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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 0 N1.01s, V d' Y WE. . 1 ck_ 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. 1 - (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. a (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. R i PAGE 2 -" Study;Session Minutes - October 15, 1979 s IRS 111 g ore= f i 1 (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. x 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 s (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 E 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 y meeting. 1' r PAGE 4 - Study Session Minutes - October 15, 1979 f r 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 { (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. f (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 a 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. 17 j (✓ ; Recorder Pro Tem - City of Tigard f ATTESTS: 2 Lity Mayof Tigard PAGE 6 Study Session Minutes - October 15, 1979 a 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. } 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. l s ' Page 2 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. k t i f I g- i i L TO: TIGARD CITY COrYTCIT, F 10-T: Ar,DT' rTO-.,_pPDy PLAI-TEN DIFZC±0? SIJ3J. . IR--,lGAT IOT.T ?TAT":R FO' CCOT P6R r ITr . ml,.� mODn_'r IT I :'"!n Ali ? TO-, ^TD' .£T G i1 07 T I 1 TT.JA'i.nml,T 'j'�Lz-Y SFTIri mlOITtlDIS ' iIC 'y t,i - T, GI'-7 T S)SU?"=T e _J THAT: A,TPr^_ ,%A.T_••R 'ICUL D BT;' A�jA II 3]� PRO I1 'P;-t'� mrJAT!'_TI i RIVE FOR vrT--Lt' IRal l-GATIO iv OF COCK PAP",% SSAT CT T.n 1TTn- r 7 ^, ,.i DT,rG. DIRECT '� PTZ,'.7f'? I :_T A..I_11: : R:._.n. CJ' RIF.y .UB%IC O.__S DIS ORy TO s � _ ._ TO nT �� Tn c r r STTTeG _- M7 jOTv' AN P PPLICATION 10 L-T COR_ O� 'ETr..r1i�T�'= � RIMUF' TO COTTSTRUCT A PU;!-'DrTG PILt-TFO CA O,T"R T.,T RIVER. COST 0 A r, -- FU >"_IND ASSOCIA?TrD CL1T� =Pd`' IS 3 T`G IN-kr c'_'IG4.T,:"D. T IR?Ilr^_`"IOTT DIST?ICT `.'IIID S I�'J USA "' T AT A CO�T nprTC": Or Y350 TO "500. Dx P rTDIiTG UPON m r SI?r OF T -� DISCTHAlZ .7 CO''T;1 CTICN TO T_- 7T-TP. - .APPLICA'TIOT? ''TILL Br XAD' Til-F.CTT-- "_-E IR_.I TI T T.-- GATIC' r,Ic:7r. CT TO STAT `.J T HLA`'l v'? Y O? AN I�TCI- -^S I T i -L 7-1 nS Cl < n^L Cl! IS O :l�rr' Cir Els-I I T- T_ ?1C c'TIO_T TAT? . D; C" A r^n,S,'ij' T BAS.,_. I''-= IR'IGATT P =n=CTy Ti 'r r'r,NrlP CT WITH US F0: AT tA.T APPRO:_I•l^,-, COST CP r±S0. P^`n' ACRE FOOT. r'aD LI °_' AT.TSL T TIS i r� TC1r.T COcL FTCTJR A,•,-j 00i.?'p1_ Irs pT" O A. G�.L s i.L TO n*s^ TI:'A11D I,AT-7P DISTRICT �IAT1•:S PCR T — E-11 MIA`TTITY. _ EXP77CT A`"T �AVC,.�AB= R.PM.? rRC_,I T� r� IP0,IGATIc T DISTRICT SHOULD !" ACn-U7RP ADDITICT,AL IL 1) IN n-l'; �UTUPE O":T T"E t'AC'T='P1: STD^ OF 92tTD A' s :TIOUyD ��V. mrd CP'^IOTT 0" Ie1CR1 ASI`G OTJP T.."=P RIGHTS T ROUE i TrE I7_:RIGATION DIST7- ICT AT Tu4T TI":1✓ SHOULD; Tim 'NEE= TO. I '°j�'U'sJD ATTTICIPAT' A FUIT_i r '_sORT B--=r, "9 ORE YOU FO!,- CONSID."'?.A'TICrT T.jTT=T Tu-- N-EXT. m',;O "_ONT=t` AS YOU e�TO.J `'�=' F,ECFT'l; D A ~"A�`OR:A,BLE _ _ ;. -. _ _ BID :ON TIE IRRIGATION ^C1uI?'eE'LTT FOR Tii_' NEW -QCCCER F IEEIDS AND OUR rrT�-rc rr ;. rm T7 "IO-= OF m iLS FCIIJI T��T cO"pT. ''T. `•T_A_Y 'THA :';I B� I T IIs�_A.�L�'_t _ y_u BEGIN - TO c- -T-A?,-P- ,Tp�T,� rT T(m t;AnvP I�.TTmIALI,Z. USE WATER DIS A nTJTrr. Li ,nT, !'! 7,D i d _� J -.� :_,� I _ �� z'_fir .':.}T'�11 n I �T� ^ T Rt AT' t ;-� T',� .AS, -�XP_.T!: IV ,:� iU'p.�...�.s1.1,.. r _ .ti.t.r t C �DI:,Rs!C� T.An^T? r T _. _ _. ��. Ss �: _ n *; � ny - rc �* rc .rL.: , Arrr.r7�S VQC%T ,rn-r Inr T( ",�TOrT D cm7T(�m, ar_ _ .T i - { d 1 x 1 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.