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City Council Packet - 10/06/1975 SPECIAL MEETING A SPECIAL MEETING OF THE TIGARD CITY COUNCIL WILL BE HELD AT 7:30 P. M. ON MONDAY, OCTOBER 6, 1975 IN THE LECTURE ROOM AT THE NEW FOWLER JUNIOR HIGH SCHOOL, 10865 S. W. WALNUT FOR THE PURPOSE OF DISCUSSION - UTILITIES LOCATION - HUNZIKER L.I.D. TIGARD CITY COUNCIL STUDY SESSION 7:45 P. M. , OCTOBER 6, 1975 AGENDA: 1 . GARBAGE FRANCHISE DISCUSSION. 2. COMPREHENSIVE LIABILITY INSURANCE RENEWAL. 3. PLANNING COMMISSION STRUCTURE - COUNCIL DISCUSSION. 4. RECOMMENDED CHANGES IN FEES FOR ZONING AND SUBDIVISION MATTERS - DICK BOLEN 5. LIBRARY EXPANSION PROPOSAL - ANN HICKS 6. PARK AND OTHER PUBLIC DONATIONS - DISCUSSION. 7. OTHER TIGARD CITY COUNCIL E' STUDY SESSION - OCTOBER 6; 1975, 8:05 P. M. ZOLL CALL: Present: Mayor Wilbur A. Bishop; Councilmen Ralph C. Barkhurst, John E. Cook, Alan W. Mickelson, Robert C. Moore; R. B. Adams, Chief of Police; Russel Austin, Building Official; Joe D. Bailey, Legal Counsel; Dick Bolen, Planning Director; Bruce P. Clark, City Administrator; Ann Hicks, Librarian; Doris Hartig, City Recorder. 1. GARBAGE FRANCHISE DISCUSSION City Administrator distributed copies of proposed amendments submitted by the garbage franchise haulers along with City Administrator's proposals. City Administrator request- ed Council concurrence as he synopsized the various proposals. Council reviewed and requested City Administrator to come back with proposed ordinance for review and acceptance. 2. COMPREHENSIVE LIABILITY INSURANCE RENEWAL City Administrator inquired if Council wished to request bids on renewal of the City's comprehensive k..iability insurance. Policy cannot be renewed by the present agent, so that if the City. wished to renew with the same company they would have to select a new agent. City Administrator recommended Council authorize staff to attain an agent to renew present 'policy at the best rates available. Motion by Councilman Moore to authorize staff to attain agent to renew present policy at the best rates available; seconded by Councilman Cook. Approved by unanimous vote of Council. 3. LIBRARY EXPANSION PROPOSAL City Librarian synopsized Tigard Jaycees proposal, to support the library's need for added space by paying rent of $125 per month for additional 2500 square feet, for the remainder of the fiscal year, provided the city would assure them that the additional space will be included in the library's operating budget for future years. Council and staff discussed the committment of funds to pay for expanded library. Motion by Councilman Barkhurst to thank the J. C. for their offer; indicate to them Council is committed to library program and will .make a committment to the J.C. 's to the extent of including the proposal in first budget ,request. If the budget fails the Council cannot guarantee to finance the expanded program; motion seconded by Councilman Cook. Approved by unanimous vote of Council. RECOMMENDED CHANGES IN FEES FOR ZONING AND SUBDIVISION MATTERS. City Planner synopsized report on proposed amended fee schedule. Council and staff discussed proposal and suggested various amendments. Council requested staff to prepare for next council meeting amendment to ordinance which will allow for adoption of fees by resolution. S. Staff requested items 3, "Planning Commission Structure" and 6, "Park and Other Public ( Donations" be continued to another meeting. Council concurred. l- 6. OTHER BUSINESS City Administrator reported the City's tax rate for 1975-76 is 82o per $1000 valuation and the. City's .total .valuation is,$187,368,142. Councilman Mickelson commented he felt Council should recognize the years of service performed by former City Attorney Fred Anderson. No action was taken by Council in response to suggestion. Chief of Police discussed copy of notice distributed to school bus drivers with respect to violators of law governing stopped school busses. Police department will send courtesy notice to violators calling attention to observance of the law and encouraging safety of the school children. Meeting adjourned 11:45 P. M. C ty Recorder ATTEST: Mayor ?AGE 2 - COUNCIL MINUTES - October 6, 1975 TIGARD CITY COUNCIL SPECIAL MEETING OCTOBER 6, 1975, 7:30 P. M. ROLL CALL: Present: Mayor Wilbur A. Bishop; Councilmen Ralph C. Barkhurst, John E. Cook, Alan W. Mickelson, Robert C. Moore; R. B. Adams, Chief of Police; Russel Austin, Building Official; Joe D. Bailey, Legal Counsel; Dick Bolen, Planning Director; Bruce P. Clark, -City Administrator; Doris Hartig, City Recorder. Special-meeting was called by the President with the common consent of the Council for the purpose of discussion of utilities location with respect to the Hunziker Street Improvement. Attorney Bailey and City Administrator discussed with Council the relocation of 11 utility poles on S. W. Hunziker Street. City has requested Portland General Electric and General Telephone Company to move the utility poles from the edge of the curb to the edge of the street right-of-way. It is the City's position the franchise states the poles must be moved at the franchisee's expense. To date the utility companies : have not complied with City's request as it is their position the franchise deals only with poles in the public right-of-way where they don't have a private easement. P.G.E. has such an easement for four poles located at the east end of the improvement and they are unwilling to relocate the remaining 7 poles. City staff requested authorization to file a law suit to have the poles moved at the expense of the utility companies. Motion by Councilman Moore to authorize City Attorney to take appropriate action to cause relocation of the poles on S. W. Hunziker Street; motion seconded by Councilman Barkhurst. Approved by. unanimous vote of Council. Meeting; adjourned: 8:05 P. M. City Recorder rA ATTEST: Mayor 4 ® CITY OF TIGARD P. O. Box 23557 12420 S. W. Main Tigard, Oregon 97223 October 3, 1975 A SPECIAL MEETING OF THE TIGARD CITY COUNCIL HAS BEEN CALLED BY THE PRESIDENT WITH THE COMMON CONSENT OF THE COUNCIL AT 7:30 P.M. ON MONDAY, OCTOBER 6, 1975, IN THE LECTURE ROOM AT THE NEW FOWLER JUNIOR HIGH, 10865 S.W. WALNUT, FOR THE PURPOSE OF DISCUSSION - UTILITIES LOCATION - HUNZIKER L.I.D. esi en t of ttie Co ciTl v" PARK DONATIONS Cook'Park Shelter Junior Chamber of Commerce Tigard' Lions Club Sand Box Jaycettes Teeter Totter Kiwanis Flag Pole & Planting American Legion & Auxiliary Swing Set Junior Women Woodard Park Bridge Lions Club h Y Memorandum To: City Council and Planning Commission From: Planning Department Subject: Fee Schedules for Zoning & Subdivision Items Date: September 23, 1975 As a result of the financial situation that is presently afflicting the City, it is necessary that every revenue source be examined to see if a few extra drops can be squeezed out. The fees charged for zoning and subdivision items have not been revised since 1972. As a result, we find that Tigard has one of the lowest fee schedules of the jurisdiction in Washington County. While it seems obvious that the fees should be revised upward, possibly now is the time to re- examine the basis for fees charged in order to ascertain that they are properly related to the service provided. The basis for the fees charged on zoning items has, in the past, been related to the amount of staff time spent on a particular category of request and the fees charged by other cities in Washing- ton County. Traditionally the greatest emphasis has been on keeping pace ;with the fee schedules of other cities. The intent is to re- cover a portion of the cost of staff time expended in reviewing an application. The question which is asked each time a revision of fee schedules is considered is, how much of the cost of reviewing an application should the City attempt to recoup in the form of application fees? Should the applicant be required to cover the entire cost of considering his request or should the taxpayer (the public, whose interests are being protected) be required to bear a portion of the cost? Last year in a staff report to the Multnomah County Planning Com- mission, the planners stated their opinion that the applicant should bear the direct cost of considering his request. Their report states, "In all publicly sponsored activities, those who receive benefit from an activity are seldom paying for the full cost of the activity that provides that benefit. This disparity, if overly indulged in, can lead to an inequitable redistribution of public funds and benefits. ,, In their staff report they go on to propose a fee schedule based upon the direct cost of supplying service. This direct cost includes only the time spent per application and not the overhead costs of the department. In May of 1975 the County Com- { -2- missioners adopted the proposed fee schedule, thereby accepting this basis for fee scheduling. It is important to point out that the large number of applications being processed by Multnomah County made it possible to cover the direct costs of the Zoning Division of the Planning Department. In other words, the volume served to keep the individual application fee down. If in Tigard we attempted to accomplish the same thing, our lower volume of applications would require a much higher application fee. The fee schedule proposed for Tigard in this report is based upon the following objectives: 1. Match the fee to the size and complexity of the appli- cation request with special consideration for individual home owners and small businesses in need of a Planning Commission decision in order that they may continue to use or logically expand their present use. 2. Attempt to recover as much of the cost of considering zoning and subdivision applications as possible. 3. Do not create too great a disparity between Tigard's fee schedules and those of adjacent cities. EXISTING FEE SCHEDULE Estimated 175-'76 Revenue Projected No. fee Revenue of cases for calendar year 1975 I. Zone Change 3 150 450 2. Conditional Use 25 100 2500 3. Conditional Use Renewal 1 25 25 _ 4. Planned Development 6 250 1500 5. Home Occupation 1 25 25 6. Non-Conforming Use 2 100 200 7. Variance 11 50 550 8. Subdivisions a) Minor land partitioning 11 50 550 b) Major land partitioning 0 50 C) Preliminary plats 6 50 plus 300 $100 for ea. lot over 50 d) lots Variance r 3 75 225 t TOTAL , $6,325. -3- PROPOSED FEE SCHEDULE Projected No. Proposed Revenue of cases for fee calendar year 1975 Zone Change 1. Residential A. 1 acre or less 125 B. 1 acre plus 1 200 200 2. Apartment 1 300 300 3. Commercial & Industrial A. Under 1 acre 300 B. 1-10 acres 1 400 400 C. 10 acres plus 700 4. Planned Developments 6 125 750 (including Chan a of underlying zone Pre. Review General Plan & Program Review A. 1 acre or less 175 B. 1-4 acres 3 275 825 C. 4 acres plus 3 575 1725 5. Conditional Use A. Change in use of an 18 125 2250 existing structure with total of site utilized for use less than 30,000 sq. ft. B. Change in use of an 6 175 1050 existing structure with total of site utilized more than 30,000 sq. ft. C. Outside storage 1 100 100 D. Request involving 7 275 1925 development of a vacant parcel of land -4- Projected No. Proposed Revenue of cases for fee calendar year 1975 E. Renewal 1 50 50 F. Home Occupation 1 50 50 6. Comprehensive Plan 2 500 1000 Amendment 'et n 5'1 e- 7. 7. Non-Conforming Use 2 150 300 8. Flood Plain A. Area of flood plain 1 100 100 affected less than 7500 sq. ft. B. Area of' flood plain 300 affected more than 7500 sq. ft. 9. Variance A. Single family resi- 3 50 150 dential zone B. All other zones 8 125 1000 10. Sign Code Appeal 3 25 75 11. Temporary Use A. by City Administrator 4 50 200 B. By Planning Commission 1 50 50 for less than 6 months C. By Planning Commission 100 for more than 6 months 12. Interpretation of Use 4 25 100 13. Subdivisions A. ' Minor land partitioning 1. residential district 5 50 250 2. Apartments, commer- 3 100 300 �" cial & industrial -5- B. Major land par- 150 tition C. Preliminary Plat 4 100 + 825 $5.00/ lot D. Street Dedication 1 50 50 E. Street Vacation 1 50 100 F. Variance 3 100 300 Design Review Board Project value rased upon 35 .1 of 1% of 3,500 building permit building permit value Total $17,925. r s. s CITY OF TIGARD 9020 S.W. Burnham Street P.O. Box 23557 POLICE DEPARTMENT Tigard, Oregon 97223 Our department received information this date from a school bus driver that the below described vehicle, registered to you, was in violation of state law, O.R.S. 485,020, "Duty to Stop When Bus Loading or Unloading." Oregon Lic. # Location Approx. Time We are confident that the alleged violation was not intentional, as we are all concerned with the safety of our school children in the district, particularly when they are hurrying to and from a school bus. With your understanding and observance of the law, we can make every day a safe day in our school district. Thank you. Sincerely yours, TIGARD POLICE DEPARTMENT fZ�✓G e R.B. Adams Chief of Police NOTE:. .This is a courtesy notice only, and it will not affect your driving record. Please see,reverse side for the - definition of O.R.S. 485.020 Two or Three Lanes Two or Mort Lanes Each Direction IWffi— I II tm fit;;:.• # �#Ir�y.�" I— WAIT1HERE I WAIT HEi • I I 1 ' SCHOOL BUSES Drivers must stop for a school bu-,that has stopped to load or unload students.On a two or three lane highway (see illustration) moth following and oncoming traffic must stop and remain stopped as long as red warning lights near the top of the bus are flashing. On a highway with two or more lanes in each direction (see illustration) you must stop if you are in the lane immediately behind or to the immediate lett of the bus.If you are coming in the opposite direction from the bus,you may proceed with caution.Flashing red lights also are permitted on certain buses used to transport workers.When in use,other drivers must stop in the . same manner as required for school buses. U&G20 !fluty to stop whoa bus loadinx i or aalsadbl. (1) (a) Except as provided in ssbseetloa(2)of this section,when a driver <8) Overtaking a bus while proceeding in of a saotor vehicle aneets or overtakes a bus the same direction as that of the bus.the rear which is stopped on a public highway or a of the bus,'or any point in the highway ex- susuidw thereof and on which is operating a tended from the rear of the bus serosa and ,t 17addeg M warning light that is visible to at right angles to the center line of the high- the drivm.the driver shall stop the vehicle way babas ssaehlng the point described In para- (2) The requirements of subsection (1) of this section do not apply to a driver who graph(e)of this subsection and shall remain meets a bus while proceeding in a direction t stepped so long,as the flashing red warning opposite to that of the bus cn a highway that li%t is operating. has two or more lanes for each direction. ;h).The point mentioned in paragraph (g) It shall be unlawful for the driver of (a)of.thWoubseetion K in the case of: a bus to operate the flashing red warning (Al:-Usetigg.s"while proceeding in a . ' lights except when the bus is stopping or direction oppbsite to that of the bus,the front stopped for the purpose of loading or unload- of the bin,or any point in the highway ex. Ing either school children or any worker as leaded trona the trait of the bus across and defined in subsection (7) of ORS 495.310. at MgM&asks to the anter line of the high- 11959 cJ04 i1:1961 c 54 15:7971 G907 to j - WW- to TIGARD POLICE DEPARTMENT i REPORT - SCHOOL BUS RED LIGHT STOP VIOLATION Ore. License - Make of Vehicle ! Color_ Type of Vehicle— Driver - Male Female n Place of Violation t Approaching BusI Overtaking Bus Date— Bus ate __J --- Time Bus Driver's Name -- – Bus Number Reviewed by School District Phone t` ti