City Council Packet - 10/15/1979 1
TIGARD CITY COUNCIL
STUDY SESSION
OCTOBER 15, 2979, 7:30 P.M.
FOWLER JUNIOR HIGH SCHOOL
LECTURE ROOM
I. CALL, TO ORDER
2. ROLL CALL
3. PEMBROOK L.I.D. PROPOSAL - Preliminary Report by Harris-McMonagle
4. DISCUSSION OF FANNO CREEK ACRE TRACTS VACATION - Legal Counsel
5. HOME OCCUPATIONS ORDINANCE AMENDING TITLE 18 - Planning Director
6. SUBDIVISION ORDINANCE AMENDING TITLE 17 - Planning Director
7. PARK BOARD REORGANIZATION ORDINANCE - Planning Director
8. WATER RIGHTS FOR COOK PARK SOCCER FIELDS - Planning Director
9. ANNEXATION REPORT - Planning Director
10. BROADWAY CAB REQUEST FOR RATE INCREASE - City Administrator
11. STATUS REPORT ON STREET INDEXING PHASE OF CAPITAL IMPROVEMENT PROGRAM-
City Administrator
12. FLOOD PLAIN ORDINANCE CODE ENFORCEMENT - Legal. Counsel
13. JURISDICTION OF DURHAM ROAD - City Administrator
14 ANNUAL REPORT - City Administrator
15. OTHER
Donation of House - Planning Director
16. ADJOURNMENT
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T I GAR D CITY C 0 UNC I L
STUDY SESSION MINUTES, OCTOBER 15, 1979, 7:30 P.M.
1. ROLL CALL: Present: Mayor Alan Mickelson; Councilmen Tom Brian, John E.
Cook, Kenneth W. Scheckla; Councilwoman Nancie Stimler;
Chief of Police, Robert B. Adams; Legal Counsel, Joe D.
Bailey; City Administrator, R. R. Barker; Public Works
Director, Frank Currie; Planning Director, Aldace Howard;
City Recorder Pro Tem, Loreen Wilson; Research & Develop-
ment Assistant, Martha McLennan.
2. DISCUSSION OF FANNO CREEK ACRE TRACTS VACATION
(a) Legal Counsel, after distributing the relevant ORS Chapters and a proposed
Resolution calling for a public hearing, reviewed this issue. He pointed
out to Council that one of the City's interests in this vacation was
dependent upon whether or not Fanno Creek Acre Place had been vacated
several years ago when the railroad crossing was closed. If this has
been vacated, the City has no interest in maintaining the dedicated street,
now under consideration for vacation as the street would have no
connecting streets.
He directed Council to review ORS 271.010 (the original statute used in
error to vacate), ORS 271.080 (the correct statute for vacating in an
incorporated city), and ORS 271.130 (calling for damages to any abutting
property owners who suffer from the vacation, and allowing these to be
reclaimed by the City through a local assessment). He concluded by saying
that the proposed Resolution would merely call for a public hearing on the
subject.
(b) Ted Miller, McCormick & Reynolds, Standard Plaza, Portland 97204,
representing Mr. Deiter and/or Mr. Skourtes spoke in,opposition to the
vacation. He pointed out that even ifthe_land partition was not valid,
there would still be a landlocking problem with the southern portion of
the property which is bordered by a creek. He went on to say,that' the
City had no compelling interest in the vacation, only Harvey King would
benefit. He concluded by pointing out that the damage potential of the
vacation could be as high as $20,000.
(c) Legal Counsel stated 'that'the question of landlocking was not relevant
to the correct statute (ORS 271.080). ; fie also pointed out that the City
would have the possibility of reclaiming damage monies through a local
assessment of; those `benefitiag by the vacation.
(d) Councilman Scheckla emphasized the need to resolve all the problems of this
subject before taking any;further formal action.
(e) After much discussion by Council', Planning Director proposed the possibility
of;going `to a private crossing and private easem L agreement between
Deiter/Skourtes and Harvey King.` He said the- he'wou,:d contact Mr. King
to'discuss this possibility.
(f) Ted Miller agreed that attempts to resolve this informally would be
acceptable and suggested that discussion be started prior to any public
hearing.
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(g) Stuart Cado, Harris & McMonagle, stated that his firm had done a study
of the sewer lines in the area and suggested that the elevation of the
hook-ups in the proposed vacation be checked,as there may be a later
problem with connecting onto the main line.
(h) Mayor asked that all discussion be tabled at this point to allow the
parties to negotiate privately, with the issue and schedule the next
meeting for an up-date.
3. PEMBROOK L.I.D. PROPOSAL
(a) Stuart Cado, Harris & McMonagle reported that the preliminary study,
based on the topographical maps had been completed. He stated that
the 580° line would serve 10 lots at an estimated cost of $42,731. He
pointed out that there would be a relatively high cost per lot, due to
due to the deep drop needed to service each home. He also pointed out
that the line would have the potential for a future extension to the north.
(b) City Administrator recommended that staff be instructed to prepare the
Resolution calling for a public hearing to discuss the formation of the
L.I.U. He also recommended that individual notification be sent out to
all affected property owners regarding the meeting.
(c) Councilwoman Stimler asked if the residents had been notified of the
study results. Mr. Cado said that they had not. Councilwoman Stimler
_ suggested that informal meetings be held with the property owners to
inform them of the report prior to the public hearing so that they
might be informed and able to participate at the hearing.
(d) Motion by Councilman Cook, seconded by Councilwoman Stimler to direct
staff to prepare the Resolution calling for a public hearing, and to
a notify the property owners and meet with them informally prior to the
public hearings.
Approved by unanimous vote of Council.
4.< HOME OCCUPATIONS ORDINANCE AMENDING TITLE 18.
(a) Planning Director reported to Council the need to strengthen City controls
on home occupations. He stated that currently only the building permit
and/or businesslicense processes monitored the nature and operation of
home' businesses. He mentioned a' recent problem with a game butchering
business in a residential neighborhood. He .recommended adoption of the
proposed ordinance.
(b) Council asked that this be 'placed on the next agenda for consideration. j
5. SUBDIVISION ORDINANCE AMENDING TITLE 17.
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(a) Planning Director gave a brief history of this ordinance, stating that
staff and the Planning Commission had been working on it for over a year
now. He went on to say that the Planning Commission approved ,the current `
draft unanimously and recommended approval.
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(b) Councilwoman Stimler, referring to 17.05.070 asked if a fee schedule
should be included. Planning Director stated that he would cross
reference the section to the portion of the general ordinance relating
to fees. Councilwoman Stimler went on to question some way of
restricting the stripping of topsoil prior to the platting of
subdivisions. Planning Director stated that this would be inappropriate
in this ordinance and suggested that if she were concerned about this
problem, he could address that more directly in a different ordinance.
Public Works Director suggested that we could adopt the Washington County
or State regulations on stripping. Legal Counsel also suggested that it
be kept separate from this ordinance.
(c) Legal Counsel recommended that 17.06.125 be amended by: (1) In the title,
delete the period and insert, ", or Approved Credit Document"; (2) insert
a new subsection (3) to read, "An irrevocable letter of credit in a form
approved by the City from an Oregon bank in good standing"; (3) Change the
current (3) to "(4)"; and in the last sentence of Section (4), subsection
(c), after the x„-rd bond, insert ", letter of credit". He recommended
these changes on the basis of requests by developers and similarity with
other jurisdictions. Amendments agreed to by Council.
(d) City Administrator also recommended Council approval and said that it
would be put on next week's agenda.
6. PARK BOARD REORGANIZATION ORDINANCE
(a) Planning Director stated that this had been drafted based on samples from
other municipal jurisdictions and pointed out several features designed to
resolve Council's concerns about the Park Board. He mentioned the reduction
in membership, limitations on Chairman terms, attendance requirements,
minute requirements, and meeting notification.
(b) Councilman Cook asked why the Board had been reduced to 5 members, when
the Park Board was only requesting a 'reduction to seven. He proposed
amending the Ordinance as follows: In 2.12.010, in the second sentence,
delete five, and insert "seven (7y. in the thirdsentence, delete four, ;
and insert "six (6)" and delete one and insert "two"; and in the fourth
sentence` delete fifth, and insert "seventh". Council agreement to amend.
(c) An error was pointed out in 2.12.020,; second sentence,, the word less
should be deleted and the word "more" be inserted.
(d) Council discussed the problem of excusable absences from meeting (2.12.020,
last sentence). City Recorder Pro Tem stated that this subject is dealt
with in,a general resolution relating to all boards and commissions.
Planning Director recommended deleting the sentence. Agreed to by Council.
(e) Councilman Brian asked that in 2,12.030, second sentence, the first "City"
be deleted. He felt that Council should be informed of any dxpenditure
of funds, regardless of source, as the Park Board is representing the City.
After discussion by:Council, it was agreed to make this amendment.
(f) Bob Ballinger, member of the Park Board stated that he was fairl.y
satisfied with the oridnance. He suggested that ,a youth representative ;
be added to the Board, perhaps ,as the;School District member. He felt
that theyoung perspective would be valuable, especially as young people 4
are high;users` of the parrs.
PAGE 3 Study Session Minutes - October 15, 1979
(g) Councilman Scheckla also supported the idea of a youth member. Mayor
suggested that staff consult with the School District.
(h) City Recorder Pro Tem pointed out that no terms of office were included
in the ordinance. Planning Director stated that he would insert these.
(i) Council asked that this be placed on next week's agenda.
7. WATER RIGHTS FOR COOK PARK SOCCER FIELDS.
(a) Planning Director, reviewing the problems in getting Tigard Water for
Cook Park soccer fields and those with the DEQ in terms of water standards,
reported that the possibilities of getting water from the Tualatin
Irrigation District looked favorable and would not require DEQ approval.
He hoped that a full report and draft contract could be prepared by the
first part of November.
8. ANNEXATION REPORT
(a) Planning Director reported that there were two up-coming annexations:
Hartlieb/Dakota and Walker. He pointed out that the Hartlieb/Dakota
Annexation was adjacent, to the Metzger Treatment Plant, and if Council
wished, this could be annexed by resolution to preserve the possibility
of City acquisition or lease of this property. Consensus of Council to
annex the Metzger Plant by resolution.
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9. BROADWAY CAB REQUEST FOR RATE INCREASE.
(a) City Administrator reported that a rate increase request had been received
from Broadway Cab. He pointed out that this request was in line with the
recent granted increase in Portland and that the last Tigard increase had
been granted in September,, 1977. He recommended approval and said that
staff would prepare the necessary amendment to the ordinance.
10. STATUS REPORT ON STREET INDEXING PHASE OF CAPITAL IMPROVEMENT PROGRAM. s
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(a) City Administrator reported that proposals had been received from
four firms on;the"Indexing. Study; ranging from $15,000`= $20,000. He
stated that funds would either have to be transferred from contingency `
to the established line item for the study, or we could wait and budget '
for it next fiscal year. He pointed out that waiting until next year would
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mean increases in cost.
(b) Public Works Director stated that the study would include indexing,
inventory and analyzing all of the streets in the Urban Growth Boundary,'
along with recommendations for improvements over a 4 - 5 year, period with
cost estimates and financing alternatives.
(c) Council asked to review the proposals and discuss:further at' a future
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meeting.
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11. FLOOD PLAIN ORDINANCE CODE ENFORCEMENT.
(a) Legal Counsel,after distributing draft enforcement provisions, stated
that this would be handled very similarly to nuisances. After notifying
the owner of the violation and allowing a specified period to comply, the
City could go in, do the necessary work and place a lien on the property.
He stated that he would bring a final draft to Council next week.
12. JURISDICTION OF DURHAM ROAD.
(a) City Administrator referring to the letter from Washington County,
(July 18, 1979), stated that the County has indicated willingness to
reconsider granting the City jurisdiction of the portion of Durham
Road between Hall Blvd. and 99W.
(b) Planning Director pointed out that the future development along Durham,
especially as a result of the Summerfield Commercial Center, would be
benefited by the City's having jurisdiction over the road. He went on to
say that an L.I.D. may expected on Durham within a year.
(c) Councilman Brian suggested that we request Walnut again at the same time.
Planning Director pointed out that the outstanding portions of Walnut are
outside of the City. Other suggestions of Council included requesting the
transfer of accumulated appropriated funds on streets which have been
assumed by the City, and the inclusion of 121st. Consensus of Council to
have staff prepare the necessary resolution to request jurisdiction of
Durham between Hall Blvd. and 99W along with any other streets which the
City has desired jurisdiction of.
13. ANNUAL REPORT.
(a) City Administrator reported that the annual report is now in final draft
stage and has been delivered to artist for layout. Staff is now,working
on the development of a distribution plan (mailing has been ruled out
because of high cost).
(b) Councilman Brian requested that Council review the report prior to
printing, and wondered if a professional writer had reviewed it. Planning
Director reported that it had not been critiqued by a, professional writer.
14. OTEER.
(a) City Administratorreported that the first appraisal on the, Senior Citizen
Center had been completed. Now a confirming appraisal is needed. After
this, Council can prepare a resolution accepting the 'appraisal and making
an offer to.the property owner. He also reported that 34 architectural firms
had indicated interest in designing the center and questionnaire would be
sent out Tuesday.
(b) City Administrator reported that as,November 12th was.'a City holiday
(Veteran's Day), Council may wish not to have a Council meeting on that
day. He went on to discuss other possible cancellations and requested''
Council make final'`determination of scheduling;at the;next meeting.
PAGE 5 - Study Session Minutes - October 15, 1979
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(c) Public Works Director reported on the McDonald septic problems,
explaining specific problems with unincorporated areas and a needed
pump station. He concluded by recommending that the City request
another Health Department study of failure rate, and proceed with
annexation and sewer development as indicated by the study. Consensus
of Council to request Health Department study.
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(d) Planning Director reported that the Haines Road and 72nd Street Inter-
changes would be coming up soon and emphasized that this area would €
probably show increased development and annexation soon. !
(e) Planning Director reported that the house located next to Crow Engineering
he City should we wish to move it. He
on Burnham has been offered to t
went on to say that he is researching moving costs (to move iL to the
Public Works Compound). He stated that it was a fairly simple two-story
wooden frame structure which could easily be converted to office space. q
He concluded by saying that we have to let the owner know by October 18. €
Council directed him to proceed on cost research for moving the house. {
(f) Councilman Brian suggested that now that the library is beginning to raise
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funds for the new building, it may be appropriate for the City to donate
the $5,000 which has been set aside for the building fund. Councilwoman
Stimler said that this would be premature as the fund raising committee
hasnot yet begun meeting.
MEETING ADJOURNED: 10:15 P.M.
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(✓ ; Recorder Pro Tem - City of Tigard
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ATTESTS:
2 Lity
Mayof Tigard
PAGE 6 Study Session Minutes - October 15, 1979
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MEMORANDUM
TO: City Council
FROM: Staff
SUBJECT: Consultant Selection Process
DATE: October 15, 1979
In response to requests for some sort of consultant selection criteria, the staff has
come up with the following recommendations.
Selection of consultants should be divided into at least two categories; 1) major
projects and comprehensive studies, and 2) small neighborhood studies and local
improvement projects.
First; major projects and comprehensive studies should have a consultant selection
process determined on an individual basis, but following the general guide lines
designed to acquire the best qualified consultant. Then a number of procedures in-
cluding perhaps advertising, interviewing and selection, and then negotiating a
price. c
A threshold decision on small studies and local improvement projects needs to be
made, to determine whether the project of study will be done in house and whether a
consultant is needed. This decision should be based upon available staff time and the
complexity of the project as it relates to available manpower.
Itisanticipated_ that staff will make all feasibility studies in house to include
establishment of`L.I.D boundaries, preliminary cost estimates and identification
;potential problem areas.
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Once it is 'decided to acquire the services of consultant for small studies and local
improvement projects, the following criteria>should'be used:
1. USE OF LOCAL CONSULTANT
Selection should be from a list of local (within Tigard Urban Area boundary)
consultants who are available'.
2. AVAILABILITY
May involve an inquiry of who in the firm would be available and what other
projects he may be involved in.
3. PAST PERFORMANCE ;
On other Tigard projects or similar projects in the area where inquiries may
be made.
4. TYPE OF PROJECT, ie:
Sewer L.I.D.`, street L.I.A. storm drain L.I.D. or combinations thereof and the
consultants experience relative to the particular type of project.
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5. METHOD OF PAYMENT
Cost plus - the consultants like this
Percent of construction - a fair method for straight forward, small projects
Iump sum - a distince advantage to the client if properly conceived.
Actual selection for major projects and comprehensive studies should be made by
Council based upon recommendation of representatives from City Council, Planning
Commission, Park Board, Staff and/or other affected groups.
Actual selection for small projects should be made by staff using the outlined criteria.
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A WEEKLY NEWSLETTER
VOLUME II ISSUE 26 OCTOBER 11, 1979
The :'riends of the Library, "Trs. ",Fc'alyn Utz, C1iair.^r_, has
initiated 2 building ca _�f—c n in tiles C1ty for a ne?, T,;t?r ary.
Local businesses aro being contacted to ascertFin current
interest in this projoct.
ZONINTG -T A,FG
A Comprehensive Plan 'Tats for the City h?s been prepered and
we are now •,,xr1hin.- on a new ZoninU ;'rap. It is ple.=ed to have
this Leen reduced for sale to the general public. In the past
we have never had a convenient sized zonin3 Than. !'re feel that
this will be well receive b;r t':_e public.
TrL .A.n nrT r
PO.. � _l�_. t� _u. .� i ;L. 1.,70 s C_ 3t , 19(9.
- 1371 E_v To C-CSF
The Library will be closed from the 23rd thru the 26th of October.
A genral reshuffle of books etc. will take place plus the addition
of shelves and carpet in the Cnildren'o ?Zoom.
:Te have e:nyer_ienced a tremendous response to an add i%e placed
in the Daily Journal of Commerce reauesti:ng interested firms
submit letters for the desir-n of the Senior Center. io date
twenty--three :(23) "firs have contacted us'. Fo11 o ,rng receipt
o7 all letters we will send teem a list of cluestior,s ptepared by
the Select-ion Coamittec and ask :for a response; by Yovefuer lst.
Three or four firms .-ill be elected for 'a Tinel reviet•iins process
Onn recommendation witi. one el ternate will be ',rc,,uL nt to Council
probably> in early 1980
CTE'ChrniCcll l''e �t wi.'h_nee Ore on Jiv?�P t.aen 1 o° Com,.e4 ct`, -building
Division. Congratulations= 3rad.