City Council Packet - 11/05/1979 TIGARD CITY COUNCIL
SPECIAL MEETING
NOVEMBER 5, 1979, 7:30 P.M.
FOWLER JUNIOR HIGH SCHOOL
LECTURE ROOM
SPECIAL MEETING CALLED BY MAYOR WITH COMMON CONSENT OF THE COUNCIL �
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 OF
THE ROOM. PERSONS DESIRIING TO SPEAK WILL THEN BE CALLED FORWARD
BY THE CHAIR TO SPEAK ON THE INDICATED ITEM(S).
1 CALL TO ORDEP.
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 f�)nn 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, October 22, 1979
(b) !approval of Expenditures and Investments: $_172,297-06
R
(c) ACCEPT AND AUTHORIZE MAYOR AND CITY RECORDER TO SIGN
Tualatin. Development Co. Sanitary Sewer Easement
Summerfield Commercial' & Retirement Center
(d) RESOLUTION No. 79--103 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING ;
THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN STRAT-
FORD SUBDIVISION, SUBJECT TO HEREIN SPECIFIED
CONDITIONS.
6. APPROVE. MODEL HOME, AMART-ART LUTZ SUMMERLAKE SUBDIVISION
(a) Recommendation of Planning Director'
7. RESOLUTION No. 79- RESOLUTION OF THE TIGARD CITY COUNCIL ESTABLISHING FAIR
MARKET VALISE OF PROPERTY.
(a) Recommendation of City Administrator
8. ORDINANCE No. 79- A14 ORDINANCE RATIFYING, CONFIR14ING AND RECORDING
T_ CHANGE IN THE BOUNDARIES OF THE CITY OF' TIGARD BY
THE BOUNDARY COMMISSION, CORDER NO. 1453, INVOLVING
LANDS OF SUMMERCREST, S.W. QUARTER OF SECTION 34,
TOWNSHIP 1 SOUTH, RANGE 1. WEST, WILLAMETTE MERIDIAN,
WASHINGTON COUNTY, OREGON, RECORDING EFFECTIVE DATE
AND DECLARING AN EMERGENCY.
(a) Recommendation of Planning Director
PUBLIC HEARINGS -- 7:45 P.M.
9, LAND PARTITION REVISION
A request by City of Tigard for revisions to Title 17, Land Partition Ordinance
of the Tigard Municipal. Code, by amending in full the complete title/chapter.
(a) Public Hearing Opened
(b) Summation by Planning Staff
(c) Public Testimony
Proponents
Opponents
Cross Examination
(d) Recommendation of Planning Staff
(e) Public Hearing Closed
(f) Consideration by Council
10. FLOOD PLAIN ENFORCEMENT REVISION
A request by City of Tigard for a revision to Chapter 18.57, Sensitive Lands,
of the Tigard Municipal Code, by adding a new section entitled Enforcement.
(a) Public Hearing Opened
(b) Summation by Staff
(c) Public Testimony
Proponents
Opponents
Cross Examination
(d) Recommendation of .Staff
(e) Public Hearing Closed
(f) Consideration by Council
(g) ORDINANCE No.. 79- AN ORDINANCE AMENDING CHAPTER 18.57 BY ADDING
ADDITIONAL ENFORCEMENT PROVISIONS.
PUBLIC HEARING - 8:00 P.M.
11. PEMBROOK STREET SANITARY SEWER LOCAL IMPROVEMENT DISTRICT
(a) Public 'Hearing Opened
(b) Summary by City Administrator
(c) Public Testimony
Proponents
Opponents
Cross Examination
('d) Recommendation of City Administrator
PAGE 2' - AGENDA - NOVEMBER 4, 1979
(e) Public Hearing Closed
(f) Consideration by Council
(g) ORDINANCE No. 79- AN ORDINANCE CONFIRMING AND RATIF-YING THE
RESOLUTION OF THE CITY COUNCIL OF OCTOBEk 22,
1979, WITH RESPECT TO "PEMBROOK STREET SEWER
IMPROVEMENT DISTRICT"; APPROVING, RATIFYING AND
ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR
CONSTRUCTION OF SANITARY SEWER SYSTEM: DECLARING
RESULTS OF HEARING HELD WITH RESPECT. THERETO;
DIRECTING SOLICATATION OF BIDS FOR CONSTRUCTION;
PROVIDING FOR THE MAKING OF SAID IMPROVEMENTS,
AND DECLARING AN EMERGENCY.
12. RENEWAL - COMPREHENSIVE LIABILITY INSURANCE; UMBRELLA LIABILITY COVERAGE;
FALSE ARREST COVERAGE.
(a) Recommendation of City Administrator
13. RESOLUTION No. 79- A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING
APPOINTMENT TO THE PLANNING COMMISSION
(a) Recommendation of Selection Committee to appoint Allan Popp for a term
expiring July 1, 1980.
14. MARCIENNE TERRACE APARTMENTS - HALF STREET IMPROVEMENTS
(a) Request by applicant for variance of previous condition of development.
15. ORDINANCE No. 79- AN ORDINANCE AMENDING ORDINANCE No. 79--.94 BY AMENDING
SCHEDULE "A" PRESCRIBING AN EFFECTIVE DATE AND DECLARING
AN EMERGENCY.
(a) Recommendation of City Administrator
16. ADJOURNMENT
STUDY SESSION
I. ROLL CALL
2. OREGON DEPART14ENT OF TRANSPORTATION (ODOT); 6 YEAR PLAN - STATE HIGHWAY
PROJECT
3. CRITERIA FOR SELECTING ENGINEER FOR LID - Director of Public Works
4. HARVEY KING SEWER AGREEMENT - Director of Public Works
3 5. USA PROPOSAL REGARDING METZGER'TREATMENT PLANT AND PROPERTY - Planning Director
6. NEGOTIATING TEAM - TMEA - City Administrator
OTHER
8. ADJOURNMENT
PAGE 3 - AGENDA - NOVEMBER 4, 1979
T I G A R D C I T Y C 0 U N C I L
SPECIAL MEETING MINUTES - NOVEMBER 5, 1979 - 7:30 P.M.
1. ROLL CALL: Present: Mayor Alan W. Mickelson; Councilmen Tom Brian; John E. Cook,
Kenneth W. Scheckla, Councilwoman Nancie Stimler; Legal Counsel,
Joe D. Bailey; City Administrator, R. R. Barker; Director of Public
Works, Frank A. Currie; City Recorder/Finance Director, Doris Hartig;
Planning Director, Aldace Howard; Administrative Secretary, Loreen
Wilson.
2. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS
(a) No one appeared to speak.
3. APPROVAL OF MINUTES, OCTOBER 22, 1979
(a) Motion by Councilman Brian, seconded by Councilman Scheckla to approve.
Approved by unanimous vote of Council.
4. APPROVAL OF EXPENDITURES AND INVESTMENTS: $172,297.06
(a) Motion by Councilman Brian, seconded by Councilman Scheckla to approve.
Approved by unanimous vote of Council.
5. ACCEPT AND AUTHORIZE MAYOR AND CITY RECORDER TO SIGN
Tualatin Development_ Company Sanitary Sewer Easement
Summerfield Commercial and Retirement Center
(a) Motion by Councilman Brian, seconded by Councilman Scheckla to approve and
authorize Mayor and City Recorder to execute.
Approved by 'unanimous vote of Council.
6. RESOLUTION NO. 79103 'RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE
PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN STRATFORD SUBDIVISION,
'SUBJECT TO HEREIN SPECIFIED CONDITIONS.
(a) Motion by Councilman Brian, seconded by Councilman Scheckla to approve.
Approved by unanimous vote of Council.
7. APPROVE MODEL HOME, AMART-ART LUTZ Summerlake Subdivision
(a) Planning Director noted location of home in the subdivision and recommended
Council approve for one year.
(b) Motion by Councilman Brian, seconded by Councilman Cook to approve model home
request for one year.
Approved by 3-2 vote of Council. Councilman Scheckla and Councilwoman Stimler
voting nay.
s' -
8. RESOLUTION NO. 79-104 RESOLUTION OF THE TIGARD CITY COUNCIL ESTABLISHING FAIR
MARKET VALUE OF PROPERTY.
(a) City Administrator recommended approval stating that the City would
follow up with formal offer to the property owners at Council's direction.
(b) Motion by Councilman Cook, seconded by Councilwoman Stimler to approve
resolution with City Administrator noted as the negotiator for the sale.
Approved by unanimous vote of Council.
9. ORDIPIANCE NO. 79-95 AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING CHANGE IN
THE BOUNDARIES OF THE CITY OF TIGARD BY THE BOUNDARY COM-
MISSION, ORDER NO. 1453, INVOLVING LANDS OF SUMMERCREST, SW
QUARTER OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 1 WEST,
WILLAMETTE MERIDIAN, Wc�,SHINGTON COUNTY, OREGON, RECORDING
EFFECTIVE DATE AND DECLARING AN EMERGENCY.
(a) Planning Director recommended approval noting that this area is currently
entering into an L.I.D. agreement with the City for sanitary sewer improve
ments.
(b) Motion by Councilwoman Stimler, seconded by Councilman Brian to approve.
Approved by a 4-0 vote, Councilman Scheckla abstaining.
Ordinance # 79-95 will require a second reading. a
PUBLIC HEARINGS - 7:45 P.M.
10. LAND PARTITION REVISION
A request by,City of Tigard for revisions to Title 17 Land Partition Ordinance x
of the Tigard Municipal Code, by amending in full the complete title/chapter.
S
(a) Public Hearing Opened
(b) Planning Director stated history of item and noted revisions to ordinance
since last meeting with Council. f
(c) Public Testimony i
s
Bob Bellinger, 10475 SW Clydesdale Place, recommended approval
(d) Planning Director recommended approval.
(e) Public Hearing Closed
(f) ORDINANCE NO. 79-96 AN ORDINANCE AMENDING,TITLE 17, LAND PARTITIONS, OF i
THE TIGARD MUNICIPAL CODE, AND DECLARING AN EFFECTIVE
DATE.
(g) Motion by Councilman Brian, seconded by Councilman Cook to approve.
Approved by unanimous vote of Council.
PAGE 2 - COUNCIL MINUTES - NOVEMBER 5,1979
11. FLOOD PLAIN ENFORCEMENT REVISION
A request by City of Tigard for a revisision to Chapter 18.57, Sensitive Lands,
of the Tigard Municipal Code, by adding a new section entitled Enforcement.
(a) Public Hearing Opened
(b) Legal Counsel noted that Council had requested him to prepare the
necessary paper work for the item.
(c) Public Testimony
No one appeared to speak
(d) Legal Counsel stated that he felt the ordinance was not necessary but was
glad to support Council's wishes in the matter.
(e) Public Hearing Closed
(f) ORDINANCE NO. 79-97 AN ORDINANCE AMENDING CHAPTER 18.57 BY ADDING ADDITIONAL
ENFORCEMENT PROVISION.
(g) Motion by Councilwoman Stimler, seconded by Councilman Brian.
Approved by unanimous vote of Council.
12. RENEWAL- COMPREHENSIVE LIABILITY INSURANCE; UMBRELLA LIABILITY COVERAGE; FALSE
ARREST COVERAGE.
(a) City Administrator stated the budgeted figure in the 1979-80 budget for
insurance coverage is $39,000.: The two quotes were as follows:
LIABILITY. INSURANCE
STATE
LEONARD &
COVERAGE BUDGETED ADAMS- MARSH &`MCLEN"NAN
Comprehensive General Liability $25,000 $22,889 $28,701
Umbrella Liability * ' 7,000 6,456 10,763
False Arrest 7,000 5,864 2,650*
TOTAL $39,000 $35,209 $42,114'
* False arrest is under Comprehensive General Liability (28,701 figure); this is for
auto physical damage; state's false 'arrest does not cover policeofficers, councilmen
or appointed officials, only the City would have to get a separate carrier.
**$1,000,000; $2 million would. cost $8074 or $1614 more from Leonard Adams.
City Administrator recommended the Council continue with current carrier
for $35,209. and noted that this would be with $1 million dollar umbrella
coverage.
PAGE'3 - COUNCIL MINUTES - NOVEMBER 5, 1979
(b) Motion by Councilman Cook, seconded by Councilman Brian to place insurance
with Leonard Adams Insurance Company in the amount of $35,209.
Approved by unanimous vote of Council.
PUBLIC HEAPING - 8:00 P.M.
13. PEMBROOK STREET SA14ITARY SEWER LOCAL IMPROVEMENT DISTRICT.
(a) Public Hearing Opened
(b) City Administrator noted that petition had been received from 9 of the 10
property owners involved requesting the sanitary sewer improvement due
to septic tank failures.
(c) Public Testimony
Proponents;
Mr. dim Harris, Harris & McMonagle Engineers, stated he was there to answer
any questions.
Mr. Harold Bogert, 9915 SW Pembrook, supported L.I.D. noting suprise nt the high
assessment cost.
Opponents
Mr. William Padgham, 9940 SW Pembrook, requested Council not approve due to the
high cost of the project.
(d) City Administrator recommended approval, noting that the interest on the
bancroft bonds :could be no more than 7%.
(e) Public Hearing Closed
(f) ORDINANCE NO. 79-98 AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE
CITY COUNCIL OF OCTOBER 22, 1979, WITH RESPECT TO "PEMBROOK
STREETSEWERIMPROVEMENT DISTRICT"; APPROVING, RATIFYING AND
ADOPTING PLANSPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION
OF SANITARY SEWER SYSTEM:' DECLARING RESULTS OF HEARING HELD
WITH RESPECT THERETO; DIRECTING SOLICITATION OF BIDS
FOR CONSTRUCTION;, PROVIDING FOR THE MAKING OF SAID IMPROVE
-
MENTS;;AND DECLARING AN EMERGENCY.
(g) City Recorder requested Council insert the date December 11, 1979 on Page 2
Section 3 o the Ordinance for the bid opening date.
(h) Motion by Councilman Cook, seconded by Councilman Brian to approve.
Approved by unanimous vote of Council.
PAGE 4 -'COUNCIL MINUTES -NOVEMBER 5, 1979
. 14. RESOLUTION NO. 79-10.5_ A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING APPOINTMENT
TO THE PLANNING COMMISSION.
Allan Popp - term expiring July 1, 1980-
(a) City Administrator noted that the Selection Committee recommended appointment
however, Mr. Popp had not been interviewed for a few months.
(b) Councilwoman Stimler noted displeasure with the lack of a current interview
with Mr. Popp and the other applicants for the position.
(c) Motion by Councilman Cook, seconded by Councilman Brian to approve.
Approved by 4-1 vote of Council, Councilwoman Stimler voting Nay.
15, MARCIENNE TERRACE APARTMENTS - HALF-STREET IMPROVEMENTS
(a) Planning Director synopsized history of project and read into the record a
Tetter dated October 31, 1979 from Briggs, Hutchison & Hammond, Attorneys
for the contractor of the parcel. Their request was to place a 2" overlay
on Bonita .a front of the development and sign a non-remonstrance agreement
for future L.I.D. improvement of the road. Planning Director stated that
he felt comfortable with that solution if it met with Council's approval.
John C. Hutchinson, Attorney for the Frank Warlick Company discussed issue
with Council and requested Council decision as soon as possible.
(b) Consensus of Council was to direct staff to get signature of current property
owner on the non-remonstrance agreement for additional street improvements
along Bonita Road and a time frame for completion of the 2" overlay. Staff
to report back to Council during the month of November if possible.
1E. ORDINANCE NO. 79-99 AN ORDINANCE AMENDING ORDINANCE NO. 79-94 BY AMENDING SCHEDULE
"A" PRESCRIBING AN`EFFECTIVE DATE AND DECLARING AN EMERGENCY.
(a) City Administrator stated that the cab company las requested Section E in the
Exhibit "A" be amended to show delivery charges. City Administrator noted
that'cab company had failed to request this addition in Ordinance No. 79-94,
but that all the surrounding cities have like charges.
(b) Motion by Councilman Cook, seconded by Councilman Scheckla to approve.
Approved by unanimous vote of Council.
17. Councilman Brian requested Council' send`a letter of,congratulations to the Tigard
High School Football Team wishing them luck in the playoffs. Consensus of Council
was to have Councilman( Brian write letter on 'behalf of the Council.
18. ADJOURNMENT: 8:53 P.M.
it Recorder
4
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PAGE 5 - COUNCIL MINUTES - NOVEMBER 5, 1979
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Item Description; • AGENDA ITEM # 11 PECI.A_T., MEETING
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I wish to testify before the Tigard City Council on
the following item: (Please print your name) i
Item Description: AGENDA ITEM 14 SPEGIAI& MEETING
M.NR'IENNE TERRACE APARTMENTS —1/Z, STAT IMPROVEMENTS
Proponent (for) Opponent (against)
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PAYMENT OF BILLS FOR COUNCIL APPROVAL 0,--fiber 31, 1979
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PROGRAM BUDGET
Community Protection
Police 14x878.08
Public Works X5,292.56
Municipal Court 620.72
Planning 994.34
Building 524.52
Total Community Protection22.360.27
Home & Community Quality
Public Works Z. SAI -R1
Social Services
Library _ 3,231.91
Aged Services _ 176.39
Youth Services 5.000.00_
{
Historical
Total Social Services 8,908.30
Policy & Administration
Mayor & Council 82.47
Administration 38 .15
Finance 1,661.53
Total Policy & Administration 2,127.15
City Wide Support Functions
Non-departmental 1,192.44
Misc. Accounts (refunds & payroll deductions', etc.) 1 .576.25
CAPITOL BUDGET
Community Protections
Road Acquisition & Dev.
Parks Acquisition & Dev. 1 ,7-13 2-7
-
Storm Drainage
TotalCommunity Protection 1,733.27
Support Services
Building Improvements _��•�-2 --
DEBT SERVICE
General Obligation Bond
Bancroft Bond
UNIFIED SEWERAGE AGENCY
Contract
TOTAL, AMOUNT OF CHECKS WRITTENg ?G7 nh
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Janice F.Young,A.M.
J.F. ` ®UNG &ASS0C1 rES 503-644-0960
- -Real Estate Appraisal
mad;ng:
post Office Box 56B
12470 S.W. First Street Beaverton,Oregon 97005
Beaverton, Oregon 97005
October 31, 1979
Mr. Ray Barker
City Administrator
City of Tigard
12420 S.W. Main
'Tigard, Oregon 97223
Dear Mr. Barker:
In accordance with your request I have reviewed the appraisal of the
proposed Tigard Senior Center site, prepared by Harold F. Meyer, MAI,
and dated October 3, 1979 (valuation date September 14,
1979). The
_ property is further described as Tax Lot 600, Assessor's
Map09 No. •2S-1-2DB,
an irregularly shaped parcel containing app
roximately Review of this appraisal has res
included inspection of the subject parcel ,
review and :anaiysis of the appraisal report provided and data presented
therein, and review and analysis of additional data available to this
e appraisal report and data presented regard-
appraiser. In respect to th
ing the property under;appraisal, certain assumptions have been made by
the review`aPpraiser including: that division of the parcel into six r
building sites can be legally accomplished; that the flood plain/greenway
area will not adversely affect development or partitioning for single
family use and that the industrial-zoned portion of the property can be i
used as a park or greenway area to enhance the single-family 'development
to the south portion of the site if not purchased for industrial use by
the adjacent property owner (all of these factors are considered to be
within reasonable accomplishment). 4
After analysis of the report and consideration of the information
it is the review appraiser's opinion that the fair
previously mentioned,
market value of the property is reasonably stated in the appraisal report i
at $50,200.
Very truly,;yours,
anice F. Young, R.M.
JFY•mn