City Council Packet - 04/30/1979 TIGARD CITY COUNCIL
STUDY SESSION
APRIL 30, 1979, 7:30 P.M.
FOWLER JUNIOR HIGH SCHOOL
LECTURE ROOM
AGENDA:
1 ROLL CALL
2. Bishop Sanitary Sewer Extension - City Administrator
3. Review of 72nd Avenue Improvements - Tony Maksym - Planning Director
4. System Development Charge Refund Requests - Planning Director
Grayson Investments
Oak Hili Investment Company
Kruger
5. Sensative Lands Ordinance - Planning Director
6. R-5 & R-20 Zoning Ordinance - Planning Director
7. Housing Implementation Plan - Planning Director
8. Bush Annexation (Summerlake) - Planning Director
9. Intern Police Program - Chief of Police
10. Corporal Salaries -'Chief of Police (bring previously distributed information)
11. Street Overlay Bids - Report by City Administrator
12. Policy Regarding Pressure Sewer Systems (Pump) - City Administrator
(bring previously distributed information)
13. Other
14. Executive Session - to discuss personnel matters per O.R.S. 192.660 (1) (a) & (b)
15. Adjournment
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T I GAR D CITY COUNCIL
STUDY SESSION MINUTES, APRIL 30, 1979, 7:30 P.M.
1. ROLL CALL: Present: Mayor Alan Mickelson; Councilmen Tom Brian, John E. Cook,
Kenneth W. Scheckla; Councilwoman Nancie Stimler; Legal Counsel,
Joe D. Bailey; Chief of Police, Robert B. Adams; City Administrator,
R.R. Barker; City Recorder/Finance Director, Doris Hartig;
Planning Director,-Aldace Howard; Research and Development Aide,
Martha McLennan.
2. BISHOP SANITARY SEWER EXTENSION
(a) City Administrator described the project briefly and explained the three
documents for consideration by Council: 1) Compliance Agreement;
2) Easement; and 3) Agreement to reimburse the developer for a part of
the cost for the sewer. The City Administrator went into detail in
describing the Agreement to Reimburse, stating that it would include
provisions for the developer to be reimbursed for up to 90% of his
costs, over a period of years, at a rate of $.54/sq. ft. of property
of adjacent owners hooking up to his sewer line. City Administrator
went on to say that the documents had been reviewed by the City Engineer
and were found to be in order.
'(b) J. B. Bishop, Developer, questioned the exclusion of City fees and civil
dng rine costs in the 90% future. He compared this policy with other
jurisdictions, stating that Tigard is unusual in excluding City fees.
In addition, he felt that as the engineering costs were hard costs of
the development they should be included. He stated that if they were
included the resulting rate would be $.66/sq. ft.
(c) City Administratorstated that he agreed with the inclusion of the
engineering' costs, but that current City regulations prohibit it. He
went on to say that he wasn't sure about the inclusion of City fees,
because he was unaware of the original justification` for the provision. `
(d1 F
) Legal Counsel gave' a brief history of the development of the reimburse—
ment formula,
eimburse-ment` formula, and went on to say that Council may amend the formula
if they so wish. i
(e) J. B. Bishop then discussed the format used for these documents.' He
described a new document, a Letter of Credit, which would provide
better;protection in the future, less expense to the developer, a clearer
legal document, and would include the actual bond (both performance and
maintenance). He suggested that Council look into such a format.
(£) Councilwoman-Stimler suggested that staff,look into the developer's
questions and return di th :report at "he -___t
q:+e..,��...... ...._.. return .,..�.. .. ....p a.qac tiC1S.L regular meeting. .
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3. `REVIEW OF 72ND AVENUE IMPROVEMENTS
(a) Planning Director reported that there were still some unresolved issues,
and that staff would be 'meeting with Mr. 'Mak.sym on Tuesday. He recommended
that this item be held over until May 7th: 4'
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(b) Bob Tommy, Gonzaga Street, referring to an article in the Tigard Times,
requested information on the interchange project, stating that the map
in the paper showed part of his property being used for the project.
He went on to say that this was the first he had heard of the project.
(c) City Administrator reported that he had met recently with the Oregon
Department of Transportation (ODOT) regarding the project. He described
in detail the review process for such projects, including citizen review,
public hearings and Council consideration. He went on to describe a
particular problem of the project: the alignment options of Varns Road.
O.D.O.T. is requesting a Resolution from the City Council promising that
Varns will never be extended, and promising the installation of a
"trucks prohibited" sign. City Administrator went on to say
that if Council did not wish to pass such a resolution, then ODOT would
be recommending an off-set of the intersection.
4. AGENDA ITEMS 4-7: SYSTEM DEVELOPMENT CHARGE REFUND REQUESTS: SENSITIVE LANDS
ORi,tNA,NCE: R-5 & R-7 ZONING ORDINANCE; AND, HOUSING IMPLEMENTATION PLAN.
(a) Planning Director requested that these be held over to the May 7th
meeting. Consensus of Council to hold over.
5. BUSH ANNEXATION (SUM ERCREST)
(a) Planning Director gave a brief cost analysis of annexating this island,
„ hting st—ts sewer, and tax revenue.
including cost for street ��g .•�,
He went on to say how difficult this type of analysis was for staff
(due to the hypothetical nature; i.e.: crime rate would affect police
patrol costs, etc.). He concluded by saying that as soon as the street
survey was complete, this would be much easier.
(b) Councilman Brian stated that he understood the difficulties ec the analysis, '
but felt that some standardized procedure was necessary, especially when }
Council begins considering larger annexations.
(c) Hal Bush, applicant, described his need for annexation, ise. : sewer.
He stated that he has had a problem with standing water and possible
affluent leakage. He felt that this was a potential health problem.
(d) Bob Halberg, 12175 SW Summercrest Drive, reiterated Mr. Bush's comments.
(e) Motion by Councilman Cook, seconded,by Councilman Brian to schedule a
public hearing to discuss the island annexation on May 14,-1979.
Approved by unanimous vote of Council.
procedures. Planning Director
(f) Mayor asked staff about the notification ^_pr
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stated that all property owners would be notified of the public hearing`
in writing.
6. INTERN POLICE PROGRAM
E
(a) Chief of Police, referring to a memorandum to Councilor briefly described
the program and asked for questions from Council.
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STUDY SESSION MINUTES, APRIL 30, 1979- Page 2 `
(b) Councilman Brian had several questions, including: Are the interns armed?;
How long would the term of service be?; Are they sworn?-, andi Do they
have the power of arrest? The Chief responded that the interns would not
be armed, would serve three school terms, would be sworn, and would not
have the power of arrest. Councilman Brian then questioned the need for
False Arrest Insurance. Chief responded that all persons present at the
arrest would generally be named in a suit, and as the interns would be
present, they needed the insurance.
(c) Councilman Cook questioned the provisions for payment of SAIF. Chief
stated that the Interns would be covered by the school and the remaining
Explorers would be paid for the City.
(d) Councilman. Brian asked if the Interns would receive salary. Chief stated that
they would not; the credit they receive would serve to compensate them.
(e) Councilwoman Stimler suggested that the Chief research the possibility
of arranging acedemic credit for the Explorers through the high schools.
(f) Mayor directed staff to prepare a resolution to adopt the program, for
consideration at the next regular meeting.
7. CORPORAL SALARIES
(a) Chief of Police, referring to the memorandum to Council, described the
salary survey used to analyze the Corporal salaries. He recommended
tLi,1gt.ae� than the Patrol O ficer salary.the salary be set 5%
(b) Motion by Councilman Brian, seconded by Councilman Cook to present a
salary proposal to T.P.O.A., 5% higher than the Patrol Officer salary.
Approved by 'unanimous vote of Council.
8. STREET OVERLAY BIDS.
(a) City Administrator reported that bids had been received for, the street
overlay program. The lowest bid was for $39,461.10 from Cascade. He
went on to say that this would leave $27,493 for improvements on 72nd,
etc.
(b) Councilwoman Stimler reported that the Water District plans on installing
a 36" main down Gaarde Street in August. She wondered if the overlay
could be delayed until after the Water District had installed the main.
(c) City Administrator stated that this would be possible, though it might
increase the cost. He suggested that Council wait for a report from
the City Engineer on the other jurisdiction's proposed work on the street.
He went onto suggest that %outics.i ue9311 c:viisa.derliig other atio=..s ..
could be improved with the excess funds.
(d) Consensus of Council to call a special meeting prior to the' next<study
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sessionto consider the bids again.
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STUDY SESSION MINUTES, APRIL 30, 1979 Page 3
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�. P—11Y WCAPWING PRESSURE SEWER SYSTEMS
(a) City Administrator reported that the City currently does not have a policy
to cover these systems. He went on to describe the proposed policy, which
is based on the U.S.A. policy. He stated that this would include provisions
for both temporary and permanent pump stations. He concluded by recom-
mending the adoption of the policy, stating that it provides good guidance
and criteria for evaluating projects, yet also provides flexibility.
(b) Council agreed to consider this policy at a special session prior to the
next study session.
10. OTHER
(a) Legal Counsel provided Council with copies of the S.D.C. ruling on the
Lake Oswego Systems Development Charges. He went on to say that though
our situation was similar, it was not identical, and he felt that this ruling
would not apply.
(b) City Administrator reported that the HUD audit had been completed. fie
also stated that our records were in order and that HUD would be paying
for the cost of the audit.
(c) Councilwoman Stimler had questions relating to the proposed Cook Park
water recycling program. She stated that the school district had
requested a similar p ograw and had been turned down by DEQ. She
wondered if we would be turned down on the same basis. City Administrator
said that he would look into the problem, stating that he had had conflicting
information provided to him.
RECESS: 9:25 P.M.
RECONVENED IN EXECUTIVE SESSION 9:30 P.M.
Council went into executive session_ under the provisions of O.R.S. 192.560 (1)
(a) & (b) to discuss litigation and personnel matters
Council and City Attorney discussed letter received from Joseph E. Issac III, ',
Attorney representing Officers Wheeler and Killion. Letter was in response to
City's offer to reimburseofficers regarding judgement in Berman vs. Wheeler and
Killion Case. After much discussion Council directed City Attorney to deliver
City's counter offer.
Meeting adjourned 9:45 P.M. a
City Recorder
ATTEST•
4 '
ayor
STUDY SESSION MIIUJTES, APRIL 30, 1979 - Page 4
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A WEEKLY NEWSLETTEF�
VOLUME 2 ISSUE 15 APRIL 26, 1979
TSX P_^O,TFCT .99W SIGNALIZ A-TiCv,
Staff has been notified that the Oregon Department of Transport-
ation expects to let bids for the 99T'I Sign3lization Project
sometime in August.
WE
SAFFTv GRANT.
All indications are that Tigard will receive funds for a
Traffic Safety Project. The Oregon Traffic Safety Commission
voted unani-ouslJ in favor of the city receiving x20,000.00.
,,Ie will provide "6,000.00 in matching "in--kind service".
I DD MA*LEPS PLANNING.
Planning Intern, David Ladd, has left the Planning Departpent
to complete his bar examination after graduation from Lexis
and Clark. A replaceaent is being considered.
I:OA'1J7-S AND s ISFES.
Staff attended a luncheon 'with the Loaves and Fishes group on
Wednesday. Various organizations contributed monies to tali s
group to be used in the furnishing of their new Senior Center.
It is hoped that the funds for this center will be approved
soon.
T'1-TTr- a ST RE PLACED G;d CIETA,.
"artna 1:clennan has a new associate replacing Steve ?,lest. . . .. .
aoberte 117.sperence is currently editing t::e Operations Manual
CD
for the Police Department. ` This particular grant expires in
UY_.Y o BeI yr e Jo1L71P_g ;'i Y2�? Cel vy7, {O[Jer t was elily71U 7@�i by the
Tri-County Community Council.
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