City Council Packet - 02/07/1969 TIGARD CITY COUNCIL
SPECIAL MEETING FEBRUARY 7, 1969, 4:00 P.M.
1. ROLL CALL: Present: Mayor E. G. Kyle, Councilmen Floyd Ii. Bergmann,
Daniel L. Larsen, Robert C. Moore; Stephen M. Telfer,
City Administrator; Fred. A. Anderson, City Attorney; Keith
C. Thompson, Director of Public Works; Doris Ilartig, City
Recorder
Absent: Councilman Thomas M. O'Halloran
2. Special Meeting was duly called with common consent of Council for the
purpose of discussing a letter received from Kadow & Graeper request-
ing sewer connection for a 77 unit project at Canterbury Heights.
Mr. Graeper, Attorney Ken Baines, Kenneth Bunn, Mr. Annand, Mr. Mosser,
Mayor and Council and City Staff discussed development.
Motion by Councilman Larsen to continue matter until City can obtain
legal opinion from Attorney Anderson whether to accept check.
Motion died for lack of second.
Attorney Anderson recommended Council adopt Mr. Larsen's motion in
that the City should not proceed unless they have full legal
evaluation.
3. Motion by Councilman Larsen to continue matter to February 10th so
City can obtain legal opinion from City Attorney regarding the accept-
ance of check. Motion seconded by Councilman Moore. Approved by
unanimous vote of Council present.
In view of, pending litigation, Attorney Anderson requested authoriza-
tion to render legal opinion`to Mayor and 'council on a.>.confidential.
basis.
4 Adjournment: 5:00 P.M.
2L_2��,
City Recorder
ATTEST: ;
Mayor
PUBLIC NOTICE
A Special Council Meeting will be held Friday,
February 7, 1969, 4:00 P.M. - in the Counci'L Chambers
at City Hall, Tigard, Oregon
To: Tigard City Council Date: Feb. 6, 1969
From: Doris Hartig - City Recorder
Re: Special Council Meeting
Friday, February 7, 1969, 4:00 P.M.
Mayor Kyle has called a special meeting to discuss the attached
" letter. If you cannot attend, please contact me. Thanks.
January 24, 196°
ME"=IO TO: City Council
FROM: City Administrator
RE: Canterbury Annexation and Sowor not-icy
On Tuesday afternoon, January 21st, I had an opportunity to rnect with
Ken Kadow, Jack Annand, et al. The meeting produced results slightly less
than we had hoped for.
It is now the developers opinion that they could not financially construct
just the first 76 units. Thev feel that because their financing is based
upon the construction of a rather expensive recreation center that they
must be able to develop approximately 150 units at this time in order to
be able to justify monies already committed to the project. Development
of 150 units would constitute Phase I plus Phase II which would extend to
the alignment of SW I•]urdock Street roughly bisecting the total 19 acre
parcel. It is the developers opinion that if allowed to _proceed on this
basis they could live with rezoning of the remaining half of the total
land to single family because they would be able to re-negotiate their
contract with Jack Annand. It was further agreed that I would pass along
this compromise solution to the City Council for their consideration.
As you are aware, last week they felt they could construct just 76 units
and solve their financial obligation. Since last Monday evening their
story has changed. I believe I have made my philosophical feelings on
this matter fairly clear previously and therefore choose not to make a
specific recommendation at this time. The compromise offered by the
developers is one alternative solution. I leave the decision in your
hands: 2 have just received a letter from Prichard L. hang, a resident
of the area, transmitting a petition opposed to A-2 zoning, and this
annexation. Enclosed is a 'copy for your review.
Enclosed is a rough draft copy of the requested policy statement regarding
new connections totheCity of' Tigard's 'sew.erage' system. I submit it now
for your review; and corrections,prior to its release at 'Sonday evening's
Council Meeting. You will 'note that I have intentionally attempted to
explain the background to our problem and then `lay` out- a policy of handling
new connections on a first come 'first serve basis. To solve the;problem
of'large `numbers of:connections being purchased by any one developer, I
have chosen to recommend that upon staff decision these projects be referred
to the Council for review prior to issuance of a permit. _It is.intended
that this policy once adopted be;printed in such a' fashion'as to be
distributed to parties planning on developing in the area. _Before the
issuance of either a building permit or see:er-permit each developer will
be required to,read and certify that he understands-the-policy.
The Oregon State Sanitary Authority has advised me that the City should
be,prepared to voluntarily;stop;the issuance of additional sewer connections
and building permits at such time in the future as we think our system is
overloaded to the point of seriously impairing the treatment of sewage and
therefore the health and safety of>the'public. - For 'this'reason, I have
put the public on notice by inserting a sentence in the proposed policy
reserving the right of the Council to do so at y.time in the future.
?_ Respe lly submitted,
Stephen t-,. Telf
SMT/dl
Enc.
POLICY FOR NEW CONNECTIONS TO THE CITY OF TIGARD'S SEWERAGE SYSTEM
During the last nine months the City of Tigard and its environs has
experienced an increase in the number of new construction starts that have
proven estir.;ates made early in 1968 much too conservative. This rapid
increase in building development has caused the City Council and staff to
re-analyze the impact of this growth on the City's sewerage facilities.
Tigard's dry flow (flow of sewage measured in million gallons per
month during the summer period when the level of pollutants in the treated
effluent has the greatest impact on water pollution in the Fanno Creek
Basin) in 1968 was slightly under the treatment plant design capacity of
21 million gallons per month.
Dwelling units or their equivalent industrial or commercial units
constructed and connected to the City system since September 1968, together
with pending connections of 231 units presently under construction indicate
that plant capacity will be reached during the 1969 summer dry flow period.
The Oregon State Sanitary Authority is charged with the responsibility
of enforcing water quality control laws. These laws establish the criteria
for the permissible level of pollution in treated effluent prior to its
discharge into a stream or river.
Due to the lack of adequate facilities to treat the sewage influent in
the total Fanno Creek Basin the O.S.S.A. has had to enforce the applicable
laws by prohibiting additional connections to certain sewerage systems within
the basin. The City of Tigard sewerage system also faces this possibility.
Upon reaching plant capacity, the City will be unable to adequately treat
additional sewage influent in such a manner as to meet the O.S.S.A. require-
ments. Present O.S.S.A. policy is not allowing additions to sewage treat-
ment plants in the Fanno Creek Basin.
The Tigard City Council after careful study is adopting the following
policy:
Additional connections to the City's sewer system shall be
accepted.on a first come, first serve, basis. The City Council,
mindful of the need to protect the health and safety of the
public,reserves the right to stop the issuance of building or
sewer connection permits at any time in the future when such action
is deemed necessary.
No sewer connection permit shall be made before the issuance:of
a:building permit`for,the units to be connected. If the City
staff deems a project large enough to have,considerable'effect
on the system the Council reserves the right to review the
proposed project before issuance of the required permit.
The City of Tigard, its 'Council, employees', agents or 'contractors
disclaims any resp=nzil bility for damages'`sustained due to action
of the Oregon State Sanitary Authority affecting the ability of
the City, to provide sewer service._
I hereby certify that I have read and understand the aforegoing.
04:ZER
DATE
WITNESS-
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