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City Council Packet - 05/12/1980 TIGARD CITY COUNCIL REGULAR MEETING ,AY 12, 1980, 7:30 P.M. FOWLER JUNIOR HIGH SCHOOL LECTURE ROOM NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME ON THE APPROPRIATE SIGN-UP SHEET(S) LOCATED AT THE BACK OF THE ROOM. PERSONS DESIRING TO SPEAK WILL THEN BE CALLED FORWARD BY THE CHAIR TO SPEAK ON THE INDICATED ITEM(S). 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 and 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 will be considered separately.) (a) Approval of Minutes: April 28 and May 5, 1980- ti (b) Approval of Expenditures and Investments: $155_-=149-=--03 a c (c) CONSENT COVENANT - Receive and Approve (for Street Improvements) r Oregon:Office/Industrial Park SDR 26-78 Studio Estates SDR 13-79 (d) Ratify Council action from May 5, 1980 meeting. (Item approved) Resolution No. 80-37 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN GAARDE PARK ; PLACE SUBDIVISION, SUBJECT TO THEREIN SPECIFIED CONDITIONS. (e) RESOLUTION No. 80-38 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE - PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN TANGELA SUBDIVISION AND AUTHORIZING RELEASE OF THE MAINTENANCE BOND THEREFORE. 6. 72ND .AVENUE INTERCHANGE - FINAL ENVIRONMENTAI. ASSESSMENT - Ron Kleinschmidt (a) Report by Oregon Department of Transportation (ODO'T). 7, RESOLUTION No. 80- A RESOLUTION OF THE TIGARD CITY COUNCIL REQUESTING AN ANNEXATION PETITION BE FORWARDED TO THE BOUNDARY REVIEW - E(SHORT TITLE - HALL BLVD. BAPTIST). (a) Recommendation of Planning Director. 8. RESOLUTION No. 80_ A RESOLUTION OF THE TIGARD CITY COUNCIL REQUESTINGAN ANNEXATION PETITION BE FORWARDED TO THE BOUNDARY REVIEW° } COMMISSION. (SNORT TITLE -;VALENZUELA). (a) Recommendation of Planning Director. ' 8:00 P.M. PUBLIC NOTICE ), ZONE CHANGE PLANNED DEVELOPMENT, ZC PI) 3-80-Park 217 Business Center. NPO #5 A,request by Trammell Crow Company for a major change request at the General Plan and Program Review request level maintaining the City of Tigard C-3 PD "General Commercial Planned Development" and M-3PD "Light Industrial Planned Development"zones on a total area of 20.6 acres located at 150 feet south of Pacific Highway on the east side of SW Garden Place and 572 feet south of Pacific Highway on the east side of S.W. Hall Blvd. (Wash. Co. Tax Map 2S1 IBB, Tax Lots 200, 300, 800, 1100, 1101, and 1200) . (a) Recommendation of Planning Commission. (b) Consideration by Council. (c) ORDINANCE No. 80--� AN ORDINANCE AMENDING ORDINANCE No. 78-77 CONCERNING PARK 217, REPEALING ALL CONDITIONS IN SECTION 2 AND DECLARING AN EMERGENCY. 10. ORDINANCE No. 80- AN ORDINANCE ESTABLISHING MAXIMUM RATE FOR LOCAL IMPROVEMENTS FINANCED PURSUANT TO BANCROFT BONDING ACT. (a) Recommendation of Legal Counsel. 11. RESOLUTION No. 80- RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVELENTS CONSTRUCTED WITHIN KERWOOD ESTATES SUBDIVISION, SUBJECT TO HEREIN SPECIFIED CONDITIONS. (a) Recommendation of Director of Public Works. 12. SPEED ZONE CHANGE REQUEST - S.W. 121st Avenue (a) Reconunendations of Chief of Police and Director of Public Works. 13. PROGRESS PAYMENT - SUIMMERHILLS SANITARY SEWER LID (Dales Sand & Gravel $79,186.95) (a) Recommendation of Director. of Public Works. 14. OTHER (a) 116th Avenue Vacation Request Director of 'Public Works. 15. EXECUTIVE SESSION -Under provisions of O.R.S. 192.660 (2)(a) to discuss TPOA labor negotiations'. 16. ADJOURNMENT j PAGE 2 - COUNCIL AGENDA - MAY 12, 1980 4� S' r T I G A R D C I T Y C O U N C I L REGULAR MEETING MINUTES - MAY 12, 1980 - 7:30 Y.M. 1. ROLL CALL: Present: Mayor Alan Mickelson; Councilmen Toni Brian, John Cook, Kenneth W. Scheckla; Councilwoman Nancie Stimler; Legal Counsel, Joe Bailey; City Administrator, R.R. Barker; Public Works Director, Frank Currie; City Recorder/Finance Director, Doris Har.tig; Planning Director, Aldace Howard; Research & Development Assistant, Martha McLennan. 2. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS. (a) J.B. Bishop, Main Street Development Limited, referred to a letter from the City Attorney to his lawyer and himself. Legal Counsel stated that ` as Council was unaware of the contents of the letter, it was inappropriate to discuss at this time. Mr. Bishop apologized and asked Council to con- firm that they will consider whether or not to hear the appeal at next week's meeting. Mayor stated that that was possible. 3. APPROVAL OF MINUTES: April 28 and May 5,1980. (a) Motion by Councilman Brian, seconded by Councilman Scheckla to approve. Approved by unanimous vote of Council. 4. APPROVAL OF EXPENDITURES AND INVESTMENTS: $155,149.03 (a) Motion by Councilman Brian, seconded by Councilman Scheckla to approve. Approved by unanimous vote of Council. 5. CONSENT COVENANT —RECEIVE & APPROVE (for Street Improvements) . 'Oregon Office/Industrial Park SDR 26-78 Studio Estates SDR 13-79 (a) Motion by Councilman Brian, seconded by Councilman Scheckla to approve. Approved by unanimous vote of Council. ° t9 6. RATIFY COUNCIL ACTION FROM MAY 5, 1980, MEETING RESOLUTION NO. 80-37 RESOLUTION OF THE TIGARD CITY COUNCILACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN GAARDE PARK PLACE SUBDIVISION, SUBJECT TO THEREIN SPECIFIED CON- DITIONS-: (a) Motion by Councilman Brian, seconded by Councilman Scheckla to ratify. Ratified by unanimous vote of Council. RESOLUTION NO. 80-38 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE ., PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN TANGELA f SUBDIVISION AND AUTHORIZING RELEASE OF THE MAINTENANCE BOND. (a) Motion by Councilman Brian to approve, seconded by Councilman Scheckla. Approved by unanimous vote of Council. 7. 72ND AVENUE INTERCHANGE - FINAL ENVIRONMENTAL ASSESSMENT (a) city Administratorthe Transeato the noisereceived impacts.tYlIt Oregon Department portation speakingfor noise mitigation stated that the State would not be willing pay the State would for the school, but that if the City were willing, cooperate in obtaining the Federal Funds. (b) Council discussed the noise mitigation problem fand tsuggisted ioat but the School District be allowed to comment and pay that the City was not willing to. (c) Ron Kleinschmidt, Oregon Department of Transportation, requested that a letter informing them of final City and School District decisions on the noise mitigation be sent as soon as possible. (d') On another malrer, City Recorder, reported that a request had been made to explore the possiM11iK1einschmidty of tisuggested thatwork thisthe shouldnins (after begnegotiated the rush hour) . through the Engineer and Contractor. UNCIL RE AN 8, RESOLUTION NO. 80-39 A RESOL ECTION PEOTITION BEG FORWARDED CQTO THE BQIINDARYNREVIEW ANN COMMISSION (SHORT TITLE: HALL BLVD. BAPTIST). ati ex (a) Planning Director u elaie�dhait � anR-Sthis azone s a f(for our achurch cre nuse).o['Hepwent ng for a`conditional P recommended on,to say that construction was not projected for two years. He approval. ¢ (b) Motion by Councilman Brian, seconded by Councilwoman Stimler to approve. Approved by unanimous vote of Council. TY CILAN 9, ; RESOLUTION NO. 80-0-40 ;A RESOLUTION OF THE TIGARDFORClDEDCOUONTHE BOUNDARYNREVIEW ANN COMMISSION (SHORT TITLE: VALF.NZUELA). dthis a one in the (a) Planning Direcor repthattheapetitionawas in tiatednsoxthatlot aneationthe property "island". _ Hestated owner might participate in the McDonald Street LID. He recommended approval. (b) Motion by Councilman Cook, seconded by Councilwoman Stimler to approve. Approved by unanimous vote of Council. t PAGE 2 - REGULAR MEETING COUNCIL MINUTES - May 12`, 1980 _ 1 10. ORDINANCE NO. 80-37 AN ORDINANCE ESTABLISHING MAXIMUM RATE FOR LOCAL IMPROVE- MENTS FINANCED PURSUANT TO BANCROPT BONDING ACT. (a) Legal. Coun�zel, referring to a previous Council discussion of this issue, reported that due to an oversight by the Legislature one of the references to the interest limit of Bancroft Bonds had not been amended upwards from 6% to 10%. This Ordinance would make that amendment for the City. He went on to say that the firm who handles our bonds has had legal review of the Ordinance and recommended approval, (b) Motion by Councilman Cook, seconded by Councilman Scheckla to approve. Approved by unanimous vote of Council. 11. ZONE CHANGE PLANNED DEVELOPMENT, ZCPD 3-80 Park 217 Business Center NPO #5 A request by Trammell Crow Company for a major change request at the General Plan and Program Review request level maintaining the'City of Tigard C-3 PD NN "General Commercial Planned Development" and M-3PD "Light Industrial Planned Deve"lopment" zones on a total area of 20.6 acres located at 150 feet south of Pacific Highway on the east side of S.W. Garden Place and 572 .feet south of Pacific Highway on the east side of S.W. Hall Blvd. (Wash. Co. Tax Map 2S1 IBB, Tax Lots 200, 300, 800, 1100, 1101, and 1200). (a) Planning Director explained that this had been previously approved and then the land had changed ownership. Due to the length of time since the previous conditions had been established several policy changes and particular concerns dictated that the zone change be re-affirmed with new standard conditions and particular emphasis placed on floodplain and traffic flow/parking concerns. He concluded by saying that the new conditions were more inclusive and recommended approval. (b) , Councilman Scheckla, noting that it would simplify consideration, requested that in future issues of this kind Council be provided with the 'old version for comparison. (c) ORDINANCE NO. 80-38 AN ORDINANCE AMENDING ORDINANCE NO. 78-77 CONCERNING PARK 217, REPEALING ALL CONDITIONS IN SECTION 2`AND DECLARING AN EMERGENCY. Motion by Councilman Cook, seconded by Councilman Brian to approve. Approved by, unanimous vote of Council. 12. RESOLUTION NO= 80-41 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN KERWOOD_ESTATES SUBDIVISION, SUBJECT TO HEREIN SPECIFIED CONDITIONS. (a) Public Works Director indicated that he had been prepared to recommend approval, but as such citizen concern was shown he would withhold recommenda- tion until after public testimony was taken. ` PAGE 3 - REGULAR MEETING COUNCIL MINUTES - May 12 1880 5 1 (b) Kermit Carlisle, Rt 3, Box 278M, Sherwood, Oregon, developer, stated that this request for release of the performance bond had been submitted three months ago. He also indicated that approval was obtained from the inspector. He explained that there had been some confusion regarding landscaping, but felt that the maintenance bond would suffice for such a minimal amount of. work. He requested Council approval. (c) Bob Bolinger, 105920 S.W. Serena Court, addressed Council regarding the problems over the burm. He asked for clarification regarding the require- ment of the burm and the landscaping specification. He further indicated that Fie had been told that this would be corrected long ago, and wondered if the release of the performance bond and adoption of the maintenance bond would only allow the developer to delay another year before taking corrective action. (d) Pat Olson, 15785 S.W. Serena Court, presented to Council a petition from all property owners in Kerwood Estates expressing their concern that the burm be completed. She felt that to release the bond would substantially reduce the owner's leverage to effect the needed work. (e) Mike Beesher, 9898 S.W. Kimberly, read several letters from City staff regarding this project (dated, 7/11/77, 5/29/79, 7/12/79, and 10/17/79). He noted the confusion regarding the existence and/or requirement for the burm and also detailed several other discrepancies between original plans and final construction. He asked for clarification from Council: Is the burm required? and if so, what are the landscape requirements? He concluded by urging staff to investigate inconsistencies of this project prior to releasing the bond. (f) Ray DeSilva, 15880 S.W. Serena Court, stated that he along with other owners Serena Court had been informed that it was a public street. He now comes to .discover that it is not. (g) City Administrator pointed out that land sales are susceptible to fraud,_ but it is neither the responsibility nor within the capacity of the City' to insure that realtors portray properties honestly. He went on to say that we do make all necessary information available to any who request it. (h) Planning Director requested that Council delay the release of the bond until further investigation could be conducted. (i) Public Works Director, noting that problems between the developer and property owners were evident, recommended that further consideration be k given to this issue. He did note that performance bonds had been released with more incomplete work than in this project, and suggested Q that a landscape performance bond might be a-solution. (j), Motion by Councilman Scheckla, seconded by Councilman Cook to table until next week. Tabled by unanimous vote of Council. s PAGE 4 - REGULAR MEETING COUNCIL MINUTES - May 12, 1980 1 13. SPEED ZONE CHANGE REQUEST - S.W. 112th Avenue (a) Public Works Director, referring to the memo from staff and diagrams, recommended approval of Council to request consideration by the State Speed Control Board for this speed limit reduction. He reported that the Chief of Police concurred with his recommendation. (b) Council expressed concern over the responsiveness of the County towards this kind of action, noting that County cooperation would be essential to the State Speed Control Board decision. They recommended that the Public Works Director investigate previous situations of this nature and try to work out an agreement with Washington County. (c) Public Works Director stated that he would conduct research and report back to Council, 14. PROGRESS PAYMENT - SUMMERHILLS SANITARY SEWER LID (Dales Sand & Gravel - $79,186.95) (a) Public Works Director reported that this request represented 907 payment; noted that the project work is near completion; and recommended approval. (b) Motion by Councilman Cook, .seconded by Councilman Scheckla to approve. Approved by unanimous vote of Council. 15. OTHER (a) City Administrator reported that all annual reports had been distributed. (b) Public Works Director stated that he had prepared an Ordinance prohibiting parking on Hall between Knoll and 99W in conjunction with the Park 217 project. Council felt that it was too early in the project to take formal action. (c) Public Works Director recommended a partial release of a performance „.n bond for. Bellwood ,#3, in the amount of $90,919.1 for storm drainage " and sewer work. Motion by Councilman Cook, seconded by Councilman Brian to approve. Approved by unanimous vote of Council. (d) Public Works Director reported that a pump had been located for Cook Park at a price of $3,500. He stated ,that this was an exceptional_price and requested authorization to purchase it out of this year's capital budget. Motion by Councilman Cook, seconded by Councilwoman Stimler to,authorize purchase of a pimp for Cook Park at the price of $3,500. ' He stated that this was an exceptional price and requested authorization to purchase it out of this year's capital budget t PAGE 5 - REGULAR MEETING COUNCIL' MINUTES - May I2 1980 S Motion by CouncilmafCook, seconded by Counhe cilwoman Stie of mler to authorize purchase or a pump Approved by unanimous vote of Council. been (e) Public Works Directorrep eenrKatherted ineaand cTtgalydhStreets (crossingSummer requested on 116 that this should not be vacated Creek). He stated that it was his feeling and requested direction from Council before recommending that the property owner formally file for vacation. Consensus of Council was that they would not agree to grant this vacation. REGULAR MEETING ADJOURNED: 9:10 P.M- EXECUTIVE SESSION CONVENED* 9:25 P.M. to discuss Under provisions of ORS 192,660 (2) (a) Council met in Executive Session TPOA labor negotiations. EXECUTIVE SESSION ADJOURNED: 9:50 P.M. REGULAR MEETING RECONVENED: 9:51 P.M. ed by Councilman Cook to reject the TPOA proposal Motion by Councilman Brian, second of. May 8, 1980. Proposal rejected by unanimous vote of Council. REGULAR MEETING ADJOURNED: 9:25 F.M. l r - -- City ,Recorder ATTEST: PAGE 6 - REGULAR MEETING COUNCIL MINUTES - May 12, 1980 e PAYMENT OF BILLS FOR COUNCIL APPROVAL tt PROGRAM BUDGET April 30, 1980 Community Protection Police 7,248.87 i Public Works 1,118.62 Municipal Court 289.61 Planning 700.28 Building 527.76 Total Community Protection 9,885.14 Home & Community Quality Public Works 12,074.08 Social Services Library 2,259.70 Aged Services Youth Services Historical Total Social Services 2,259.70 Policy & Administration Mayor & Council 96.55 Administration 376.65 Finance 1,340.95 Total Policy & Administration 1,814.15 City Wide Support Functions T Non-departmental 8,688.64 Misc. Accounts (refunds & payroll deductions, etc.) 20,589.91 CAPITOL BUDGET Community Protections Road Acquisition & Dev. Parks Acquisition & Dev. 3,451.50 Storm Drainage 6;`509.87 Total Community Protection 9,961.37 Support Services Building Improvements DEBT SERVICE General Obligation Bond 19 815.06 �. Bancroft Bond 3 UNIFIED SEWERAGE AGENCY Contract 70,060.98 TOTAL AMOUNT OF CHECKS WRITTEN 155,149.03 { e t V Z 4 METROPOLITAN BRANCH vlczcsa nnve" 5821 N.E. GLISAN, PORTLAND, OREGON)97213 �E Telephone 238-7437 May 5, 1980 In Reply Refer to Fite No. Raeldon Barker, Administrator 134-1946 City of Tigard 12420 S.W. Main Street Tigard, OR 97223 Subject: S.W. 72nd Avenue Interchange Final Environmental Assessment Dear Ray: The Oregon Department of Transportation has nearly completed the Final Environmental Assessment on the S.W. 72nd Avenue Interchange project. In conjunction with the finalization of the document, ODOT has reviewed the traffic data in response to your request per Resolution 80-07. The new traffic counts showed that all links with the exception of Highway 217 are in agreement with MSD projections. The new counts on Highway 217 indicate the traffic projection for 1996 in the DEIS is low. Using the new traffic projections, the "worst case" noise levels 'did not change. Since the new data confirms the original study, no additional analysis will be performed. A question still remains as to possible mitigation of noise 'impacts to the baseball field area of the school district property. Our administration doesnot recommend mitigation of this receptor since interior noise levels are not;predicted to be above FHWA interior design_noise levels. Therefore, ODOT could not provide matching funds. As stated in the draft noise study report, if the school district or the City of Tigard feels that the noise mitigation for the school district is warranted, and would be willing to provide the local matching funds, ODOT Mould reconsider` federal funding. It is anticipated that the local match for the noise mitigation would range from $25,000 to $30,000. fi f n. a a R. J. Kleinschmit May; 5, 1980 page 2 Before the final noise study report can be completed, we need to know the final decision on all noise mitigation issues. Hopefully we can conclude this process in a few weeks. Please feel free to call me if you have any questions. Ron Kleinschmit Project Coordinator RJK:P cc: D. R. Adams G. A. Potter A. E. George D. L. lei l ber } k k N E>. 9 p�. ¢k3[ i. 1 <._ e_4� Tv RECEIVED APR 2 J1980 (503) 6 39-3 10 1 CITY Of TIGARD TUALATIN DEVELOPMENT CO., INC. 15300 S. W. 116th Avenue TIGARD, OREGON 97223 April 23, 1980 City of Tigard City Council 12420 SW Main Tigard, Oregon: 97223 RE: Studio Estates Subdivision - A Portion of Summerfield Gentlemen: I am requesting a waiver of the provision for M.C. 17.09.010 and 17.06.120, relating to bonding and compliance agreement for sub-- divisions because all public utilities are presently available and no public works construction is required. Sincerely, TUAIATIN DEVB fOPIMENT CO., INC. ;01YJro'n Vice resident RB/jl cc: Aldie Howard, Planning Director Frank Currie, Public Works Director ,Kpril 27, 1930 R the rO eTtl L _!t?I' of ..far-,cod }..est .te.s Mderstand rLhat mw,ies L-ve been sot a-side e to lvndscn,Q property at the entrance 0) the T.erwood Estates Subdivision bordering Durham Pond <.nd ,:crena Court. It is cur taiderste nd—rig that the developer must complete this project before :)ur sulbdi,Asion be r-,pproved by the City of `i'ig_:rd, ;`re hereby &r-, th. t the City Council :ct immediately and tz-.,',,e aporoprirte action to correct t ALs )roolew. A TO r 1 Y C/ r m _ Continued,° Pa gp 2 bD kx _ imv To UAV i ti t. W—Gt�T_.t -- f y ✓- _ � -.Sly ��'��..=�,r� ..�._. fi r X r i i 4 DLinL I } gin 11 F. s- - - - � jlir ; 1 r c C) CN C r.. N 6 my M P4 Gw :.a :D p4j � 4j M as o ro C.. n ria a n W41 E-4 � CLQ E im co N pa F:r 00 Q u^'1 N n N IN q N CD4j O 00 L:I QQjj W coW cy d� E-4 '4 O Gc O —1 6u td � la v] M 04 co N N CO H LrJ P4 W enw 14 (V ca 4 0 x -- C4 N Eli W j O O ! O U PN u m cct _ w as a ° :' o ,�, cn ,o v d n 0 - C14 O En co tit' arJ a MINIX