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City Council Packet - 11/19/1979 s- TIGARD CITY COUNCIL STUDY SESSION AGENDA NOVEMBER 19, 1979, 7:30 P.M. FOWLER JUNIOR HIGH SCHOOL LECTURE ROOM AGENDA: 1. ROLL CALL AUDIT REPORT PRESENTATION - Coopers & Lybrand Mr. Jim Savage 3, COMPUTER ACQUISITION REPORT - Coopers & Lybrand 4. INFOR14ATION BRIEFING ON REGIONAL SOLID WASTE EFFORTS - M.S.D. 5. O.D.O.T. NOISE MITIGATION RESOLUTION - City Administrator 6. BUSINESS LICENSE ORDINANCE AMENDMENT - Planning Director F, 7. SUMMERHILLS PARK L.I.D. BID CANVASS - Director of Public Works � ' t0 8. WALNUT STREET SIDEWALK L.I.D. PROPOSAL - Director of Public Works 9. LIST OF ENGINEERS FOR SELECTION FOR L.I.D. PROPOSALS - Director of Public Works � s 10. COMMUNITY DEVELOPMENT BLOCK` GRANT<PROGRAM - 2nd year proposals for funding'- Citv Administrator. 11. EXECUTIVE SESSION' - Under provision of ORS 192.660 (2) (d) regarding Wheeler- Killion Litigation and under provision of ORS 192.660 (2) (d) regarding Leron'Heights Interceptor Contract.' r 12. ADJOURNMENT a E i 6 r C 6 �rr 'k 1 T I G A R D C I T Y C O U N C I L STUDY SESSION MINUTES, NOVEMBER 19, 1979, 7:30 P.M. 1, ROLL CALL: Present: Mayor Alan Mickelson; Councilmen Toni Brian, John E. Cook, Kenneth W. Scheckla; Councilwoman Nancie Stimler; Chief of Police, Robert B. Adams; Legal Counsel, Joe D. Bailey; City Administrator, Raeldon R. Barker; Public Works Director, Frank Currie; City Recorder/Finance Director, Doris Hartig; Planning Director, Aldace Howard; Research and Development Assistant, Martha McLennan. 2. C014PUTER ACQUISITION REPORT - Coopers & Lybrand (a) Dave Bresinski, Coopers & Lybrand, reviewed the report. He discussed the I istory and process of the study, explaining the needs of the City and the various options considered. He went on to discuss the pros and cons of peg board accounting systems, posting machines, time sharing and service. bureaus. He described the recommended option: an in-house mini computer which .Mould provide the City with a total information system which would be well integrated for the purposes of the City, and would provide rapid in-put and turn-around time. He emphasized how this mini-computer would assist the City with sewer billings, budget preparation and contol., audit- Ing and possible future applications in planning and licensing. He explained the development of a request for proposals from ten computer vendors, the receipt of nine proposals, and the evaluation process used to rank the. proposals. Referring to the report he recommended the Clang I Computer with the Cogebec software.. He concluded by saying that this system would provide all of the services the City needs cost-effectively. (b) Councilman Brian questioned the need for the City to take any_action in this direction at this time. Mr. Breinski, stated that without some action, staff levels would have to be increased within one year. He went on to say that the current man-hours spent on these are excessive.' .l ,rj YNd- 4e f`l.�Lh� rre�.�K�Ps (c) Councilman Brian went on to question the possibility of any immediat� savings. Mr. Brezinski stated that the system would provide`a payback down the line. (d) Council went on to discuss costs, expansion capabilities and possible obsolescense in the near future. They discussed the timing of acquisition of the computer. Consensus of Council to have staff report on immediacy of need and financing options at the -12/3/79 Study Session. ' 3. INFORMATION BRIEFING ON REGIONAL SOLID WASTE EFFORTS (a) Merle Irvine, Metropolitan Service District, presented a short film entitled, "All About Garbage", which explained the history and state- of-the-art of so iI waste landfills in the Portland area. After the film, Mr. Irvine d:5cussed the resource recovery steam plant in Oregon City, centralized solid waste transfer stations for both public and commercial haulers, and two recycling stations which are all in some stage of ,planning or implementation. He continued by saying that even with the pursuit of other solid waste options, 'mare landfill sites would u be necessary in the very near future. He described the sites currently being considered, to include: the Durham Pits, the 106th and Division site, and a site south of Wilsonville. He concluded by saying that the Metro area solid waste problems would have to be addressed by a combined approach of recycling, resource recovery, landfill and waste reduction. (b) Mayor Mickelson thanked Mr. Irvine for his very informative presentation, and Council. went on to discuss the specifics of the Durham Pits (front end costs, capacity, screening and possible restrictions on types of materials to be dumped). (c) Councilman Brian asked whether there were any possibilities of increasing recycling through regulations and mandates on franchised garbage haulers to provide to-the-door recy--ling. Mr. Irvine stated that MSD has no authority in this area, but that local jurisdictions with franchise ordinances could implement conditions of the franchise to require to-the- door recycling pick-up. Planning Director asked if MSD would consider "subsidizing" the haulers to provide an incentive, perhaps through a re-bate on resale profits. Mr. Irvine stated that he would be willing to discuss the possibilities and assist the City in revising the franchise ordinance. cllurc�.�d �os erc «/34h9 4. AUDIT REPORT PRESENTATION - Coopers & Lybrand C (a) Jim Savage, Coopers & Lybrand, reviewed the audit report. He explained in detail the reference in the first few pages to the qualification of the report, due to the uncertainty of the systems development charge litigation. He went on to highlight the general and special fund equities and expenditures. lie concluded by saying that it had been a very unevent- ful and therefore good year from an accounting perspective, with all equities increasing. (b) City Administrator thanked Mr. Savage. 5. O.D.O.T. 'NOISE MITIGATION RESOLUTION (a), City; Administrator gave a brief background of this issue and described the current need for a resolution to commit St. Anthony ,School to con- tribute their portion of the costs of the total project. He reported that the City share is currently projected at $145,000 and the St. Anthony g share is projected at $3020. He went on to 'say that ODOT has 'opened the bids and will get back to us soon: with precise figures. (b), Councilman Brian noted that the Resolution did not state that St. Anthony School would pay 100% of the local. share for the noise mitigation work. City Administrator suggested amending the resolution to insert a new third "u1HEREAS" -to read t9WHEREAS, St. Anthony School has agreed to pay 100% of the local share for the `noise mitigation work; and" Consensus of Council to amend. City Administrator said this would be brought back for final consideration at the next regular. meeting. PAGE 2 STUDY SESSION MINUTES - November. 19, 1979 i a 6. BUSINESS LICENSE ORDINANCE AMENDMENTS (a) Planning Di rector reported that problems have: occured when businesses move within the City, yet the Planning Department has no way of monitor- ing the properness of the new land use. 'The proposed Ordinance would insure that the Planning Department be informed so as to apply other controls on businesses (appropriateness of zoning, etc.). (b) Councilman Brian questioned the language requiring the Planning Director's approval as a condition of the business License, and suggested that he should merely be informed and could then take appropriate controling action though the code enforcement process. Planning Director agreed to amend Section 2, last sentence, delete, "the approval of" and insert, "notifica- tion to". 7. SUMMERHILLS PARK L.I.D. BID CANVASS (a) Public Works Director reported that twelve bids had been received ranging from $73,000 to $260,000. The Engineers estimate .for the project had been $82,700. He reported that the low bid was for $73,454 from Dales Sand & Gravel. He stated that he would bring this back to Council with a recom- mandation at the next regular meeting. 8. WALNUT STREET SIDE14ALK L.I.D. PROPOSAL (a) Public: Works Director referring to the map provided to Council discussed the cost/benefit relationship between the signing land owners and the actual area of proposed development. He asked for direction from Council on how to proceed. (b) Mayor Mickelson said that this was an area of great concern and that the Council had directed those owners to submit a formal request so that the the City could formally research and respond to the problem. He directed staff to contact other abutting property owners and explore preliminary cost estimates and report back to,Council. 9. LIST OF ENGINEERS FOR SILECTION FOR L.I.D. PROPOSALS (a) Public Works Director reported that there was currently only one engineering firm located in Tigard: Harris & McMonagle. < (b) " Consensus of Council to broaden the area of consideration to Washington County or S.W. suburban so as to obtain a larger selection of engineers. 10. COMMUNIT`I DEVELOP14ENT BLOCK GRANT PROGRAM (a) City Administrator reported that there was approximately $600,000 available for the thirteen ( I3) cities in Washington County. He recommendedrequesting $55,000 for the installation `of wheelchair ramps/ curb cuts, sidewalks for McDonald ;and O'Mara and street lighting. He stated that 128 ramps could be built with approximately $45,000 and the rest could be spent on the sidewalks and street lighting: He concluded by saying that the application deadline was 11/30/79, and formal. Council action would be needed on 11/26/79 if an application was to be submitted. PAGE` 3 _ STUDY SESSION MINUTES - NOVEMBER 19, 1979 11. OTHER (a) City Administrator reported that a letter had been received from Robert Swan, 13285 S.W. Bull Mountain Road, a student at Tigard High School, who was interested in serving as a student representative on the Park Board. Consensus of Council to formally appoint him as a non-voting member of the Park Board. (b) Planning Director reported on a 45-60 acre annexation which can be expected in the near future„ near the Haines Road interchange. He stated that this annexation would form an island. Ile also reported on an upcoming annexation near Greenburg at Tiedeman which would create an island on S.W. North Dakota. (c) Planning Director reported on a request received from Tualatin Development Company to hook up their cable lines from King City to the retirement center and the apartments in Summerfield. He stated that he felt that this would be in violation of the recently approved cable television ordinance and recommended denial. He went on to say that Tualatin Development Company felt that as this would service only private property within the King City/Summerfield area, the ordinance should not apply. Staff to research the problem and report back to Council. (d) Chief of Police reported that a request for speed reduction on 124th and Katherine would be coming up soon to provide a school zone for the Mary Woodward School. (e) Councilman Cook criticized the recent Water District work on Gaarde Street (which received asphaltic overlay this fall). Public Works Director reported that the City grants an annual construction permit to all utilities and therefore has very little control over timing and quality of work with- in the City. City Administrator reported that efforts had been made to prevent this from occuring by asking ;the Water District to do the work prior to the asphaltic overlay, however, the Water District had said that this would be impossible. City Administrator concluded that it was unfortunate that the work did occur so soon 'after:the overlay'. Consensus of Council to have staff direct a letter to Mr. Santee criticizing this incident. //7 iit cd'_e.8 5,-E> ttfAll']9 Al" �7e p5 (f) Councilman Cook, noting that funds were budgeted this year for street lighting;improvements, asked staff to bring a List of possible projects . to Council soon. (g) Councilman Brian inquired what was being done regarding letter of complaint from residents of Highland Court in Summerfield, , City Administrator com- mented staff had checked area and the 'condition as described in the letter regarding parked cars apparently had been corrected. Staff will continue to monitor the area for code violations. ADJOURNMENT OF STUDY SESSION 10:34 P.M. 10:50 P.M. Council went into executive session under the provisions of ORS 192.660 (2)(d) regard- ing legal rights and duties with respect to the following: PAGE 4 - STUDY SESSION MINUTES - NOVEMBER 19, 1979 a a Wheeler-Killion Litigation City Attorney discussed the defense of the City ,regarding the above claim and out- lined several options available to the city. Attorney received concensus of Council how to proceed with the case. Leron Heights Interceptor Sewer Contract Attorney Bailey synopsized the Leron Heights sewer agreement and explained the City's desire to break the contract. Legal Counsel has been meeting with developers in the area in an effort to work out an acceptable agreement, however, if unsuccessful he made several recommendations to Council. Council discussed the matter and provided direction in handling of the case. Attorney to report progress. Meeting adjourned 11:10 P.M. / City ecorder ATTEST: ,- 7 r Mayor z _ i PAGE 5 - STUDY SESSION MINUTES - NOVEMBER 19, 1979 Residents Highland Court Tigard, Oregon 97223 Summerfield Civic Association necs,viieo Tigard, Oregon { 72';3 t Dear Committee Persons: There has been some concern among residents of Highland because of the many strange cars parked in front of the former model Mark V located at 15760 S.of.`iHighl nd Court lo;�rnenthCo.is tb.'e li.eved to be oxmed by Roy f une1erst:nd this property has been rented to a man (name unknown) who allodcely collects cars andreconditions them for sale out of state. In the past month we have noticed aQpe pick-up with a for sale sign plastered on its alight parked on the street which had not been moved for weeks until k a complaint was filed with the Tigard police then it was moved ill there as of November 15, 1970; a Jo the driveway and is st red car was being reconditioned on the street and another car was being spray painted on the street. According to i�clarations & Conditions & Restrictions of Tualatin Accorli.n Corporation pertaining to Summerfield paragraph 1.6 FranRpad e F:Use of Prop "no dwelling is to be used for the con- pate purpose unless prior duct of business of for any co written aoryroval is obtained as provided in Section 1-11" it j also vio�.ates the residential zoning code of I.ashi.nf;ton County forresidenceA. # The rules of Summerfield Civic Association requires eVeryadmi.n- � resident to be a member of the Civic Associatlor► y. 3 istrator informed us on Nov. 14, 197Q that he did not• know the ople or person who lives 'there It .clearly states name of the pe in Paragraph 1.Q pertaining to residential unItrson"no residential de tial � ot unit in Summerfield shall be occupied by any f,. Association". � a propriatary or associate member of Summerfield �.vic relaxation The residents of Highland Court are concerned that any i of the 'rules and regulations of the Civic Associ tion will lead to 'a defi4 te 'dete.riorat_ion in property;values as well as �. aesthetic value. We the undersigned residents of S. W. :ii ghland Court are bring- i.ng this matter to our attention for an immcrdi ate soluti-1- i 6 Re?spectfully, ", ,zit pips to: Roy o ; L T.O.C.< TigardCity Council I LIST OF LOCAL CONSULTING ENGINEERS Foj'. L.I.D. PROPOSALS 1. Harris-McMonagle Associates 5905 SW Compercial '- Tigard, OR 9722 i l Stuart L. Cato (See aarris—McMonagle) = f In i 1 i i G WASHINGTON COUNTY Dil ADMINISTRATION BUILDING—150 N. FIRST AVENUE J HILLSBORO, OREGON 97123 GREGORY S.HATHANIAY.CauntY CaunsPi OO BARD OF COMMISSIONEFIS November 1, 1979 503 64 -8747 MILLER m.DUR!S,Chairman JIM FISHER,Vice Chairman VIRGINIA DAGG TO WHOM IT MAY CONCERN: Pursuant to Section 104 of Chapter 10 of the Washington County Home Rule Charter, Washington County is required to notify every oity council within Washington County County Comprehensive Plan or any element thereof of its. intent to amend the and the rezon- ing of land within one mile of the corporate limits of any city. Enclosed please find Washington_ County Ordinance No. 223 *which will be introduced for first reading at the Hoard's meeting of November 6 , 1979 . Ordinance No. 223 proposes to amend Article ii of the Community Development Ordinance of Washington County Relating to zoning. A second reading will occur November 13 , 1979 and a third reading and first public hearing will occur November 20 , 1979 at 10 :00 a.m. For further information please ccntact _he' Washington County Planning Department at 648-8761.. Gregory S. Hathaway County. Counsel , ,, Enc: PUBLIC HEARING - NOTICE N0710E O� IS HEREBY GIVEN THAT THE BOARD OF COUNTY COb'IJISSIONERS FOR WASH- INGTON COUNTY, OREGON WILL HOLD A PUBLIC HEARING ON TUESDAY, NOVEMBER 20 , 1979 AT 10 :00 A.M. IN ROOM 402 OF THE ADMINISTRATION BUILDING OF THE COUNTY COURTHOUSE COMPLEX, AT 150 N. FIRST STREET. cIILLSBORO, OREGON. THE BOARD WILL NOT ADOPT THE ORDINANCE ON THAT DATE. FUTURE HEARINGS MAY BE HELD AND THE TIME, PLACE AND SUBJECT MATTER TO BE ANNOUNCED. li THE PUBLIC HEARING WILL CONCERN THE PROPOSED ORDINANCE N0. 223 WHICH MENDS THE TEXT OF ARTICLE II OF THE COMMUNITY DEVELOPMENT ORDINANCE OF WASHINGTON COUNTY RELATING TO 'ZONING BY PROHIBITING THE PARTITIONING OF PROPERTY IN THE G1:U-38 DISTRICT LESS THAN THE MINIMUM LOT SIZE URE, COURT ORDER, TESTATE OR INTESTATE SUCCESSION , THROUGH LIEN FORECLOS OR BY ACTION OF GOVERNMENTAL DOMAIN. NOTE; YOU SHOULD BE AWARE THAT THE BOARD MAY CONSIDER AMENDMENTS TO THIS ORDINANCE WHICH COULD PROVIDE FOR, ALTHOUGH NOT LIMITED TO, THE ADDITION OR DELETION OF ZONING DISTRICT CLASSIFICATIONS, EXCLUSION OR REDEFINITION OF THE LOT OF RECORD PROVISION, THE ADDITION OR DELETION OF PRESCRIBED USES IN THE EXISTING ZONING DISTRICTS , CHANGES IN DIMEN- SIONAL REQUIREMENTS,' USES ALLOWED IN CERTAIN DISTRICTS , SETBACK REQUIRE- MENTS, MINIMUM LOT SIZES, AND PROCEDURAL REQUIREMENTS FOR THE PROCESS- ING OF LAND USE APPLICATION. THESE AMENDMENTS MAY RESTRICT OR EXPAND THE USE OF YOUR OR YOUR NEIGHBORS' PROPERTY` IN ALL CURRENT ZONING DISTRICTS 'IN THE UNINCORPORATED PORTION OF WASHINGTON COUNTY• FOR EXAMPLE: 1. _ In the' FRC-38 District, it appears that the county may be required to review every building permit in the FRC-38 District to 'ensure that forest lands will be retained and protected for existing and his may mean that building permits by potential forest uses. T right,will not be able to be issued for certain residential uses. 2. In the RS-1 District, the minimum lot size for new parcels in the Urban Intermediate area of Washington County maybe changed from one acre to a 10 acre size to conform to MSD Urban Growth policies. f((, r ' C N f 2 3 } A COPY OF THE PROPOSED ORDINANCE IS ON FILE AT THE OFFICE OF THE PLAN NING DIRECTOR AND THE DEPARTMENT OF RECORDS AND ELECTIONS AT THE WAST? INGTON COUNTY ADMINISTRATION BUILDING. FOR FURTHER INFORMATION PLEASEE CONTACT THE PLANNING DEPARTMENT AT 648-8761. IN THE BOARD OF COUNTY C01',3P4ISSIONERS 1 FOR WASHINGTON COUNTY, OREGON 2 ( An Ordinance Amending Article II of the ( Community Development Ordinance of Wash- 3 ORDINANCE NO. 223 ( inaton County Relating to Zoning 4 The Board of County Commissioners of Washington County, Oregon S ordains: 6 SECTION 1. 7 A. The Board of County Commissioners of Washington County, Oregon, $ recognizing that Article 22 of the Community Development Ordinance, 3 Relating to Zoning, is in need of periodic revision and amendment- to 10 improve the Article and its application and enforcement in Washington 11 County, Oregon, in the interest of public health,, safety and general 12 welfare of County citizens , does hereby determine the necessity of 13 amending Article II as is hereinafter more particularly described. 14 B. The Board further determines and takes public notice that it is 15 necessary to amend said Article II in order that the zoning_text _of 16 Washington County expressly indicates compliance, conformity and com- 17 patibility with all superior land use laws and regulations : of which it 13 implements directly or indirectly. Z 19 SECTION '2. °r 20 Article Ii of the Community Development Ordinance of Washington zV 0o V 21 County, 'Oregon, adopted pursuant to those standards of planning and z, E0 22 land use' regulations set forth in ORS (Oregon Revised Statutes) Chapter 0 23 215, and, where the aforesaid statutes do not provide such authority, Zm 24 pursuant to the Charter of Washington County, is by this Ordinance, ' N �I 25 amended as set forth below. Underlined matter in an amended section is 0 26 new; matter within brackets is the existing language to be omitted. Pagel ORDINANCE NO. 223 j 1 1. Section 165-2 is amended to read: 2 The Minimum Lot provisions of Section 166 shall not 3 apply to cemetery lots. [ , lots created pursuant to lien 4 foreclosure, court orders, or by testate or intestate 6 succession, or by action of governmental eminent domain.] 6 SECTION 33. 7 The Director of the Department of Planning is authorized and directed 3 to cause the page(s) of Article II affected by the foregoing amendment(s) g to be reprinted to reflect the amendment (s) noting thereon the effec- 10 tive date of this Ordinance and to make the reprinted pages available 11 to the public in the same manner as Article Il. 12 ENACTED this day of _ , IG_, being the 13 reading and _ public hearing before the Board of County 14 Commissioners for Washington County, Oregon., 15 BOAR—D OF COUNTY COMMISSIONERS 4 FOR WASHINGTON COUNTY, OREGON 16 17 CHAIRMAN 18 RECORDING SECRETARY 19 PUBLIC HEARING READING 0 20 z� First om >21 Second` zZ Third _ �c 22 Other aW ' Vote Ave �6 23 Nay UJ zm 24 Recording Secretary ` o� oa 25 Z 26 Date 0 0 Paget - ORDINANCE NO. 223 RD _ ,mak _ A WEEKLY NEWSLETTER VOLUME II Issue 27 November 15, 1979 r.. a City call will be closed on Tivirsda, and. Friday for Thanksgiving. RICH (' -'x'771 has resigned from the ^ngineering 12-epartr"12nt. His replacement is beinZ sought at the present time. T.7-C 'jtlm'''.S, "embers of the Ti,ard. "unicipal -mployees Association voted to j11 oin tie Oregon State Trmploy eeS Association. The vote Was hell: on November 13, 1979. � r ng ry Woods will receive P1final'' 11 indications are that Canterbu < a-ppro v21 early next week. Final inspections have been made 2nd only minor corrections need to be made. (17 721:7f, A Citizens Advisory Committee meeting has been scheduled for ,'!ond.ay, November 19, 1979 at 1.:30 p.m. in the cafeteri.^ of the Phil Lewis School. The purpose of the meeting is to update the Co-mit tee on the progress of the proposed project, introduce the environmental i=i-pact statement and outline the Schedule. OLOm will be presenting this project to the public and 'to Council on December 3, 1979. A formal nearing is scheduled for Tednesday,- December 19, ,1979. T Several weeks ago Staff submitted a grant application for "44,000.00 to, the .Land and '.;ester ,Conservation Fund Program. :se had hoped to ;use the money in Suraler _T,al;;:e Park. The State_;nas notified all applicants that Epecial Project A`ands have not been made available because Congress has not funded Federal Agencies. All requests, have been postponed until Spring of 1980. . It is .estimated that only ` 300,000.00 viill be made available although requests total in excess of "2 :billion.