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City Council Packet - 07/09/1979 71� TIGARD CITY COUNCIL REGULAR MEETING JULY 9, 1979, 7:30 P.M. FOWLER JUNIOR HIGH SCHOOL LECTURE ROOM AGENDA NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME ON THE APPROPRIATE SIGN--UP SHEET(S) , LOCATED AT THE BACK OI' THE ROOM. PERSONS DESIRING TO SPEAK WILL THEN BE CALLED FORWARD BY THE CHAIR TO SPEAK ON THE INDICATED ITEM(S) . 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 member or member of the audience, that item will be removed from the consent agenda and will be considered separately.) (a) Approval of Minutes - June 25, 1979 6 � �) (b) Approval of Expenditures and Investments: $��� -� (c) ACCEPT STREET 'DEDICATION - S.W. 109ti venue - Jack Annand Approve :and authorize signing by Mayor and City,Recorder. (d) ACCEPT SUBDIVISION COMPLIANCE AGREEMENT - Genesis #3 Lots 53-96 Approve and authorize signing by Mayor and City Recorder. 6. OLCC APPLICATION -'illusions EntertainmentLimited a newly formed'corporation, applying; for license at 11590 SW Pacific Highway. _(Class A License). (a) Recommendation of Chief of Police. 7. REFUND REQUEST - Ken Story Company - 121st Avenue - System Development Charge. (a) Recommendation of City Administrator. 8. APPROVAL EMERGENCY VEHICLE PREEMPTION AGREEMENT - Pacific Highway TSM Project - City of Tigard and T.R.F.P.D. (a') Recommendation of City Administrator. 9. AUTHORIZE REQUEST FOR BIDS - Street Sweeper (a) Recommendation of City Administrator. ' 10. AUTHORIZE REQUEST FOR BIDS - Roof Repair For City Hall` (a) Recommendation of City Administrator. i 4 , 8:00 P.M. PUBLIC HEARINGS 11. S.W. KATHERINE STREET SANITARY SEWER 1.MPROV2'1,%NT DISTRICT #13 PROPOSAL (a) Public Hearing Opened (b) Summation by City Administrator (c) Public Testimony Proponents Opponents Cross Examination (d) Recommendation of City Administrator (e) Public Hearing Closed (f) Consideration by Council. 12. S.W. KATHERINE STREET STORM SEWER IMPROVEMENT DISTRICT #14 PROPOSAL (a) Public Hearing Opened (b) Summation b- City Administrator (c) Public Testimony Proponents Opponents Cross Examination (d) Recommendation of City Administrator (e) Public Hearing Closed (f) Consideration by Council. 13. S.W. 121ST AVENUE SANITARY SEWER IMPROVEMENT DISTRICT 115 PROPOSAL (a) Public Hearing Opened (b) Summation by City Administrator (c) Public Testimony Proponents Opponents Cross Examination' (d) Recommendation of City Administrator (e) Public Hearing Closed (f) Considerationby Council. lis. S.W. VARNS STREET - STREET IMPROVEMENT DISTRICT #15 PROPOSAL (a) Public Hearing Opened (b) Summation by City Administrator (c) Public Testimony Proponents Opponents Cross Examination' (d) Recommendation of'City Administrator ' (e) Public Hearing Closed (f) Consideration;by Council.` 15. OTHER 16. EXECUTIVE SESSION - Under provisions of ORS 192.660 (2) (d) regarding Wheeler- Killion Claim. 17. ADJOURNMENT PAGE 2 - COUNCIL AGENDA'- JULY 9, 1979 01 INy i T I GAR D CITY COUNCIL REGULAR MEETING MINUTES, July 9, 1979, 7:30 P.M. 1. ROLL CALL: President of the Council John E. Cook; Councilmen Tom Brian, Councilwoman Nancie Stimler; Legal Counsel, Joe D. Bailey; City Administrator, R.R. Barker; City Recorder/Finance Director, Doris Hartig; Research & Development Aide, Martha McLennan. 2. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS. (a) No one appeared to speak. 3. APPROVAL OF MINUTES - June 25, 1979 (a) Motion by Councilman Brian, seconded by Councilwoman Stimler to approve. Approved by unanimous vote of Council members present. 4. APPROVAL OF EXPENDITURES AND INVESTMENTS: $101,628.33 (a) Motion by Councilman Brian, seconded by Councilwoman Stimler to approve. Approved by unanimous vote of Council members present. 5. ACCEPT STREET DEDICATION S.W. 109th Avenue - Jack Annand (a) Motion by Councilman Brian, seconded by Councilwoman Stimler to accept and authorize signing by Mayor and City Recorder. Approved by unanimous vote of Council members present. 6. ACCEPT SUBDIVISION COMPLIANCE AGREEMENT t - Genesis #3 Lots 53-96 (a) Motion by Councilman Brian, seconded by Councilwoman Stimler to accept and authorize signing by Mayor and City Recorder. Approved by unanimous vote of Council members present. F a 7. -0-LCC APPLICATION - Illusion Entertainment Limited, 11590 S.W. Pacific Highway, a newly formed corporation, applying for a Class A License. (a) City Administrator reported that not all of.' the names of the corporation' had been submitted, and therefore recommended that this item be tabled. (h) Motion by Councilwoman Stimler, seconded by Councilman Brian to table. Tabled by unanimous ;vote of Council members present. 8. REFUND REQUEST - Ken Story Company - 121st Avenue - Systems Development Charge. (a) City Administrator, referring to a letter from the Ken Story Company dated March 12, 1979 and a memorandum from the Engineering Division dated July 3, 1979, recommended that the City refund the Ken Story in the amount of $2, 980.30. (b) Motion by Councilman Brian, seconded by Councilwoman Stimler to approve the refund as recommended by the City Administrator. Approved by unanimous vote of Council members present. 9. APPROVAL EMERGENCY VEHICLE PREEMPTION AGREEMENT (a) City Administrator reported that authorization was needed by the Council to sign an agreement with the Tigard Rural Fire Protection District for matching funds from them for the installation of preemption equipment in the traffic signal controllers which are a part of the Pacific Highway T.S.M. Project. He went on to recommend that Council authorize signing of the agreement with the stipulation that T.R.F.P.D. make payment in full prior to construction (explaining that City matching funds would be required at that time). (b) Motion by Councilman Brian, seconded by Councilwoman Stimler to approve and authorize signing by the City Administrator and Finance Director ' with the stipulation made that payment must be received from T.R.F.P.D. prior to construction. " 10. AUTHORIZE REQUEST FOR BIDS Street Sweeper (a) City Administrator, noting that this expenditure had been;approved in the budget, recommended approval. (b) Motion by CouncilwomanStimler, seconded by Councilman Brian to authorize request forbidsfor the purchase of a Street Sweeper. Approved by unanimous vote of Council members present. 11. AUTHORIZE REQUEST FOR BIDS - Roof Repair for City Hall (a) City Administrator, noting that this expenditure had been approved in the budget, recommended approval. (b) >Motion by Councilman Brian, seconded by Councilwoman Stimler to authorize request for bids for the City Hall roof repair. Approved by unanimous vote of Council members present. REGULARMEETING MINUTES , July 9, 1979 - Page`2 As there was time before the 8:00 hearings - Council considered items listed under 'Other' on the agenda. 12. OTHER (a) City Administrator reported that a petition had been received from Summerhill Park;Summercrest Subdivision residents for the formation a£ a Sewer L.I.D. He went on say that owners of 27 lots had signed the petition. He recommended Council approval of the engagement of an engineer to conduct a feasibility and cost estimate study. Councilman Brian wondered if this project could be delayed until the new Director of Public Works is hired. City Administrator reported that the selection and placement of the Director of Public Works would take one to two more months and recommended that an outside firm be utilized for this project. After much discussion by Council regarding the choice of Engineering firms, Councilwoman Stimler moved to authorize retention of Regional Consultants Incorporated or Harris & McMonagle for the feasibility study for this project. Seconded by Councilman Brian. Approved by unanimous vote of Council members present. (b) City Administrator reported that Southern Pacific, weather permitting, would be repairing the railroad crossing on Main Street on Wednesday. He went on to say that the Public Works crews would be assisting with flagging. (c) City Administrator, referring to a letter from the Planning Director, reported that all conditions of the landscape performance bond for _ Way Lee had been met. He recommended release of the 'bond in the amount of $13,100. Motion by Councilman Brian, seconded by Councilwoman Stimler to approve the release of the landscape performance bond in the amount of $13,100 for Way Lee. Approved by unanimous vote of Council members present. (d) City Administrator reported that the parking lot in Cook Park would be graded and graveled prior to Town & Country Days. He went on to report that an extension had been granted on the project until June, 1980. (e) City Administrator reported that research was being done on printing of the budget which showed a 'potential savings of $450 by sending the ; printing work out to Beaverton Print Shop (affiliated with; the ,City of Beaverton). He went on to report that there were 71 master pages, and 75 copies would be needed.' Furthermore as printing has been done in-house in the past, no funds were budgeted this plfYpnCP� and he recommended transfer of funds to cover this printing. Councilman Brian questioned the need for 75 copies. ;City Recorder reported that most of' last>year's 75 copies had been distributed, but said she would review the need for this many. REGULARMEETING MINUTES, July 9, 1979, Page 3 8:00 P.M. PUBLIC HEARING OPENED 13. S.W. KATHERINE STREET SANITARY SEWER IMRPOVEMENT DISTRICT - 913 PROPOSAL (a) City Administrator gave a background on this project, stating that Council had received a petition from 6 lot owners; had authorized the engineering study; received information from Harris & McMonagle recommending Option I at a cost of $52,000 for the entire project ($2,600 per lot) . He cleared up a numbering error on the project proposal (lots 100, 1103, 1104, 1105, 1106, 1108, 1109 & 1110 are the correct lot numbers). He went on to discuss the assessment process for lot 1.00 which consists of 9 buildable lots, resulting in an assessment of $23,400. (b) Paul Patrick, 10235 SW Katherine, wondered if the results of the Corps of Engineers Study had been completed. Stuart L. Cato, of Harris & McMonagle, reported that no information had yet been received. (c) City Administrator recommended that Council direct staff to prepare an Ordinance to form the LID and call for the Engineer to prepare bid specifications. (d) Motion by Councilman Brian, seconded by Councilwoman Stimler to direct staff to prepare the necessary Ordinance. Approved by unanimous vote of Council mambers present. 14. S.W. KATHERINE STREET STORM SEWER IMPROVEMENT DISTRICT- #14 PROPOSAL (a) City Administrator reported,that the history of thisprojectfollowed the same process as the Sanitary Sewer project. He went on to say that the total cost projection on the project was $37,703 ($15.52 per `foot ' frontage; average '75 foot frontage cost of $1,164.00). (b) Dewey Hamilton, 10175 S.W. Katherine Street, spoke in opposition'" questioning the cost/benefit ratio to the community. He went on to say that there was very little problem with runoff and surface water.. He also questioned the notification period and procedures. (c) After an informal poll of present property owners (7 of 9 ;present op- posed), City;Administrator recommended that Council not authorize this project at the present time. (d) Councilwoman Stimler expressed her ;concern that this was needed in the community and spoke to the increased cost of postponement, but felt that if the community did not want it, it should not be forced. Councilman',Brian agreed with Councilwoman Stimler's `feelings. (e) Motion by Councilman Brian, seconded by Councilwoman Stimler nottoauthorize the project at present. Not authorized by unanimous vote of Council members present. REGULAR MEETING MINUTES, July 9, 1979, Page 4 15. S.W. 121ST AVENUE SANITARY SEWER IMPROVEMENT DISTRICT - 415 PROPOSAL. (a) City Administrator reviewed the history of this project: he stated that £Mots were involved; total projected cost was $27,000 ($3,375 per lot); one letter had been received in opposition to the project from Mr. A. L. Fieber, Tax Lot 101. (b) Mr. A. L. Fieber, 12070 S.W. 121st, Tax Lot 101, spoke in op- position stating that his septic tank functions quite well and he has no need for the sewer. (c) After much discussion by Council, City Administrator and Stuart Cato (Harris & McMonagle Engrs.), City Administrator and suggTax ested that the Ann Street trunk be left out of the prof 2 be deleted from the project. Councilwoman Stimler suggested that as the owner of lot 102 was not present at the meeting, this item should be delayed until further research could be done. (d) Motion by Councilman Brian, seconded by Councilwoman Stimler to table until the July 16, 1979 Council meeting. Tabled by unanimous vote of Council members present. 16. S.W. VARNS STREET - STREET IMPROVEMENT DISTRICT - #15 PROPOSAL brief history of the project stating that (a) City Administrator gave a 5 of the 7 lot owners had signed the petition. He went on to point out that this project would occur on the industrial section of Varns Street. He recommended that Council direct staff to prepare the necessary ordinance to form the L.I.D. (b) Motion by Councilman Brian, seconded by Councilwoman Stimler to direct - staff to prepare the necessary papers. f Approved by unanimous vote of Council. s _ s' 17. OTHER - (Continued from Item 412) (f) councilwoman Stimler questioned the;status of the Senior Citizen'Center project and-ask , for direction on howtheSite Selection Committee should proceed. City Administrator reported that the final papers will ed be signed in about two weeks, and suggested that the Site committee prioritize the sites. He went on to say that he thought it would be appropriate to inform the site owners of their standing on the list. RECESS: 9:05 P.M. RECONVENED 9:20 P.M. Council went into executive session under the provisions of ORS 192.660 (2) (d) ;. regarding Wheeler-Killion Claim. Attorney Bailey reviewed City's positio"e nd possible action by City. Council consid r�3crecommendation tandagaveufurther , direction to City Attorney'. Meeting adjourned 9:30 P.M. ,ty Recoxder A l PAYMENT OF BILLS FOR COUNCIL APPROVAL, -- PROGRAM BUDGET JUNE 30, 1979 Community Protection Police 9,686.63 Public Works 1,494.43 Municipal Court 73.48 Planning 756.87 Building 937.03 Total Community Protection 12,948.44 Home & Community Quality Public Works 13,671.96 Social Services Library 437.85 Aged Services 327.22 Youth Services 97.70 Historical Total Social Services 862.77 Policy & Administration Mayor & Council 946.81 Administration 442.38 Finance 1,045.61 Total Policy & Administration 2,434.80 City Wide Support Functions Non-departmental 6,566.96 Misc. Accounts (refunds & payroll deductions, etc.) 29,031.69 CAPITOL 'BUDGET Community Protections Road Acquisition & Dev. Parks Acquisition & Dev. 13.56 Storm Drainage Total Community _Protection 13.56 Support Services Donations DEBT SERVICE General Obligation Bond Bancroft Bond UNIFIED SEWERAGE AGENCY Contract 36,098.15 TOTAL AMOUNT OF CHECKS WRITTEN 101,628.33