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City Council Packet - 06/17/1974 ar/� Dawe TIGARD CITY COUNCIL STUDY SESSION JUNE 17, 1974, 7930 P.M. 1 ROLL CALLs Presents Mayor Floyd H. Bergmann; Councilmen Robert C. Moore, John E. Cook, J, Allan Paterson, Fred A. Anderson, Legal Counsel; Russel F. Austin, Building official; Winslow C. Brooks, City Planner; Bruce P. Clark, CityAdministrator; Dori*-Hartig,`City Recorder; R B. Adams, Chief of Police; Nick Hiebert, Director of Public Works. 2. GARBAGE AND TRASH FRANCHISE'RATES = Discussion City Administ,:ator distributed schedule of franchisee's proposed rates as well as staff recommendation for:rate increase. Council, staff and representatives from Miller's Sanitary Service and Frank's Sanitary Service discussed at length the various aspects of,their service and the need for a rate increase. Motion by Councilman Cook to table matter until next Council meeting; Moore seconded. .' Approved by unanimous vote of Council present. 3. BUILDING AND SEWER;PERMIT ALLOCATIONS (a) Allocation Policy Discussions' City'staff reported an annexation petition has b9an received from several residents in the area of S.W. 115th'and'North Dakota Streets. Council discussed acceptance of petition And non-remonstrance agreement for formation of a street improvement district and annexations in exchange for sewer connections. With the limited number of'sewer permits available Council requested staff bring back recommendation to next meeting for;reallocation of sewer permits,and that the annexation petition be presented to the Boundary Review Commission for consideration. (b) Resolution to Unified Sewerage Agency, Council revievaed rough draft of resolution and requested Legal Counsel and City Administrator make'appropriate changes and have on agenda for next Council`me®ting. 4. STREETS AM ROADS - Status (a) S.W. 113th Avenue Director of Public Work& reported the Water Department was completing their work and the contractor was expected to start work on the atreet improvement this week. The City has received a petition signed by all but one property owner requesting the deletion of the sidewalk on the west side of 115th and that all have sibned an agreement for'undergrounding of P.G.E. lines. Attorney Anderson commented, as long as there was no dissatisfaction from the property owners regarding the deletion of the sidewalk, that Council could issue a change work order persuant to the property owners request. (b) S.W. Commercial Street Director of Public Works has scheduled a meeting to review the plans with property owners this week and will report back to Council. (c) S.W. Hunzikar Street No now developments to report. (d) S.W. 72nd Avenue Director of Public Works stated a meeting has been scheduled by Mr. Fletcher with the property owners from S.W, Highway 217 to Bonita Road to review plans for improvement. (e) Walnut Street Realignment Councilman Moore reported he has scheduled a meeting with the property owner and will report back to Council. 5. FOWLER SITE City Administratorreported no new developments. ` -.6. AMENDMENT TO U.B.C,'BUILDING CODE Council, staff and Attorney Anderson discussed proposed ordinance which adopts the Uniform Building,Code as amended by the State of Oregon.' Council concurred with suggested amendments and directed the appropriate eirdinance be prepared for next Council meeting. 7. FLOOD PLAIN ORDINANCE City Planner stated the Planning Commission has rejected the proposed interim 2 year moratorium until the flood plain ordinance could be adopted. ;Council and staff discussed various ordinances as adopted in other areas and the requirement of a hydrologist engineer to`approve land fills. The Planning Commission will discuss on Tuesday* June 18th and staff will report back to Council. 8. PARK BOARD AND PLANNING COMMISSION VACANCIES City Administrator was requested to report back to Council at next meeting with recommendationsforfilling vacancies. 9. ANNEXATION PETITIONS In addition to the above mentioned annexation petition on S.W. 115th and North Dakota staff has received three other petitions in the areas of S.W. McDonald and Hall, S.W. 97th and Barnum Park Subdivision. Council requested appropriate resolutions be prepared for an ensuing Council meeting for forwarding to the Boundary Review Commission for coa{aideration. 10,. S.W. VILLA RIDGE "NO PARKING" RESOLUTION Director of Public'Works stated he had contacted the State Highway Department regarding: the'placement of "no.parking"signs North of S.W. 72nd to S.W. 'Pacific Highway;on Villa Ridge Road, The State Highway Department 1s requesting appropriate resolution be'psepared requesting the restriction in a manner similar to that requested for a portion of Hall Blvd. 11. OTHER Mayor Bergmann discussed with Council the calling of a special meeting for June 21, Friday, at 4800 P.M. to canvass the results of the June 20th election. Council concurred with that date. City Administrator read rough draft of resolution as proposed by cities in Washington County. Resolution would request Washington County Commissioners to appoint an advisory board to study what is needed for Washington County road construction and alternatives to fund the improvements. Council concurred with resolution and will consider at next Conteril meeting. Mayor Bergmann reported on meeting regarding CRAG budget. CRAG members recommended a 370 assessment per person and requested their staff to prepare a budget on that basis. In response to a newspaper article in the Tigard Times regarding the calling of a special meeting, Mayor Bergmann wished to make it a matter of record that he took full responsibility for calling of the special meeting May 30, 1974, Attorney nA erson also responded to comments in the paper and wished to make it a matter of r»cord that he was requested to attend the meeting and that he works for the City on a contractual basis. Meeting adjourned at'10s10 P.M. 'xL ATTEST Cit ecorder � Cr Mayor PAGE 2 - COUNCIL MINUTES - June 17, 1974 s TIGARD CITY COUNCIL MEETING JUNE 17, 1974 EXCERPT FROM SAID MEETING Mayor Bergmmannt I have one other item that I would like to bring up and make a matter of record and that is in reference in the Tigard Times in the last couple of issues both by newspaper staff and by letter that there was some inference that our City Attorney was not doing his. proper job.' :I called that,special meeting to canvass' the election returns from the budget_election. In doing so I felt I was complying''with the City Charter. The newspaper took exception;and said that the state public meeting` law required a minimum of 24 hours notice for that meeting, but anyway, I take full responsibility for it. 'Fred, do you have anything to say? Attorney Anderson: Well, yes, I.have afew little comments. Iwould like the record to show, is the recorder on? City Planners Yes. Attorney Anderson: Okay, and I'assume that this meeting is legally called? Mayor Bergmann: This meeting? Yes. Attorney Anderson: Because I'm here. I.was called toattend that meeting at 4:00 P.M. that afternoon and of course in my fumbling around, I assumed that it was a legally called meeting„so when I'reported at 7:30 I had no misgivings'about my having missed in any responsibility whatever. ' I didn't even know that there was any problem until I read Mr.`Donnelly's very able dissertation and I want to dispel any;outlook that may exist that I prompted the notoriety and unwarranted attack upon my professional capacity in performance with the City. _I did not. I"don't necessarily like publicity of this kind, or any publicity, but I might mention to;you gentlemen that Mr. Connelly, or Mr. Donnelly found it desirable to tali me a-few times on the telephone when he felt I could aid him in clarifying some'statute'or something in considering his research into other bodies affairs and I very willingly accommodated him. Then "my friend" Bill Heppner brings"to him the letter I wrote to the bar in response to the charge that I had a conflict of interest and although;that was settled in March' of this year, andsHeppner got a copy then, and so did McClure, and I<was wholly exonerated. I find that in payment for my assistance to Mr. Donnelly he doesn't bother to ring my up about this or about the meeting, but he immediately infused my professional capacity, my professional standing and everything else without so much as a,telephone call. He says he tried to call me, but I keep a docket, or my receptionist has a duty to keep a docket, he didn't announce that he had called to have me call him back and with a matter of such urgency as a March 7 letter he forthwith puts me on the pan, not only does he say in effect that I am misrepresenting things, but he wants to know what the rules of the game are, the game I play. Now anybody that has been around the legal fraternity very Long, knows that lawyers as a general rule are independent contractors unless they are on the payroll. Mr. Donnelly didn't know that. Not only that, but lie ascribes to me in effect the responsibility for this bad meeting, which he feels transgressed the sacred statutes of Oregon, because I was there, he didn't ask me about that either. Then he recruits Mr. Meier to write a letter and it is not enough that Meier insults me due to my professional capacity, committs defamatory statements, but Mr. Donnelly has to embellish it by adding the headline "change is overdue". So, gentlemen, if there is any change overdue as you see it, I am still only an independent contractor. You can get a new contractor as Mr. Meier tells you, but since I wasn't involved in this meeting, other than being invited to attend, maybe he is wrong about my not knowing the tools of the trade. But I am a little bit wondering if Mr. Donnelly is minded to professionally disenfranchise me by slander and defamation and I want this meeting to show that very definitely that I had nothing to do with calling this so called unauthorized meeting, because I may get around to where I may want to do something about this if there is any more of this tripe passed my way. I just wanted you gentlemen to know my feelings In the matter and any time that you feel that I am not doing my job or I have talked too much at the meetings other than tonight, you can get another independent contractor, and that's about all I have to say and I would like to have a copy of the recording.