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City Council Packet - 10/13/1980 TIGARD CITY COUNCIL REGULAR MEETING OCTOBER 13, 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 [,TILL 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. APPOINTMENT OF RECORDER PRO TEM (a) Recommendation of City Administrator. 5. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS. 6. 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: September 22, 1980 & September 29, 1980 (b) Approval of Expenditures and Investments: $_148 , 817 .42 (c) Written Communications Transmittal from Oregon State Health Division to City Council re: public meeting for 10-31-80. (d) Accept and authorize signature by Mayor and City Recorder: Subdivision Compliance Agreement and Performance Bond - Lynz Court Street Dedication - William A. Godwin (Adjacent north of SW North Dakota east of SW 94th Avenue, approximately 95 feet) . (e) RESOLUTION No, 80-88 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUiiLIC IMPROVEMENTS CONSTRUCTED WITHIN EXODUS SUBDIVISION, SUBJECT TO HEREIN SPECIFIED CONDITIONS. (f) RESOLUTION No. 80-89 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN 72ND AVENUE BUSINESS CENTER (VARNS PARK) SUBDIVISION. 7. ORDINANCE No. 80- AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR AN AMENDMENT TO THE 1970 MAP OF THE CITY OF TIGARD AND FIXING AN EFFECTIVE DATE. GOLF CREEK ESTATES. t (a) Tabled at the September 22, 1980 meeting. 8. ORDINANCE No. 80- AN ORDINANCE AMENDING SECTION 9.04 OF THE TIGARD MUNICIPAL CODE, RELATING TO EFFICIENT RESERVATION OF PUBLIC YAKK AND RECREATION FACILITIES FOR GROUP ACTIVITIES AND FIXING AN EFFECTIVE DATE. (a) Recommendation of Director of Public Works. 9. AWARD CONTRACT - Senior Citizens Center (a) Recommendation of City Administrator 10. ORDINANCE No. 80- AN ORDINANCE AMENDING ORDINANCES 80-67, 80-68 and 80-69 BY LOWERING INTEREST RATES ON L.I.D. ASSESSMENTS AND LOWERING TOTAL ASSESSMENT IN ORDINANCE No. 80-68. (a) Recommendation of City Administrator. . 11. ORDINANCE No. 80- AN ORDINANCE AMENDING SECTION 17.92.020 OF THE TIGARD MUNICIPAL CODE, BY REQUIP.ING USE OF CITY FORMS FOR GIVING NOTICE OF APPEAL IN LAND USE MATTERS. (a) Recommendation of Legal Counsel. 12. ORDINANCE No. 80- AN ORDINANCE AMENDING CHAPTER 7.40 OF THE TIGARD MUNICIPAL CODE, ADDING PROVISIONS RELATING TO GREENWAYS. ,a) Recommendation of .Legal Counsel. 13. ORDINANCE No. 80- AN ORDINANCE OF THE TIGARD CITY COUNCIL REPEALING SECTION 3 OF ORDINANCE No. 80-73 and ORDINANCE No. 80-74, FIXING AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY. (a) Recommendation of City Administrator. 14. RESOLUTION No. 80- A RESOLUTION OF THE TIGARD CITY COUNCIL SUPPORTI'?G THE APPLICATION FOR FEDERAL ASSISTANCE• FOR THE DEVELOPMENT OF A DOWNTOWN REVITALIZATION PLAN FOR THE CITY OF TIGARD. (a) Recommendation of City Administrator. 15. RESOLUTION No. 80- A RESOLUTION TRANSFERRING FUNDS FOR UNFORESEEN EXPENDITURES. (a) Recommendation of City Administrator. 16. RELOCATION OF POLICE BASE STATION RADIOS (price quotes for project) (a) Recommendation of Chief of Police, 17. OTHER 18. EXECUTIVE SESSION: The: City Council will meet in Executive Session under the provisions of QRS 192.660 (2)(a) to discuss TPOA contract amendments (Sectiow 19. (c) (4)) and TMEA/OSEA Labor Negotiator. 1n. ADjOURNMENT PAGE 2 - COUNCIL AGENDA - OCTOBER 13, 1980 T I G A R D C I T Y C 0 U N C I L REGULAR MEETING MINUTES - OCTOBER 13 , 1980 - 7 : 30 P .M. 1 . ROLL CALL: Present : Mayor Alan Mickelson; Councilmen Tom Brian , John. Cook, Kenneth Scheckla ; Legal Counsel , Joe Bailey; City Administrator, Raeldon R. Barker; Director of Public Works , Frank Currie ; Planning Director, Aldie Howard; City Recorder pro-tem/Administrative Sec etary Loreen Wilson; Clerk Typist II , Lowana Murrz;,-. 2 . APPOINT CITY RECORDER PRO-TEM (a) City Administrator recommended Council appoint Loreen Wilson to act as City Recorder pro-tem in the absence of Doris Hartig. (b) Motion by Councilman Cook, seconded by Councilman Brian to appoint . Approved by unanimous vote of Council present . 3 . CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS (a) No one appeared to speak. Mayor Mickelson stated that the Public Works Director requested 6E be removed .from the agenda . 4. APPROVAL OF MINUTES - September 22 , 1980 & September 29 , 1980. (a) Motion made by Councilman Brian, seconded by Councilman Cook to approve. Approved by unanimous vote of Council present . S . APPROVAL OF EXPENDITURES AND INVESTMENTS : $148 ,817 .42 . (a) Motion made by Councilman Brian, seconded by Councilman Cook to approve. Approved by unanimous vote of Council present . 6 . WRITTEN COMMUNICATIONS Transmittal from Oregon State Health Division to City Council re : public meeting for 10-31-80 . (a) Motion made by Councilman Brian, seconded by Councilman Cook to receive and file . Approved by unanimous vote of Council present . 7 . ACCEPT AND AUTHORIZE SIGNATURE BY MAYOR AND CITY RECORDER PRO-TEM. Subdivision Compliance Agreement and Performance Bond - Lynz Court ' Street Dedication - William A. Godwin (Adjacent north of SW North Dakota east of SW 94th Avenue, approximately 9.5 feet) . Y^' (a) Motion made by Councilman Brian, seconded by Councilman Cook to approve and authorize Mayor and City Recorder pro-tem to sign. Approved by unanimous vote of Council present . $ _ RF.S07.TiTTON NT- on—on OF COUNCIL ACCEPTING o.. RESOLUTION vTHE TIGARD CIT THE PUBLIC IMPROVEMENTS CONSTRUCTED WTTHIN 72nd 7 AVENUE BUSINESS CENTER (VARNS PARK) SUBDIVISION. (a) Motion made by Councilman Brian, seconded by Councilman Cook to adopt. Approved by unanimous vote of Council present . 9 . Oi DILYA1VliP. No. 80-81 AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR AN AMENDMENT TO THE 1970 MAP OF THE CITY OF TIGARD AND FIXING AN EFFECTIVE DATE . GOLF CREEK ESTATES . (a) Motion made by Councilman Brian, seconded by Councilman Cook to remove from table from the September 22 , 1980, meeting . Approved by unanimous vote of Council present. (b) Legal Counsel explained what changes had been made in the Ordinance by removing conditions #5 , 11 , and 20 and replacing them with con- dition #18 . Legal Counsel recommended approval . (c) Motion by Councilman Cook, seconded by Councilman Scheckla to adopt . Approved by unanimous vote of Council present. 10. ORDINANCE No. 80-82 AN ORDINANCE AMENDING CHAPTER 7. 40 OF THE TIGARD MUNICIPAL CODE, ADDING PROVISIONS RELATING TO GREENWAYS . (a) Legal Counsel asked that agenda item #12 be heard at this time , because it relates so close to the previous Ordinance, since it deals with greenways . (b) Councilman Brian asked the Planning Director if he was satisfied with the way this Ordinance handled sensitive lands . Planning Director stated that he was satisfied. (c) Motion by Councilman Cook, seconded by Councilman Scheckla to adopt . Approved by unanimous vote of Council present . 11. ORDINANCE No. 80-83 AN ORDINANCE AMENDING SECTION 9.04 OF THE TIGARD MUNICIPAL CODE, RELATING TO EFFICIENT RESERVA- TION OF PUBLIC PARK AND RECREATION FACILITIES FOR GROUP ACTIVITIES AND FIXING AN EFFECTIVE DATE. (a) Public Works Director explained the changes made by this Ordinance Section 3 : (d) regarding reserving fields through the Tigard Field Use Committee is a new section. Section 4: (3) $20.00 charge for cleaning of barbecue grates because of additional costs incurred by the City because of abuse or excessive clean- up repair. PAGE 2 - REGULAR COUNCIL MINUTES, October 13 , 1980 17' (b) Councilman Cook asked how active the Tigard Field Use Committee is and if they are scheduling for all fields . Public Works �.... Director stated the comimittee is ac Live twice a yea — in tha u spring with little league and again in the fall with soccer. (c) Councilman Brian asked that Section 5 : (1) be removed from the Ordinance and the other items be renumbered. (d) Motion made by Councilman Brian, seconded by Councilman Cook to adopt the ordinance as amended. Approved by unanimous vote of Council present. 12 . AWARD CONTRACT - Senior Citizens Center (a) City Administrator reported that he and Councilman Brian attended the Policy Advisory Board meeting of October 9th and the City of Tigard was awarded $85 ,050 for the Senior Citizen Center . City Administrator asked Vern Christensen to present the Senior Citizen ' s offer to the Council . (b) Vern Christensen, Treasurer of Loaves & Fishes , stated at their last Steering Committee Meeting they voted to come forth with $27 ,700 (monies in their_ savings) to finish the basement in the new senior citizen building. He stated that a Washington County Grant is available to furnish the kitchen and they will solicite funds to furnish the building. (c) City Administrator asked that Loaves & Fishes put this in letter form addressed to Tigard City Council . (d) Gary Chamberlin, 8825 S .W. O'Mara , stated his concerns regarding the safety of the street and entrance, and the off site sidewalks as to where the funds will be coming from and the date that these two items will be taken care of. (e) Mayor Mickelson, after much discussion by Council , summed up the discussion by saying that the street will be improved to standard conditions and the sidewalks will be funded by a Hud Grant which takes effect as of July 1 , 1981 . (f) Bill Brunner, John Kyle Architect Assoc . , gave Council the initial contract and various performance bonds and sugge3ted that an addendum be added separately for the basement. (g) Motion made by Councilman Brian, seconded by Councilman Scheckla to award the bid to D.M.Thompson, Inc . for $359 .200 and authorize the Mayor to sign the contract as it reads now and award bid for the basement at the next meeting. Approved by unanimous vote of Council present . a PAGE 3 - REGULAR COUNCIL MINUTES October 13 , 1980 13 . ORDINANCE No . 80,-84 AN ORDINANCE AMENDING ORDINANCES 80-67 , 80-68 AND 80-69 BY LOWERING INTEREST RATES ON L. I .D. ASSESSMENTS AND LOWERING TOTAL ASSESSMENT IN ORDINANCE NO. 80-68 (a) Legal Counsel informed Council that three LID ' s were formed be- fore we raised the interest rates , they were Pembrook, Katherine and 121st which read 10% on the ordinance and the people were notified interest would be 7%. This ordinance would lower the interest rate to 7% and correct the $20 . 00 difference in the total assess- ment amount in Ordinance 80-68 . (b) Motion made by Councilman Cook , seconded by Councilman Scheckla to adopt . Approved by unanimous %10fP of Council present. 14. ORDINANCE No . 80-85 AN ORDINANCE AMENDING SECTION 18 . 92 .020 OF THE TIGARD MUNICIPAL CODE, BY REQUIRING USE OF CITY FORMS FOR GIVING NOTICE OF APPEAL IN LAND USE MATTERS . (a) Legal Counsel summarized background and recommended approval . (b) Motion made by Councilman Cook, seconded by Councilman Brian to adopt . Approved by unanimous vote of Council present . 15 . ORDINANCE No. 80-86 AN INGOSECTIONE300FTHE TIGARD CIY ORDINANCE NoT80COUNCIL 73AND ORDINANCE NO. 80-74, FIXING AN EFFECTIVE DATE, AND DECLAR- ING AN EMERGENCY. (a) City Administrator stated this is a housecleaning ordinance that removes a clause that would require the City to record all Zone Change Ordinances i•,ith Washington County and recommended that we repeal that section of these Ordinances . (b) Motion made by Councilman Brian, seconded by Councilman Scheckla to adopt . Approved by unanimous vote of Council present . 16 . RESOLUTION No. 80-90 EUTION OF THE APPLICCATION TIGARD FORFEDERAL ASSISTANCEPFORT SUPPORT- ING THE THE DEVELOPMENT OF A DOWNTOWN REVITALIZATION PLAN FOR THE CITY OF TIGARD. (a) City Administrator said this resolution is required to receive funds through Washington County' s Community Development Block Grant Program and recommended approval . PAGE 4 - REGULAR COUNCIL MINUTES , October 13 , 1980 (b) Motion by Councilman Cook, seconded by Councilman Brian to adopt . Approved by unanimous vote of Council present . 17 . RESOLUTION No. 80-91 A RESOLUTION TRANSFERRING FUNDS FOR UNFORSEEN EXPENDITURES . (a) City Administrator stated that a transfer of funds is needed to finance two calculators ; one for the finance department and one for the building department . (b) Motion made by Councilman Brian, seconded by Councilman_ Scheckla to adopt . Approved by unanimous vote of Council present . 18 . RELOCATION OF POLICE BASE STATIONS RADIOS (Price Quotes for project . ) (a) City Administrator reported for the Chief the bids which were received from two bidders . Following is a list of bidders . ------------------------------------------------------------------- 1 . General Electric Mobile Radio Quote $3 ,669 .00 ($169 over budget) Hardware $2 , 174 and Labor $1 ,495 . 2 . Communication Enterprises of Oregon Inc . Quote $1 ,300 (Hardware $2 , 174 from General Electric Mobile Radio) Total $3 ,474 ($26 .00 under budget) . ---------------------------------------------------------------------- City Administrator recommended that the City purchase the hard- ware from G. E. under the State bid at $2 , 174 and award the labor to Communications Enterprises in the amount of $1 ,300 .00 . (b) Motion made by Councilman Briar., seconded by Councilman Cook to award the bid as recommended by City Administrator. Approved by unanimous vote of Council present . 19 . OTHER (a) City Administrator invited Council to attend two meetings , October 15 , 1980 Kiwanis , November 3 , 1980 , Summerfield Civic Organization, where he will be presenting the Tax Base Proposal . (b) City Administrator explained the process of narrowing 222 applicants down to hire a Research and Development Aide, Linda Sargent, starting to work on October 16 , 1980 . (c) City Administrator checked Nancie Stimler' s request regarding receiving HUD funds for vans for the Senior Citizens and that it is not an eligible item for funding. PAGE 5- REGULAR COUNCIL MINUTES , October 13, 1980 invitation received from the Cit of (d) City Administrator read an y Tuannlatin, re : Senator Hatfield visit at Ramada Inn, October 25 , 1.980 , for a luncheon. (e) City Administrator explained that we received a 60mg disc for the Wang Computer instead of the 26mg which was ordered . The Wang Computer Company will assume the cost of the difference between the two mg discs . (f) Councilman Brian asked about the traffic lights on Pacific High- way and if the synchronizing couldn ' t be more accurate . (g) Councilman Scheckla would like to see a Resolution of appreciation go to Vern Christensen for the many hours he ' s spent on the Senior Citizen Center. RECESS REGULAR SnSSION 9 : 25 P.M. 20. RECONVENE IN EXECUTIVE SESSION: 9 : 35 P.M. The City Council met in executive session under the provisions of ORS 192 .660 (2) (a) to discuss the sale of the Pinebrook Property. Council discussed the proposed sale of Lot #1 Pinebrook Terrace . Phil Kelleher, Sam Gotter Realtors was invted into executive session to answer questions regarding the proposal made by Bill Hoffee to pur- chase the above property from the City of Tigard. One of the con- ditions of the proposed sale is that the purchaser receive a variance and/or conditional use to construct 4 townhouse type units on the parcels . City Council made it clear that while the purchase price offered was a fair price, the City did not endorse the use of the applicant will have to go through the property for townhouses . The regular steps , City staff and Planning Commission , to obtain a variance and/or conditional use. RECESS EXECUTIVE SESSION: 9 : 55 P.M. RECONVENE REGULAR MEETING: 9 : 55 P.M. Motion by Councilman Brian, seconded by Councilman Cook to accept the offer of $40,500 and that upon the acceptance of a promisary note of $1 ,000 and upon the purchaser ' s receipt of a variance or conditional use that are needed from the City, that the sale of the property be closed. Council expressed their concern that this acceptance of the bid not be misconstrued to indicate Council ' s endorsment of the variance or con- _ ditional use requests . Motion to accept the offer of $40,500 was approved by unanimous vote of Council present . RECESS REGULAR MEETING: 10:00 P.M. PAGE 6 - REGULAR COUNCIL MEETING, October 13 , 1980 RECONVENE EXECUTIVE SESSION: 10:00 P.M. The City Council met in executive session under the provisios of ORS 192 . 660 (2) (a) to discuss TPOA contract amendments Section 19 (c) (4) and the TMEA./OS_`A Labor Negotiator. Discussed proposed amendment to the 1980-82 TPOA contract , Article 19 , Overtime Section (a) (4) , Discussed proposed contract with Smith-Larson Company to represent City in negotiations to completion of contract between City and TMEA/ OSEA for fiscal year 1981-82 . EXECUTIVE SESSION ADJOURNED: 10: 10 P.M. RECONVF.N_P. RPr-TTT.AA �EVJIVLV : iv : iv F.ii, Motion by Councilman Cook, seconded by Councilman Brian to amend 1980- 82 contract between City and TPOA, Article 19 , Overtime, Section (a) (4) to read: "Any employee who is required to perform the above listed duties on his scheduled day off shall be compensated one (1) addition- al hour to the above listed minimums . " Approved by unanimous vote of Council present . Motion by Councilman Brian, seconded by Councilman Scheckla to authorize Mayor to sign agreement between City and Smith-Larson Company. Smith-Larson Company to represent City in negotiations to completion of contract between City and TMEA/OSEA for the fiscal year 1981-82. City agrees to pay $50.00 per hour; but not tc exceed a maximum of $4,500 . Approved by unanimous vote of Council present . 21 . ADJOURNMENT: 10: 12 P.M. J City Recor er ro-Tem ATT i r � PAGE 7 - REGULAR COUNCIL MEETING, October 13, 1980 Da to -A—1 F I I Zvi ch to testify before the Tigard City Council on the following item: (Please Print your name) Item Descr i.p tion:_Zi i A r Proponent (for) Opponent (against) ::ame, Address and Affiliation Name, Address and Affiliation i i! PAYMENT OF BILLS FOR COUNCIL APPROVAL 9-30-80 PROGRAM BUDGET Community Protection ' Police .26 , 785 -54 Public Works 10,573 . 14 Municipal Court 798.88 Planning 875 -57 Building _ 1 ,025 . 79 Total Community Protection 40,058.92 Home & Community Qualitv Public Works 24, 972 . 18 Social_ Saryircc Library Aged Services Youth Services Historical Total Social Services 2 ,511 .44 Policy & Administration Mayor & Council 895 .82 Administration 6 3 7 .27 Finance _1 . 7-11 . 78 Total Policy & Administration 3 .244.87 City Wide Support Functions Non-departmental 12 ,613 .64 Misc. Accounts (refunds & payroll deductions, etc.) 23, 763 . 71 CAPITOL BUDGET Community Protections Road Acquisition & Dev. 168.49 Parks Acquisition & Dev. 221 .84 Storm Drainage Total Community Protection. scan �� Support Services Building Improvements 4, 647 '� DEBT SERVICE General Obligation Bond Bancroft Bond 3, 610. 69 UNIFIED SEWERAGE AGENCY Contract 32 ,954.31 TOTAL AMOUNT OF CHECKS WRITTEN 148,817 -42 C�7 Department of Human Resources HEALTH DIVISION VICTOR ;"E" 620 S.W. 6th AVENUE, PORTLAND, OREGON 97204 PHONE 229-5796 Mailing Address: P.O. Box 231, Portland, Oregon 97207 October 3, 1980 RECEIVED nn�- U V l 8 1980 Tigard City Council P.O. Box 1.i.5y% +, � y CITY OF Tigard, OR 97223 Dear Council Members: On October 31 , 1980 the Governor's Committee on Public Health Services in Oregon will hold a public meeting in Portland. The Committee is specifically charged to examine: "a. Current laws governing basic public health services, b. Current state and local public health agency organiza- tional relationships, and c. Current financing of public services, to recommend necessary changes in any of the above areas, with particular emphasis on the relationship between state and local public health agencies." If you or any other interested party would "like to make a presenta- tion to the Committee, please contact me at the above address or call me in Portland at 229-5796. The meeting will be in the Ballroom of the Kaiser Permanente Education and Conference Center, 3425 N. Montana St. , Portland. Sincerely, Ann Paes Nursing Consultant Community Health Assistance AP/bp AN EQUAL OPPORTUNITY EMPLOYER S-26 A EMERGENCY PHONE (503) 229-5599 MEMORANDUM To: City Administrator From: Chief of Police Subject: Relocation of Police Base Station Radios (Price Quotes for Project) Date: October 6 , 1980 Sir: I wish to advise that Ihave received price quotes for the above project, and they are as follows : a. General Electric Mobile Radio Quote $3, 659 . 00 ($169 over budget) Hardware $2, 174 and Labor $1 ,495 . b. Communication Enterprises of Oregon Inc . Quote $1 ,300 (Hardware $2, 174 from General Electric Mobile Radio) Total $3,474 ($26.00 under budget) . The above price quotes were developed between the above propos`d vendors when it was learned that the City could purchase the antenna hardware from General Electric Mobile Radio under the State of Oregon Forestry Bid, which was not available through Communication Enterprises of Oregon Inc . Therefore, it is my recommendation that the City purchase the hardware from G.E. under the State bid at $2 , 174 and award the labor to Communications Enterprises in the amount of $1 ,300. 00 who are currently doing all of the City 's radio maintenance. This would preclude the need to draft a formal labor agreement , as work of this nature is currently in the maintenance agreement as a time and material item. Respectfully Chief of Police CONTRACTUAL SERVICES AGREEMENT Between SMITH-LARSON COMPANY And CITY OF TIGARD For services provided by Smith-Larson Company as the Employer's representative in negotiations to completion on contract between City of Tigrrd and TMEA/OSEA General Employee Unit for the fiscal year 1980-81 . The City of Tigard agrees to pay Fifty Dollars ($50.00) per hour, but not to exceed a maximum of Four Thousand Five Hund:-2d Dollars ($4,500.00) , plus reasonable actual expenses (mileage, phone calls, etc.) A retainer fee of One Thousand Dollars ($1 ,000-00) shall be paid upon acceptance of this Agreement. The remainder will be paid as reasonably billed on a periodic basis. This fee does not cover attorney services or the cost of other legal proceedings. It is understood that all necessary clerical and accounting support is to be provided by the Employer. 511 � CITY OF TIO SMITH-LARSON COMPANY APd Date Dates r