nov. 2, 1976 election.
B. In places which h_ne Purged voter rolls .rncc CITIES 1%11.1 COMPEIE IN 'lilt 101 I' 117NG
Nov. 5, 1974: The htglicvf incrcasr of percer.r POPUI,ATION C'ATF.GORIFS:
age of voting age ropulation -ho rcgntcrcd l rider 500• :5,tx)I - V),(wIi
to vote between the first official us.nt d rte• tOf - 2.5(t) Ah,tt)l - t1111.trr)p
istered voters following the purge o voter rolls 501 - 12.50) ifR,Wl . 25Q(M
after the Nov. 5, 1974 cictunn and the••lasing IO,tul 15.0(x) Over 25O,000
date for registration for No%. 2, 1976 clrctinn.
Il. The greatest increase in peranpigc or rvgistrrcd If these divisions seer,,ut-tu sly disidcd or o.crcro%&d
voters who volt on Nov,2, 1976 over perfentage of a' chalcnge, it, rccanrd. they will he ap,*oma sly
registered voters who fated on Nov,5. 197::• changed.
III.The highest percentage of voting age population
registered to vote for the Nov. 2. 1976 elation. PRIZIiS
IV.The highest percentage of registered voters who Prizes for nen-eorffet.tive lutegorm,: appropriate c0r-
vote on Nov.2. 1976. tifi¢ates. Prizes for competitive categories wi6 he awards
suitable for prideful public display.
NON-COMPETITIVE AWARDS
�. Awards for excellence will be given to communities CONTEST ENTRY DEADLINE
whose voter turnout on Nov. 2, 1976 is over 707;,, Entries must be po,tmarked ScptemFr_r 1. 1976.
80%. 90% and 95%. It is possible for a community to
win both a competitive and non-competitive award.
ANNOUNCEMENT OF WINNERS
POPULATION Official voting results must be postmarked Dec. 2,
A challenging city may use population figures deter- 1976. This is 30 days following the election, the date
mined in one of these ways 1. 1970 census figures. most communities must submit official returns to their
L The most recent estimate by an official state or Secretary of State. Official announcement of winners
local agency (city or county planning department nr will be made on December 30, 1976 as an appropriate
state finance department). salute and ending to the Bicentennial Year.
WE URGE EVERY AMERICAN CITY OF EVERY SITE TO JOIN IN THE SPIRIT OF FUN,
CHALLENGE AND BASIC IDEAI-ISN1 WITH WHICH T14E CONTEST WAS FOUNDED.
'cv+r ds CLAM.£s.
-� t A CHALLENGE FROM ,rr,vr --F CITIZENS' COlxMir,cr
3
i
a
r
Larch 11, 1976
TO: Bruce Clark, City Administrator
FROM: Russ Austin, Building Official
SUBJECT: Overcharge Sewer Inspection Fee
Through an oversight both owner and contractor paid a
sewer inspection fee for side sewer being laid for future
use by Federal Credit Union in the Farmers Insurance
Group located at 67th & Hampton.
I recommend that Council approve refund of $35.00 payment
made by Modern Plumbing on March 9, 1976.
usse1 Austin
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19/5
CITY OF TIGARD
Commonwealth Properties,Inc.
3800 S.W.Cedar Hills Blvd.,Suite 225
Beaverton,Oregon 97005
i
November 6, 1975
t Mr. Jerry Powell
j Assistant Planner
City of Tigard
P. 0. Box 23557
Tigard, Oregon 97223
Re: ZC 12.75 and MLP 7.75
3
Dear Jerry:
With reference to the above-captioned applications, it is the intention
of Roger Belanich and Commonwealth Properties, Inc. , to appeal the action
taken by the Tigard Planning Commission at their meeting of November 4 to
the City Council. It would be appreciated if you would schedule this
appeal for the council agenda of December 1 , 1975. A supplemental letter
will be in your hands within a few days, detailing the basis of this
appeal and addressing the question of whether it is to be based soley upon
the record or is to be denovo.
i
Thank you for your assistance in processing this application.
X
Very truly yours,
COMMONWEALTH PROPERTIES, INC.
rnest E. Platt
Project Manager
EEP:ck
cc: Roger Belanich
Robert S. Ball
a
d4:n��c°"n11�
STAFF REPORT
Tigard Planning Commission
November 4, 1975
MLP 7-75
Agenda Item 6.1* (continued)
A request to partition a 9.53 acre site located on SW 121st .
Avenue at S'd Scholls Ferry Road. (Tax lot 500, tax map
lSl 34B) .
Staff Findings
1. Subject parcel is to be divided into two parcels for the
purpose of commercial development on the "front" half.
2. The proposed development conforms with the Tigard Community
Plan.
3. Three streets front the parcel, none of which are improved
to City standards..
4. Dedication of 5 ft. right-of-way and improvement of SW
121st the length .of Englewood's development has been.
agreed to by Commonwealth, but was not required as a
1 subdivision condition by the Tigard Planning Commission.
Staff finds that inasinuch as there is now a specific plan
for. the disposition of both sides of 121st, that a standard
commercial street must be required under provisions of
Chapter 17, Tigard Municipal Code.
5. Staff finds that development to City standards of 1.2.1st
would effectively ovviate need for the previously required
additional 10 ft. fronting Englewood's multi-family area
on 121st.
6. Scholls Ferry is designated a major arterial. The City
has, on adjacent development, required a 10 ft. additional
dedication of right-of-way and agreement to provide such
improvements, i.e. curbs and drainage improvements, as may
be required by the state highway department and to provide
a sidewalk/bikeway separated from the roadway.
7. Access should not be allowed within 100 ft. of Scholls
Ferry on 121st due to conflicts with turning traffic at
Scholls.
SW 122nd is 40 ft. wide where a minimum of 50 ft. would be
�J necessary were 122nd to be developed as a public street:
9. Should future development for commercial use be entertained
on Scholls Ferry_to the west of the site, primary access
ought to be off 122nd with no additional curb cuts to Scholls
Ferry.
10. An extension of SW Springwood Drive, making the south boundary
of the parcel has been proposed by the applicant. Staff
page 2
�. Staff 1�port
Item 6.1
11/4/75
finds that the Tigard Code, Chapter 17, . specifies a
maximum "block" length of 1200 feet. The proposed
street would bring the two parcels proposed into con-
formance then with respect to future parcelization.
11. The Oregon State Highway Division has been contacted
with respect to improvement of the 121st and Scholls Ferry
intersection and will submit an opinion as to needed
traffic improvements after study.
i
Staff Recommendations'
to be read after close of public hearing
a
9
F '
t
1
A
9
. *concurrent application with ZC 12-75
}
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A L
MINUTES
Tigard Planning Commission
Regular Meeting
November 4, 1975
J.
1. CALL TO ORDER: Vice Chairman Porter called the meeting to order-
at 7:34 p.m.
. r
2. ROLL CALL: Present: Porter, Sakata, Hansen (late) , Wakem,
Nicoli, Smelser, Ems; staff: Powell and Laws
Absent: Hartman and Popp
3. MINUTES: Porter stated that the planning department memorandum
to the City Council dated 10/30/75 concerning the
correction in addendum to Planning Commission minutes
s of October 7, 1975, had incorrectly stated the roll
call on the motion for realignment of Gaarde St.
' Porte'r requested that a correction be made in the
memorandum minutes and that this correction be brought
to the attention of the- City Council.
Ems requested that the 10/21/75 minutes', under the item
of' roll call, be amended to read 'Ems present" and not
absent. '
4. COMMUNICATIONS: None
5. PUBLIC HEARINGS
5.1 ZONE MAP AMENDMENT ZC 12-75 (Belanich Community Shopping
Center)
A request by Roger Belanich for zoning map amendment to zone
a parcel at SW 121st, Scholls Ferry Rd, and 122nd, presently
zoned Wash. Co. suburban residential to Tigard C-4, nei hbor-
hood commercial (Wash. Co, tax map 1S1 34B, tax lot 500 .
Continued from October 21, 1975.
A. 1 Staff Report
Powell requested that agenda item 6.1, Minor Land
Partitioning (MLP. 7-75) be read sequentially. Powell
asked the commission -that rather than read the staff
report that had already been read at the last hearing
Y that he, instead, would relay the 'events that have
transpired in the last week on this matter with regard.
to meetings and correspondence with developers to in- --
elude both Mr. Belanich and Mr. Cy Penn, Beaverton and
Washington'C.ounty planning departments and representatives _
y
from CPO #4:
f Powell read into the record a letter from Washington
County County in "response to 'a point meeting that was
held with staff, Belanich; Penn-; Beaverton and Wash. Co.
PC Minutes - page 2
• November 4, 1975
planning departments, and a representative from CPO
#4
o Powell also read into the record a letter from Jack
Young, Chairman West End CPO A.
o Sakata asked staff if the Beaverton planning department
had responded to this matter.
o Powell stated that K. J. Wong, Sr. Planner for Beaverton,
felt that not enough time was available in order to get
sufficient background data on this matter .to the Planning
Commission at this time.
B. Public Testimony
o Belanich, the applicant, stated that he felt he had
conformed to the Planning Commission's request for
the submittal of a plot plan and briefly discussed
the joint, meeting held earlier in the week. He
stated that, in his opinion, the correspondence
from Wash. Co. regarding the proposed site for
a shopping center did not conflict with the community
plan, but that the real issue appeared to be one of
size. Belanich saw no problem with 122nd and felt
-that some agreement, perhaps in covenant form, could
be made with the adjoining property at which time they
chose -to develop.
o Cy Penn, Mercury Development Co. , stated that the
Tigard Comprehensive Plan designates the area at
121st and Scholls Ferry Rd. as a commercial shopping
center and not a convenience shopping center. He
further stated that a community center's needs far
exceed what would be provided for on the 3 acre
Belanich proposal.
o Nicoli asked Penn if he would build a shopping center
on the Meats property.
o Penn responded affirmatively, stating that his pro-
posal would be for an--8 acre site on the Meats'
property at either 122nd and Scholls Ferry or- -
Sorrento Rd. and Scholls Ferry Rd.
o Jack Young, Chairman West End CPO A, asked for a
deferral on this matter until further research is
undertakdn.
o Sakata asked Young when the CPO -would have a response-
-' to this matter. -•
., PC Minutes - page 3
November 4, 1975
o Young stated that the CPO's position could be
available sometime in January.
o Wanda Senz, CPO #4, distributed a letter from the
CPO Transportation Committee. She stated that a
shopping center located at perhaps Scholls Ferry
and Sorrento Rd. would be a better site choice.
Senz recommended to the Commission that they deny
}
the proposal. - ._ ._.. .
o Neal Brown, CPO #4, stated that he felt that there was
a lack of communication between jurisdictions and
asked if an origin destination study had been made
for the area. He further asked if sufficient
citizen input had been given on this matter.
S
o Jack Young asked what.- is the urgency of this project.
C. Staff Recommendation
{ o Staff requested that staff recommendations be given
before continuance of the public hearing.
Staff recommendation for the minor land partition was
for approval with the following conditions:
1. A 5 ft. dedication on 121st and 122nd.
2. A '10 ft. dedication on Scholls Ferry Rd.
3. 5 £t. utility easement on all 10; lines.
4. Development of SW 121st to southerly line of
Englewood PD to- City standards (44 ft. roadway)
with curbs and 5 ft. sidewalks adjacent property
lines.
5. No access frgm Scholls Ferry Rd. and no access
from within 100 ft. of Scholls Ferry from 121st.
6. That pedestrian/bicycle 'trall be provided along-
Scholls Ferry Rd: (extending- that alread provided.
for easterly of 1216t adjacent Lnglewood5."
7. The extension of SW Springwood Dr. across tax
lot -500- to intersect 122nd with a 50 ft. right- - --
of-way -improved to a standard 36-ft. street.
Staff recommendation for the zone change, approval,. -
should the--Commission feel it has adequate:_ findings -
or denial if -the Commission felt the- findings to be _-
inadequate-.
PC Minutes - page 4
November 4, 1975
o Jadk Young, Chairman West`- End CPO A, urged '
the Commission to deny the.:request based on the
size of the proposal and that this matter should
be deferred for further consideration.
o Cy Penn stated -that the Belanich proposal does
not meet the Community Plans criteria for shop-
ping centers.
o Ernie Platt, Commonwealth Properties, stated that
neither the Wash. Co. , Beaverton or Tigard Com-
munity Plans designate the area at' Sorrento Rd.
and Scholls Ferry Rd. as a location for a com-
munity shopping center and if such a proposal
were made, amendments to all three plans would
t be necessary.
D. Commission Discussion and Action
o Sakata asked the applicant if the buildings as shown ..
on the site plan would be constructed in those lo-
cations as shown.
a
o Belanich responded by saying that they would pretty
much be constructed on those areas as shown with
some changes in building configuration.
o Smelser stated that the present site plan and the
size of the buildings does not appear to meet the
needs of the community for shopping in that area.
o Sakata asked Belanich when he would be starting the
project.
o Belanich responded "sometime 'next summer or the
following summer".
o Porter stated that there is clearly a need for a
shopping center at this location and that the Com-
munity Plan calls for one there; however, the size
of this proposed project appears that it would not
accommodate the community shopping need and that----
the applicant might. use the suggestion- from-the -
Wash. Co. planning department that a- joint develop
ment- be undertaken with the adjoining property (Meats)..
o Nicoli stated that the Meats property would probably -
have to develop according to Planning Commission and
City Council recommendations.' . -
o Ems stated that by partitioning the parcel and making
it smaller, it would 'create- a proposal for' a shopping -
center not adequate in size to serve the communityineed.
c MINUTES
Tigard Planning Commission
October 21, 1975
`l. Twality Junior High School - Lecture Room
14650 S. W. 97th Avenue, Tigard, Oregon .
1. CALL TO ORDER: Chairman Hartman called the meeting to order
at 7.40 P
2. ROLL CALL: Members present:
Hart ll an,Poand PortLawser, Sakata,
Wakem, Ni.coli., -
Ems and Smelser
3. MINUTES: Porter requestthey aCitaddendumCounciloindicatingethatmthetes
be sent on to Y
minutes of
thattroll rcalls 16 ebepadded dtonthly w
ith the
P eminutes.
The minutes of September -30'-and October. 7 were approved .
as amended. -
4. COMMUNICATIONS: ` A late letter from ra
Washington
nzonechange County
chRfre rom
er
Belanich's application fo
county SR to Tigard C-4.
5. PUBLIC HEARINGS
-75 (Belanich Community Shopping Center)
5.1 'ZONE MAP AMENDMENT 7.0 12
A request by Roger Belanich for zoning map amendmentto
zone
a parcel at SW 121st, Scholls Ferry Rd. and 122nd, presently
zoned Washington
(��ash1,aCo.etaxemapa1S1o34B �ard taxC-4,
Neighborhood Commercial
lot 500) .
Note: . Items 5.1 and 6.1 were considered together.
6.1 MINOR LAND _PARTITION MLP 7-75 (Belanich)
A request by Roger Belanich to partition a parcel of land
1chollsSFerry Roadand122nd (WashS1Co. tax mapidential e121st,
S lS1 34B
tax lot 500) .
A. Staff Reports: Read by Powe
B. Public Testimony
o Roger Belanich, the applicant (2330 - 43rd Ave.
East, Seattle, Wash.)veloping a 3.2 ac , stated his proposal for
dere facility on the subject site
' for retail sales and that there was a need in this
ping.
geographic portion of Tigard for shop
PC Minutes 10/21/75
page 2
o Ernie Platt, Commonwealth Properties (3800 SW
Cedar.Hills Blvd. , Beaverton, Oregon) , concurred
with Belanich's remarks and stated the request was
in conformance with the Comprehensive Plan. Platt
also stated that a 5 ft. dedication would be made
along 121st and a 10 ft. dedication along Scholls
Ferry Rd. and that he and Belanich would agree to.
street improvements along 121st at such time that
development occurs on the parcel that is subject
to annexation.
o Mr. Platt asked the Commission if there is a need
to keep 122nd St. open.
o Powell stated that 122nd would serve probably as
the best access from the proposed site.
o Porter asked if the applicant had made contact with `. . ,:
adjoining property owners as to the possibility of
expansion on to those adjoining parcels.
o Cy Perin (Mercury Development) , 'speaking on behalf
of Mr. Joseph Meats, the property owner immediately
west of the subject site, stated that he was pro-
posing on the Meats property an 8 acre development
and 'that he was in opposition to Mr. Belanich's
proposal, but did concur with the need for a shopping
center in the area and that 122nd St. should be
improved.
o Penn indicated that he had applied to Washington
County for a zone change for commercial development
on the Meats' property and felt that Belanich's
estimated size for a shopping center should be
larger .than the three acres as proposed.
o Penn requested that the letter submitted under
communications from Washington County regarding
the Belanich zone change proposal be read into the
record.
o Penn stated that he felt that 121st and Scholls
Ferry Rd. should not be developed because of the
additional traffic that would be created at this
intersection.
o Hartman asked Penn the size of the entire Meats'
parcel.
o Penn replied that it was 28 acres.
o Belanich stated that Mr. Penn was not dealing with
what is at issue and what the Community Plan addresses
itself to.
page 3
PC MinuC s 10/21/75
C. Staff Recommendation: For minor land partition,
approval with the following
conditions:
1. A 5 ft. dedication on 121st and 122nd.
.2. A 10 ft. dedication'on Scholls Ferry Rd.
3. 5 ft. utility easement on all lot lines.
4. Development of SW 121st to southerly line of-
Englewood PD to City standards (44 ft. -roadway)
with curbs and 5 ft. sidewalks adjacent property
lines.
5. No access from Scholls Ferry Rd. and no access
from within 100 ft. of Scholls Ferry from 121st.
6. That pedestrian/bicycle trail be provided along _ -.
.' Scholls Ferry Rd. (extending that alread provided _ -•:
for easterly of. 121st adjacent Englewo.M. .-
7. The extension of SW Springwood Dr. across tax
lot 500 to intersect 122nd with a 50 ft. right-
of-way improved to a standard 36 ft. street.
Staff Recommendation: For zone change, approval.
} D. Commission Discussion and Action
o Porter was in agreeance with the location of the
proposed project, but questioned the size of the
parcel and the divisioning of the parcel.
o Powell stated that to extend the project to the
entire parcel, tax lot 500, would have negative
impacts on the surrounding area.
o Wakem questioned the configuration of the proposed
site.
. o Sakata asked the applicant as to the general layout
of the project and her concern as to the way the
' property was to develop, assuming a zone change
were approved.
o Hartman suggested that if the Planned Development
failed her, then the zone change should fail.
- o Hartman -stated that he would like to see the two
properties, Commonwealth and Meats, developed
jointly.
o Popp- stated he felt the proposal would meet• its
intent.
. . c p 4
P�'eiinutes 10/21/75
o Motion (Popp) for zone change from County SR to
City C-4, with conditions as recommended by staff
and that the project be underway within 18 months
or the parcel would return to the pre-existing
zone, providing the applicant has not requested an
extension of the 18 month provision from the
Planning Commission.
o Seconded (Nicoli) .
o Ems asked if full provisions had been provided for
street improvements.
o Porter felt that granting a zone change at this '
time would give way to any type of development
without control and suggested that the item be
tabled. He also suggested that a joint meeting
be held with adjoining property owners and that - - --
a clear development proposal be made for the site...
o Sakata stated that she would abstain from voting at -
this time until a more detailed concept is submitted,
but agreed to tabling the matter.
o Motion failed 5-2. Hartman called for roll call
vote. No: Hartman, Porter, Sakata, Wakem, Ems;
Yes: Popp, Nicoli.
o Motion (Porter) to table until a more detailed -con-
cept plan is given by the applicant.
o Seconded (Wakem) .
o Motion passed unanimously.
5.2 ZONE MAP AMENDMENT ZC 13-75 (Payless Planned Development)
Application by Payless Drug Co. for an AMENDMENT to the
TIGARD ZONING MAP to allow a COMMERCIAL PLANNED DEVELOP-
MENT on an approximately 8 acre site at SW Main and
Scoffins Streets (commonly known as old Fowler Junior High
School, tax map 2S1 2AA, tax lots 600, 700, 800 and 900).
Commercial activities proposed are drugstore-variety goods
store and a supermarket of approximately 30,000 sq. ft.
plus approximately 20,000 sq. ft. of satellite retail com-
mercial and office space, including banking, restaurant
and small retail shops.
A-. Staff Report:, Powell read the report and asked. that
exhibits relating to the project be in-
eluded- in the record.
. B. Public Testimony
STAFF REPORT
Tigard Planning Commission
December 2, 1975
f" . CPR 4-75
Agenda Item 5.2
COMPREHENSIVE PLAN AMENDMENT
A request by Ralph Peters for an amendment to the Tigard
Conununity Plan of 1971, as amended, to change the land use
designation of a parcel at 9830 SW McKenzie St. from "Urban
Medium Density" to "General Commercial".
STAFF FINDINGS
1. The Tigard Community Plan was amended by Ordinance 75-8,
February 24, 1975, which adopted the N.P.O. #2 Plan insofar as
it is applicable to the planning area known as "NPO ##?_".
This plan identified that area adjacent Pacific Highway as
appropriate for "Highway Oriented Commercial Use". This
constituted a change from "General Commercial." shown on the
Tigard Community Plan, 1971 land use map. That previous
General Commercial node shown was shown in anticipation that
the intersection of Pacific Highway and Walnut would be the
centroid of a major commercial district extending from Fanno
Creek to the vicinity of Garrett/School Street. It was, . at
the same time, projected that the civic center would even-
tually occupy the old Fowler Junior High School site and
that most of the Main St. area would become commercial-
industrial in character.
2. A major concern of N.P.O. #2 was traffic generation on the
minor streets back from the highway. Johnson, Grant and
McKenzie Streets are identified as local streets within the
text of the N.P.O. plan,
3. Surrounding land use is commercial-industrial on the south-
east, adjacent Pacific Highway, apartments on the southwest
to north west, a vacant lot on the north` and a church, school
and residence on the northeast (see attached land use map).
4. There has been no commercial development proposed on any
site off Pacific Hwy. in this area in spite of appropriate
Comprehensive Plan provisions and zoning. There is one
commercial building (grocery) on Walnut, back from the
highway, but Walnut, unlike those streets previously men-
tioned, is a collector-arterial street.
5. McKenzie St. is presently a center strip street without
curbs or sidewalks in a 40 ft. right-of-way. Excess parking
vom the restaurant. on the corner of Pacific Hwy. frequently
has been a problem. and the street has been made "one way" in
order to eliminate a hazardous intersection at its juncture
with Pacific Hwy. -
Jt
page 2
PC Staff Report
Item 5.2
' December 2, 1975
6. Policy 16 of the N.P.O. #2 Plan addresses locational criteria
for multi-family housing and it appears that 'the subject site
conforms with these criteria.
POLICY 16. "Within the Neighborhood, multi-family
development should be located according to the
following locational criteria.
A. Accessibility to arterials
B. - Accessibility by the pedestrian and cyclist
to shopping and employment
C. Availability of open space as a relief to the
higher density living environment"
STAFF RECOMMENDATION
To be presented after public 'testimony
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REASONS FOR REQUL'STEll CHANGE:
L. The subject pi:operty 'was rezoned by,the City Council
on July 14, 1975, from C-3 General Commercial Zone to A-2 Multiple
Family Residential Zone "to bring the City's present zoning snap into
conformance with the N. P. O. PLAN #2, as adopted by the City Council on
February 24, 1975. " It is the contention of the applicant that the
rezoning of the subject' property was not necessary to conform with the
comprehensive plan..: !Therefore, the comprehensive.plan. should be
changed to the extent that the map thereof should show that the subject
property -falls within the general commercial zone:-
2.. �.. The 'applicant received no actual notice that a change...',,
in tale-proposed allowable' uses of his' property was in the 'offing'until
on or about July 5, 1975. The applicant therefore did not have the
opportunity to appear before the persons formulating the plan and make
known his views on the future proposed allowable uses of the property.
Likewise, the applicant did not have the opportunity to appear before
the Planning Commission to make his views known when the plan was
adopted. The applicant's first opportunity to be heard was at the zone -
change hearing, July 14, 1975, before the City Council well after the
plan had been extensively debated, "packaged" and approved by the City
Council. Understandably, the applicant was not able to present a case
to which the City Council was .receptive at that late time in the proceedings.
3. The intent and policies of the Plan would be best carried
out by allowing the proposed amcndment to the map interpreting the text
of the Plan.
4. ORS 227. 240 requires that consideration be given to the
conservation of property values when any diange of allowed uses is
contemplated by a governmental body. The value of the subject property
was adversely affected by the change in the comprehensive plan and the
resulting zone change. This is a matter which should be given serious
consideration.
MINUTES
Tigard Planning Commission
December 2, 1975
T♦,vality Junior High School - Lecture Room
14650 S. W. 97th Avenue, Tigard, Oregon
The meeting was called to order by Vice-Chairman
1. CALL TO ORDER: Porter at 7:32 p.m.
2. ROLL CALL: Present: Nicoli, Sakata, Popp, Porter, Smelser, Wakem;
Absent: - Ems; staff present: Powell and Laws:
3. MINUTES:
o Wakem requested that the minutes of November 25,
1975, be amended to read - Agenda Item 5.3 . shouldCU _
(Michael Fahlman) a C but ,
read: "A sign could be placed on Hall Blvd. ,
it must refer to the entrance on Scoffins St.!'
o Popp requested that agenda item_ 5.4, Vn9-75 (Tuur alatin
Development Co.). that points one (1)
De elopmentincludedCo the conditions for denial of the
variance.
o The minutes were then approved as amended.
4. COMMUNICATIONS: Nation fromthe
man sCommissiion effectiveubmitted his letter 12/l/75.
resig-
nation l2/l/75.
5. PUBLIC HEARINGS
5'.1 AS APPLICANT WAS' NOT PRESENT, ITEM 5.2WAS AS CONSIDERED FIRST.
5.2 COMPREHENSIVE PLAN AMENgp'IENT CPR 1+-75 (Ralph Peters) d
A request by Ralph Peters fotoachangeamendment
land usethe
desTig�on
Comprehensive
Plan (NPO #2)
of a parcel at 9830 SW
McKenzie
(C 3).t. from (tax map y2Slsi-
dential (A-2) to general comm
2BD, tax lot 700) -
A. Staff Report: read by Powell.
B. Applicant Presentation
o Charles McClure, acting as Mr. Peters' legal
counsel, stated the differences of opinion as he
and staff interpreted the Comprehensive Plan.
McClure stated that Peters was not given sufficient
notice of the land use proposal whir m retail
the
existing C-3 to the A-2, that is,
commercial to urban medium density by NPO ,#2
Plan and was also not given an opportunity to
PC Min(_es
Page 2
December 2, 1975
participate in the planning process. McClure
further stated that he doubted that any. of the
properties surrounding the Peters'property
had participated or gave input as to the zoning
designation on those properties; that this site
was not a good site as recommended in Policy 14
of NPO 7#2 Plan for the location of multiple
family dwelling units and also that the site did
not conform to the criteria in Policy 16 of NPO
#2 Plan Text. McClure stated that Peters' proper-
appeared to be the only property singled out as
being different from surrounding property and_. ...
that the Planning Commission was obligated by '
statute to consider "the conservation of property
values".= Ile further stated that he 'saw the':' .•_
Comprehensive Plan` revision' as being' one. of a'
legislative decision and, thereforei_ the Commission,.
acting as a legislative body,. could' vote to change
the plan.
C. Public Testimony
o Fred Parrish, NPO #2, stated the position of
the NPO and the intent of the plan as it applied
to -L-},is site. He stated that traffic generation
was a major consideration in determining the types
of land uses for this site and that commercial
use would be contrary to the intent of that land
use designation.
o Parrish, in response to earlier remarks by the
applicant, stated that the public had had
sufficient opportunity to participate in the
planning process. He stated that general office
office space use, perhaps, could be compatible
with this area location if it generated small
amounts of traffic.
o Popp asked the applicant if he had any immediate
plans to develop the land.
o Applicant responded that he had none at this time.
D. Staff Recommendation
Staff recommended denial based on the finding that
the Plan' Tfap conforms to the policies of the NPO
Plan Text and that no faulty logic or mistake was
made in designating this site.
' PC Minutes
Page 3
December 2, 1975
E. Rebuttal
o McClure stated that at an earlier meeting, at a
time at which theNPO lannin2 Plan was bhadgstateded ,
Dick Bolen, the planning director, had .
stated
this was a "gray area".
o McClure reiterated his earlier points, stating
he did not see multiple dwelling units being the
best use of this land.
F. Commission Discussion and Action
o Popp asked the staff if this hearing was con-
- . sidering only a Comprehensive Plan revision and
not a' zone change.--".
o Staff responded affirmatively.
o Sakata stated' -that she felt that more background
information was needed before a Comprehensive
Plan revision could take place, or at least be
acted upon by the Planning Commission.
o Porter stated that the economic factor raised by
the applicant was a legitimate point and that
commercial-professional use would be a better
land use proposal than C-3 because of -the lower
traffic generation and that he would go along
with a commercial-residential land use desig-
nation.
o Smelser stated that he supported staff's recom-
mendation for denial.
o Moore stated that C-3 usage could allow high
intensity uses and thus have a negative effect
on the surrounding properties.
o Popp stated that he was aprehensive about amend-
ing the Comprehensive Plan and questioned the
construction of additional apartments in this
area and looked more favorably upon a commercial-
professional use.
o Nicoli: concurred with Popp concerning the con-
structing of additional apartments in this area.
o Popp made a motion to amend the Neighborhood Plan,
`1 changing the designation of that parcel from
urban medium density to commercial-professional.
PC Minutes
Page 4
December 2, 1975
o Smelser stated that the applicant had requested
a change in the Comprehensive Plan and not a
zone change.
o Nicoli seconded the motion.
o Moore stated that the applicant had not had an
opportunity to state his position on Mr. Popp's
motion. .
o McClure responded for the applicant that this may
be a case._ 'spot zoning". _
o Nicoli asked if restrictions or conditions could
be placed on the C-3 zone:-.-? .
o Porter responded that the Comprehensive Plan could
be worded so as to discourage uses which are high
volume traffic generators.
o McClure stated that the recommendation in Popp's
motion would be all right with his client.
o Motion passed 4 to 3. Yes: Nicoli, Popp, Porter,.
Sakata; No: Moore, Smelser, Wakem.
o Wakem stated that he was extremely distressed by
the method in which the hearing was conducted and
the decision that was reached.
o Sakata stated that she was concerned about Nicoli.'s
participation in the hearing and (that it appeared
that a conflict of interest was present) .
o Nicoli stated that he felt that he had no conflict
of interest.
o Popp stated that we all have interests in these
matters and that there was no conflict of interest,
in his opinion.
o Porter felt that when there is a direct relation-
ship between a Planning Commission member and
an applicant, he or she should not sit in on the
hearing:
o Nicoli stated that he :vas not s:vayed in his vote.