City Council Packet - 10/18/1976 R _
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TIGARD CITY COUNCIL
STUDY SESSION
OCTOBER 18, 1976, 7:30 P.M.
FOWLER JUNIOR HIGH SCHOOL
LECTURE ROOM
AGENDA:
CALL TO ORDER
ROLL CALL
1. POLICY & ADMINISTRATION ITEMS
s a. Status of EDA Grant Application
b. Planimetric Maps - HUD/Corps of Engineers Flood Ins. Study
c. Proposed L.C.D.C. Resolution
d. Audit Report
e. Extra Time Billing for Audit Preparation
f. Explorer Post Discussion
g. Discussion - Memo re: Berman Litigation
2. HOME & COMMUNITY ENVIRONMENT ITEMS
a. Liberty Park Status Report
b. Resurfacing Program
' c. Pathway Program
d. Code Enforcement Program
3. COMMUNITY PROTECTION ITEMS
a. Proposed Development Ordinance
b. Political Signs Ordinance - Discussion
c. Golf Cart Legislation
d. Request for Closure - Fanno Creek Place R.R. Grade Crossing
e. Police Car Bids - State Contract
4. OTHER
5. ADJOURNMENT
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TIGARD CITY COUNCIL
STUDY SESSION MINUTES
OCTOBER 18, 1976, 7:30 P.M.
FOWLER JUNIOR HIGH SCHOOL
LECTURE ROOM
CALL TO ORDER
ROLL CALL: Present: Mayor Wilbur A. Bishop; Councilmen John E. Cook, Alan W.
Mickelson, Robert C. Moore, Lynn R. Wakem; R. B. Adams, Chief of Police;
J. D. Bailey, Legal Counsel; Richard Bolen, Planning Director; Bruce P.
Clark, City Administrator; Doris Hartig, City Recorder; Theron L.
Martin, Director of Public Works; Arline O'Leary, Administrative Aide.
1. POLICY & ADMINISTRATION ITEMS
a. Status of EDA Grant Application
City Administrator reported the EDA application was almost complete
and would be submitted October 26, 1976.
b. Planimetric Maps - HUD/Corps of Engineers Flood Ins Study
City Administrator recommended mapping be made available to H.U.D. and
the Corps of Engineers subject to the following conditions:
(1) reimbursement to the City of reproduction costs at standard
commercial rates be made;
(2) no reproducible copies be made; and
(3) the City's maps will be used internally by H.U.D. and Corps of
Engineers for this study only and that said maps shall not be made
available to any other agency or the public without prior consent of '
the City.
Motion by Councilman Moore, seconded by Councilman Wakem to accept
recommendation of City Administrator.
Approved by unanimous vote of Council.
c. Proposed L.C.D.C. Resolution
RESOLUTION No. 76-76 A RESOLUTION OF THE TIGARD CITY COUNCIL AND
PLANNING COMMISSION RECOGNIZING THE ACHIEVEMENT
OF THE STATE OF OREGON LAND CONSERVATION AND
DEVELOPMENT COMMISSION TOWARD FURTHERING AND ASSIST-
ING THE ACCOMPLISHMENT OF COMPREHENSIVE LAND USE
PLANNING BY LOCAL PLANNING JURISDICTIONS.
Allan Popp, Planning Commission Chairman, stated the Planning Commission
unanimously voted to support L.C.D.C.'s continuation and recommended Council's
adoption of the resolution.
Council discussed ballot measure #10 and the wording, of the proposed
resolution.
Motion by Councilman Wakem, seconded by Councilman Mickelson to accept
resolution.
Approved by 4 to 1 vote with Mayor Bishop voting NAY.
d. Audit Report
Mr. James L. Savage, from Coopers & Lybrand, presented the audit report
and explained its contents and findings. Special significance and praise
was directed to the Finance Director for achieving an audit report
containing no exceptions.
e. Extra Time Billing
City Administrator explained 45 extra hours were spent by auditors
in addition to contracted amount. Administrator advised Council the
additional fee of $803.25 was in order and recommended Council approve
payment of one half the amount.
Council and staff discussed from what fund the additional fee will be
allocated.
Motion by Councilman Mickelson, seconded by Councilman Cook to
approve payment of $803.25 and direct staff to prepare resolution
authorizing transfer of funds from the sewer contingency fund to
the sewer 290 professional services (audit) account to cover additional
fee.
Approved by unanimous vote of Council.
f. Explorer. Post Discussion
Chief of Police Adams requested Council's authorization to have legal counsel
review the present insurance coverage for the Explorer Post and to determine
if current coverage is adequate.
Chief Adams further stated the Explorer Post's activities have been
suspended until adequacy of their insurance coverage is determined.
Discussion by Council and staff followed.
Councilman Wakem volunteered to work in conjunction with Legal Counsel
and City Administrator.to determine status of insurance coverage.
Ty Thompson, Director of Washington County Sheriffs Explorer Post,
explained Post activities in Oregon, Washington, Northern Idaho & Alaska.
Mr. Thompson provided Council with copy of 1976 coverage provided by Emergency
Services which insures the Washington County Post and all civil defense
workers.
Motion by Councilman Moore, seconded by Councilman Mickelson to authorize
Councilman Wakem, Legal Counsel and Administrator to review insurance cover-
age; report findings and make recommendation to Council at the October
25th meeting.
Approved by unanimous vote of Council.
Chief Adams advised Council he was exploring the possibiitty.�of
establishing a Cadet program.
PAGE 2 - COUNCIL MINUTES - OCTOBER 18, 1976
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g. Discussion - Memo re: Berman Litigation
Legal Counsel recommended Council discuss matter in Executive Session.
Motion by Councilman Mickelson, seconded by Councilman Moore, to call
Executive Session at end of Study Session and Berman Litigation be tabled to
be discussed at Executive Session.
Approved by unanimous vote of Council.
2. HOME AND COMMUNITY ENVIRONMENT ITEMS
a. Liberty Park Status Report
Planning Assistant Laws presented landscape plan and reviewed phases one,
two and three of proposed park development.
Laws also reported on the financing available for project.
Laws advised Council the Park Board, at its last meeting, voted
unanimously to recommend Council's official adoption of the name
Liberty Park for the open space created on Main Street by the Pay Less
development.
Consensus of Council was to place matter on October 25th agenda for Council's
consideration of (1) official name; (2) City's level of participation; and
(3) planning.
b. Resurfacing Program
Public Works Director reported program was going well and would be
completed by the end of the week.
c. Pathway Program
City Administrator repo•rtcel status of construction on a pathway between
Tigard Street and Grant Street to service two schools.
d. Code Enforcement Program
City Administrator reported Ron Froehlich had been hired, as of
September 27, 1976, as Code Enforcement Officer.
Administrator called Council's attention to position paper on
conditional use fee waiver.
Discussion by Council and staff followed.
Motion by Councilman Wakem, seconded by Councilman Cook to adopt Administrator's
position paper.
Approved by unanimous vote of Council.
3. COMMUNITY PROTECTION ITEMS
�.. a. Proposed Development Resolution
Legal Counsel recommended item be placed on next Study Session agenda.
PAGE 3 - COUNCIL MINUTES - OCTOBER 18, 1976
Motion by Councilman Wakem, seconded by Councilman Cook to set item over
for November 1st Study Session.
Approved by unanimous vote of Council.
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b. Political Signs Ordinance - Discussion
Council and staff discussed ordinance.
Motion by Councilman Cook, seconded by Councilman Wakem to postpone
further discussion on matter until the first Study Session after the
election - November 15, 1976.
Approved by unanimous vote of Council.
c. Golf Cart Legislation
Council, staff and Legal Counsel discussed an ordinance permitting the
operation of golf carts on streets in Summerfield.
Consensus of Council was to place ordinance on October 25th agenda.
d. Request for Closure - Fanno Creek Place R.R. Grade Crossing
City Administrator stated he needed more time to review item and recommended
it be placed on next agenda, October 25th.
Council concurred.
e. Police Car Bids - State Contract
Chief of Police Adams reported to Council the State bid for police
vehicles was within the budgeted amount at $4,742.10 per vehicle with
options.
Motion by Councilman Wakem, seconded by Councilman Cook authorizing
Chief Adams to enter into a purchase agreement with the State of Oregon
for two police vehicles with noted options.
Approved by unanimous vote of Council.
4. OTHER
a. Letter from Mark 0. Hatfield - Federal Programs
City Administrator stated he would investigate the computer access for
federal grant search further and report back to Council.
b. City Administrator advised Council the Park Board and L.C.D.C. staff
will be conducting a public opinion poll related to parks and open
space needs.
RECESSED 9:55 P.M. - Meeting reconvened 10:07 P.M.
Council went into executive session under provisions of O.R.S. 192.660, subsection
f 2 (d) to discuss matters of possible litigation.
PAGE 4 - COUNCIL MINUTES - OCTOBER 18, 1976
Attorney Bailey synopsized Attorney'Andetson!s memo to Council regarding Berman
V. Wheeler and Killion. As a result of litigation, Officers Wheeler and Killion
personally paid $1,500 each for the judgement rendered, plus Attorney's fees.
After a meeting with Officers Wheeler, Killion, Chief of Police and City
Administrator to discuss the case and what happened, Attorney Bailey
suggested Council review the matter.
Council discussed various alternatives to further pursue the matter as
suggested by Attorney Bailey.. Councilman Wakem expressed concerns regarding
case and requested time to review the transcript and discuss further with Legal
4 Counsel. Consensus of Council, upon confirmation by Councilman Wakem, was to
request Attorney to pursue the matter further and prior to filing a law suit review
matter again with Council.
ADJOURNMENT: 10:35 P.M.
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` City Recorder
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ATTEST:
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-PAGE-5 -'COUNCIL MINUTES OCTOBER 18, 1976
TO: Bruce Clark, City Administrator
FROM: Richard Daniels, Associate Planneelig�>
RE: Status of EDA Local Public Works Title I Grant
Recent communications with Tom DeJardin, CRAG, have produced the
following EDA timetable for review and grant award,
December 9 Finish review of applications and reject those
which are inadequate or incomplete
Week of Dec
13-17 Begin computer runs to determine final point
rating
Week of Dec
20-23 Award Grants
Christmas presents from the Federal Santa Claus?
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October 15, 1976
ADMINISTRATIVE POSITION PAPER
City Administrator, Tigard, Oregon.
Subject Matter: HUD/Corps of Engineers request for copies of Planimetric Map
Reference: Council Study Session Agenda October 18, 1976, item # l.b.
Situation:
H.U.D., utilizing the Corps of Engineers as a subcontractor, is commencing
a flood insurance rate study of the Tualatin, Fanno Creek & tributaries.. The
study will produce 1) an insurance rate schedule; 2) detailed location of
100 year flood plain; 3) detailed limits of necessary floodway; and 4) related
detailed information of benefit to the City in administering its flood plain
ordinance as well as providing insurance for existing flood prone property.
The City has been asked to make available its planimetric mapping. A similar
request was made several months ago at which time Council, at this office's
recommendation, determined to attempt to collect the standard $80.00 per sheet
governmental entity charge. H.U.D. will not pay for mapping, either new or
ours but they can pay for reproduction charges. Without quality mapping the
study will of necessity be less detailed than desirable.
Recommendation:
Based upon the .facts that 1) the study is being performed for the benefit of the
City generally and inhabitants specifically; 2) when we applied under the emergency
provisions of the flood insurance act we agreed to make information available; and
3) this office is satisfied that we cannot attain payment for said maps . It
is recommended that . . . mapping be made available to H.U.D. and the Corps of
Engineers subject to the following conditions: 1) reimbursement to the City of
reproduction costs at standard commercial rates be made; and 2) that no
reproducible<copies be made; and 3) that the City's maps will be used internally
by H.U.D. and the Corps of Engineers for this study only and that said maps
shall not be made available to any other agency or the public without prior
consent of the City. This 'restriction is not meant to mean that maps, prepared
by HUD/Corps which are based in part on the City's maps cannot be dissiminated
as an integral part of the report(s) to result from this study.
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�._ October 15, 1976
ADMINISTRATIVE POSITION PAPER
City Administrator, Tigard, Oregon.
Subject Matter: Sign Code Enforcement - Conditional Use Fee Waiver
Reference: Study Session Agenda October 18, 1976, item #2.d.
Situation:
Sign Code Enforcement has been performed on a complaint basis in the past.
The voters approved a special levy to provide a full time Code Enforcement Officer
in this budget year. Mr. Ron Froehlich was hired by this office on September 24,
1976, and has started sign code enforcement proceedings in an organized fashion.
In cataloging vi6lations we find that outside displays are a very common violation
(e.g. tires in service stations, bicycles at bike shops). These are not actually
signs but are zoning violations unless a Conditional Use Permit is obtained (e.g.
any business, service . . . processing or display essential or incidental to
any permitted use . . . and not conducted entirely within an enclosed building).
Many of these activities have been carried on for several years.
Recommendation:
Based on the facts that 1) the City has not had the ability to enforce codes
systematically in the past; and 2) many businesses do not have room inside
buildings to carry on an essential service; and 3) the City will be uniformly
enforcing previously unenforced code requirements . . . It is recommended that
the City Council consider waiving the $125.00 Conditional Use Permit fee for
those properties which make application for a C.U. permit within 10 working
days or by October 29, 1976, whichever is later, following notice of
violation for outside display.
The reasons underlying this recommendation are two-fold: 1) public relations;
and 2) incentive to bring properties into compliance as quickly as possible.
The primary disadvantages are an increased work load for the Planning Commission
and a loss of revenues relating thereto.
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MEMORANDUM
To: City Council
From: Dick Bolen
Subject: Resolution from Planning Commission supporting L.C.D.C.
Date: October 11, 1976
On August 31, 1976, the Planning Commission sponsored
a community workshop to consider the respective roles of the
City and state planning agencies, their authority and programs.
The attached resolution is a direct result of this workshop
and the subsequent conclusion reached by the Planning Commission.
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r"'UBLIC UTILITY COMMISSIONER
OF OREGON
LABOR & INDUSTRIES BUILDING • SALEM 97310 • Telephone -;03) 378-
October 12, 1976 File: SIR 786
j � 3E-034.30
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Fir. Bruce P. Clark CITY OF T IGARD
City Administrator
City of Tigard
Tigard, OR 97223
Mr. J. G. Edwards, Superintendent
Burlington Northern, Inc.
P. 0. Box '571
Portland, OR 97207
Dear Sirs:
From time to time the Public Utility Corinissioner receives policy
guidance, from the Legislature, in various areas of his responsibil-
ities. Among this guidance is the following relating to railroad-
highway grade crossings:
" Eliminate crossings at grade wherever
possible." (ORS 763.013)
In support of this policy, the PUC staff has all Oregon public railroad-
highway grade crossings under constant review to identify those crossings
which are extremely hazardous, duplicative, redundant or no longer re-
quired for the public convenience and necessity.
A recent survey of public highway grade crossings, in Tigard, has iden-
tified 3E-034.30, S.W. Fanno Creek Place, on the Oregon Electric Railway
main line, as probably meeting the criteria for crossing elimination.
The Fanno Creek Place crossing apparently served as access to the Oregon
Electric Railway Durham Station grounds. Today the street serves one
residence and a U-I sugar facility. The grade crossing is located on a
curve, transiting three tracks, 15 feet in width and accompanied with
�__;� - lavation in the approaches to the crossing-
We would recommend that the Fanno Creek Place crossing be closed, eli*m-
inating a little-used grade crossing and ensuring that motorists utilize
the Durham Road Grade Crossing No. 3E-034.40, equipped with flashing
light....signals, located approximately one block to the vest. This proposed
closure would cause little or no inconvenience and ensure usage of
crossings providing the greatest protection to the motoring public.
ORS iSE.ttaO(1)The commiutoner..."Shall rspmsard ti.e customers of any public utility,railroad,sir carrier or motor carrier, end...he Mail make use of the jurisdiction
and power of his office to protect ouch cuslomeM and tta public generally,from unjust and unnesonebta exactions and practices and to obtain for them adequate service
at fair and mosonabie rates."
Mr. Bruce P. Clark October 12, 1976
Mr. J. G. Edwards Page - 2
It is requested that the City of Tigard ;ind the Oregon Electric Railway
Company (Burlington Northern, Inc.) agr� to closure of Crossing No. 3E- ;
034.30, Fanno Creek Place and the cross ! -,g removed. '
Sincerely,
a d A. Still
Transportation Specialist
Rail Rate and Service Division
DAS:bjm
cc: Les Kroft, BN