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City Council Packet - 10/18/1976 R _ u 0o 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 t 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 ti' 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. t 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. �f ,x ?r ` City Recorder S.r ATTEST: ,� Mayor - I rte X�. ;r -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? r Y C'. 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. a �._ 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. K. s< fir; 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. r: rr=z' k�f.y �4� r"'UBLIC UTILITY COMMISSIONER OF OREGON LABOR & INDUSTRIES BUILDING • SALEM 97310 • Telephone -;03) 378- October 12, 1976 File: SIR 786 j � 3E-034.30 !,.• 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