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City Council Packet - 05/08/1978 . I o I, Ln TIGARD CITY COUNCIL 00 REGULAR MEETING 00 00 MAY 8, 1978, 7:30 P.M. I FOWLER JUNIOR HIGH SCHOOL LECTURE ROOM 1. CALL TO ORDER 2. ROLL CALL 3, PLEDGE OF-ALLEGIANCE 4. GALL 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 member or member of the audience, that item will be removed from the consent agenda and will be considered separately). (a) Approval of Minutes - April 24, May 1, 1978. (b) Approval of Expenditures and Investments: $_L.�-`�' ��6/•� (c) Accept Cash Bond Escrow Agreement and Subdivision Compliance Agreement - Yolo Estates - Authorize signing by Mayor and City Recorder. (d) WRITTEN COMMUNICATIONS - Receive and File Transmittal from Lord Mayor of Bradford, England. 6. RESOLUTION No. 78- A RESOLUTION OF THE TIGARD CITY COUNCIL ACKNOWLEDGING RECEIPT OF A TRIPLE MAJORITY ANNEXATION PETITION CONSENTING TO THE ANNEXATION OF LANDS DESCRIBED HEREIN AND REQUESTING FORWARDING TO THE PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION. (Krueger Annexation) 7. RESOLUTION No. 78- A RESOLUTION OF THE TIGARD CITY COUNCIL ACKNOWLEDGING RECEIPT OF A TRIPLE MAJORITY ANNEXATION PETITION CONSENTING TO THE ANNEXATION OF LANDS DESCRIBED HEREIN AND REQUESTING FORWARDING TO THE PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION. (Eggert Annexation) THE CITY UNCIL 8. RESOLUTION No. 78- ACRESOLUTION NOWLEDGGING R CEIPTIOFRA TR PLEOMAJORITY ANNEXATION PETITION CONSENTING TO THE ANNEXATION OF LANDS DESCRIBED HEREIN AND REQUESTING FORWARDING TO r THE PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT a BOUNDARY COMMISSION. (Care Center Annexation) T 9. RESOLUTION No. 78- A RESOLUTION OF THE TIGARD CITY COUNCIL ACKNOWLEDGING RECEIPT OF A TRIPLE MAJORITY ANNEXATION PETITION CONSENTING TO THE ANNEXATION OF LANDS DESCRIBED HEREIN AND REQUESTING FORWARDING TO THE PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION. (Northrup Annexation) 10.. RESOLUTION No. 78- A RESOLUTION OF THE TIGARD CITY COUNCIL ACKNOWLEDGING RECEIPT OF A TRIPLE MAJORITY ANNEXATION PETITION CONSENTING TO THE ANNEXATION OF LANDS DESCRIBED HEREIN AND REQUESTING FORWARDING TO THE PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION. (Jolivette Annexation) (a) Recommendation of Administrative Aide. 11. RESOLUTION No. 78- RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN GREENSWARD PARK SUBDIVISION. (a) Recommendation of City Administrator. 12. 8:00 P.M. Public Hearing. NOTICE:- All persons desiring to offer. .testimony on any public hearing item must place their name on the appropriate sign-up sheet(s), located at the back of the room. Persons desiring to testify will then be called forward by the Chair to speak on the indicated item(s). 1978-79 BUDGET Written and oral comments and questions will be accepted concerning the proposed use of the following funds in relation to the entire City budget. Federal Revenue Sharing Fund. (a) Public Hearing Opened Public Testimony Public Hearing Closed State Revenue Sharing Fund. (b) Public Hearing Opened Public Testimony Public Hearing Closed Public Testimony will be received regarding the proposed 1978-79 City of Tigard Budget. (c) Public Hearing Opened Public Testimony Public Hearing Closed (d) Consideration by Council PAGE 2 - COUNCIL AGENDA - May 8, 1978 13. APPROVE O.L.C.C. APPLICATION - Flying J Inc., (Fastway Gas & Pop Shop) 11595 SW Pacific Highway, PS Application. (a) Recommendation of Chief of Police. 14. ACCEPT STORM SEWER EASEMENT - SW 106th & Dakota Streets (a) , Recommendation of City Administrator. 15. APPROVE CHANGE ORDERS 1, 2, & 3 - $2,774.14, Dale's Sand and Gravel Co. Greenburg Road & Tigard Street Project. 16. ORDINANCE No. 78- AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE IN THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY COMMISSION, ORDER No. 1197, INVOLVING LANDS OF WAYMIRE ANNEXATION, SECTION 15, T2S, R1W, W.M., WASHINGTON COUNTY, OREGON, RECORDING EFFECTIVE DATE AND DECLARING AN EMERGENCY. (SW Durham Road & 98th Ave. parcel contains 20.41 acres.) (a) Recommendation of City Administrator. 17. ORDINANCE No. 78- AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE IN THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY COMMISSION, ORDER No. 1196, INVOLVING LANDS OF WARDIN PROPERTIES, SECTION 1, T2S, RANGE 1 WEST, W.M., WASHINGTON COUNTY, OREGON, RECORDING EFFECTIVE DATE AND DECLARING AN EMERGENCY.. (Vicinity of SW Gonzaga, Franklin, Elmhurst and I-5, parcel contains 6.3 acres). (a) Recommendation of City Administrator. 18. ORDINANCE. NO. 78- AN ORDINANCE REPEALING SECTIONS 18.20.090(5), 18.24.060(5), 18.36.050(7), 18.40.080(5), 18.44.060(5), 18.48.060(5), AND 18.52.090(5) OF THE TIGARD MUNICIPAL CODE TO THEREBY ELIMINATE AMBIGUITY RESULTING FROM THE AMENDMENT BY ORDINANCE 70-32, OF SECTION 18, TIGARD MUNICIPAL CODE, FIXING AN EFFECTIVE DATE. 19. RESOLUTION SUPPORTING ST. MARY'S WOODS STATE PARK. (a) Set over from May 1, 1978 Council meeting. 20. OTHER (a) Tax Base & Committee for the Improvement of Tigard. Comments by Mayor Bishop. 21. ADJOURNMENT ' PAGE 3 - COUNCIL AGENDA - May 8, 1978 1, T I GAR D CITY COUNCIL REGULAR MEETING MINUTES, MAY 8, 1978, 7:30 P M 1. ROLL CALL: Present: Mayor Wilbur A. Bishop; Councilmen John E Cook, Alan W Mickelson, Kenneth W Scheckla, Lynn R Wakem; Legal Counsel J- D• Bailey; City Administrator, R R Barker; City Recorder, Doris Hartig; Administrative Aide, Aldace Howard; Clerk III Loreen Wilson. 2, '0 AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON AGENDA ITEMS one appeared to speak 3, P.F1,R(jVAL OF MINUTES • April 24, 1978, May I , 1978 "ity Recorder requested minutes of April 24, 1978 show the following correction and addition which was lef, out due to clerical error . fIa, e 9 Item 22: Resolution No should be changed to 78- .22 pa4e 9 Item 22: Subsection (a) should be added to read as follows: lman kcm to (a) Motion forwardCtot�theman Cook, seconed by Metropolitan Area Boundary 1Review arovt. commission to t Approved by majority vote of Council. Councilman Scheckla votin Nay. ( ) Motion to approve as corrected by Councilman Wakem, seconded by Councilman Mickelson. Approved by unanimous vote of Council 4. APPROVAL OF EXPENDITURES AND INVESTMENTS- $126.307_86 (a) Motion by Councilman Wakem, seconded by Councilman Mickelson to approve. Approved by unanimous vote of Council 5 ACCEPT CASH BOND ESCROW AGREEMENT AND SUBDIVISION COMPLIANCE AGREEMENT - Yolo Esta":es - Authorize signing by Mayor and City Recorder (a) Motion by Councilman Wakem, seconded by Councilman Mickelson to ,accept agreements and authorize the Mayor and City Recorder to execute Approved by unanimous vote of Council 6. WRITTEN COMMUNICATIONS - Receive and File Transmittal from Lord Mayor of Bradford, England (a) Mayor Bishop noted that students from Fowler Junior High School went to the City of Bradford, England recently and would like to make a presenta- tion at the May 22, 1978 Council Meeting showing slides of their trip. /b) Motion by Councilman Wakem. secc•nded by Councilman Mickelson to receive and file Approved by unanimous vote of Council 7 RESOLUTION No, 78 23 A RESOLUTION OF THE TIGARD CITY COUNCIL ACKNOWLEDGING RECEIPT OF A TRIPIE MAJORITY ANNEXATION PETITION CON SENTING TO THE ANNEXATION OF LANDS DESCRIBED HEREIN AND REQUESTING FORWARDING TO THE PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 'Krueger Annexation) (a) Motion by Councilman Mickelson, seconded by Councilman Wakem to approve t�) forward to the Boundary Commission r•.pproved by majority vote of Council . Councilman Scheckla voting Nay 8 RESOLUTION No 78-24 A RESOLUTION OF THE TIGARD CITY COUNCIL ACKNOWLEDGING RECEIPT OF A TRIPLE MAJORITY ANNEXATION PETITION CONSENT ING TO THE ANNEXATION OF LANDS DESCRIBED HEREIN AND REQUESTING: FORWARDING. TO THE PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION (Eggert Annexaticn) (a) Motion by Councilman Cook seconded by Councilman Wakem to approve to forward to the Boundary Commission Approved by majority vote of Council Councilman Scheckla voting Nay 9 RESOLUTION No 78 25 A RESOLUTION OF THE; TIGARD CITY COUNCIL ACKNOWLEDGING RECEIPT OF A TRIPLE MAJORITY ANNEXATION PETITION CONSENTING TO THE ANNEXATION OF LANDS DESCRIBED HEREIN AND REQUESTING FORWARDING TO THE PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION (Care Center Annexation) (a) Motion by Councilman Mickelson, seconded by Councilman Cook to approve to forward to the Boundary Commission Approved by majority vote of Council Councilman Scheckla voting Nay 10 RESOLUTION No 78. 26 A RESOLUTION OF THE TIGARD CITY COUNCIL ACKNOWLEDGING RECEIPT OF A TRIPLE MAJORITY ANNEXATION PETITION CONSENTING TO THE ANNEXATION OF LANDS DESCRIBED HEREIN AND REQUESTING FORWAROTNG TO THE PORTLAND METROPOLITAN ARFA LOCAL. GOVERNMENT BOUNDARY COMMISSION (Northrup AnneA�ttion) (a) Motion by Councilman Wakem seconded by Councilman Cook to approve the forward to the Boundary Commission Approved by majority vote of Council Councilman Scheckla voting Nay PAGE 2 COUNCIL MINUTES May 8. 1978 71 RFGOIUT1:ON No 78_27 A RESOLUTION OF THF TIGARD CITY COUNCIL ACICNOWLI'DCT ' RECEIPT OF A TRIPLE MAfORITY ANNEXATION PETITION N SFNT.JNG TO THE ANNEXATTON OF LANDS DESCRIBED HEREIN AND REQUESTTNG FORWARDTNG TO THE PORTLAND METROPOLITAN AR :A JOCAJ GOVERNMENT BOUNDARY COMMTSSION �.Tolivett.e Annexat.iont (a) Motion by Councilman Cork. seconded by Councilman Mickelson to approve to forward to the Boundary Commission Approved by majority vote of Council Councilman Scheckla voting i43,; 12, ; . .,.q—''IJON No 7828_ RESOLUTION OF THE TICARO CITY COUNCIL k('CL•'P"FTN E IMPROVEMENTS CONSTRUCTED WITHIN r I I:. SIIBDIVI a CON y �RFEE vN SW ARU PARA: G) ,Notion by Councilman Wakem seconded by Councilman Schecl:la to a ,F!;,.0v Approved by unanimous vote of Council 13. APPROVE 0 L C C APPLICATION Flying J Inc . (Fastway Gas & Pop Shop }, 11595 SW Pacific Highway, PS Application (a) City Administrator stated that Pul ice Department had matter further with owners of propertyand reconv rbl i.0 cl;.. uendcd tabling aC lids {.;,:, (b) Motion by Councilman Mickelson. seconded by Courtciln,an Cook to c,bla until future meeting :;- Approved by unanimous vote of Council 14 ACCEPT STORM SEWER EASEMFNT - SW 1.06Ch & North Dakota (a , City Administrator noted that the sit.e is located at the old 1te�z :cr Plant and USA Board had granted a ] 5e,lSe,T;ent upor; acre >t�,;rce ,� ac r ! y t l; !b) Motion by Councilman Cook seconded by Couucil,r,ar, htickelc easement. nn to :r,_t,n',t Approved by unanimous vote of Council 15 APPROVE CHANGE ORDERS 1 . 2 & 3 (S5 203.00 + Dale's Sand and Gravel. Cr, (,re,•r,i,.,�t, Road & Tigard Stteet Project 'A) City Administrator stated that .he .$5.203 00 over run wa for fill at the diiveways relocation of an 1.8" and an additional marhoJe. T storT ;ewer at {'enter street„ t was noted the funds were t,u(lgeted jr, the Cspital Budget in Storm Sewer Funds !b) Motion by Councilman Wakem. seconded by COuncilman Coo orders #1 2. and 3 in the amount of $5 203 00 k to app-0,," Approved by unanimous vote of Council PAGE 3 COUNCIL MINUTES May 8, 1978 PUBLIC HEARING - 8:00 P.M. 16, 1978-79 BUDGET (a) Federal Revenue Sharing Fund (1) Public Hearing Opened (2) Public Testimony No one appeared to speak. (3) Public Hearing Closed (b) State Revenue Sharing Fund (1) Public Hearing Opened (2) Public Testimony No one appeared to speak (3) Public Hearing Closed (c) 1978-79 City of Tigard Budget (1) Public Hearing Opened (2) Public Testimony No one appeared to speak (3) Public Hearing Closed (d) Consideration by Council: City Administrator noted he had held a public hearing at City Hall on May 3, 1978, as required by Federal Revenue Sharing Laws, and at that time no one appeared. (e) Motion by Councilman Cook, seconded by Councilman Mickelson to adopt 78.79 Budget as approved by Budget Committee. Approved by majority vote of Council Councilman Scheckla abstaining. 17. ORDINANCE No. 78-30 AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE IN THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY. COMMISSION, ORDER No. 1197, INVOLVING LANDS OF WAYMIRE ANNEXATI0N. SECTION 15, T2S, R1W, W M , WASHINGTON COUNTY, OREGON. RECORDING EFFECTIVE DATE AND DECLARING AN EMERGENCY (SW Durham Road & 98th Ave. parcel contains 60 41 acres). (a) Motion by Councilman Mickelson, seconded by Councilman Wakem to approve. Approved by a 4 to 1 majority vote of Council . Roll Call vote as follows: Mayor Bishops Councilmen Cook, Mickelson and Wakem Aye; Councilman Scheckla voting Nay. Ordinance No. 78-30 will require a second reading. PACE 4 - COUNCIL MINUTES . May 8, 1978 18. ORDINANCE No. 78-31 AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CFANGE IN THE BOUNDARIES OF THE CITY OF TIGARD By THE BOUNDARY COMMISSION, ORDER No. 1196, INVOLVING LANDS OF WARDIN PROPERTIES, SECTION 1, US, RANGE 1 WEST, W.H. WASHI14GTON COUNTY, OREGON, RECORDING EFFECTIVE DATE AND DECLARING AN EMERGENCY, (Vicinity of. SW Gonzaga, Franklin, Elmhurst and I-5, parcel contains 6.3 acres). (a) Motion by Councilman Cook, seconded by Councilman Wakem to approve. Approved by 4 to l majority vote of Council. Roll call vote as follows: Mayor Bishop, Councilmen Cook, Mickelson and Wakem voting Aye, Councilman Scheckla voting Nay. Ordinance No . 78-31 will require a second reading. 19. ORDINANCE No. 78-32 AN ORDINANCE REPEALING SECTIUNS 18.20.090(5), 18.24.060(5), 18,36.050(7), 18.40.080(5), 18.44.060(5), 18.48.060(5), AND 18.52.090(5) OF THE TIGARD MUNICIPAL CODE TO THEREBY ELIMINATE AMBIGUITY RESULTING FROM THE AMENDMENT BY ORDINANCE 70-32, OF SECTION 18, TIGARD MUNICIPAL CODE, FIXING AN EFFECTIVE DATE. (a) Motion by CouncilmAn Cook, seconded by Councilman Scheckla to approve. Approved by unanimous vote of Council. 20. RESOLUTION SUPPORTING ST. MARY'S WOODS STATE PARK. (a) Set over from May 1, 1978 Council meeting. (b) City Administrator recommended tabling this item until Ben Altman had a chance to attend a Washington County Advisory Committee meeting next week. (c) Motion by Councilman Cook, seconded by Councilman Mickelson to table for two weeks. Approved by unanimous vote of Council. 21. OTHER: (a) Tax Base & Committee for the Improvement of Tigard. (1) Mayor Bishop stated the committee was in need of additional funds. He also noted that the committee seemed to be well organized and had done an outstanding job so far. (2) Mrs. Hiedi Thompson distributed samples of the brochures which had been printed for distribution the week of May 15th. Mrs. Thompson also requested Council make funds available from the City Budget (public relations account), if the committee was unsuccessful in raising additional funds to meet the bills. PAGE 5 - COUNCIL MINUTES - May 8, 1978 a (3) City Administrator and Mayor Bishop stated they wanted to go on record as challenging a recent newspaper article which misrepresented several items in regard to the proposed budget. (4) Mayor Bishop stated that he personally felt the City should not give financial assistance in this matter. (5) At Councilman Wakem's suggestion, Mayor Bishop, Councilmen Cook, Mickelson and Wakem agreed to financially commit themselves to pick up the deficit for the cost of the brochure. (b) Councilman Cook stated he wished to Clarify his motion as noted in the April 24th minutes, page 8, item #18, subsection (f). His intent was to not include the Planning Director's recommendation No. 2 as noted in subsection (d). Councilman Scheckla stated he would wish to remove his second from that motion if recommendation No. 2 was not adopted. Mayor Bishop requested that staff prepare a verbatim transcript of that motion and present it at the May 15th Study Session for further consideration, Legal Counsel stated that Councilman Scheckla could not withdraw his second on the motion, but he could request to have the matter reconsidered. (c) City Administrator stated Cook Park Improvement Bids were opened on May 4, 1978, at 3:00 P.M. Only one bid received, which was from Cascade ConstructJan Co., in amount of $114,628.00, which was considerably higher than the budgeted amount. City Administrator suggested sending this item back to the Park Board for their recommendation. Mayor Bishop stated he hoped the Park Board would look at alternate possibilities and investigate using Public Works employees for some work. Consensus of Council was to return this to the Park Board for their recommendation. (d) City Administrator recommended Selection Committee meet on Thursday, May 11, 1978 at 5:00 P.M. to interview citizens interested in board positions which are currently vacant. It was noted that the newspapers had advertised these vacancies and there had been some response. (e) Mayor Bishop noted that Council had received in their folders a pamphlet on alternate financipg and would consider this matter at a future meeting. (f) Councilman Scheckla requested Council acknowledge Officer Chuck Martin, Park Board Member Mary Payne and Planning Commission Chairman Allan Popp for outstanding community participation as they had received awards at the Chamber of Commerce First-Nighter Award Dinner. Consensus of Council was to have resolutions drawn up for consideration at future meeting. PAGE 6 - COUNCIL MINUTES - May 8, 1978 • y h s 522. ADJOURNMENT • P.M. c City Y ?o. 5=fes RecorderOr `5 t r._ 4, _ -Mayor City of Tigard F PAGE 7 COUNCIL MINUTES May 8, 1978 a. 1 •/",+'i4".t{fir r„ .a.•�1.1 r, 1 � 1; Y .i• y:r f" .'T.