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City Council Packet - 03/01/1976 1 TIGARD CITY COUNCIL j STUDY SESSION AGENDA MARCH 1, 1976, 7:30 P.M. FOWLER JUNIOR HIGH SCHOOL j LECTURE ROOM 1. REPORT ON TOWNE & COUNTRY DAYS PROGRESS 2. NPO #3 MINUTES - Response to Council adopted plan (Held over from 2-23-76 Council meeting) 3. APPRAISAL PROPOSALS 4. CITY LIMITS IDENTIFICATION PROPOSAL - 5. DISCUSSION - Procedures for Filling 'Council Vacancy 6. B.O.R. APPLICATIONS - Discussion 7. DISCUSSION - Hunziker Railroad Crossing j 8. COMMUNICATION - From Alan Popp i 9. OTHER 1 f t 1 i f j `PICARD CITY COUNCIL s'rumy SESSION MARCH 1, 1976, 7=30 P.M. FOWLER JUNIOR HIGH SCHOOL LECTURE ROODS 1. ROLL CALL= Prosent; Dlayor Wilbur f�, B�shop; Counc:ilrr.,6n .John E. C:oo Alan Mickelson, Robert C. Mooref Russel Austin, Bulldlrg 01[icial; Joe Bailey, T,egA� QoUr;selj Dick Bolen, Planning Director; Bruce P. Clark, City Admipjstra�pr; Doris Hartig, City Recorder. MINUTES ARE TRANSCRIBgp IN njE OPER OF DISCUSSION BY COUNCIL. 2. REPORT ON TOWN AND COUNT4Y QAYS PROGRESS (a) Mayor Bishop stated the Town and Country Days Committee ttiou?.d he ready to present a pro;ress report at the Council's regular meseting March 6th. 3. NPO #3 - Resppnpe to CQu}3gi1 adopted plpn (held over from 2-23-76 Council moet4pg) (q) NPO X13 minutan of 00ir VAbrunry Sj 1976 meeting were discussed by Council and stAif, Planning Director 4xplainad the NPO 03 was requesting Council to gmend the plan in twQ Araaq 1) to be ,amended to read the residential areas abuttin . C-3 zoned areas on Paci—ffc- Highway be rotad a Ai satin c o arrns"�of Bufferin from noise' and-� v 's s of tion` c v.� u d o p6ar in the commercial develo menta; Arid Pot cy 74 not A ete 6pec iiia right-of-way and pavement width requirements, NFO 03 members urge Council to amend plan to include st4nd4rds prgppsed by the NPQ, Council requested NPO 03 be made aware of the existing City Noise Ordin4nes and also $tate DER re$414tions. , Discussipn enpupd on how tha*e. proposed Plan amendments should be properly processed. Council coneyrred NPO #3 np*ded direction oa hok :o procNed azd requested Legal Counsel and Planning Director rrect and estahlSsh procedure for treadling this and similar requests. 4. PETITION SUBMISSIQN REGARDING WOOKAKE PROPERTY - Motorr_ycti.st noi.«_ and tre passing. (a) City Administrator handed out cop:iea of a letter from Edwards Industries, Ipe. (owner of Woodlake property) and a "Peti.t9on For Relief" signed by 106 residents of Derry Deli Court area. R.ith . documento registered coMplaipts of motorcycle noise and cyclists trespassing. _ Present to testifyi Mr, & Hr$, Chapman >K�', �pt►wartz >Kr3 j "alverson J k (61 City Adiaiuistrat•.c,r stal:eid tihc. L'nlict� hepars.r;e :+: ti;to 1-den step ui, enfarceci;e„n t: 4''f:iOrr.y against the trcl,as cyclists, [., further swted a1.1 the nt lglibn-nc 'cc! =:c1 ` wariied anti td-iusly dlscontlnued to use the t are;t •iit:~felt. "cm.L area" c;yclis is aaere still using the proper ty. it. :.as r,o'L!:.! :.i:ia t :ii t would take spnie time before total non-use• would occur: dui, to fit, nature of the state trespass laws. Mr. ScnwarG7. stated he felt police were not. always rusporl(licig as peomptly as possible. Mr. Chapman suggested the area be developed for residei:t. cyclists use, to be used at sPecific times, with muffled cycles tc, cat do,,,n noise. He further stated it could be an asset to the: neighhorhuod, if develuped, 4ud could be "policed” by the area cyclist in order to kc:rp out cyclists from other areas, Mrs. Halverson said ahe felt the cyclists were not only a problem on the Woodlake proper Gy, but th4 surrounding area as well with young, unlicensed cyclists MOP& the streets, Counpt1man Mtckelspn 9tAtad the Council should take positive stet+s to protect the residents of the area, Legal Counsel pointed out the County has a noise ordinance Uiat prosecutes not only the violator but the property owner who authorizes use of property. City Administrator atatad he felt the problem was now in hand but would take pome time to be completely under control and also encouraged residents to continue to tial the Police Department when cyclists appeared on property, Mayor Bishop stated he would be glad to work with the Council in an attempt to develop a fueil.ity for Cyclists oc{tside residential areas. tie further stated his intention to '!personally stay on top of it". 5. APPRAISAL PROPOSALS (a) City Adminisggtor called CouuGilss attenti.ou tc, slte.ut sho i-n , differences between Tait Appraisal Company and Mr. Keys prupoo-al.s. ii,. stated the main difference in proposals was Tait wotild aper i 5e unt c111y buildings but equipmgnt and contents, which Mr. Ivey: ce;,ttld nor. Council and staff dicus;ed the CityPs capahili.t} of pay;.n; for prt:,:c.� d Appraisal and the peed for the appraisal at this 1A,,,e. Cnunci!tc.au Mickelson stated he did not feel the City could of F,,rd the. P.Ap,.ridi 1.11 in this budget year, (b) :4otion to award appraisal to Mr. Keys: Councilman Mooce, secunjN by Councilman Cook. Motion passed by 3 to 1 majority, Councilman Mtckel Oa vutili;, '4A" 6. CITY LIMITS IDRNTIFICATIQN PROPOSAL (a) City Administrator verogmend¢d Council approval of project propcsc by Johp Hagman, 4uginsarin$ Depar"rit, and stated the project would cos t PAG$ 2 COUNCIL MINUTES MAIIG'H 1� .976 �il:pl'U'ral.ldl' l\' $'20 for prairlL. 'und tak . luo CfU�)!. •`i a.:. :t(�prdXliABiis to twL Weeks to c.olilplete. Council aPproved the hrolact. T, I):LSCUSSION REGARDING P12.0C"DUR.E FOR FILLING COONCI.h (a) Council discussed honoring Ralph Barlchur.sL roe ser,%i.cr Lila Council and requested a resolution of appreciation he pre:parect. (b) Legal Counsel stated his findingjs in filling the vacant}: and poi.ntect out Council does not appoint. a Teplacement until the actual vacancy occurs, therefore Councilman Bgrkhurst would not have a votes;. City Administrator reported only two people had expressed interest in the position as of March 1, And requested the position be ftltod as soon as possible. Mayor Bishop requested additionat coverage on vacancy to be in the papers. Councilman Mickelson apked that the deadline for applicant consideration be April 12, 1976 - Council concurred. d. B.O.R. APPLICATIONS - Discussion (a) City Administrator repgrte4 March 17, 1976 was the deadline for applying for project funds. Discussion followed and Council, requested two $5,000 applications be submitted, matching funds to be part of a bond election and if matching funds were not approved applications he withdrawn by June 1, 1976. 9. DISCUSSION REGARDING HUNZIKER RAILROAD CROSSING (a) Jos Bailey, Legal Counsel, requosted more time to study alternatives and stated he would be ready to report on the matter at the March 9th meeting. 10. DISCUSSION REGARDING COMMUNICATION FROM ALLAN POPP (a) City Administrator stated Allan Popp requested Cr,uncii to :recogni.zo Clarence Nicoli's eleven years of service on the Planning Co-mr,LiElcnl. Discussion followed and Council concluded ii� was their pol ,;% to recognize service, by resolution, only when resignation or tet•,,; expiration occurred. Council recomm6nded Planning `:3ncnis=i.ort to ptal: special recognition of Mr. Nicolits service. 11. OTHER: A. CITY LIBRARY REMODELING ( 1. City Administrator su4gepted Council view the remodeling of tt.a Library. He pointed opt tYe Jaycee project involving 1,200 squar•_ aeQt was half complete pn¢ with only 600 square. Feet remainin; to be remodeled. PAGE 3 - COUNCIL MINUTES MARCH 1, 1976 i Ly Admin io.I ',a to'f -i ta W d JOV Heat -.n t.0 thC-. 6 1' 'S It I i ty C the iiii JAD, ookifi g 30 t: "I<. work na,�.ded. PLANN"ING CQV11,SS1ON 1. City Administrator reported resignatiort of Oanj,-A. S1,1-1—l' c atld asked the selection committee to meet, a.-., soon as possibie. C. Mayor Bishop suggested a charter amendment whereby a Cnuccil vacanc,,, filled by temporary 'appointment Until the next general election. At the general election the balance of the term would be fl I 1pd by chnice of the voting public. The Mayoj also proposed Legal Counsel prtpare the amendment. f6r , Council consideration to be submitted at the next election. Council -oncurred in the request to have a proposal drafted. D. D.E.Q. 1. Mayor Bishop read lftttev from P.E,Q• which notified Council and staff of hearing on the tasting program for "motor vehicle emmission" to be held to Portland, March 22nd with the location to be announced. 12. Council study session adjourned at 10;05 P.M. and went into executive session at 10:10 P.M. Executive session was called under P.R.S, 192,660.2 subsection 4, for authority of persons designated to carry 9n labor negotiations. City Administrator reported on counter proppoal received from AFSCME and requested Council consideration, dopnei; provided City Administrator with further guidelines. Meeting adjourned 10:40 P.M. tfl­ ecorder ATTEST- Mayor PAGE 4 - COUNCIL MINUTES MARCH 1, 1976 MINUTES N.P.O. f#3 February 5, 1976 GTE Conference Room Main St. , Tigard, Oregon 1. CALL TO ORDER: Meeting was called to order by Chairman Kluempke at 7:45 p.m. 2. ROLL CALL: Present: Berquist, Haldorson, LZ�ebroff, Quimby, Raetz, Rosenquist, Scheckla, Lesperance, Jan McCoy; staff member Bolen Absent: Kathy McCoy 3. DISCUSSION OF METHODS FOR PROVIDING NPO 14EMBERS NOTICE OF ITEMS COMING BEFORE THE PLANNING COMMISSION AND CITY COUNCIL WHICH MAY CONCERN THEM. A. Bolen explained that when the City Council passed a reso- lution in December forming the official NPO structure, they chose to send notice of upcoming zoning and subdivision items to the chairmen of the NPO's only, due to the financial in- ability to send notices to all NPO members on a continuing basis. B. The NPO members concurred that the actual notice be sent -to the NPO chairmen and that staff approach the Tigard Times and Community Press to determine if they would be wtilin to print the upcoming City Council and Planning Cormnission agendas in each prior -to each meeting. Later the issue was raised as to whether or not Design Review Board agendas should also be provided and Bolen said he would attempt to provide this in the paper if possible. 4. NPO DISCUSSION OF FINDINGS OF FACT SUBMITTED TO THEM BY 'I'HE CITY COUNCIL SPECIFYING THE COUNCIL'S REASONS FOR CERTAIN CHANGES MADE IN THE NPO #3 LAND USE PLAN TEXT AND MAP. A. Bolen read the first Council finding covering the arca of why the Council chose not to provide for changing the zone on the portion of Pacific Highway planned for commercial- professional use, from C-3 to C-P. 1. Mgebroff moved that the NPO ;#3 Plan be amended to read, the residential areas abutting the C-3 zoned areas on Pacific Hwy. be protected by satisfactory forms of buffering from noise and visual pollution which would occur in the commercial developments. As a standard for tolerable levels of noise entering the residential area, it was suggested that DEQ be approached for per- formance standards. 2. At the request of the chairman, the NPO members voted to see how many were still in favor of their originally ( submitted plan. The vote was 9 in favor and one no. page 2 NPO #3 Minutes February 5, 1976 The dissenting member was Mrs. Scheckla who stated her reasons for voting no as being the amount of C-3 zoned property planned to front onto S111 Gaarde St. by this original NPO Plan. 3. The members then voted on the motion of M-ebroff and the outcome was unanimous. B. Discussion of realigning the Gaarde-Pacific Hwy. Intersection 1. The chairman called for a vote to determine ho:y many members were still in support of -the original NPO plan_. The vote was 9-1 with Mrs. Scheckla voting no. 2. The members discussed this matter and finally resolved that the issue had been thoroughly examined in the course of the public hearings and no further actions which could be taken by the NPO which would be likely to be productive in this matter. C. Rewording of Policy #24 1. Mgebroff said that he didn't agree with changing policy 24 to delete the specific street right-of-way and pave- ment width requirements being called for by -t-he NPO and replacing this with -the wording that a two lane facility with restricted parking be provided. lie said that he felt there was a greater risk of an undesirable street being constructed then if -the plan contained specific standards. lie continued by saying that he felt generalities as were now in the plan amended by Council were unenforceable and when it is possible to cite specific standards that the plan should contain such. He then made a motion that -the Council be urged to reconsider this matter and the plan be amended to include the standards proposed by the NPO. The NPO r voted on this motion and it passed unanimously. D. Inclusion of the off-ramp in the Canterbury Shopping Center 1. NPO unanimously agreed that this off-ramp should be included in the plan and stated that this was a correction of an oversight on their part. E. Wording which states the undesirability of extending Murray Blvd. to Gaarde St. 1. The NPO concurred with the wording added by Council which states the undesirability of extending Murray to Gaarde and stated that this was in their original plan, but the added wording emphasizes the point. page 3 NPO #3 Minutes February 5, 1976 F. Amended wording on page 25 of Plan Text which more clearly delineates the effect of the designated greenway areas upon private property owners. 1. The NPO agreed with this wording in that they found it more clearly states -the plan's intentions relative to greenway areas. G. Rewording on page 25 and deletion of policy no. 26. 1. The NPO concurred with this rewording and said that it was their intention to emphasize the need for pedestrian/bicycle paths and the wording chosen by Council further emphasizes this point and is in agreement with their submitted plan text. H. Rewording on page 26, policy 28, which discusses the desir- ability of retaining certain farm and wooded areas for as long as possible. 1. The NPO agreed with the addition of -this wording and said that it concurs with one of their major objectives, which is to maintain the open and natural residential setting. I. Discussion of CU 9-76 (Gilbertson) to allow a .lawn mower and chain saw shop at the present site of Tracy's Ceramics and to include outdoor display of articles. 1. The NPO expressed their desire that the Comprehensive Plan designation for this property of commercial-pro- fessional be recognized, but also stated that they saw certain mitigating factors which possibly preclude the property being used for its planned use at this point in time. These factors are: a) the lack of present public sewer and the reported limitations of the existing subsurface disposal system. b) the existing improvements on the site which avail themselves to the proposed use c) the lack of sewer facilities precludes the adjacent properties from being developed according to the commercial-professional plan designation; the proposed use would therefore create land use con- flicts at this time. 2. Based upon their findings, the NPO then concurred that the L: page 4 NPO #3 Minutes February 5, 1976 �....` property owners are justified to some use of the existing improvements on the site and if it is not possible to use them, according to the plan at this point in time, then some interim use may be permissable. Therefore, they directed staff to suggest to the Planning Commission that if, following their public hearing they are able to find this use acceptable, both in terms of the adopted plan and surrounding land use, that restrictions as to noise, which would eminate from the site, potential traffic conflicts at driveways onto Pacific Hiry. and a time limit to provide for a phasing out of the use towards the uses - proposed by the Comprehensive Plan be considered. The major concern for noise was in regard to the testing of chainsaws, the noise from which members found to be very objectionable and would impact the residential area to the north. J. 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Dear- Mr. Claris: In response to your request for cost figure for appraising the City owned property I am making the following proposal: BUILDINGS: A personal inspection and measurement- will be made of each building and worts-sheets prepared with "In place" costa for each categorized unit of construction, which will become a part of the report. The basis for these cost figures will be from the "Marshall Valuation Service" and the "R. S. Means Co." Construction Cost Manuals, which are up to date and Nationally recognized references. CONTENTS: I indicate& to you, during our meeting, that I could not make contents i.nventoriea but would assist your staff in pricing your current inventory lists, which are apparently adequate except for pricing. A re-capitulation sheet will be prepared listing the Replace- ment - Insurable values of the buildings and contents. To summarise: I calculate that six (6) working days would be required to complete this project and my te=3 would be as follows: 1. An Engineering Fee of 5500.00 for the completed job. 2. Expenses to be as follows: a. Auto travel expense at .15 per mile. b. All Zerox or map reproduction work to be done by your office or if equipment is not available, actual cost, by voucher, will be submitted. 3. Payment to be made as follows: a. Expenses to be paid upon job completion. b. Appraisal work to be paid after September 19 1976. { S 2 :1 Ii these terms are acceptable to the City Council, kindly s signify your acceptance by signing in the lower left corner and return the original to me, If accepted, work will start the week of March 1, 1976. It is most important that these appraisals be maintained for both your insurance coverage- as wel]i as your annual audits of city property. I recommend that the appraisal be brought { up to date each year by projecting the last cost figures to current values and either adding or subtracting for any building or contents additions or deletions, This can easily be done by a quick personal inspection and use of the pro— jection cost form 1 left with you during my visit. The cost of this annual service would not be more than $100.00. VW11E, ur s, 1'10.8919 F `4 'CC ti�QF �fi� C t N N :-r Lr) N Cl -4 N I� �1 ,4co N M d r4 'jC -4 '{t N M > qi U< <0 t0 W eJ H 04 T. CG H 'b cc 'b a.H v a ( b a H n 0 4 Ln O0 O O 4) 0 O O 0 4 0 Cn 9) , 0 �k+0 w ^ V' ma k. ^ 0 C-4 N .�.� +•i x O� • 'C �+ �O M O N v fn CA� a. H t%3 N M p U i U . m • to • fir/ a N � �. fn 1A a . w a .-� w . a a y .4 LQ (n BE+ 9EH 6 rz +- EHE +•; A. a"4 acis m m m"a a• m � 4 oasoco ocsooco 0 0C: (DC13 3 O 0) M d O O M O O M f� h In n 00 n —tn ^- -----. n -4 ..i u cn u u u o0 M V V d 0 V V $4 V v w 3 c.3 0. m 3 M C) 44e0 Ca O c0 Cs • O �+ M w O GJ r` 4 0 x ,--1 ' N N r N 1 7 f