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City Council Packet - 05/13/1981 L � f� ➢k s k z 24 �. F S Z ,i iii w. T I G A R D C I T Y C O U N C I L SPECIAL MEETING MINUTES, MAY 13, 1581, 7:00 A.h:. 1. ROLL CALL: Present: Mayor Wilbur Bishop; Councilmen Tom Brian (arriving at 7:21 AM) , John Cook (leaving at 8:45 AM) ; Councilwoman Nancie Stimler; Acting City Administrator/Director of Public Works, Frank Currie; Finance Director/City Recorder, Doris Hartig; Administrative Secretary, Loreen Wilson. 2. Mayor Bishop stated the purpose of the special. meeting was to discuss the duties and responsibilities of the Acting City Administrator and an agreement setting forth conditions of appointment. Other items relating to this issue to be discussed were the duration of the appointment, selection procedure for the replacement of the City Administrator, salary for the interim appointee and and priorities which need to be addressed. (a) Mayor Bishop noted that Council would not want circumstances to arise again which would lead to a situation as recently experienced with the City Administrator's position. The Mayor suggested that Council consider hiring a new Administrator with a contract, instead of an agreement, which would have a term noted for expiration with a clause for renewal if approved by both parties. Councilman Brian arrived: 7:21 AM Consensus of Council was to consider this option. (b) Council discussed the possible selection procedure to use for hiring a new City Administrator. After lengthy discussion, consensus of Council was to direct staff to contact League or Oregon Cities and Helen Terry (City of Vancouver) and request information regarding their proposed selection schedules, cost of process and what existing lists of qualified applicants might be available. Council discussed items that should be addressed in a job description for the Administrator's position. Consensus of Council was to consider development of a job description for that position at the May 18th Council meeting. (c) Acting City Administrator addressed some concerns to Council regarding the temporary appointment, noting especially the duration of the appointment, and wordage of the agreement or contract. (d) Council and Acting City Administrator continued to discuss wordage of the employment agreement. Consensus of Council was met on wordage and the amended agreement is to be presented for consideration at the May 18th meeting. (e) Finance Director discussed with Council what reports or information they would want presented on the training of City employees. Consensus of Council was to have a monthly "personnel report" noting training and education received by all employees. The first report should include information on the education received by the Planning Director and Chief of Police. (f) Acting City Administrator discussed at great Length with Council what priorities are .for his position. Consensus of Council was to have each member make a list of their own priorities, have a composite made to be graded by staff and Council on an individual basis. The grading will then be compared to select the top priorities for the Administrator. Staff will include time and cost factors on all proposed priorities before grading occurs. Councilman Cook left: 8:45 AM (g) Discussion followed regarding possible meetings with Council and staff to exchange individual ideas and concerns, and to create an atmosphere of open communications. (h) Council requested staff consider different alternatives to the seating arraignment at Council meetings and report back. (i) Council discussed future attendance requirements for the City Attorney at Council meetings. Consensus of Council was to wait until new attorney had been with Council awhile before any changes in current policy would be made. (j) Council requested staff submit samples of "avoid verbal message" forms which could be used by Council to request information and/or action from departments. This will be supplied in the May 18th packet. (k) Acting City Administrator stated he felt Council involvement with individual Department Heads would increase communication. Council discussed the possibility of having Council members serve with a Department Head and consider having meetings wick their department from time to time. (1) Acting City Administrator stated that a new form for Council packets might be helpful. This could show a brief synopsis of the history of the request, what action staff was requesting and make a written document for. Council consideration. Consensus of Council was to review such a form when developed. 3. ADJOURNMENT: 9:45 AM ev City Recorder It ATTEST: L/ Mayor PAGE 2 - COUNCIL MINUTES - MAY 13, 1981 TIGARD CITY COUNCIL REGULAR MEETING MAY 11, 1981, 7:30 P.M. FOWLER JUNIOR HIGH SCHOOL LECTURE R0014 NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM IMUST SIGN THEIR NAME ON THE APPROPRIATE SIGN-UP SHEET(S) LOCATED AT THE BACK OF THE ROOM. PERSONS DESIRING TO SPEAK WILL 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. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS. 5. 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 cnember or member of the audience, that item will be removed from the consent agenda and will be considered separately.) (a) Approval of Minutes: April 23, 27, 28, 30, and May 4 , 1981 (b) Approvalof Expenditures and Investments: $ 143,841.74 (c) Written Communications: Receive and File Transmittal from League of Oregon Cities re "Cities ' Day at the Capitol" Transmittal from Boy Scout Troop 224 of Sherwood re request for Tigard Explorer Scout van. Transmittal from City of Salem re House Bill 3159. Transmittal from Jean's Flowers re "Bucket Flower Peddlers" (see agenda item #30 ) (d) RESOLUTION No. 81- 44 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN SUMMERFIELD No. 6 SUBDIVISION Public Works Director recommends approval. (e) RESOLUTION No. 81- 45 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN SUMMERFIELD DRIVE, [,TEST OF SW 98TH AVENUE. Public Works Director recommends approval. ti (f) RESOLUTION No. 81- 46 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN LYNZ COURT SUBDIVISION, SUBJECT TO HEREIN SPECIFIED CONDITIONS. Public Works Director recommends approval. 6. ORDINANCE No. 81-19 AN ORDINANCE AMENDING CHAPTER 18.56 OF THE TIGARD MUNICIPAL W CODE, RELATING TO PLANNED DEVELOPMENT DISTRICT (P-D) (a) Ordinance No. 81-19 requires second reading. 7. ORDINANCE No. 81-21 AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER No. 1667, AND ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD TO CONFORM WITH THE NPO #2 PLAN AS ADOPTED AND DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. (Cascade Annexation) . (a) Ordinance No. 81-21 requires second reading. S. ORDINANCE No. 81- AN ORDINANCE AMENDING ORDINANCE No. 80-51 BY CORRECTING THE AMOUNT FOR WHICH COP?STRUCTION WARRANTS MAY BE ISSUED; DECLARING AN EMERGENCY. (a) Recommendation of Finance Director. 9. ORDINANCE No. 81- AN ORDINANCE PROHIBITING TEMPORARILY PUBLIC USE OF SUMMER LAKE PARK; CREATING PENALTIES; DECLARING AN EMERGENCY. (a) Recommendation of City Administrator. 10. AMENDMENT TO TIGARD/AMART/WEDGEWOOD SEWER CONTRACT (a) Recommendation of Legal Counsel. 8:00 P.M. PUBLIC HEARINGS 11. ZONE CHANCE ANNEXATION ZCA 7-81 (I-5) NPO #4 A request by the City of Tigard for an annexation of an area into the City limits of the City of Tigard for the right-of-way of Interstate Highway 5 from Haines Street southerly to the north line of Elmhurst Street which area abutts City of Tigard 'C-P "Commercial-Professional" zone. (a) Public Hearing Opened (b) Summation by Planning Director (c) Public Testimony Proponents Opponents Cross Examination (d) Recommendation of Planning Director (e) Public Hearing Closed (f) Consideration by Council (g) ORDINANCE No. 81- AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER NO. 1666, AND ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD TO CONFORM WITH THE NYU #4 PLAN AS ADOPTED AND DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. (I-5 ANNEXATION) 12. ZONE CHANGE ANNEXATION 8-81 (LARSEN) NPO #4 A request by property owners for a zone change from various Washington County zones to City of Tigard A-40 "Multifamily Residential Zone" and C-P "Commercial-Professional" Zone" and annex the area into the City limits in the area of SW Atlanta Street south to SW Gonzaga Street. (Wash. Co. Tax Map 1S1 36DD, Tax Lots 800, 801, 900, 1000, 1100, 1300, 1400, 1500, 1700, 1702, 2600, 3001, 3200, 3290, 3300, 3301, 3400, 3402, 3403, 3500, 3600, 3700, 3800, 3900, 4800, 4900, 5000, 5100, 5300, 5400, 5500, 5600, 5700, 5800, 5900, 6000, 6100, 6200, 6300, 6500, 6600, 6700, 6800, 6900, 7500, and 7600; PAGE 2 - COUNCIL AGENDA - MAY 11, 1981 b Tax Map 2S1 IAA, Tax Lots 100, 1200, 1301, 1400, 1700, 1900, 2000, 2100, 2200, 23007 2301, 2400, 2600, 2800, 2900, 3000, 3100, 3200, 3300, 3400, 3500, 3600, 3601, 3700, 3800, 3900, 3901, 4000, 4100, 4300, 4400, 4500, 4900, 5000, 5100, 8200, 8300, 8400, IIIIIIIIIIIIIIM 8500, 8600, 8700, 8900, 9000, 9100, 9101, 9103, 9105, 9106, 9107, and 9001; Tax Map 2S1 1AD, Tax Lots 2600 and 2700.) (a) Public Hearing Opened (b) Summation by Planning Director (c) Public Testimony Proponents Opponents Cross Examination (d) Recommendation of Planning Director (e) Public Hearing Closed (f) Consideration by Council (g) ORDINANCE No. 81- AN ORDINANCE RATIFYIPdG ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER No. 1668, AND ADOPTING FINDINGS WITH RESPECT TO AN AI-IENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD TO CONFORM WITH THE NPO 464 PLAN AS ADOPTED AND DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. (LARSEN ANNEXATION) 13. ZONE CHANGE ANNEXATION 9-81 (DURHAM) NPO 465 A request by property owners for a zone change from various Washington County zones to City of Tigard M-4 "Industrial Park Zone11 and annex the area into the City limits in the area of SW Durham Road near SW Upper Boones Ferry Road. (Wash. Co. Tax Map 2S1 13B, Tax Lots 100, 101, 200, and 201; Tax Map 2S1 12C, Tax Lots 2200, 2203, and 2301; Tax Map 2SI 12D, Tax Lot 1500.) (a) Public Hearing Opened (b) Summation by Planning Director (c) Public Testimony Proponents Opponents Cross Examination (d) Recommendation of Planning Director (e) Public Hearing Closed (f) Consideration by Council (g) ORDINANCE No. 81- AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER No. 1684, AND ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD TO CONFORM WITH THE NPO 465 PLAN AS ADOPTED AND DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. (DURHAM ANNEXATION) . 14. ZONE CHANGE ANNEXATION 10-81 (GF.NTLEWOODS/GOITER) NPO 465 A request by Sam Gotter for a zone change from RU-4 to City of Tigard R-7PD "Single Family Residential Planned Development" and annex the area into the City limits in the area of 15220 SW 79th Avenue (Wash. Co. Tax Map 2S1 12C, Tax Lots 1401 and 1403) . (a) Public Hearing Opened (b) Summation by Planning Director (c) Public Testimony Proponents Opponents Cross Examination (d) Recommendation of Planning Director (e) Public Hearing Closed (f) Consideration by Council PAGE 3 - COUNCIL .AGENDA - MAY 11, 1981 (g) ORDINANCE No. 81- Ali ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER No. 1685, AND ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD TO CONFORM WITH THE NPO 465 PLAN AS ADOPTED ARID DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. (GENTLEWOODS) 15. PERFORMANCE REVIEW OF CITY ADMINISTRATOR (a) Recommendation of City Council. 16. ORDINANCE No. 81- AN ORDINANCE REGULATING THE USE OF SOUND TRUCKS WITHIN THE CITY. (a) Recommendation of Chief of Police. 17. ORDINANCE No. 81- AN ORDINANCE AMENDING SECTION 7.40.070-NOISE OF THE TIGARD MUNICIPAL CODE BY ADDING RESTRICTIONS ON THE USE OF PORTABLE SOUND A14PLIFYING EQUIPMENT. (a) Recommendation of Chief of Police. 18. ORDINANCE No. 81- AN ORDINANCE REQUIRING PERMITS FOR CERTAIN EVENTS USING AMPLIFIED SOUND AND A14ENDING SECTION 7.40.070 OF THE TIGARD MUNICIPAL CODE. (a) Recommendation of Chief of Police. 19. ORDINANCE No. 81- AN ORDINANCE AMENDING SECTION 7.32.110-PUBLIC INDECENCY OF THE TIGARD MUNICIPAL CODE. (a) Recommendation of Chief of Police. 20. ORDINANCE No. 81- AN ORDINANCE PROVIDING FOR DISPOSITION OF ABANDONED, FOUND, SEIZED AND STOLEN PROPERTY. (a) Recommendation of Chief of Police. 21. ORDINANCE No. 81- AN ORDINANCE AFFIRMING THE DECISION OF THE PLANNING COMMISSION, DENYING APPLICATIONS FOR CONDITIONAL USE (CU 14-80) AND VARIANCE (V 15-80) . (a) Recommendation of Legal Counsel. 22. HAMPT014 STREET PLAN AND SPECIFICATIONS (a) Discussion by Consultant. 23. RESOLUTION No. 81- A RESOLUTION OF THE TIGARD CITY COUNCIL TRANSFERRING FUNDS FOR UNANTICIPATED EXPENSES. (a) Recommendation of Head Librarian. 24 . WASHINGTON COUNTY HOUSING AUTHORITY AGREEMENT (a) Recommendation of City Administrator. 25. RESOLUTION No. 81- A RESOLUTION OF THE TIGARD CITY COUNCIL REQUESTING AN ANNEXATION PETITION BE FORWARDED. TO THE BOUNDARY REVIEW COMMISSION. (Short Title - Randall) . (a) Recommendation of Planning Director PAGE 4 - COUNCIL AGENDA - MAY 11, 1981 26. REPORT REGARDING ALARM FEES (a) Report by the Chief of Police. 27. SCHEDULE JOINT STUDY SESSION WITH PLANNING COMMISSION REGARDING ASH AVENUE EXTENSION (a) Request by Planning Director. 28. RESOLUTION No. 81- DECLARING AN INTENTION TO CONSTRUCT CERTAIN SANITARY SEWER IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE A SEWER IMPROVEMENT ASSESSMENT DISTRICT TO BE K14014N AS LOCAL IMPROVEMENT DISTRICT No. 28 FOR S.W. TIEDEI4AN STREET DESCRIBING THE PROBABLE TOTAL COST_ THEREOF; DEFINING THE BOUNDARY OF THE DISTRICT TO BE BENEFITED AND ASSESSED; DIRECTING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE WORK AND ESTIMATES OF THE CITY'S ENGINEER; AND SETTING PUBLIC HEARING AND DIRECTING THE GIVIPiG OF NOTICE THEREOF. (a) Recommendation of Director of Public Works. 29. RESOLUTION No. 81- DECLARING AN INTENTION TO CONSTRUCT CERTAIN SANITARY SEWER IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE A SEWER IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS LOCAL IMPROVEMENT DISTRICT No. 26 FOR S.W. KNOLL DRIVE; DESCRIBING THE PROBABLE TOTAL COST THEREOF; DEFINING THE BOUNDARY OF THE DISTRICT TO BE BENEFITED AND ASSESSED; DIRECTING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE WORK AND ESTI14ATES OF THE CITY'S ENGINEER; AND SETTING PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF. (a) Recommendation of Director of Public Works. 30. OTHER (a) Jean's Flowers - Consideration of Correspondence. 31. EXECUTIVE SESSION - The Tigard City Council will hold an executive session per ORS 192.660 (2) (a) for the purpose of discussing purchase of property. 32. ADJOURNMENT. f .x PAGE 5 - COUNCIL AGENDA - MAY 11, 1981 x- T I G A R D C I T Y C 0 U N C I L REGULAR MEETING MINUTES - MAY 11., 1981 - 7:30 P.M. 1. ROLL CALL: Present: Mayor Wilbur Bishop; Councilmen Tom Brian, John Cook, Kenneth Scheckla; Councilwoman Nancie Stimler; Chief of Police, Robert Adams; Legal Counsel, Joe Bailey, City Administrator, Raeldon R. Barker/ left9: 12PM- Director of Public Works, Frank Currie; Finance Director/City Recorder, Doris Hartig; Planning Director, Aldie Howard; Administrative Secretary, Loreen Wilson. 2. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS. (a) Mr. LaValle Allen, 7540 S.W. Hermosa, expressed his disappointment in the actions of the Mayor and Council and stated he questioned the annexation processes, City Attorney selection process and the dismissal of the City Administrator. Councilman Scheckla stated he wanted to go on record again as being opposed to island annexation when initiated by the Council. (b) Mr. Tony McCasline, 11570 S.W. Terrace Trails, requested agenda item No. 15 "Performance Review of City Administrator" be moved up to the first of the agenda since many people were in the audience to hear the item. Mayor Bishop stated the public hearing would start at 8:00 P.M. and after that the Council would consider the City Administrator review. (c) Ms. Marge Davenport, 15100 S.W. 109th Avenue, requested strong Council and expressed desire not to be annexed into the city. She stated support of Council. 3. APPROVAL OF MINUTES: April 23, 27, 28, 30 and May 4, 1981. (a) Mayor Bishop requested minutes from April 27, 1981, be corrected on Page 5 number 14 (g) to read as follows: "Mayor Bishop expressed his feelings that the owner of the property should have the right to decide what type of development to place on the site if it does not violate the permitted uses in that zone." He requested staff listen to the tape from that meeting_ and check the wordage on the next sentenance, if it is what was said he wished it to be retained in the minutes. "His opinion was that Council did not have that right." (b) Mr. Tony McCasline requested Council discuss the matter of the April 23rd minutes being incomplete. Considerable disturbance was created during this time. Mayor Bishop requested the Chief of Police to speak to the audience. (c) Chief of Police advised audience that the first amendment to the U.S. Consti- tution does allow for freedom of speech, however, he encouraged the audience to operate under the perameters of the law and that the Council was lawfully assembled and 4 `retitled to conduct business. r . (d) Mr. McCasline stated he wished Council to address the issue of the incomplete minutes for April 23rd. (e) Legal Counsel stated the City never takes verbatium minutes of the Council meetings. (f) After further disruption, Lieutenant Jennings from the Tigard Police Depart- ment requested Mr. McCasline be seated. (g) Motion by Councilian Briar.., seconded by Councilman Cook to approve as amended. Approved by unanimous vote of Council. 4. APPROVAL OF EXPENDITURES AND INVESTMENTS: $143,841 .74 (a) Motion by Councilman Brian, seconded by Councilman Cook to approve. Approved by unanimous vote of Council. 5. WRITTEN COMMUNICATIONS: Receive and File Transmittal from League of Oregon Cities re"Cities ' Day at the Capitol". Transmittal from Boy Scout Troop 224 of Sherwood re request for Tigard Explorer Scout van. . Transmittal from City of Salem re House Bill 3159. Transmittal from Jean's Flowers re "Bucket Flower Peddlers". (a) Motion by Councilman Brian, seconded by Councilman Cook to receive and file. Approved by unanimous vote of Council. (b) Mayor Bishop noted that these letters would be considered under other business also. 6. RESOLUTION No. 81-44 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN SUMMERFIELD No. 6 SUB- DIVISION. (a) Notion by Councilman Brian, seconded by Councilman Cook to adopt. Approved by unanimous vote of Council. 7. RESOLUTION No. 81-45 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC ._.� IMPROVEMENTS CONSTRUCTED WITHIN SUMMERFIELD DRIVE, WEST OF SW 98TH AVENUE. (a) Motion by Councilman Brian, seconded by Councilman Cook to adopt. Approved by unanimous vote of Council. 8. RESOLUTION No. 81-46 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN LYNZ COURT SUBDIVISION, SUB- JECT TO HEREIN SPECIFIED CONDITIONS. PAGE 2 - COUNCIL REGULAR MEETING MINUTES, May 11, 1981 4' (a) Motion by Councilman Brian, seconded by Councilman Cook to adopt. Approved by unanimous vote of Council. 9. ORDINANCE No. 81-19 AN ORDINANCE AMENDING CHAPTER 18.56 OF THE TIGARD 14UNICIPAL CODE RELATING TO PLANNED DEVELOPMENT DISTRICT (P-D) . (a) Ordinance No. 81-19 requires second reading. (b) Motion by Councilman Brian, seconded by Councilman Cook to adopt. Approved by 4-1 majority vote of Council, Councilman Scheckla voting nay. 10. ORDINANCE No. 81-21 OMMISSION ORDERRATIFYING No. 16671,EANDION OF ADOPTINGNFINDINGSTHE WBOUNDARY RESPECT TO AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD TO CONFORM WITH THE NPO #2 PLAN AS ADOPTED AND DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. (Cascade Annexation) . (a) Ordinance No. 81-21 requires a second reading. (b) Motion by Councilman Brian, seconded by Councilwoman Stimler to adopt. Approved by 4-1 majority vote of Council, Councilman Scheckla voting nay. 11. ORDINANCE No. 81-27 AN AMOUNTIFORCWHIICHNDING CONSTRUCTIONCWARRANTS MAYBBECORRECTING ISSUED; DECLAR- ING AN EMERGENCY. (a) Motion by Councilwoman Stimler, seconded by Councilman Scheckla to adopt. (b) Finance Director recommended approval for the 74th Avenue sewer LID. Approved by unanimous vote of Council. 12. ORDINANCE No. 81-28 ORARILY PUBLIC USE OF SUMMFR AKERPAR10,CCREATTINGPROHIBITING PENALTIES; DECLARING AN EMERGENCY. (a) City Administrator recommended approval and noted the park would be posted for "no trespassing" until Juiy 1, 1982. (b) Motion by Councilman Brian, seconded by Councilwoman Stimler to adopt. Approved by unanimous vote of Council. 13. AMENDMENT TO TIGARD/Ai1ART/WEDGEWOOD SEWER CONTRACT (a) Legal Counsel gave brief historical view of situation and stated that this addendum to the contract would exclude Summerhills Park LID area from assess- ment of the sewer connection rates. He recommended approval to the Council. (b) Motion by Councilman Brian, seconded by Councilman Cook to approve and authorize the Mayor and City Recorder to sign. PAGE 3 - COUNCIL REGULAR MEETING MINUTES, May ll , 1981 Approved by unanimous vote of Council. 8:10 P.M. PUBLIC HEARINGS 14. ZONE CHANGE ANNEXATION ZCA 7-81 (I-5) NPO #4 A request by the City of Tigard for an annexation of an area into the City limits of the City of Tigard for the -right-of-way of Interstate Highway 5 from Haines Street southerly to the north line of Elmhurst Street which area abutts City of Tigard C-P "Commercial-Professional" zone. (a) Public Hearing Opened. (b) Planning Director noted the area concerned and advised Council this would create an island. (c) Public Testimony No one appeared to speak. (d) Planning Director recommended approval. (e) Public Hearing Closed. (f) ORDINANCE No. 81-29 AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER No. 1666, AND ADOPTING FINDINGS WITH RESPECT TO AN AMEND14ENT TO THE 1970 ZONING 14AP OF THE CITY OF TIGARD TO CONFORM WITH THE NPO #4 PLAN AS ADOPTED AND DECLARING AN E14ERGENCY AND FIXING AN EFFECTIVE DATE (I-5 ANNEXATION) . (g) Motion by Councilman Brian, seconded by Councilman Cook to adopt. Approved by 4-1 majority vote of Council, Councilman 'Stheckla voting nay. Second reading of Ordinance No. 81-29 will be required. 15. ZONE CHANGE ANNEXATION 8-81 (LARSEN) NPO #4 A request by property owners for a zone change from various Washington County zones to City of Tigard A-40 "Multifamily Residential Zone" and C-P "Commercial-Professional" Zone" and annex the area into the City limits in the area of SW Atlanta Street south to SW Gonzaga Street. (Wash. Co. Tax Map 1S1 36DD, Tax Lots 800, 801, 900, 1000, I 100, 1300, 1400, 1500, 1700, 1702, 2600, 3001, 3200, 3290, 3300, 3301, 3400, 3402, 3403, 3500, 3600, 3700, 3800, 3900, 4800, 4900, 5000, 5100, 5300, 5400, 5500, 5600, 5700, 5800, 5900, 6000, 6100, 6200, 6300, 6500, 6600, 6700, 6800, 6900, 75C". and 7600; Tax Map 2S1 1AA, Tax Lots 100, 1200, 1301 , 1400, I700, 1900, 2000, 2100, 2200, 2300, 2301, 2400, 2600, 2800, 2900, 3000, 3100, 3200, 3300, 3400, 3500, 3600, 3601 , 3700, 3800, 3900, 3901, 4000, 4IO0, 4300, 4400, 4500, 4900, 5000, 5100, 8200, 8300, 8400, 8500, 8600, 87002 8900, 9000, 9100, 9101 , 9103, 9105, 9106, 9107, and 9001; Tax Map 2S1 IAD, Tax Lots 2600 and 2700.) (a) Public Hearing Opened. (b) Planning Director stated this was a large area and would create more islands. He noted there was already an LID petition for sewer service in the area. ''' PAGE 4 - COUNCIL REGULAR 14EETING MINUTES, May 11, 1981 (c) Public Testimony: D.J.B. Inc., 11515 S.W. gist Avenue (Mrs. G.L. Ball) supported the annexa- tion, however, questioned the right-of-way which was being annexed in the area of Gonzaga Street. She expressed concern that the right-of-way should be annexed. ted that ncorrectlyabyn Planning Director sta theeB°undarystion sCommissiannexeonnd that the map had been prepared i (d) Planning Director recommended approval. (e) Public Hearing Closed. (f) OR'JINANCE No. 81-30 AN ORDINANCE RATIFYING ANNEXATION O1 LANDS BY THE BOUNDARY COMMISSION, ORDER No. 1668, AND ADOPTING FINDINGS WITH RESFT'''Z TO AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD TO DECLARING AN CONFORM EME GENCYWITH ANDTHE FIXING AN EF-FECTIVEAS DDATE13 AND (TARSEN AN(g) 1,jotion NEXATION) . by Councilman Cook, seconded by Councilman Brian to adopt. Approved by four to one majority vote of Council, Councilman Scheckla voting nay. Second reading of ordinance will be required. NPO #5 16. ZONE CHANGE ANNEXATION 9-81 (DURHAM) A request by property owners for a zone change from various Washington County zones to City of Tigard M-4 "IndustrlgoadPark neareS.WndUPPeTxBoonesthe rFerry ea tRoad e City limits in the area of S.W. Durham Tax Ma 2S1 12C, (Wash. Co. Tax 2203251 13B, Tax LoMapts l2Sl 100, 02D, Tax�Lot d1500) . P Tax Lots 2200, (a) Public Hearing Opened (b) Planning Director advised Council that this was a small annexation and does create an island. (c) Public Testimony. Mr. G. Ray Scott, 7975 S.W. Durham Road, questioned which lots would be changed to R-5 and which zones would be changed to 14-4 zoning. (d) Planning Director recommended approval and noted that Mr. Scott's parcel would remain residential zoning. (e) Public Hearing Closed. S BY THE (f) ORDINANCE No. 81-31 AN ORDINANCE ORDER No1684E AND ADOPTXATION OF INGDDAR" FINDINGS WITH COMMISSION, RESPECT TO AN AMENDMENT TO THE 1970 TONING MAF OF THE CITY CONFORMOF TIGARD TO WITH AS ADOPTED DECLARING AN EMERGIT CYANDFIXINHE G AN EFFECTIVE D AND CTIVE DATE (Durham Annexation) . PAGE 5 - COUNCIL REGULAR, MEETING MINUTES, May 11, 1981 (g) Motion by Councilman Brian, seconded by Councilman Cook to adopt. Approved by four to one ma;ority vote of Council, Councilman Scheckla voting nay. Second reading of ordinance will be required. 17. ZONE CHANGE ANNEXATION 10-81 (GENTLEWOODS/GOTTER) NPO X65 A request by Sam Gotter for a zone change from RU-4 to City of Tigard R-7PD "Single Family Residential Planned Development" and annex the area into the City limits in the area of 15220 SW 79th Avenue (Wash. Co. Tax Map 2S1 12C, Tax Lots 1401 and 1403) . (a) Public Hearing Opened. (b) Planning Director stated that Mr. Gotter had requested annexation of 1 . 13 acres and no islands are being created. (c) Public Testimony No one appeared to speak. (d) Planning Director recommended approval. (e) Public Hearing Closed (f) ORDINANCE No. 81-32 AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER No. 1685 AND ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD TO CONFORM WITH THE NPO #5 PLAN AS ADOPTED AND DECLARING AN EMERGENCY AND FIXING Ali EFFECTIVE DATE. (GENTLEWOODS) (g) Motion by Councilman Brian, seconded by Councilman Cook to adopt. Approved by unanimous vote of Council. 18. PERFORMANCE REVIEW OF CITY ADMINISTRATOR (a) Mayor Bishop advised audience that this matter has had considerable review by Council with two executive sessions being held plus a public meeting with input from the citizens. He stated that he wished to take this opportunity to give a better background of the issue. He stated concern regarding Mr. Barker's attitude, organizational ability and evaluations done on Depart- ment Heads. The Mayor advised the audience of the scoring made by Council on the following points in the performance review of the City Administrator. Each area was scored about the same by all members of the Council. The areas of review were: Leadership and initiative; response to Council directives and decisions; communication with Mayor and Council; Supervision: over Department Heads; personnel administration and selection; Budget Officer duties; attitude and conduct in public meetings; how administrator performance meets Council expectations; overall performance; whether a merit increase should be granted. PAGE 6 - COUNCIL REGULAR MEETING MINUTES, May 11, 1981 Mayor Bishop stated that the City Administrator expressed surprise at the recommendation for dismissal on April 20, 1981. He went on to say that the letter submitted by Mr. Barker, which requested a public meeting for the consideration of dismissal, was dated December 27, 1979. Mayor Bishop stated this shows that Mr. Barker should not have been suprised. (b) Councilwoman Stimler felt the matter had gotten out of hand and that the Council had no opportunity to hold the kind of meetings Mr. Barker deserves. She addressed concerns regarding his attitude towards the Council, wanted more information regarding day to day activities of the staff and problems which are developing, requested more written status reports, and recommended Council address these issues with Mr. Barker and hold a three (3) month review to see if progress has been made in these areas. (c) Councilman Scheckla stated that he has met with the City Administrator over the last year and has addressed different concerns with him. (d) Councilman Brian stated he felt it unfortunate that the performance evaluation process has developed into the proportion that it has. He stated there are concerns and problems, especially with Mr. Barker's attitude, with communica- tions and his dealings with the personnel, however, he hoped that some of these areas would be correctable. He recommended a three month review process be allowed for Mr. Barker to address some of the Council's concerns. (e) Councilman Cook recognized Mr. Barker's ethics and morals, however, stated there were concerns regarding his ability to control situations and there was lack of confidence in his ability to communicate with Council. (f) Motion by Councilman Cook, seconded by Councilman Scheckla to terminate the City Administrator effective May 11, 1981, with 50 days severance pay per the agreement with the City. (g) City Administrator addressed the comments made by the Council members. He stated that the Mayor quoted a letter from December, 1979, which requested a meeting before the public regarding the dismissal matter. This was not the letter given to the Mayor, however, a letter was written in 1979 regard- ing the possibility of dismissal because at that time there was a problem with personnel. He also wanted to discuss some points of the evaluation which he felt were in error, or too harsh. The review states that he hired person- nel and overlooked the requirement for Department Heads to live ir. the City. Mr. Barker advised the citizens and Council that this had not happened. The City Administrator stated he had not lost his temper more than two or three times in more than 150 public meetings he has been in since being hired with the City of Tigard. Mr. Barker expressed his appreciation to the citizens and friends for their support. He stated that perhaps he has failed the Council at times, however, he felt he had not failed the average citizen of the community. (h) Councilman Brian requested Council give Mr. Barker a three month review period. Rz- PAGE 7 - COUNCIL REGULAR MEETING MINUTES, May 11, 1981 (i) Motion to terminate the City Administrator was approved by three to two majority vote of Council, Councilwoman Stimler and Councilman Brian vot- ing nay. (j) Motion by Councilman Cook, seconded by Councilman Scheckla to appoint Frank Currie as Acting City Administrator to be effective May 12, 1981. Approved by unanimous vote of Council. RECESS: 9: 12 P.M. (City Administrator, Raeldon R. Barker left) RECONVENE: 9:50 P.M. 18. ORDINANCE No. 81-33 AN ORDINANCE REGULATING THE USE OF SOUND TRUCKS WITHIN THE CITY. (a) Chief of Police recommended approval. (b) Motion by Councilman Brian, seconded by Councilman Scheckla to approve. Approved by unanimous vote of Council. 19. ORDINANCE No. 81-34 AN ORDINANCE AMENDING SECTION 7.40.070 NOISE OF THE TIGARD MUNICIPAL CODE BY ADDING RESTRICTIONS ON THE USE OF PORTABLE SOUND AMPLIFYING EQUIPMENTS. (a) Chief of Police recommended approval. (b) Motion by Councilman Cook, seconded by Councilman Scheckla to adopt. Approved by unanimous vote of Council. 20. ORDINANCE No. 81-35 AN ORDINANCE REQUIRING PEF14ITS FOR CERTAIN EVENTS USING AMPLIFIED SOUND AND AMENDING SECTION 7.40.070 OF THE TIGARD MUNICIPAL CODE. (a) Chief of Police recommended approval. (b) Legal Counsel requested a typographical error be corrected on page 2, section 2(b) to change from 20-5 feet to 25 feet. (c) Motion by Councilman Scheckla, seconded by Councilwoman Stimler to approve. Approved by unanimous vote of Council. 21c ORDINANCE No. 81-36 AN ORDINANCE AMENDING SECTION 7.32.110 PUBLIC INDECENCY OF THE TIGARD MUNICIPAL CODE. (a) Motion by Councilwoman Stimler, seconded by Councilman Brian to approve. Approved by unanimous vote of Council. PAGE 8 - COU14CIL REGULAR 14EETING MINUTES, May 11, 1981 22. ORDINANCE No. 81-37 QST ORDINANCE PROVIDING FOR DISPOSITION OF ABANDONED, FOUND, SEIZED, AND STOLEN PROPERTY. (a) Motion by Councilwoman Stimler, seconded by Councilman Scheckla to adopt. Approved by unanimous vote of Council. 23. ORDINANCE No. 81-38 AN ORDINANCE AFFIRMING THE DECISION OF THE PLANNING COMMISSION,. DENYING APPLICATIONS FOR CONDITIONAL USE (CU 14-80) AND VARIANCE (V 15-80) (a) Motion by Councilman Scheckla, seconded by Mayor Bishop to table. Failed two to three vote, Councilmen Cook and Brian and Councilwoman Stimler voting nay. (b) Motion by Councilwoman Stimler, seconded by Councilman Brian to adopt. (c) Mayor Bishop requested the Council drive past this site and look at other areas that have the same type of driveway system. lie expressed his concern that this access is adequate for the proposed development. (d) Motion to adopt passed by three to two majority vote, Councilman Scheckla and Mayor Bishop voting nay. Ordinance No. 81-38 will require a second reading. 24. HAMPTON STREET PLAN AND SPECIFICATIONS (a) Mr.. Keith Thompson, engineer for the project, discussed the status of the street islands and traffic patterns and requested Council set a new date for the bid opening and awarding dates. (b) Motion by Councilman Cook, seconded by Councilman Brian to approve the plan as presented subject to the approval by the Portland Federal Credit Union access. Approved by unanimous vote of Council. (c) Director. of Public Works stated an ordinance would be prepared for the May 18, 1981 meeting to adopt the bid opening date of June 18 at 1:30 P.M. with the award date of 6-22-81. 25. RESOLUTION No. 81-47 A RESOLUTION OF THE TIGARD CITY COUNCIL TRANSFERRING FUNDS FOR UNANTICIPATED EXPENSES. (a) Irene Ertell, Head Librarian, stated that the standing order for new books (which must be ordered in advance) has come in faster than anticipated and will overdraw the accounts without the transfers. She requested Council approve the request. (b) Motion by Councilwoman Stimler, seconded by Councilman Brian to approve Resolution No. 81-47. Approved by unanimous vote of Council. 26. VA-SHINGTON COUNTY HOUSING AUTHORITY AGREEMENT (a) City Recorder recommended approval and requested adopted resolution be PAGE 9 - COUNCIL REGULAR 14EETING MINUTES, May 11, 1981 sent to the Housing Authority. (b) Motion by Councilwoman Stimler, seconded by Councilman Cook to adopt Resolution No. 81-48 and authorize Mayor and City Recorder to execute agreement. Approved by four to one majority vote of Council, Councilman Brian voting nay. 27. RESOLUTION No. 8;-49 A RESOLUTION OF THE TIGARD CITY COUNCIL REQUESTING AN ANNEXATION PETITION BE FOREWARDED TO THE BOUNDARY REVIEW COM.M_ISSION (Short Title - Randall). (a) Planning Director recommended approval for a single lot annexation. (b) Motion by Councilman Cook, seconded by Councilman Brian to approve. Approved by unanimous vote of Council. 28. REPORT REGARDING ALARM FEES (a) Chief of Police presented written report comparing Washington County alarm user fees with the proposed City of Tigard fees. (b) Councilwoman Stimler expressed concern that governmental entities would not be required to pay for an annual permit. (c) Consensus of Council was to hear this item at the June 1st Study Session. 29. SCHEDULE JOINT STUDY SESSION WITH PLANNING COMMISSION REGARDING ASH AVENUE EXTENSION (a) Planning Director requested Council meet with Planning Commission in a study session with the NPO 7#11 to discuss this item. (b) Atter lengthy discussion regarding legality of the meeting and the topic of consideration, consensus of Council was to request Planning Commission meet in a study session with NPO #1 and send their recommendation to the Council at the June 22, 1981, meeting regarding policy #29 of the NPO #1 plan. (c) Cliff Speaker stated the Planning Commissioners would be reluctant to pass the Main Street development on to Council without first addressing and solving the Ash Avenue extension problem. 30. RESOLUTION No. 81-50 DECLARING AN INTENTION: TO CONSTRUCT CERTAIN. SANITARY SEWER IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE A SEWER IMPROVE- MENT ASSESS14ENT DISTRICT TO BE KNOWN AS LOCAL IMPROVEMENT DISTRICT NO. 26 FOR S.W. KNOLL DRIVE; DESCRIBING THE PROBABLE TOTAL COST THEREOF; DEFINING THE BOUNDARY OF THE DISTRICT TO BE BENEFITED AND ASSESSED; DIRECTING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE WORN AND ESTIMATES OF: THE CITY'S ENGINEER; AND SETTING PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF. (a) Director of Public Works recommended approval. PAGE 10 - COUNCIL REGULAR MEETING MINUTES, May 11, 1981 (b) Motion by Councilman Cook, seconded by Councilman Brian to approve. Approved by unanimous vote of Council. 31 . RESOLUTION No. 81-51 DECLARING AN INTENTION TO CONSTRUCT CERTAIN SANITARY SEWER IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE A SEWER IMPROVE- MENT ASSESSMENT DISTRICT TO BE KNOWN AS LOCAL IMPROVEMENT DISTRICT :10. 28 FOR S.W. TIEDEMAN STREET DESCRIBING THE PROB- ABLE TOTAL COST THEREOF; DEFINING THE BOUNDARY OF THE DISTRICT TO BE BENEFITED AND ASSESSED; DIRECTING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE WORK AND ESTIMATES OF THE CITY'S ENGINEER; AND SETTING PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF. (a) Director of Public Works recommended approval. (b) Motion by Councilwoman Stimler, seconded by Councilman Brian to approve. Approved by unanimous vote of Council. 32. OTHER (a) Mayor Bishop requested Council 's consideration of the letter from Jean's Flowers regarding street side vendors of flowers. After lengthy discussion regarding legality of issue, Council wished to consider this matter at the study session of June 1, 1981. (b) Mayor Bishop questioned whether Council wished a letter be sent to the legislators regarding hot,se Bill No. 3159 as suggested by Mayor Aldrich in his letter. Motion by Councilman Cook, seconded by Mayor Bishop to draft a letter in support of the House Bill No. 3159 and have it sent to the legislators. Approved by unanimous vote of Council. Mayor Bishlop req-:ested a carbon copy be sent to Mayor Aldrich of Salem. (c) Chief of Police was instructed to write a letter to Boy Scout troop #224 and advise them that the City still has need for the explorer scout van which was used until recently. (d) Planning Director advised Council that an annexation petition will be coming soon from a man whose septic system has failed in the Duvall street area. (e) Councilman Scheckla questioned why Head Librarian had not contacted Mr. Otto Sorg regarding the possibility of an extension of a lease. Councilman Scheckla expressed concern that the Oregonian has quoted the Head Librarian as saying that there would be no extension of the lease after July 1, 1982. Head Librarian responded to Councilman Scheckla's questions. She stated that she had expressed to Council before, that a member of the Librarian Board 4 PAGE 11 - COUNCIL REGULAR MEETING MINUTES, May 11, 1981 �JF r- had contacted Mrs Sorg over a year ago and that the contract agreement for the lease states Mr. Sorg has the right to terminate the lease after July Z, 1982. however, she had not stated this was the way Mr. Sorg ( would approach the issue. Legal Counsel requested Council give the Library staff and City staff a little more time to contact Mr. Sorg, as there is still more than a year before the termination of the contract agreement for the lease. (f) Mayor Bishop stated Mr. Frank Currie has submitted a request in writing for a special meeting with the Council to consider the expectations they have for the Acting City Administrator, how long the duration of the appointment might be, selection .process for the new City Administrator and Mr. Currie's salary during the interim appointment. Consensus of Council was to hold a special meeting at Coco's Restaurant Wednesday morning at 7:00 A.M. to discuss the duties of the Acting City Administrator. RECESS: 11: 15 P.M. RECONVENE: 11: 15 P.M. INTO EXECUTIVE SESSION. Council went into executive session per ORS 192.660(2)(a) to discuss the possible ' purchase of property. Mayor Bishop invited department heads to attend the meeting ''. as this discussion would be of interest to them. The Mayor then proceeded to .-eg rding a piece of property that might be suitable for future civic ,�y Clf�l Ltl1ii ucLot+_.� ��-b"'�`-�--0 center. Concensus of Council was to seek further information and arrange for inspec- tion of the site. Meeting adjourned 11:35 P.M. City Reccrder ATTEST: Mayor L PAGE 12 - COUNCIL REGULAR MEETING MINUTES, May 12, 1981 Date 5%11/81 �- I wish to testify before the Tigard Ci Council on the following item: (please int your name) AGENDA II # 4 �� CALL, TO AUDIENCE FOR NON-AGENDA ITE-MS CI' I IrTO;�1_C0UNTY.OREGON -- Name, Address & Affiliation Item Description f t 12420 S.W. MAIN P.U. BOAC 23397 TIGARD, OREGON 97223 PH. 639-4171 Date I1 $1 1 wish to testify before the Tigard City Council on the following item: (Please print your name) Item Description: AGENDA ITEM # 12 ZONE CHANGE ANNEXATION LARSEN 8-81 raponent (for) Opponent (against) _= aca�, Address and Affiliation CA'cl Name, Address and Affiliation./ ..RrAl Zn /fl meffiffim'01i i i r; Da to I wish to testify before the Tigard City Council on the following item: (Please print your name) Item Description:_ 4rEbUTA .T#r*P. A IA ZONE C'HANC'Y' ANNFXATTnN DURHAM 9 $1 roponent (for) Opponent (against) - = ame, Address and Affiliation Name, Address and Affiliation `- - - �•>- "�:Wit: -- ' 1{1 _ s!! RR PAYMENT OF BILLS FOR COUNCIL APPROVAL PROGRAM BUDGET April 30, 1981 Community Protection Police 8.007.05 Public Works A9p_9A Municipal Court 247.06 Planning 322.04 Building 648.47 Total Community Protection 9,845.60 Home & Community Quality Public Works 4-250.21 02_ Social Services Library 3,144.62 Aged Services 946.86 Youth Services 7,4An_QQ Historical Total Social Services 5.852.47 Policy & Administration Mayor & Council 194 89 Administration 368.42 R Finance 626.70 Total Policy & Administration 1.189.94 City Wide Support Functions Non-departmental 9,411).67 Misc. Accounts (refunds & payroll deductions, etc.) 25-601.77 CAPITOL BUDGET Community Protections Road Acquisition & Dev. Parks Acquisition & Dev. Storm Drainage Total Community Protection Support Services Building Improvements 41,012.92 DEBT SERVICE General Obligation Bond Bancroft Bond 810.60 UNIFIED SEWERAGE AGENCY Contract 52.858.54 TOTAL AMOUNT OF CHECKS WRITTEN 143.841.74 i jiljl�:�gjjlp�;11 M IN r 1 1 League of Oregon Cities SALEM: Local Government Center, 1201 Court Street N.E., P.O. Box 928, Salem 97308, Telephone:(503)588-6466 EUGENE: Hendricks Hall, University of Oregon, P.O. Box 3177, Eugene 97403, Telephone:(503) 586-5232 Salem, Oregon May 5, 1981 To:. ilayOrs of Oregon Cities Subject: Cities ' Day at the Capitol - May 20, 'The Playhouse, Willamette University, Salem Wednesday, May 20, will be "Cities' Day at the Capitol ." The League will be sponsoring a one-day legislative conference in order to present city priorities to the Legislature. The informal program attempts to use the most efficient method of communicating with legislators--with the greatest possible impact. Briefly, the program will include a short course on legislative procedure and lobbying tips; briefings on important issues and legislation; box lunch meetings between city officials and their individual legislators; and afternoon committee hearings and a meeting of the Legislative Committee. The box lunch meetings are the most important part of this one-day con- ference. They will enable city officials to talk informally with their legislators in a brief amount of time, yet cover the important issues affecting cities. We have already asked Legislative Committee members to make appointments with their assigned legislators. Additionally, we hope that as many city officials as possible will join the group from their district for these important lunch meetings. Please use the registration form which has been sent to your city manager or recorder to let us know of your city's plans to attend. Sinc ely, R. A. "Gus" Keller President AGV:bas OFFICERS:Mayor R.A."Gus"Keller, Eugene,president• DIRECTORS:Mayor Kent Aldrich,Salem•Henry G.Bates,councllmember,LaGrande•Mayor Alan B.Berg,Corvallis Mayor Jack Nelson, Beaverton, vice-president • Gerald Ruth Burleigh,commissioner,Bend•Mike Undberg,commissioner,Portland•Mayor John Lundell,The Dalles•Rober L "Lou" Hannum, councllmember, Medford, treasurer • McWilliams,city administrator,Redmond•Sandra J.Rennie,councllmember,Springfield•Jim E.Watson,city manager, Stephen C.Bauer,executive director. Klamath Falls ®1 01 7��� SHERWOOD OREGON T R 0 0 P 2 2 4 ErAER GEms.CY SERVICE SEARCH D RESCUE Tigard City Council City Hail Tigard, Oregon 97223 Dear Council Members: Our Boy Scout Troop, 224 of Sherwood has recently formed a Search and Rescue Team at the Explorer Level. We have already received some equipment from the disbanded Tigard. Police Explorer Post. We are inquiring to see about the possibilty of getting any additional equipment which might be available. Of special interest to us is the van which was donated 'by the General Telephone Company. Any assistance you can give us in this matter will be greatly appreciated. Sincerely, Dan Keicher Dk/kk OF S9 -� l !Cent April 27, 1981 Mayor OR E G Mayor Wilbur A. Bishop 10590 SW Cook Lane Tigard, OR 97223 Dear Mayor Bishop: I am writing ;., you to ask your support for probably the most innovative approach to `i, pin5 the problem of financing needed improvements to our city streets, cou y roar -,, and state highways that I have seen in recent years. We all know that ,. �n_,y is desperately needed to improve and maintain our streets, roads, and highways, but the voters have consistently in recent years rejected all attempts to increase road user taxes. Couple this with the reduction of local funds and the uncertainty of federal funds for not only the upcoming federal fiscal year but also the federal fiscal year beginning October 1, 1982, and we have a severe dilemma facing us. Nouse Bill 3159 offers a solution that may be the salvation of at least a major part of our problems in this regard. It won't solve them all , but it will help. This bill proposes, when the blanks are filled in, a one cent increase in the state fuels tax, a comparable increase in the weight-mile tax paid by truckers and a $2.50 increase in the annual registration fees paid by owners of motor vehicle. These tax and fee increases would, in effect, be a surcharge for a two-year period ending June 30, 1983. The resulting revenue from this surcharge, which should amount to about $54 million additional revenue during aurag the next biennium, would be placed in a special account in the State Highway fund to be used as local matching monies for Cities, Counties, and the State for federally aided projects. If more revenue is collected than is needed for that purpose, the Transportation Commission could use the excess for normal state highway purposes. Although this surcharge would automatically expire June 30, 1983, the legislature would have the option of extending it when they meet again in that year. I believe our constituency would want us to ensure that we have enough money to match whatever federal aid the Congress makes available. That's one of the reasons I think we should vigorously support this bill . f. In addition, the bill would allow us to use all of our existing revenues for maintenance of our systems of highways, since none of those funds would be tw needed to match any available federal aid during the next two-year period. If you agree with me that this concept has much merit, please correspond that to me. In turn, I will transmit your recommendations to the Chairman of the House Transportation Committee, the committee to which the bill has been referred. _ There are those who maintain that the legislature will not enact any tax increase like this without first referring it to the people. Maybe they are right. But I think we have a good possibility of convincing them that they should enact this measure without referring it if we can show that it has the support of a vast number of local government officials. Please consider this at your earliest opportunity and let me know if you agree with me. Before the end of this month, I plan to let the legislators know the extent of the responses I have had to this letter. Thanks much for your cooperation and consideration. Sincerely, Kent Aldrich Mayor C/284 3C ���`^�'/� � �..�i�'«.1/ Jf�G•-Ztl-�,IL-G'L-<�.,-1�-�-� G��f-L�"",l - r A/v C _ 77�,� '"`"'�"�ilit-CGS/ �•co`CL'•z��� _^�i1 .✓✓/'���� �k2`-Gtr— -cZ�� �L'�d-�-f'�st J ADDENDUM On the day of — , 1980 Wedgwood Homes of Portland, Inc. , an Oregon corporation, and Amart Development, Ltd. , a limited partnership, hereafter referred to as "Owners, " and the City of Tigard, hereafter referred to as "the City, " entered into an agreement concerning the con- struction of a sewer trunk line in the City of Tigard. The present Addendum modifies in certain respects the rights of the parties pursuant to that agreement. At the time this Addendum is made the sewer trunk line described in the original agreement has been completed and is in service. A question has arisen as to whether certain properties in tITe area whicu1 be served by the trunk lines are to be assessed the $3(90 surarge described in paragraph (4) of the original agreement. The properties in question are those located within the Summer Bills Park Local Improvement District. (Description attached as Exhibit A. ) Although the language of the original agreement was broad enough to include the described land, and to require that the surcharge be collected for con- nections to houses on that land, it is hereby agreed by Owners and the City that the surcharge shall not be assessed against them. As consideration for the agreement set forth in this Addendum the City agrees that the time allowed. Owners to i. b i 1 recapture their costs, limited by the original contract to 15 years, it is hereby extended by one year. The City's obligation to collect the surcharge and pay the money collected to Owners shall terminate on the 16th anniversary of the execution of the original agreement, whether the Owners have been paid the sum anticipated by this agreement or not. CITY OF TIGARD, a municipality of the State of Oregon By Mayor, City of Tigard By Recorder, City of Tigard WEDGWOOD HOMES OF PORTL2 , INC. By - , AMA,. T DEVELOPMENT, LTD. , a limited partnership oe 2 - Addendum SUMMER BILLS PARK.L.I.D. - Legal Description Beginning at the Northwest corner of that certain tract of land conveyed to Henry R. Potter and Audrey J. Potter, husband and wife, as described in Deed - Book 434, page 733, Washington County, Oregon Deed Records; said Northwest corner being North 00"01' East, along the West section line, 984-1 feet from the Southwest corner of Section 34, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon; thence continuing along said section line North 0004' East 654.1 feet to the Southwest corner, of that certain tract of land conveyed to Glen W. Sweet and Harriet I. Sweet, husband and wife, as described in Book 339, Page 134, said Deed Records; thence East along the South line of said Sweet tract 73.04 feet; thence North 00'04' East, parallel to the West line of said Section 34 a distance of 70.00 feet; Chcnce East 214.92 feet;_ tharce North 73"18'''x" E c� 20 - ..., Last J6.ty feet to the Northwest corner of that certain tract of land conveyed to Mark L. Christen and Patricia M. Christen, husband and wife, as described in Book 1210, Page 919, said Deed Records; thence East 110.00 feet to the Northeast corner of said Christen tract; thence South 85.00 feet to the southeast corner of said Christen tract, also being a point on the South line of said Sweet tract; thence East along the South line of said Sweet tract 846.08 feet to the westerly right-of-way line of County Road No. 358 (S.W. 12th /avenue); thence South 00'01' East along said right-of-way line 635.32 feet to the easterly extension of the North line of a 20.0 foot wide right-of-way as described in Deed Book 350, Page 523, said Deed Records; thence North 89t5645" West along said easterly extension anti the North line of said right-of--way 654.44 feet to the Northwest corner thereof; thence South 00'04' West 20.0 feet to a point on the North line of said Potter tract at the Southwest corner of said 20 foot wide right-of-way; thence North 89'56'45" West 640.6 feet to the point of beginning. MEMORANDUP,I May 7, 1981 TO: City Administrator FROM: Chief of Police SUBJECT: Alarm Ordinance Fees RE: As Per City Council Request of 5-4-81 Sir: The language of the Washington County Alarm Ordinance is very similar to the proposed Tigard ordinance, with the exception of Section 4 of both ordinances, regarding: Alarm Users Permits Required, Payment of Permit Fees Required. The fees or charges are as follows: WASHINGTON COUNTY ORDINANCE, Section 4. Alarm Users Permits Required, Payment of Permit Fees Required A. Burglary and Robbery Alarm $ 8.00 each (1) First Revoked Users Permit $ 40.00 (2) Second Revoked Users Permit $100.00 (.3) Third and Each Additional Revoked Users $180.00 Permit B. Additional Charge Beyond 60 day Grace Period $ 25.00 C. Special Alarm-User Revoked (Governmental) $100.00 Each false alarm over four (4) $. 25.00 PROPOSED TIGARD ORDINANCE, Section 4. Alarm User Permit Required A. Burglary and Robbery Alarm $ 22.50 each (1) First and other subsequent Revoked $ 10.00 for each Users Fee false alarm within the permit period plus $ 22.50 annual fee. B. Additional. Charge beyond 60 day Grace Period $ 25.00 C. Special Governmental Alarm User Permit No Charge Alarm Ordinance May 7, 1981 Page 2 The above county fees are from County Ordinance No. 199, and as can be seen, impose substantial cost to the user. It is my opinion that that particular fee schedule would have a chilling effect on businesses . that we are encouraging; to install good alarm systems. Respectfully, e.B. Adams Chief of Police RBA:ac s IN t. _ iay 7, 198 Tigard City Council Tigard, Cre . '97223 Dear Council °embers . Ne were not at the May 4th meeting but heard that a resident of Summerfield expressed a blanket view for all the r- sid.ents , :,Ie feel a letter from our street at this time s in order. As a street we have h-ad three major ;;roblems involvir- the city A sales office in one of the model ii�-)mes, weeds and rub,-)ish in the adjoining property , and a --.-wo story buildi:_ v iF r ✓e n ad been 0!-omised it would be one. '-"ro of the probeserns �,%rere resolved , the sales office and the two story* building: *jut only -:.1ter ;re engaged a lawyer at ou- expense and attended as a -,roue the City Council Meeting and a _Planning Comm, i'eetin -. As residents of The City Of Tigard %-ze do nct feel this sno,z :I have been necessary especially since many o7 us have :Health problems or at the age :.,here tnis crea—,-ed a n=.rdshic. 'de have not recieved a notice that the Su=erfield Association has had a meeting or --,iannin. to have one concernin_~ tpiis :~utter. aespectfully, �A I , rl �a�A 4 '/- Z�✓;(� //• GGA/Ls UL /f!/✓0. �Q_ � CritiG�/ Lr -'SSD 7z f - ;1gliq Ill Ill',1 11 ill ill Bill s ' Department of Commerce HOUSING DIVISION VICTOR ATIYEH GOVERNOR LABOR & INDUSTRIES BLDG., SALEM, OREGON 97310 PHONE (503) 378-4343 April 30, 1981 Mayor Wilbur A. Bishop City of Tigard PO Box 22397 Tigard, OR 97223 RE: CANTERBURY TERRACE II Tigard, Oregon Dear Mayor Bishop: We are pleased to inform you that the 'dousing Council recommended that the State of Oregon Housing Division give preliminary approval for an 18 unit elderly housing project to be known as Canterbury Terrace II that is proposed to be built in your community. The proposed project, which is being sponsored by Edwards Industries, Inc. , will offer non-subsidized housing units to individuals or head of households who are over 62 years of age. The Housing Division encourages the sponsor to work with local personnel in an effort to combine local and federal assistance along with any potential Housing Division loan to further reduce the amount of rent charged to tenants. The Division welcomes the opportunity to work with you to provide assistance with the development of the project. We hope that the final product will address the needs of those senior citizens in your community who will ultimately occupy the living units. Should you have any questions or if our staff can be of any assistance, please ca'il . Sincerely, - Kathy Lincdln Senior Housing Development Specialist KL/dkm AN EQUAL OPPORTUNITY EMPLOYER ROBERT E. FRA'_:Z JR. TELEPHONE . (507)6P,3-9512 ATTORNEY AT LAW 767 WILLAMETTE STREET SUITE 304 EUGENE.OREGON 97401 May 1, 1981 Corpo al Donald Myers Cit of Tigard Police Department_ P. . Box 23397 igard, Oregon 97223 RE: Schmeck v. valley Publishing and Myers IIIIIIIIIIIMI Dear Corporal Myers : The plaintiff has decided not to pursue his action against you and the city of Tiga_-d. An order of dismissal will be entered hat the plaintiff is dropping this action shortly. The fact t against you indicates that you did nothing improper in this matter, and at all times complied with proper police procedure . This was nothing more than a frivilous, sham, and nuisance lawsuit, and should not be considered by anyone to have any merit. If in the future, you need a statement from me to this effect because of a change in job, or your desires to be promoted, please do not hesitate to have any reviewing board contact me. I would like to take this opportunity to thank you for your cooperation in defending this matter. T_ wish you the best of luck in the future. Sincerely yours , Robert E. Franz Jr_ REF:mpp cc : Chief of Police Robert Adams /Joe Bailey, City Attorney Bruce Johnson, District Attorney I=! 1 11 11� 1 1!Ills l�� 1 11 OMNI i 4 cam ARD UPDA A WEEKLY _ NEWSLETTER . . _ VOLUME III ISSUE 4 MAY 7, 1981 SENIOR CENTER AUDIT The accounting firm of DeLoitte, Haskins, and Sells were retained by the Office of Community Development to conduct an official audit of all Community Development Block Grant projects in Washington County. The aud.i.4ors reviewed Tigard's Senior Center project on April 29th. Agreements with contractors and the methods used in the selection of contractors were scrutinized. Voucher requests, invoices, payroll records, and monthly project reports were checked. All records were found to be in excellent order. AUTOMATION LEVY A $1.3 million one year operating levy which will provide automated library service throughout the Washington County Cooperative Library Service system is set for the June 30th ballot. Passage of the levy will fund the development, implementation and operation of computerized on-line cataloging and circulation for public libraries in Banks , Beaverton, Cedar Mill, Cornelius, Forest Grove, Hillsboro, Sherwood, 'Tigard, Town Center, Tualatin, West Slope, Books by Mail and the Pacific University Library. SAFETY TOWN Registration is underway for children ages 4-6 to participate in this year's Safety Town. Two hour sessions will be held June 29 - July 10 and July 20 - 31. Participants, supervised by a City of Tigard police officer and teenagers, are taught the fundamentals of bicycle and pedestrian safety. Registration is $17.00 per child. Interested parties should contact Nancy Robbins at 620-4679 for additional information. YARD DEBRIS CLEAN-UP WEEK Metro is supervising a Clean-Up Week May 16-24. Reduced dumping fees for woody waste (twigs, branches, tree limbs) are available at Obrist's Pit in Troutdate, Rossmar.'s Landfill in Oregon City, or St. John's Landfill in Portland. Some garbage haulers will have a special woody waste pick up during Clean-Up Week. For more information on Clean-Up Week, composting, or alternatives for disposal of yard debris, call Metro Recycling Switchboard at - 224-5555. OPERATION S.W.E.A.T. A SUCCESS Fifteen high school students from the Tigard area participated in Operation S.W.E.A.T. (Student Work Effort Around Town) at Cook Park on Saturday, May 2nd. The students did an outstanding job and the Public Works Department was very pleased with their performance.