City Council Packet - 11/21/1977 }
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TIGARD CITY COUNCIL
STUDY SESSION AGENDA
NOVEMBER 21, 1977, 7:30 P.M.
CHARLES F. TIGARD
ADMIN. BOARD ROOM
1. CALL TO ORDER
2. ROLL CALL
3. PARK BOARD - Status Report On Activities
4. APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS - Trailer for Sewer T.V.
Cleaning and Repair System.
5. PRELIMINARY REVIEW - Ordinance Prohibiting Riding and Leading Animals
on Sidewalks.
6. PRELIMINARY REVIEW - Ordinance Prohibiting Obstruction of Streets.
7. PRELIMINARY REVIEW -..Ordinance Providing For Removal of Improperly
Parked Vehicles.
8. SELECTION COMMITTEE PROCEDURES - Discussion j
(a) Requested by Councilman Mickelson. �
9. DISCUSSION - of need for a resolution stating official appointment,
salary, terms of employment for new City Administrator.
(a) Requested by the Mayor.
10. DISCUSSION - of need for a resolution with conditions of fees and
charges and designation of the City's legal counsel as of July 1, 1975.
(a) Requested by the Mayor.
11. DISCUSSION - of;:need for ordinance establishing residency requirements
for certain full time administrative personnel and officers of the
City of Tigard.
(a) Requested by the Mayor.
12. SET DATE - for Council action on supplemental budget to provide funds
requested by Tigard Community Youth Services, Inc. prior to January
1, 1978 in accordance with the favorable vote of Tigard citizens on
November 8, 1977.
(a) Requested by the Mayor.
13. OTHER - Schedule of December meetings.
14. ADJOURNMENT
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TIGARD CITY COUNCIL
STUDY SESSION MINUTES
NOVEMBER 21, 1977, 7:30 P.M.
. CHARLES F. TIGARD SCHOOL - ADMINISTRATIVE BOARD ROOM
1. ROLL CALL: PRESENT: Mayor Wilbur A. Bishop; Councilmen John E. Cook,
Alan W. Mickelson, Kenneth W. Scheckla, Lynn R. Wakem,
R. B. Adams, Chief of Police; Ben Altman, Associate. Planner;
J. D. Bailey, Legal Counsel; Doris Hartig, City Recorder;
Aldace Howard, Administrative Aide; Claire Mead, Public Work;
Program Coordinator.
MEMBERS OF THE TIGARD PARK BOARD PRESENT: Fred Cooper, Chair-
man; Mary Payne, Larry King, Bob Bellinger, Phil Hirl, Jerry
Deas.
2. PARK BOARD REPORT TO COUNCIL
(a) Chairman Fred Cooper made a presentation to Council
concern in,
activities and programs of the Park Board. There are three vacancies
on the eleven-man board at Lhis time, and Cooper requested that efforts
be made to fill these positions. The Park and Open Space Report has
been completed. A "User Fee Ordinance" is being prepared for st-IL-mission
to Council in January, 1978. A "Vegetation Preservation" ordinance is
also being worked on at the present time. Park site priorities are
being drawn up for the two divisions within the City, Northwest of
Pacific Hwy., and Southeast of Pacific Hwy. An area at 1.21st end
Katherine, plus one area in the Fanno Creek and Bonita Road are being
considered. Further acquisition for the Cook Park location i.�, under
consideration. The present status of. the B.0>R. grants for park
improvement was discussed. There is a need for soccer field develop-
ment immediately, as the Tigard Soccer Association will not he able
to use school fields next season. There are approximately 1 ,000 vour,g
People involved in the soccer program in the City and they will need
space.
Councilman Scheckla, Mayor Bishop and Councilman Mickelson questioned
the board on attendance at meetings, vacancies on the board and
efforts to fill those vacancies. Councilman Cook suggested that a
study be initiated concerning the use of wastewater frorr the Durham
Plant for irrigation of the playing fields. Mr. Cooper reported that
initial contacts with USA (Unified Sewerage Agency), had been made and
the possibilities have been discussed. The granting of an easement l;y
the City to USA was recognized as a valuable tool in negotiations, and
it was suggested by Councilman Cook to include two stub-outs for
sanitary sewer connections to existing and proposed restroe•r, facilities.
The Board is to draw up a list of suggested requests when City draws
up easement with USA.
Mayor Bishop questioned Phase II of the Cook Park Development, and
questioned if Council adopted the plans. It was suggested that this
issue be clarified by the Park Boark and City Staff. Councilman
Cook suggested that a concept plan be prepared with appropriate
drawings for future applications for grants. It was stressed that
applications should be made for fiscal year 1978-1979 and that
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action should commence now. Board and staff are to review the status
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of applications and report back to Council as soon as possible.
Mayor Bishop questioned the acquisition of park land from Art. Lutz,
real estate developer in the Walnut and Fonner area. Ben Altman,
Associate Planner, explained the area in question related to flood
plain development and other park development in the area. It was
suggested that as future money is available from the park development
' funds, that suitable land be purchased. Mayor Bishop requested faster
action by the Park Board on site proposals. Councilman Scheckla quest-
tioned the use made of Woodard Park. Mr. Coo er stated that very
tht
little use was made of this area. Chi fita t`mal
study be made of the gleenway and of the possibilitiesged oftlocatingathe/—��/-,7
Civic Center in the area now occupied by the Public Works Departme
along Fanno Creek to the center of Tigard. Councilman Cook also nt,
suggested application for a Federal grant through B.O.R. for land
purchase. Mr. Cooper responded that the board would like 60 days to
make a feasibility study, and that he would help. By January, 1978, it
is hoped that a priority listing of park acquisition sites will be ready
for Council review. A general discussion of the proposed "user fees"
was held. Ordinance to appear before Council soon. May Bishop
suggested that a member of the Tigard School Districts re included in
Park Board membership. Park Board agreed.
3. APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS FOR SEWER T.V. CLEANING AND
REPAIRING EQUIPMENT.
(a) Claire Mead, of the Public Works Department, made a brief presentation
to Council including slides of the proposed equipment and it's function.
The addition of a warranty service agreement was approved for inclusion
with the bids, and it was expected that the bids could be awarded in
January. The bids could be opened in December, 1977, with awarding of
same to follow in January after Mr. Barker, City Administrator, had
arrived.
(b) Motion by Councilman Cook, seconded by Councilman Wakem, to approve
the specifications and authorize call for bids. Award of contract to
be made January 9, 1977, if possible.
Approved by a unanimous vote of Council. City Recorder and Claire
Mead to set bid opening date.
4. PRELIMINARY REVIEW OF PROPOSED ORDINANCE PROHIBITING THE LEADING OR RIDING
OF ANIMALS ON CITY SIDEWALKS.
(a) Discussion on the merits of this proposal related to the Police
Department and use of animals within the City was held. Legal Counsel
to rewrite the ordinance for presentation at the next regular CeunciI
meeting.
5. PRELIMINARY REVIEW OF PROPOSED OI'T`::�-:.CF, PROHIBITING THE OBSTRUCTION OF
STREETS WITHIN THE CITY
(a) The Chief of Police stated this ordinance was needed as an addition
to the Municipal Code. No authority is presently in effect with the
power to cause the removal of street obstructions, and Legal Counsel
Page 2 - Study Session Minutes, November 21, 1977
suggested this be accomplished through ordinance adoption. Ordinance
will be presented at the next regular Council Meeting.
6. PRELIMINARY REVIEW OF PROPOSED ORDINANCE PROHIBITING IMPROPERLY PARKED
VEHICLES WITHIN THE CITY.
(a) The Chief of Police reported that the Municipal Code does not prohibit
lengthy parking of vehicles on City streets. This ordinance specifically
relates to the. storing of vehicles for long periods of time over the
postings on various streets. Ordinance will be presented to Council
at the next regular meeting and the Chief suggested the addition of
an emergency clause.
7. SELECTION COMMITTEE PROCEDURES CLARIFICATIONS AS REQUESTED BY COUNCILMAN
MICKELSON.
(a) Councilman Mickelson read a memo distributed by Mayor Bishop appoint-
ing him (Mickelson) to the position of chairman of the selection
committee. Councilman Mickelson questioned this assignment and the
required procedures as outlined by the Mayor.
(b) Mayor Bishop responded that he did not feel the Selection Co.mittee
had followed policies previously established and he wanted President
of Council to assume this responsibility.
(c) Councilman Mickelson requested that the procedures for all appoint-
ments to boards and commissions be reviewed and brought before Council
for a Declaration of Intent and Understanding. Councilman Cook
produced a resolution concerning interrelations with boards, commissions
and the Council that was suggested in June, 1977, but was not acted
upon. It was Council's consensus that this resolution be brought back
for consideration at the November 28, 1977 regular meeting.
(d) Councilman Wakem moved to accept resignation of Mayor from Selection
Committee, and appoint the President of the Council in his Mead; motion
seconded by Councilman Mickelson. Further discussion by Council
regarding clarification of motion. Councilman Wakem stated the intent
was to have a four member selection committee, consisting of President
of Council, one alternate Councilman, City Administrator, and head of
committee on board affected. Motion failed by 2 - 2 vote: Council-
man Scheckla abstained, Councilman Cook, Mayor Bishop voting "Nay"
Mr. Alan Popp, Chairman of the Planning Commission spoke in favor of
having the chairman of each board or commission as part of the
Selection Committee. Further discussion by Council regarding policy
Council would abide by and interview process.
(e) Motion by Councilman Mickelson, seconded by Councilman Wakem, the
Mayor, alternating Councilman, City Administrator and Chairman of
boards be appointed as official interview committee.
Motion failed by 3 - 2 vote; Mayor Bishop, Councilman Cook and
Scheckla voting "Nay".
Page 3 - Study Session Minutes, November 21, 1977
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(f) Motion by Councilman Mickelson that Councilman Cook he appc rated
Chairman with alternate Councilman:, City Adrr:inistrator, a-drha?r-
man of the Board be appointed to Selection CG_mmit.tee; Tcti :r
seconded by Councilman Wakem.
Motion failed by 3 - 2 vote; Councilman Cook, Scheckla, and the Mawr
voting "Nay".
(g) Motion by Councilman Mickelson, seconded by Cou^cil-~:an Wake-., that.
Councilman Scheckla serve as Chairman of Selection Com_T_tt�c,
alternating Councilman, City Administrator and Chairman. of Bcard:> t_
appointed as Selection Committee.
Motion failed by 3 - 2 vote. Mayor Bishop, CounciLr,ar: Couk, and
Councilman Scheckla voting "Nay".
(h) Motion by Councilman Cook seconded b • Councilman Srl,Eckla•' that tht
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Cit Administrator act as^/� airman, /_ ne Nayor aril one dl tt.r.:at;CE ^
Councilman meet jointly to interview and make reco-1.(-ndatJon for
Mayor and Council to appoint.
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Motion passed by 3 - 2 vote. Councilman Mickelson and Counci !m v
Wakem voting "Nay".
Mayor Bishop requested further directions fro: Council.. 1^ t± e
absence of the Acting City Administrator, and since the t'it�- R=cor:ler
declined to serve on the Selection Co,mr-,it.tee, Cuuncil.r%ar: Mickel -;ori
moved to have Alan Popp sit in on interview corr4 ittee or, Ti:Fsday.
November 22, 1977. Motion died for lack of record.
Councilman Cook stated the intent of the rr:otie- wa- tl:at ai' three:
members of committees meet jointly and be i attend.,:ce for i^terviE.w
process.
Motion by Councilman Mickelson, seconded by Councltndn Scheckla t�:
hold interviews Tuesday, November 2', 1977 at City Hal !. SElecti."
Comrtnittee to be Mayor Bishop, Councilman Scheckla, and it t':e :,t :nct:
of acting City Administrator, Aldie Howard, Ad^:inistrati:e Aide.
Motion passed by unanimous vote of Council.
8. CITY ADMINISTRATOR RESOLUTION PROPOSAL
(a) Mayor Bishop questioned the need for a resolution and/'or agrec-ent
stating official appointment, salary, terms of emplcy:r:er.t and t eref i
for the new City Administrator.
(b) Councilman Mickelson questioned several of the points as outlined in
the contract agreement. Section #3 should not require that the CitN.
Administrator attend other than City Council meetings. An allowar,:e
for renegotiations for salary should be made on a split-year ba._,'_
suggested by legal counsel. Section X1.6 should allow ICMA C;;nferer,;�-
and a regional conference. It was suggested to allow two corference=
to be paid by the City. Council to approve funds for these func .,1 ,
as they arise. Section #7 changed to not provide a phone to residcn;e.,
o: to pay the phone bill.
Page 4 - Study Session Minutes, November 21, 1977
After discussion, it was agreed that the document woLld be rewriCtEft
for Council review at the next regular meeting. A simple resolutions
would also be drawn relating to salary and official appoin-r.e;:t
Council confirmed that the new administrator is to participate in the
pension plan starting with his employ«:ent January 3; 1-978.
9. LEGAL COUNSEL RESOLUTION PROPOSAL.
(a) Mayor Bishop questioned the need for a resolution settin< fee-.
charges and designation of the city's legal counsel.
(b) Council requested that a resolution be prepared to formalize the
appointment of "City Attorney" to coincide with the te.r7�lnolc,6y i
the Municipal Code. Resolution to be presented to the Courcil at
the next regular meeting.
10. ORDINANCE PRESENTED TO COUNCIL BY MAYOR BISHOP CONCERNING THE NECESSITY
OF RESIDENCY REQUIREMENTS FOR VARIOUS MEMBERS OF THE Tl,-,ARD STAFF.
(a) Mayor Bishop read a letter authored by himself corcern.ing, the %(--i- l to
have senior administrative staff personnel residing; within th«_
boundaries of the City. A proposed ordinance was prc_,e:rot d by Mayor
Bishop. The Mayor stated that many citizens had cori.iais:c:d to h(-
that key staff members were not required to reside within t:he City.
Couucilman Mickelson asked which members of �:tafi did not l !�,e withi".
the City, and it was noted that the Planning Director 11-ed cut,ide
of the City; the Chief of Police's residence i eonti. ucus to thte
City and could annex.
Councilman Mickelson questioned the Mayor about, the n,-!ber of
residents complaining. He also stated his opposition to such _i
requirement being placed on staff and asked if the City was ready
to assume the responsibility of relocating the stair.
Councilman Wakem suggested that if the people want to change the
charter through referendum, they should initiate that action ther-
selves. Legal council stated that he had surveyed the situation and
had found a wide split on other cities requirirg "Inside city residence
requirements".
Mayor Bishop stated that "People who work in the City --hou:d li,e
in the City."
(b) Motion by Councilman Scheckla to table the matter, seconded by
Councilman Mickelson. Motion carried.
11. TIGARD COMMUNITY YOUTH SERVICES FUNDING REQUEST
(a) Following the recent approval of the voters to fund this organi_.ation-,
it was suggested by Doris Hartig, City Recorder, to adopt a supplerental
budget at the January 23rd regular Council meeting and hold a pulli:
hearing on February 13, 1978. This would allow the budget co:r-:f.ttee
and Mr. Barker to review this matter, and be brought back to Cour_c.il
for action.
Page 5 - Study Session Minutes, November 21, 1977
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12. OTHER
(a) Council requested appreciation resolutions be prepared for various
persons who have served the City. Resolutions to be brought before
Council at the next regular Council meeting.
(b) Mayor noted that a new concrete front entry a '- installed at the
library. Application for mini-grant was brought to the attention of
Council. �"e4
(c) Letter regarding traffic signals at Hunziker and Hall Blvd. , and the J
efforts of Diane Lund of the Communitv Pres: was noted.
(d) Council was reminded by Mayor Bishop that "Goals and Priorities" list::
ware due by November 28, 1977.
(e) A brief annexation report was presented by staff. Two proposal.; to
be brought to Council for action at the next regular meeting
(f) December meeting. No meeting on December 5, 1977, due to National
Cities Convention in California, and December 26, 1977, Christi-,as
holiday. Regular meeting to be held on December 12, and a special
meeting on December 19.
(g) Appeals Filed. City Recorder reported appeals have been filed regard.,
ing conditional use request by David E. Farr and Tigard School District
#23J, (James Templeton School). Concensus of Council was to hear
land use matters at Special Meeting December 19, 1977.
(h) CETA.
City Recorder reported six (6) additional CETA slots available, and
requested Council approval to apply for a Clerk Typist II position as
well as special project funds for a data base survey. Council
approved request.
(i) Councilman Mickelson reported contact with Steve Roberts at Coopers
and Lybrand, who is working on revising the bookkeeping systerr, at City
Hall. They will report after January, and have beer in contact with
Mr. Barker.
13. ADJOURNMENT 11:15 P.M.
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ATTEST: City Recorder - City of; igard
Mayor - City of Tigard
Page 6 - Study Session Minutes, November 21, 1977
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STAFF REPORT CONCERNING ANNEXATIONS
IDAY, NOVEMBER 18, 1977
COUNCIL STUDY SESSION FOR MONDAY, NOVEMBER 21, 1977.
CRAWFORD ANNEXATION PROPOSAL: BOUNDARY COMMISSION DECLARED THE
PREVIOUS PROPOSAL NULL AND VOID. ALL NECESSARY DOCUMENTATION
HAS BEEN RE-SUBMITTED FOR CONSIDERATION BY THE COMMISSION ON
**DECEMBER 14, 1977. STAFF HAS NOTIFIED, BY LETTER, MOST OF THE
PROPERTY OWNERS IN THE EFFECTED AREA INCLUDING THOSE OPPOSE? MO
THE ANNEXATION OF THIS UPCOMING HEARING. THE BOUNDARY COMMISSION
HAS ASSURED STAFF THAT ALL THE DOCUMENTS ARE IN ORDER. THE STATE
HIGHWAY DEPARTMENT WOULD NOT SIGN A PETITION FOR 99W, BUT THEY
HAVE INDICATED THAT THE HIGHWAY WILL BE INCLUDED IF THE PROPOSAL
IS ACCEPTED.
C&C ANNEXATION PROPOSAL: THE LEGAL DESCRIPTION FOR THIS PROPERTY WAS
FOUND TO BE INCORRECT AT THE COUNTY LEVEL. BECAUSE IT IS ACROSS
FROM THE CRAWFORD AREA, AND WE INCLUDED THE HIGHWAY THERF IS AN
OVERLAPPING. WGK AND THE REAL ESTATE PEOPLE HAVE BEEN CONTACTED
AND A LEGAL DESCRIPTION IS BEING PREPARED. NO OTHER DIFFICULTIES
ARE ANTICIPATED AND THIS PROPOSAL SHOULD CLEAR THE BOUNDARY
COMMISSION IN JANUARY 1978. ONE POSSIBLE CONCERN MIGHT BE THE
QUESTION OF URBAN GROWTH BOUNDARIES, BUT THIS SHOULD BE ANSWERED
BY OUR PLANNING COMMISSION IN DECEMBER.
POLLOCKIMANZANITA PROPOSAL: PRESENTED TO COUNCIL AT THE NEXT REGULAR
MEETING. THIS PROPOSAL WOULD ALLOW POLLOCK TO DEVELOPE PROPERTY
IN THE HALL BLVD. AREA. CONTACT HAS BEEN MADE WITH PEOPLE IN THE
AREA. ALL RETURNS WERE NEGATIVE. HOWEVER, THE CITY HAS MADE A
COMMITMENT TO POLLOCK CONCERNING THIS PROPOSAL.
WARDIN ANNEXATION PROPOSAL: PETITIONS HAVE BEEN RECEIVED FROM WARDIN
TO ANNEX CERTAIN PROPERTIES IN THE GONZAGA AND 67TH AREA. THE
REQUEST WOULD ADD A LARGE AREA, HOWEVER, THE BOUNDARIES WOULD
BE VERY IRREGULAR. POLLOCK HAS INDICATED THAT HE WOULD JOIN IN
THIS PROPOSAL FOLLOWING THE HALL BLVD. RESOLVE. ONE OTHER
PROBLEM IS THE PLANNING DEPARTMENTS DETERMINATION OF ACTUAL LAND
USE. THIS PROPOSAL WILL BE PRESENTED TO COUNCIL AT THE NEXT
REGULAR MEETING.
MCDONALD ANNEXATION PROPOSAL: PETITIONS ARE BEING CIRCULATED IN THE
MCDONALD AND 01MARA AREA. APPROXIMATELY 20 PROPERTY OWNERS HAVE
SIGNED PETITIONS ALTHOUGH WE HAVE NOT RECEIVED THIS MANY AT CITY
HALL. THE MAIN PROBLEM IS THAT SEWER SERVICE IS NEEDED AND TWO
LARGER PROPERTY OWNERS WISH TO DEVELOPE THEIR LAND. THIS MAY
SPLIT THE ISLAND WHICH WILL BE CREATED BY THE CRAWFORD ANNEXATION.
IT MAY IN FACT CREATE THREE ISLANDS.
KRUEGER ANNEXATION PROPOSAL: WEST OF 135TH PENDING PLANNING COMMISSION
DETERMINATION OF URBAN GROWTH BOUNDARIES. EAST OF 135TH IS
WORKING ITS WAY THROUGH THE CHANNELS.
BELANICH ANNEXATION: WE ARE WAITING FOR A METES AND BOUNDS LEGAL FOR
THIS PROPERTY. THE LEGALS WE TRIED TO WORK ON WERE INCOMPLETE,
INCORRECT AND WOULD NOT BE ACCEPTED BY THE COUNTY. MR. BELANICH
HAS AGREED TO SUPPLY THE CORRECT DOCUMENTATION.
NOTIFIED THIS DATE THAT BOUNDARY COMMISSION WILL CONSIDER THIS
PROPOSAL DECEMBER 13, 1977 INSEAD OF DECEMBER 14, 1977. LENGTH
OF AGENDA FORCED CHANGE.