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City Council Packet - 06/05/1978 5 TIGARD CITY COUNCIL STUDY SESSION, 7:30 P.M. JUNE 5, 1978 FOWLER JUNIOR HIGH SCHOOL LECTURE ROOM AGENDA: 1. ROLL CALL 2. KATHERINE STREET SEWER PROBLEM 3. ANNEXATION: Friends Church - S.W. 72nd Avenue Mudrenich - Naeve & 99W Sherwood Dev. - Bonita & 79th McDonald Avenue C 3. BID OPENING - Police Station C U 4. BUDGET REVISIONS a 5. ORDINANCES FOR NO PARKING S.W. Burnham SW 112th Avenue 6. ANALYSIS MAY 23RD ELECTION 7. ALTERNATE METHODS OF FINANCE 8. OTHER: (a) C.E.T.A. Youth Program (b) School Street Resurfacing (c) Friends of Museum 9. EXECUTIVE SESSION: Under provisions of ORS 192.660 to discuss general personnel matters (a) Request of Mayor. TIGARD C I T Y C O U N C I L STUDY SESSION,, JUNE 5, 1.978, 7:30 P. M. 1. ROLL CALL: Present: Mayor Wilbur A. Bishop; Councilmen John E. Cook, Al,.n W. Mickelson, Kenneth W. Scheckla (arrived at 7:35 PM); Chief cf Police, R. B. Adams; Legal Counsel, J. D. Bailey; City Adtnir.istra- tor, R. R, Barker; Planning Director, Dick Bolen; Head Librarlar!; Irene Ertell; City Recorder, Doris Hartig; Administrative Aide, Aldie Howard; Program. Coordinator, Claire Mead; Clerk III Lore:en Wilson. 2. KATHERINE STREET SEWER PROBLEM. (a) City Administrator stated that a petition had been presented to the Cc;ur( il at a previous meeting requesting the formation of an LID in the Kather_n_• Street area for sanitary and storm sewer installation. At that time, C..c:unc: ! had determined the cost would be prohibitive to form an LID for only four lots. The City Administrator stated that since that time, the property owners had contacted Unified Sewerage Agency, who ,gave verbal approval to construct a sanitary and storm drainage sewer line in the area, if the City of Tigird approved. The City Administrator recur,!-m r_ded Council approve construction by U and noted that the lines would then be turned over to the City of Tigard maintenance. (b) Councilman Cook, seconded by Councilman Mickelson, moved to request st ,f+ prepare document authorizing U.S.A. to install sewers on Katherine Street. Approved by unanimous vote of Council. 3. ANNEXATION: Friends Church - S.W. 71nd Avenue Mudrenich - Naeve & 99W Sherwood Development - Bonita & 79th McDonald Avenue (a) Administrative Aide sumr..arized annexations to be presented to Council cn June 12, 1978 for forwarding to the Boundary Review Commission. It wa noted that all petitions under consideration were seeking annexation mainly for sewer service. 4. BID OPENING - Police Station (a) City Administrator reported that no bids were received. (b) Consensus of Council was to discuss the budget revisions before making a determination whether to go out for bid a second time. 5. BUDGET REVISIONS. (a) Mayor Bishop recommended the Budget Committee be included in the discussicr of budget revisions: This would not be a called meeting of the Budget Committee, but a request for the Budget Corrnittee to meet with Council. to give verbal input regarding the revisions. Mayor Bishop also requested the press Dublicize that Council would be recci� i:5 suggestions and recommmenda.tior_s until June 12, 1978) regarding the budget Councilman Mickelson stated if programs were going to be cut, positions shcv.'u be cut also. Consensus of Council was to table item until June 12, 1978 Regular Meeting and request Budget Committee to attend in advisory capacity. Councilman Scheckla stated his objection to tabling the matter. Council directed staff to send material to Budget Committee which had alreariy be presented to Council. Mayor Bishop commented that all department heads would have a chance foc input at the meeting, but that they should work through the City Adaiinistrater as the Budget Officer. City Administrator stated he would prepare his recommendations for for presentation at the June L2th meeting. 6. ORDINANCES FOR NO PARKING S.W. Burnham S. W. 112th Avenue (a) City Administrator noted the or.dirances would be presented at the next Council Meeting for consideration. (b) Councilman Scheckla disapproved "No Parking" on 112th Avenue. (c) Mayor Bishop complimented City employees on the Burnham Street overlay c•rhic, was recently completed. 7. ANALYSIS MAY 23rd ELECTION. (a) Council and staff noted the results of the election and discussed briefly the fact that most money hatters were defeated. 8. ALTERNATE METHODS OF FINANCE. (a) Administrative Aide stated the memorandum presented should explain the pr^_ces:, of alternate financing methods but the subject would need a much more is-depth study before it could be implemented. One of the first steps needed would be a complete inventory of the City to see what costs would be incurred fc:r the city-wide improvements. (b) Mayor Bishop noted that if this type of financing were pursued, it should be placed before the voters of the City. (c) City Administrator stated he felt this item merits further consideration. (d) Consensus of Council was to have staff present a preliminary plan for an organization to look into this matter further at the next Study Session. PAGE 2 - STUDY SESSION, JUNE 5, 1978, ?:30 P.M. (e) Councilman Cook suggested that possibly CETA Special ::.ejects iutl,.::.ti , utilized in this type of endeavor. 9. OTHER: (a) C.E.T.A. Youth Program. City Administrator rc:portr:d that C:ETA has a summer youtl prowrart <'- .:i_ for a 10 week period. The Public Works Department could use three V,11117: men in the maintenance sectivt: for the duration of the program. It noted that the City would :ot :absorb ally of these employcres at tt,c cad program. Motion by Councilma a. Cork, :>r 3c:c? by (:ouncilmau Nick_-.son to Lipp . 10 weak CETA prog ra;:, for t: . (,i ty. Approved by unanimous vote of Council. (b) School. Street Resurfacing. City Administrato'.' Itat.c:d tlY<:t LL Sch;x,i DisLrLc L hili to help in the firtaucirng of cite rc:surf lciuh project. When Litt. (:il" :+k fit bill to the School Distr.i.r:.t huwE.v r, they cesponded that. r.heii advised them to IIOt. part'1Ci(t2lt.u, �fhtl;>, thy' City will have t0 :.1 t,5 t'1, L`�.i:. ' amount of $429.00. (c) Friends of Museum. Administrative Aide report—i collt:ar.t s-ith tor. Tedhill: r, �lni.l Le• -" advised that the John Tigard rc:,ic.lencc would have to bc: mv,.'c:i property by July 15th. Ile, also donated $500.00 t:oWards t't(% curt::,. Administrative Aide also tiote,d that it tni.gllt be possible, ftor sell the land on the corner of Hall Blvd. .old 11iraebrook Strr_rt alik ['E'�t that money in another lot. t:.e pl;tce the house. The City could t ik,LA 1• _. the property to the Friends of thE! Museum for a nomi-rlal al:nual 1t- . :3'r�e��Yt seport 49u l buI2t+Atc6ed W Glu= City ley ';i o£ t u, i.,t Bctllir. Consensus of Council was to have the Administrative. Aidc and Director investigate the possibility of t:elvcatin,; the ltot:r: in area on Mr. Millar's property or another alternate: location. (d) Mayor Bishop requested a resolution be presented to Lynrt wakcri at the' June 12th meeting-to express thle Council's appreciation for h.i.a �;c,rvl::c, (d) Mayor Dishop requested a final report on the Ellglewo id Grcer:wa, b., Juni: 12, 1978, so the City could consider acceptance, possibly with, cc,Iadit.i:)n.^, { t, the greenway. RECESS - 9:12 P.M. RECONVENE - 9:25 P.M. PAGE 3 - STUDY SrSSION, JUNE 5, 1978, 7:30 P-M; l EXECUTIVE SESSION: Council went into executive session under the provisions of ORS 192.660 to discuss general personnel matters. There was general discussion by Council as to the legality of the executive session as it pertains to general personnel matters, however, as the Mayor called the meeting formatters, the specific purpose of discussing the Lieutenant's 1978-79 salary, the City Attorney ruled the executive meeting proper. City Administrator commented on the salary discrepancy for the Lieutenant's position, and recommended Council reconsider. After considerable discussion, Council went out of executive session and into open meeting at 9:55. Motion by Councilman Mickelson, seconded by Councilman Scheckla, the Lieutenant's position for Police Department be increased comparable to other employees of the staf2 (other employees received average salary increase of 9%). Motion carried. Lt. salary for 78-79 adjusted to $20,573. 9:45 P.M., Council went into executive session to discuss other personnel matters. After discussing budget adjustments as it relates to personnel, members of the news media put Council on notice that they felt the discussion did not meet the requirements of ORS 192.660. Council concurred - discussion was public information. Discussion continued regarding budget adjustments relating to personal services, budget programs and specific positions. City Administrator was requested to prepare reco[e:renda- tions for consideration at next Council Meeting of June 12, 1978. Meeting adjourned at 10:25 P.M. APPROVED: Doris Hartig, City Re 0aer ATTEST: Wilbur A. Bishop, Mayor PAGE 4 - STUDY SESSION, JUNE 5, 1978, 7:30 P.M. May 31, 1978 Mr. Ted L. Millar Oak Hill Investment Co. 7941 S. E. Johnson Creek Blvd. Portland, Oregon 97206 Attention: Mr. Dick Bolin, Planning Director Tigard City Council Members Mr. Raeldon Barker, City Administrator Planning Commissioners Mr. Aldie Howard-Liaison-Friends of the Museum Mayor Wilbur Bishop Dear Sirs: Friends of the Museum would like to explore the feasibility of placing the John Tigard residence under Phase II (formerly Stoneridge) development now being discussed by the Planning Commission. We wish you to know our desire to keep the home as close to the proximity -of its current location for the following reasons: Open space planning or ' landscape' areas which the builder is setting aside, would make an ideal location for this historical preservation site. Parking would be available along with police and fire protection. Elderly residents who live within this perimeter would be able to walk to the John Tigard Museum to rest and converse at this community center. Transportation will not be a problem if located in this area. The cost of moving the . structure would be at a minimum with well over $3,000 now in a bank account to cover costs in re- furbishing this historical home. Museum exhibits for the public and organizations will be provided, and educational aids for school children will draw many students for planned tours. A landscape gardener, Stan Wagner, has already gifted his donated time and Mrs. Ralph Palmer has offered to supply appropriate garden plantings to recapture the past around the home. Mrs. Judy Fessler, a local resident, has asked to re- finish 1880 period furniture being donated and Atiyeh Bros. are gifting oriental rugs to carry out the original furnishings. Mr. Movius "Doc", an engineer of P. A. and Intercom systems, presently a part-time employee at the Radio Shack in Canterbury Shopping Center, Tigard, has offered to install the proper type of system in the John Tigard home. Mr. Ted L. Millar May 31; 1978 Page two The purpose of asking that this home be retained and main- tained by Friends of the Museum is for preservation of past, present and future historical interest. There was no other collection of local artifacts other than the Charles F. Tigard' s gifted to the County until Friends of the Museum formed. Now Friends of the Museum has an index which eventually will increase into a sizeable number of artifacts to be shared by the entire surrounding communities and visitors from all over the world. of all options so far, the Board voted to ask of you to ex- plore all possibilities available in finding a suitable location so that this home can be saved for generations to come. May we have this matter brought before the Planning Commis- sion and the Council as soon as possible. Our representative, Mrs. Mary Payne, will be present for any questions you may wi sh to a sk. sincerely, FRIENDS OF THE MUSEUM La Verne Sharp, Chairman cc: Mrs. Elsie Ames Mr. Robert Ames Mr. Gary Ames Mrs. Grace Tigard Houghton Mr. Curtis Tigard Mrs. Nellie Elwert Mrs. Ruth Croft Mrs. Mary Payne In the.. .......pi-r.cui.t... ........Court of the State of Oregon for the County. of.......... . ..... .............. GRACE. BRRNETTE..WINEGA)�PE��.................................... ...................... ............... ..... ... .... ................. ...... --- .......... 71" .................................................................................................................................................................... .................................................................................................................................................................... VS. Plaintiff C.TTX..OF TIGAIM, A Municipalit -Y No.-.._..._................ ..................a.n..d...CH.A...RL.ES...GEORGE..MARTIN.p..�..JR... .f................................................... .........i divid a11y...AA1..9p...aP...Ag@jt...................................................................... SUMMONS .................................................................................................................................................................... ................................................. ...........................................:....................................................................... .................................................................................................................................................................... Defendant To ............ CHARLES GEORGE MARTIN.,.... ...............and........CI-T-Y—Or...TIGARDI.—a...nunicipality kH.....*f...jYdk­­ft*6 ............................!.....................................I...........................................................1-242"1 ...S-W—Wil-lain.........-................................. A ................................. OREGON 1ri-qard-j...Oregorn............................................. .................... ....................................................... ................................................................................................................................................................................................... Defendant...... IN THE NAME OF THE STATE OF OREGON: You are hereby required to appear and answer the com- plaint filed against you in the above entitled cause within twenty days from the d, of service of this summons upon you, it served within the state of Oregon, and it you fail so to answer, for want th, oof, the plaintiff......willapply to the court for relief demanded therein. NOTICE TO DEFENDANT:READ THESE PAPERS CAREFULLY1 You must"appear"in this case or the other side will win automatic- ally.70 "appear you'ou lust file with the court it legal P'I-,)Lr called a "notion," "demurrer"f " onmust"answer." This paper ust be given to the court Nvitbin 20 days, along with the required filing fee. It must be in proper form and have proof of service on the plaintiff or his attorney to show that the other side has been given a copy of it. .................................... If you have questions, you should see an attorney immediately. of Attorneys for Plaintiff...... STATE OF OREGON County ........)". ........R.o.n...D...te.r.5[Rs9�n................ ..............................................................................., one of plaintiff's attorneys, ... ....... do hereby certify that I prepared the foregoing copy of summons and have—ca=LuLly. compared the same with the . . original thereof; and that it is a true and correct copy9_ --;a nal. ............T9?k13t;iA.........I Oregon, dated the .......... day of ...............r'. Y...... ....... ..... ... ............:................ ......... ......... ................... of Attorneys for laintrff...... TO THE SHERIFF, OFFICER OR OTHER PERSON SERVING THIS SUMMONS: You are hereby directed to serve a copy of the within summons, together with a copy of he complaint, upon the defendant...., ..........CHARLES...GEORGR..L4AR!EIR,...J.R.....-and---CITY--OF'---IIIGARD....................................... .................................................................................................................................................................................................................... and a copy of the within summons only upon the other defendant..... ...................................................................................... .................................................................................................................................................................................................................... .................................................................................................................................................................................................................... uson ................................................ of Attorneys for Plaintiff....._ Ron D Ferguson ......................................................................................................... P. O. Box 176 ....S......W.. Booties_ Ferry...�Rc�!j.................. Tualatin, Oregon 97062 -Lone ....Telepl .;........(.50-34....6.38-8471.......................... ATTORNEY'S NAME,POST OFFICE ADOnESS AND TELEPHONE NUMOVI FORM No.190—CIRCUIT OR DISTRICT COURT SUMMONS. STCVCN$-ftZSS LAW PUB.CO..PORTLAND,ORE. PAGE 1—SUMMONS IT STATE OF OREGON, County of ............ )ss PROOF OF SERVICE WITHIN STATE )ti) ••- •-•-•••-•-••--••--•••--•••••••-•• ON INDIVIDUAL DEFENDANTS) I, .................................................................. ........(Name and Title) Of ...............................:...................... County, Oregon hereby certify that the foregoing summons was delivered to me for service on the .....................................day of .........., 19..........; that I am and at all times hereinafter mentioned was a competent person over the age of 18 years and not a party to or an attorney in the above entitled cause; that I served said summons at the follow- ingplace, ............................................... within said county and state on the....................day of........................................., 19..........,at ._. .... ._.. o'clock .....M.,on the within named defendant.................................. _ ........... .... ........................................ ..........-....................................... . ..............................by delivering a copy thereof to the said defendant,and if mora than . one then to each of them, personally and in person; that I served the complaint in said cause, to which reference is made in said sum- mons, on the following defendant ........................................................................................................___ .- ... .. _... .. ..................... .............. ..................................I- •............................ at the same time and place on said day, by then and there personally delivering to and leaving with the defendants last named, and each of there, personally and in person, a cor••v of the complaint; that each copy of said summons and of said complaint so served was prepared and certified to be a true copy of t:,e original thereof by one of the above named attorneys for the plaintiff in the said cause. Thatthe defendant .......................................................................................................................................... ............_......... named in said summons cannot be found in the county last above mentioned. ................................. .......... ......... ... ....... .................... Name and.Titles.- - By .......... ..................................................................------............................ Deputy. STATE OF OREGON, County Of._....................................._ /ROOF OF SERVICE WITHIN STATE !s) ...._ _..)SS• ON CORPORATE DEFENDANT 1, ................................................................. ........ .................................................... (Name and Title) of ........................................................County,Oregon hereby certify that I am and at all times hereinafter mentioned was a compptcnt person over the age of 18 years and not a party to or an attorney in the above entitled cause; that the foregoing summons was dcliverrd to me for service on the................day of.........................................19..........;that on ... ,19.. .. .,at . .. . o'clock M. in.....................................:.........County, Oregon, I served the corporate defendant .__... ._ ... ._ ...... ... ...... _ _. ..... with said summons and with the complaint to which reference is made in said summons by delivering a copy of said sun,nnrns and a copy of said complaint at the following place, ....................-.......... .............................................................-......................._....._...................1.. to .............................. ........................................_............. ..... ............. who is the..............................................................of said corporate defendant; each said copy so served was prepared and certified to be a true copy of the original thereof by one of the above named attorneys for the plaintiff in said cause. That the defendant ............................................................................................._ .......................__....... ... ......named in said summons cannot be found In the county last above mentioned. ..........................................I............ ... .._.._ _....... .. Name and Title. BY ................................................................................................_..... .. _.. Deputy. PAGE 2—SUMMONS 1 IN THE CIRCUIT COURT OF TIE STATE:OF OREGON- 2 3 F'OR- ' THE COUNTY OF WASH ENGTON GRACE HURNETTE WDIEGARDEU, ) 4 . } Plaintiff, ) No. ! 5 } VS. ) COMPLAINT U ) CITY OF TIGARD, A Municipality ) 7 and Civour ES individually and as an agent. } '. 8 ) Defendants. ) E 9 Plaintiff allegas as and for Count .l of !ler first 10 Cauyu of Action: 11 I. 12 .:ia 1 a1 ;_.Z"CiitaFttt?" 1 ns C`.:1r `_i.0Ut1-i7las 13 :f::ill >aulaysl- _ t 14 :lortlte Z ' 1 Ciftc highway is 15 a _,ublic tiioroug:tisr(_- -.�xtanding in a 16 rection. That SOut:Vilest Hall Boulevard int.=_ccts Wi-_11 Soutil- 17 coast Pacific iiig'i:;ay and said intersection is located within the 18 County of Washington, State of Oregon. 19 20 I I. • �3 i:t all material times mentioned herein GRACE BURJi:'1TL•' 21 � re SPR 1.11NEGARDS.N was the operator of a 1965 Chevrol•_t -Iuto:- bil.10 e. a 22 23 At all material tildes mentioned herein, tete defendant 24 Charles George Martin, Jr. , was the oparator of a 1976 Pontiac, 25 property of the City of Tigard, and was an agent of the City of 26 Tigard and acting in the scope of his employment. Page i 1 - COMPLAINT s IV. 1 On or around the 21st d :y. Of January., 1977, Plaintiff 2 was operating her 1965 Chravrolet automobile in a Westerly 3 direction on S. W. Pacific Highway at the :call Blvd.; intersection 4 and that defendant Martin, was the operator of the aforesaid 1976 5 Pontiac, and was proceeding Northerly on Southwest Ball Blvd., and 6 at said time anti place, defendant Martin negligently operated his 7 8 vehicle into the vehicle which the plaintiff was operating, causing PlaintifLE to :puffer certain damagas and injuries as here- 9 inafter allaged. `.. to V. 11 • .r- ,,. 12 - 1 ;'z l"'x��ar�i, tiiroug7 its a9t:!nt :���f....s:�`. .:.arm;>�, •.tzt:; ,:�t _i, •,.:� ii: on-. C.31 .nor'. o t:h,a 13 14 In fa'1ing tC i:cou a 15 ZUO:;Oi �` Z� Ur other 16 vetii cic.s or. tile highway; 17 2. in failing to iceep ilio in proper control; 18 3. In operating 2iis vehicle at an Qxce33ive rate of .o lq speedfor the circumstances then and there existing; 20 4. In failing to yield right of ::ay. 03 21 5. In disregarding the traffic signal. opt °£ 22 V1. 23 On or around January 31, 1977 notice was given to the 24 City of Tigard stating the time, place and circhurstancasof the 25 collision. •,III. 26 Page As a proximate result of the negligence of the Do-fa idant, 2 - COMPLAIY t 1 a collision accurred and Olaintiff was caused to suffer left 2 lateral rib fractures,, depressed right lateral tibial plateau, 3 soft tissue injury. to left foot, bruises on thz left temple, 4 severe nervous shock, physical and iaental pain and suffering, 5 and has been rendered sick, sore, nervous and distressed, and 6 that some of Lha above alleged injuries are permanent in nature 7 all to the Pl:ii:ltiff's general damages in the sum of one 'Hundred g Thousand Dollar:; (3100,000.00) . 9 V-111. 10 a r.213u, ,- of G,-Li.j ('.Cilliz;j oi., l,l ainti f f liaa r'z!quJ r;:!d �:- 11 ,.loin ital and ai�':.�1(:'_1 i ikyl :...�;ii l .__ �.. .:? iron her 12 t-o make 13 14 of i_1" 'ir_t 15 Cads=a of sction: 16 17 Plaintiff reallegas II, IV, VZI and VIII 18 of Count I of her First Cause of action. 19 26 I� u5 :=tlia W=a" W3 At all naterial times harein Defendant ':actin was t5e 21 ogl�dFR_ <<35 22 operator of a 1976 Pontiac Automobile. 23 24 At said time and place Defendant '•fartin, was negligent in one or more of the following: 25 1. In failing to keep a proper lookout for other 26 vehicles on the highway; Page 3 - COMPLAIeIT s , y 1 2. In failing to'keep his vehicle in proper control; 2 3. In operating his vehicle at an excessive rate of 3 speed for the circumstances then and there existing; 4 4.. In failing to yield right of way; J 5. In disregarding the traffic signal. 6 11"HEREFO tE, PlaintiffVprays for a judgment against the 7 D;.�Zandan` in t a sum of One Hundred Thousand Dollars ($100,000.00) as and for general daiaages, an xiount to ba determined for special 9 10 :; daages, afori for cost:•; ff and :ii:3:�urse aez:ts incurraherein. 11 • 12 1:3 .ttora�.!y for. Pla nt_il7 14 15 16 17 18 19 20 titV� W:xs`a3 21 ..._... tmorney for 22 23 24 25 26 Page 4 - COAPLAINT I IN 02 M .1-, R PD lie A .WEEKLY NEWSLETTER PORTLAND ZENITH CLUB We have received a letter from the Portland Zenith Club thanking us for our cooperation in the planting at Cook Park on Arbor Day. Special thanks to Mr. Meade and the members of his department for their efforts. JIM BRIEN RESIGNS. JOHN LAWS RESIGNS. Mr. Brien has left the City Building Department. Mr. Laws has submitted his resignation effective June 30th. as Associate Planner for the Planning Department. BID OPENING. No bids were received for the addition to the Police Station. RANDY STEVENS. We have finally filled the CETA II position for Clerk Typist. Randy Stevens joined staff Thursday. She will be in charge of Sewer Billing. Randy lives in Aloha and was associated with the Beaverton School Dist. working with handicapped children prior to her arrival in Tigard. The addition of 382 new sewer billings from Summerfield is being worked into the current system. Bills arrived in Summerfield prior to the residents receipt of a "clarifying"letter from TDC. This letter will be sent Friday. We received a large number of calls questioning the increases in rates. TRAFFIC CONTROL MARKINGS. Public Works has been busy painting the traffic control markings on city streets. ROTOVATOR ARRIVES. The City has received the new Rotovator for use in park and greenway maintenance. Initial tests have proven very effective. LIBRARY CONFERENCE. Aldie Howard attended the Goveror's Conference on Libraries held in Salem thru Saturday. A report will be made to Council concerning the import of this event. GREENBURG WAITS. The Greenburg Bike Path project is closed until the City receives "contractor certification". Problems have developed between the General and Sub-contractor. This problem should be solved soon and the project will be completed.