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City Council Packet - 06/02/1980 TIGARD CITY COUNCIL. STUDY SESSION JUNE 2, 1980, 7:30 P.M. FOWLER JUNIOR HIGH SCHOOL LECTURE ROOM AGENDA: 1. ROLL CALL 2. COMPUTER SOFTWARE AGREE14ENT & 26MB DISC DRIVE - City Administrator. 3. COOPERATIVE AGP.EEMENT - HOUSING AUTHORITY WASHINGTON COUNTY - City Administrator. 4. DOG CONTROL ORDINANCE - Status Report - Planning Director. 5. APARTMENT CONVERSION TO CONDOMINIUMS - Legal Counsel. 6. DOWNTOWN COMMITTEE - Status Report - Planning Director. 7. ENGINEERING RECOMMENDATION FOR 72ND AVENUE LID PROPOSAL - Director of Public Works. S. PARK BOARD ORDINANCE AMENDMENTS - Director of Public Works. 9. POLICY STUDY - Request of Mayor. 10. CONSIDER REQUEST FROM` STATE'OF OREGON REGARDING CONTRIBUTIONS FOR BOUNDARY REVIEW COMMISSION - City Administrator.' 11. .OTHER 12. ADJOURNMENT T I G A R D C I T Y C 0 U N C I I. STUDY SESSION MINUTES, JUNE 2, 1980, 7:30 P.M. 1. ROLL CALL: Present.,Mayor Alan Mickelson; Councilmen Tom Brian, (arriving at ' .i ), John E. Cook, Kenneth W. Scheckla (arriving at p.m.); Councilwoman Nancie Stimler; Chief of Police, Robert C'4) �. B. Adams; Legal Counsel, Joe Bailey; City Administrator, Raeldon R. Barker; Director of Public Works, Frank Currie; City Recorder/ Finance Director, Doris Hartig; Planning Director, Aldie Howard; Administrative Secretary, Loreen Wilson. 2. COMPUTER SOFTWARE AGREEMENT AND 26MB DISC DRIVE (a) City Administrator stated he and finance staff attended a demonstration of the software package and were able to work a practical application on the computer after one hour of training on the machine. Staff was pleased with the results. Cogebec will be opening more offices in the United States in the near future. City Administrator reported we were very close to contract agreement and recommended Council approve on June 9, 1980, so the computer shipment can be processed. 3. COOPERATIVE AGREEMENT HOUSING AUTHORITY WASHINGTON COUNTY (a) City Administrator stated that in June of 1978 the City of Tigard signed an identical agreement with the housing authority for ten (10) units of low income housing. The current proposed agreement would request an additional six (6) units of low income housing. The agreement would be for rehabilitation of existing houses. (b) Mr. Dayton Page, Washington County Housing Authority was present to answer questions of Council_ (c) After discussion, CouncilmanCook moved to ratify agreement. Motion'second- ed by Councilwoman Stimler. Approved by unanimous vote of Council. k. DOG CONTROL ORDINANCE = Status Report (a) ;Planning Director advised Council that the City had rewritten portions of the ordinance and sent it on to Washington County for input. 5 APARTMENT CONVERSION TO CONDOMINIUMS (a) Legal Counsel advised Council to not enter into any sort of agreement or ordinance which would try to,police conversions at this time. Legal Counsel stated that this would produce some constitutional, land use, and enforcement problems that the City is not ready to handle at this time. Perhaps after City of Portland and Multnomah County address the issue, Tigard could look at the situation,again`. e Consensus of Council to address issue at a later date. 6. Mayor Mickelson advised the audience that Kerwood Estates was not on the agenda and that the work to be done in that area should be started shortly. 7. DOWNTOWN COMMITTEE - Status Report (a) Planning Director stated he had worked on the formation of the committee and requested Council appoint the following: 1 Park Board Member. (Phil Hirt had volunteered to serve) 1 Library Board Member. 1 NPO #1 Member. 2 Citizens at Large. 4 Chamber of Commerce Members from the downtown area. And for non-voting members two (2) staff members and one (1) financial advisor (possibly with experience in municipal bonding). Planning Director also requested that Council allow the committee members to set up their goals and objectives with staff assistance. (b) After lengthy discussion regarding number of members, whether or not to have mor-- input from business men other than downtown members, parking and traffic flow, consensus of Council was to accept Planning Director recommendation for committee members and requested committee set their own goals. A resolution will be presented at the June 9, 1980, meeting to confirm this action. 8. ENGINEERING RECOMMENDATION FOR 72nd AVENUE LID PROPOSAL (a) Director of Public: Workssubmitteda list of engineering firms, four of which he felt could handle thissizeof LID proposal. His;recommendation was Marline DeHass & Associates, Suite A-5, Shon-Tay Professional Center, 15800 S.W. Boones Ferry Road, Lake Oswego, Oregon'97034. ' (b); After discussion regarding engineering firms suggested, Councilman Scheckla moved to select DeHass & Associates and enter into an agreement with the firm to engineer the project. Motion seconded by;Councilwoman Stimler. Approved by majority 4 to 1 vote of Council. Mayor Mickelson voting Nay. 9. PARK BOARD ORDINANCE AMENDMENTS r (a)> Director of Public Works reauested Council consider changing the Park Ordinance per the Park Board request. The main change would be from a seven (7) member board to a nine (9) member board with the School District representative being an adult. It was also requested that a vice chairman also be elected by the membership, and in section 2.12.050 of the code the words "using as a guide the City Council adopted 'Environmental Design and Open Space Plan' (Ord. #77-70)" be placed at the end of subsection (1). A- PAGE 2 — Study Session Minutes, June 2, 1980 } t s (b) After discussion between Mr. Bob Bellanger, Park Board member, staff and Council, Council requested School District member be open to adult or student, and that staff bring request back to the June 9th regular meet- ing for action by Council. 10. POLICE STUDY (a) Mayor stated the study had been out for a couple of weeks and that staff and Council need to now implement some of the findings in the report and use it to its fullest. It was requested that the City Administrator and Chief of Police submit written responses to the report and findings as suggested by Dr. Tracy. July 21st Study Session will be the target date for this. City Administrator also suggested Council and staff obtain copies of the book "Policing in Free Society" and read this as it was highly recommended by Dr. Tracy and suggested in the study that participants read. Council directed staff to purchase the book. (b) Chief of Police requested Council develop policy for staff to follow, as suggested by the study, in implementing police services. Councilman Brian requested each Council-person prepare their list of polices and at a future study session, discuss and formulate for staff. Consensus of Council was to check on status of both projects near the end of June and use July 21, 1980, for a target date. 11. CONSIDER REQUEST FROM STATE OF OREGON REGARDING CONTRIBUTIONS FOR BOUNDARY REVIEW COMMISSION. (a) City Administrator stated the City had received a request by the State for a contribution for the Boundary Review Commission in the amount of $439.50 to support the Commission through June 30, 1981. City Administrator noted that City should help support this and requested Council approval. (b) Motion by Councilman Brian to allocate $439.50 from the General Fund for purposes outlined in the letter from the State of Oregon dated May 23, '1980 After lengthy discussion regarding appointment vs election of members of the Commission, and the possibility of having to support the Commission in the future, the motion to approve funding was approved by unanimous vote of Council. 12. OTHER (a) ;Legal Counsel stated there had been a law suit filed on Varns Street "L.I.D. He would keep Council abreast of any developments. (b) City Administrator advised Council that Lamb Weston had requested one (1) year ago a permit to house temporary offices .in a mobile dwelling on the property. The formal office''complex is ;close to being ready but Lamb- Weston has 'requested an extension on the temporary use permit for six (6) PAGE 3 - Study Session Minutes, June 2, 1980 S more months until the move can be made to new facilities. This will be handled at June 9, 1980, Council meeting. i (c) City Administrator noted that the unclassified employees had decided not to contest the salaries awarded them by Council for the fiscal year 1980-81. However, staff has some postive suggestions to make the process smoother, less painful one in the future. Unclassified employees will contact Council later with more details. (d) Councilman Cook questioned whether the City street sweeper had been sweeping the private property at the Summerfield Parking lot for the new commercial development. Staff stated that is not normal procedure but that the sweeper was down = sweeping Summerfield Drive. (e) Councilman Cook requested something be done regarding high grass and weeds in the. Summerfield area. Director of Public Works and Planning Director discussed the City's abatement process noting that notice must be sent to the property owners before any action can betaken by the City. Council consensus was to have the Nuisance Abatement Officer police the grass and weed problems in the City with more diligence. (f) Councilwoman Stimler asked why the Cook Park soccer fields were reported as 'torn up'. Director of Public Works stated the City had reseeded portions of the fields and that they would be ready for play by September for the 7 and 8 year olds. (g) : Councilwoman Stimler requested soccer fields be used also for adult games. Director of Public Works said that there is a field schedulingcommittee `; in the community; that would be scheduling the soccer fields for use, how- ever, Cook Park areas are too wet from October to April for play to be allowed on the fields. (h) ' Councilman Brian requested the Selection_ Committee meet to interview people for the vacancies on the Library, Park and Planning rnmmission. It was suggested: that;a list of applicants be made so as to not interview the same persons over again. Meeting was set for June 5, 1980, at 4.:00 PM (i) Councilman Scheckla requested staff do something about the political signs along S.W. Pacific Highway. , Council requested staff look at ways to amend Tigard Municipal Code to allow for better policing of the political sign issue. {j) Planning Director requested Council look at the money situation on the Senior Citizens Center. The zone change has been approved by the Planning Commission and will be coming to Council soon, however, funds are too short to be able to complete the project. ('` PAGE 4 - Study Session Minutes, June 2, 1980 a Councilwoman Stimler and staff discussed Cothe fact thatusCornelius was toxeas returned their money to the County and the County use some of those monies for the Tigard po Jest. City Administrator is checking with monaes arch atnd will this time t to see i fthe County will allow us to use those (k) Planning Director stated the NPO #1 would be meeting Wednesday night at Fowler Junior HighoS�sOozoposa"130fo.M.G ItoJoesdiscuss the land use issues only for J.B. Bishop's P (1) available advised and would be distributed in the packets Director of Public Works advised Council that the engineering report for the 74th Street LID is for the June 9th meeting. 13, ADJOURNMENT: 9:27 P.M. n City Recorder !f ATTEST: Mayor PAGE 5 - Study Session Minutes, June 2, 1980 a , f, THE HOUSING AUTHORITY OF WASHINGTON COUNTY 232 N.E. Lincoln (Weil Arcade), Hillsboro,Oregon 97123 Phone: (503) 641-8511 COMMISSIONERS D.H. D ltman. Cn­ " - T.J. E—ft J L. Huygens L. 8. Panning L. M. Wa'iao May 28, 1980 EXECUTIVE DIRECTOR: L.C. Cable Honorable Allen Mickelson, Mayor 12420 S.W. Main Tigard, OR 97223 Dear Mayor: The attached Cooperation Agreement is transmitted herewith for action by the Tigard City Council and execution by you. The Housing Authority of Washington County has applied for a funding committment for 54 units of substantial rehabilitation, Six (6) units will be located in the City of Tigard and is in accordance with the Housing Assistance Plan. This is a program whereby the Housing Authority will purchase and substantially -- rehabilitate dwelling units for the purpose of renting to low incomefamilies who will pay no more than twenty-five per- cent of their income for 'rent. Please include this item on your next council meeting ';agenda. �r Yours truly, HOUSIN AUTHORITY OF WASHINGTON COUNTY -.. LU C CABLE Executive Di for LC/am encl . COOPERATION AGREEMENT This Agreement entered into this day of May, 1980, by and between the Housing Authority of Washington County Cherein called the "Local Authority") and the City of Tigard (herein called the "Municipality"), witnesseth: In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: i. Whenever used in this Agreement: ' (a) The term "Project" shall mean any low-rent housing hereafter developed or acquired by the Local Authority with financial assistance of the United States of America acting through the Secretary of Housing and Urban Development (herein called the "Government"); excluding, however, any low-rent housing project covered by any contract for loans and annual contributions entered into between the Local Authority and the Government, or its pre- decessor agencies, prior to the date of this Agreement. (b) The term "Taxing Body" shall mean the State or any political subdivision or taxing unit thereof in which a Project is situated and which would have authority to assess or levy real or personal propertytaxes or to certify such taxes to a taring body or public officer to be levied for its use and benefit with respect to a Project if it were not exempt from taxation. (c) The term "Shelter Rent" shall mean the total of all charges to all tenants of a Project for dwelling rents and nondweliing rents (excluding all other income of such Project), less the cost to the Local Authority of all dwelling and nondwelling utilities. s 2. The Local Authority shall endeavor (a) to secure a contract or con- tracts with the Government for loans and annual contributions covering one or more Projects comprising approximately 6 units of low-rent housing and (b) to develop or acquire and administer such Project or Projects, each of which shall be located within the corporate limits of the Municipality. The obliga- tions of the'parties hereto shall apply to each such Project. 3. (a) Under the constitution and statutes of the State of Oregon all Projects are exempt.from all real and personal property taxes and special assess- ments levied ssess- ments' levied or imposed by any Taxing Body. With respect to any Project, so long as either (i) such Project is owned by a public body or governmental agency and Is used for low-rent housing purposes, or (ii) any contract between the 'local Authority and the Government forloans or annual contributions, or both, in connection with such;Project remains in force and effect, or (III) any,bonds issued in connection with such Project or any monies due to the Government in connection"with such Project remain unpaid, whichever period is the longest, the Municipality agrees that it will not'levy or impose any real or personal property taxes or special assessments upon such Project or upon She Local Authority with respect thereto. During such period, the Local Authority shall ' make annual payments (herein called"Payments in Lieu of Taxes") in lieu of such taxes`:and special assessments and in payment for the Public services and facilities furnished from time to time without other cost or Charge for or with respect to such Project. (b) Each such annual Payment in Lieu of Taxes shall be made no later l than the 20th day of July of each year, and shall be in an amount equal to ten percent (10%) of the Shelter Rent charged by the Local Authority in respect {� to such Project during such fiscal,:.year. t y WE -1- !� x � F R � � t (c) The Municipality shall distribute the Payment in Lieu of Taxes among the Taxing Bodies in the proportion which the real property taxes which would have been paid to each Taxinq Body For such year if the Project were not exempt from taxation bears to the total real properly taxes which would have been paid to all of the Taxing Bodies for such year If the Project were not exempt from taxation: Provided, howeve, that no payment for any year shall be made to any Taxing Body in excess of the amount of the real property taxes which would have been paid to such Taxing Body for such year if the Project were not exempt from taxation. (d) Upon failure of the Local Authority to make any Payment in Lieu of Taxes, no lien against any Project or assets of the Local Authority shall attach, nor shall any interest or penalties accrue or attach on account thereof. 4. During the period commencing with the date of the acquisition of any part of the site or sites of any Project and continuing so long as either (i) such Project is owned by a public body or governmental agency and is used for lour rent housing purposes, or (it) any contract between the Local Authority and the Government for loans or annual contributions, or both, in connection with such Project remains in force and effect, or (iii) any bonds issued in connection with such Project or any monies due to the Government in connection with such Project remain unpaid, whichever period is the longest, the Municipality without cost or charge to the Local Authority or the tenants of such Project (other than the Payments in Lieu of Taxes) shall: (a) Furnish or cause to be furnished to the Local Authority and the tenants of such Project public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the Municipality; (b) Vacate such streets, roads, and alleys within the area of such Project as may be necessary in the development thereof, and convey without charge to the Local Authority such interest as the Municipality may have in such vacated areas; and, in so far as itis lawfully able to do so without cost or expense to the Local Authority;or to the Municipality', cause to be'removed from such vacated areas, In so far as It may be necessary, all public or private utility lines and equipment; (c) in so far as the Municipality may lawfully do so, (t) grant such deviations from the building code of the Municipality as are reasonable and necessary to promote economy and efficienty in the development and administration of such Project, and at the same time safeguard health and safety, and (ii) make such changes in any zoning of the site and surrounding';territory of such Project as are'reasonable and necessary for:the development' and'protection of`such Project and the surrounding territory; (d) Accept grants of easements necessary for the development of> such Project; and (e) cooperate with the Local Authority by such other lawful action or ways as the Municipality and the Local Authority may find necessary in connection with the development and administration of such Project. i 5.- to respect to`any Project the Municipalityfurther agrees that within a reasonable time after receipt of a written request therefor from the Local Authority: (a) it will accept the dedication of all interior streets, r roads, allays, and adjacent sidewalks within the area of such Project, together with all storm and sanitary sewer mains in such dedicated areas, after the Local Authority, -z �� t at its own expense, has completed the grading, improvement, paving, and installation thereof in accordance with specifications acceptable to the Municipality: (b) It will accept necessary dedications of land for, and will grade, improve, pave and provide sidewalks for, all streets bounding such Project or necessary to provide adequate access thereto (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned); and (c) It will provide, or cause to be provided, water mains, and storm and sanitary sewer mains, leading to such Project and serving the bounding streets thereof (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned). 6. If by reason of the Municipality's failure or refusal to furnish or cause to be furnished any public services or facilities which it has agreed hereunder to furnish or to cause to be furnished to the Local Authority or to the tenants of any Project, the Local Authority incurs any expense to obtain such services or facilities then the Local Authority may deduct the amount of such expense from any Payments in Lieu of Taxes due or to become due to the Municipality in respect to any Project or any other low-rent housing projects owned or operated by the Local Authority. 7. No Cooperation Agreement heretofore entered into between the Municipality and the Local Authority shall be construed to apply to any Project covered by this Agreement. S. No member of the governing body of the Municipality or any other public official of the Municipality who exercises any responsibilities or functions with respect to any Project during his tenure or for one year thereafter shall have any interest, direct or indirect, in any Project or any property included or planned to be included in any Project, or any contracts in connection with such Projects or property. If'-any such { governing body member or such other public official of the Municipality involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, he shall immediately disclose such interest to the Local Authority. q. So long as any,contract between the Local Authority;and the Government for loans (including preliminaryloans) or annual contributions,' or both, in connection with any Project remains in force and effect, or so long as any bonds issued in connection with any Project or any monies due ' to the Government in connection with any Project remain unpaid, this Agree Ment shall not be abrogated, changed, or modifiedwithout the consent of the Government. The privileges and obligations of the Municipality here- under shall remain in full force and effect with respect to each Project so long as the beneficial title to such Project is held by the Local Authority or by any other public body or governmental agency, including the Government,`authorized by law to engage in the development or administra- tion of low-rent housing projects. if at any time the beneficial title to, f or possession of, any Project is held by such;other public body or govern- mental agency, including the Government, the provisions hereof shall inure to the benefit'of,and may be enforced by, such other;public body or'govern- mental'agency. including the Government. k y> E. S y; -3- i {P IN WITNESS WHEREOF the Municipality and the Local Authority have respec- tively signed this Agreement and caused their seals to be affixed and attested as of the day and year first above written. (SEAL) By Attest: T1tIe HOUSING AUTHORITY OF WASHINGTON_COUNTY (SEAL) r ®yL !.l�iL��� l�lll Chairman Attest: -Sect �ry f r . -4- MEMORANDUM f, TO: Tigard City Council FROM: Public Works Director SUBJECT: Consultant Selection + or S.W. 72nd Avenue L. I. D. DATE: May 29, 1980 M f At the May 19, 1980 City Council meeting, staff was asked to present a rated list of Engineering Consultants chosen from the existing list used for small L. I. D.s and projects, and other firms which have expressed an interest in this project. Based on telephone conversations with a principal from each firm from the attached list, personal knowledge of professional and technical performances, recommendation of other clients and a survey of local projects, when available, I present the follow- ing prioritized list of Engineering Consultants for Council's consideration, specifically for the proposed S.W. 72nd Avenue L. I. D. project. It is my recommendation that the top name on the list, Marlin DeHass Associates, of Lake Oswego, Oregon, be selected and that the staff be directed to negotiate a two-phase agreement for the Mayor's signature. Phase one would include services through the public hearing stage. Phase two would include final design, con- struction and project administration. Proposed S.W. 72nd Avenue L.I.D. Project " -- Prioritized Consultant List: Marlin DeHass & Associates Suite A-5 Shon-Tay Professional Ctr. 15800 SW Boones Ferry Road Lake Oswego, OR ' 97034 R. A. Wright Engineering 1308 SW'Bertha Blvd. Portland, OR 97219 Robert E Meyer Engineers, Inc. 14250 SW Allen Blvd. Beaverton, OR 97005" Harris & McMonagle Associates, Inc. 8905 SW'Commercial Tigard, OR 97223 Others Cooper &Associates Drinkwater/Thompson 11676 SW 66th Avenue9205 SW Burnham St. Portland, OR Tigard, OR 97223 James M. Montgomery, 'Consult. Eng. Inc. Ginther EnginFe«ng, INN. 7000 SW Hampton St.(Suite 215) 3800 SW Cedar Hills Blvd Portland, OR 97223 Beaverton, OR 97005 v 1 �` Chapter 2.12 PARK AND RECREATION BOARD Sections : 2.12.010 Appointments. 2.12.020 Meetings. 2.12.030 Advisory capacity. 2.12.040 Terms of office. 2.12.050 General functions and responsibilities. 2.12.060 Specific responsibilities. 2.12.010 A pointments. A park and recreation board is created, hereinafter referred to as the "pEight board," The park board shall consist of, nine persons. persons shall be appointed by the city concil, not more an two of whom may be nonresidents of the city. A senea11 person shall be a voting adult appointed by the Tigard school board and confirmed by the city council, and such person shall reside within the estab- lished boundaries of the Tigard school district. All board members shall have equal status in recommendation and voting powers. Board members shall receive no compensation. A chairman,,,and a secretary shall be elected by the membership vice chaiiman, * Editor' s Note: Ord. 77-25 combined Chs. 18.58, "Site Development Plan," and 18.59, "Architectural Design Re- view," into one chapter, Ch. 18 .59 , entitled, "Design Re'v'iew." J at the start of each year. A chairman shall not serve con- secutively for more than two years in said capacity. (Ord. 79-93 §2(part? , 1979: Ord: 79-27 §2, 197.9: Ord. 78-12 "§2, 1978: Ord. 72-66A §1, 1972: Ord. 70-11 §1, 1970) 2 12 020 Meetings. The park board `shall hold meetings as needed, but shall not meet less than six times per year. Minutes of each meeting shall be prepared and submitted the g city recorder not more than seven days following a board meet- ing. These minutes shall be reviewed by the city council at a regular meeting. Notice of all meetings shall be given to all members at least seven days"prior to he meeting stating day, time and place. (Ord'. 79-93 §2(Part) , 1979 : Ord. `72- 66A 52 , 1972: Ord. 70-11 §2, 1970) , t 2.12.030 Advisory capacity. The park board shall be ' advisory to the city council on matters pertaining to the creation, operation and maintenance of recreation facilities under the jurisdiction of the city. The park board shall not obligate any funds without first obtaining permission to do so from the city council. (Ord. 79-93 §2(part) , 1979: Ord. 70-11 §3, 1970) < 2.12.040 Terms of office. The terms of office of all members of the board shall be four years to expire December 31st. Any vacancy shall be filled by motion of the city council for the unexpired portion of the term. (Ord. 79-93 §2 (part) , 1979) < 2.12.050 General functions and responsibilities. The IBM general functions of the park board shall be: (1) To define the objectives of public recreation serv4ces and make plans and general policies to achieve these objec- tives; bjec- tives; using as a guide the City Council adopoted "Environmental Design and open (2) To keep public officials informed of the status and space progress of recreation services and program; Plan" (3) To recommend a sound fiscal plan to achieve park.(ord_.177-70) and recreation service objectives. (Ord. 79-93 §2 (part) , 1979) . 2.12.060 Specific responsibilities. The specific respon- sibilit sei of the park board shall be: (1) To recommend recreation policies and service levels g to the city council generally; (2) To act in an advisory capacity to the city council and city administrator; (3) To advise the city council of problems related to the development of recreation, facilities, programs, etc. ; (4) To aid in coordinating city recreation services with the programs of other governmental agencies and volunteer organizations; (5) To review the `effectiveness 'of the park and recrea- tion program with the city administrator and city council; (6) To review the annual budget in relation to',parks _ and recreation funding with the city administrator, budget committee and 'city 'council; (7) To prepare a brief 'annual report to the city council outlining responses to general and specific responsibilities placed upon the park board by this chapter. (Ord. 79-93 §2 (part) 1979) < xr� b� Y 4_ P3-n'• t f E 6 j: k e e S j 6 8 Pig Av 2 1980 STATE OF OREGON TIGARD SIXTIETH LEGISLATIVE ASSEMBLY STATE CAPITOL SALEM, OREGON 97310 -- JASON D. BOE 1 HARDY MYERS _ PRESIDENT May 23 , 1980 SPEA-..ER Mayor and City Council City of Tigard P. 0. Box 23397 Tigard, OF. 97223 Dear Local Officials: This letter is a request for your support to continue the local boundary change process in an unimpeded manner. The 1979 legislature provided funds only for one year operation of boundary commissions with the understanding that local govern- ments within the Commissions ' jurisdictions would provide funds for the second year of the biennium. The following footnote from the Ways and Means Committee explains the legislature' s decision: "House Bill 2724, as amended, continues General Fund financing for the three existing local government boundary commissions until July 1, 1930. It is anticipated that local jurisdic- tions will finance the cost of operating the three commissions' for the second year of the 1979-81 biennium. If local contri- butions are insufficient to continue the commissions, an allocation for the Emergency Fund will be required." Recently, the Emergency Board ratified this position by refusing to approve a boundary commission request for _second ;year funding from the EmergencyFund. At the April meeting, the Emergency Board allocated funds for the boundary commissions to operate only through `July, .1980, and directed :the commissions to 'seek ' local support in the form ofmonetary or in-kind contributions. This 'letter is a request for that "support. Determining an appropriate level of support is difficult. Dis- CuSsion at the 'Emergency Board suggested;that local governments contribute 20 percent of the amount necessary to fund boundary commissions for fiscal .year 1980-81. Thetotalrequirement .for the Portland Metropolitan Area Boundary Commission is $141,551 . A 20 percent local 'share of that amount is $28,310. Based on 'a 1979 population estimate from the Center for Population Research k e f. E e-� s and Census at Portland State University of 1 ,011,700 , a rate of three cents per capita applied to each city and the unincorpo- rated portion of each county would raise the necessary funds. Based on your unit's population of 14,650 , we request a voluntary contribution of $439.50. This request is made in order to maintain an orderly boundary change process for the remainder of the 1979-81 biennium. With- out your cooperation, serious difficulties will arise. Attached is a letter from Legislative Counsel advising the nature of the problems which would occur without adequate funds to operate boundary commissions. We assure you that we will make every effort during the 1981 legislative session to provide a permanent solution to funding boundary comiiiiss ions . Would you please place this request on your earliest agenda for consideration? The boundary commissions must return to the July 17 , 1980 Emergency Board meeting to report on results of this effort to obtain local government support. We, or our represen- tatives, will be glad to meet with you to discuss this matter. We seek your support and ask for your official action on this request as soon as possible. Please direct any questions or correspondence to the Boundary Commission at 320 S. W. Stark (Rm 530) , Portland, Oregon 97204; Phone -- 229-5307. Thank you for your cooperation and assistance. Sincerely, Re resentat e Hard Myers Senator Jason Boe A President of 'Senate Speaker; of the House .r, // .-- Senator lifford Trow Representative Glenn Otto _ Chairman Chairman Senate Task Force on House Interim Committee on Intergovernmental Coordination Intergovernmental Affairs k enclosure a L Phone: 378-8148 4 OFFICE OF THE LEGISLATIVE COUNSEL 5101 State Capitol -$ Salem, Oregon 97310 Date: 06/29/79 To: Honorable Mike Ragsdale Frgm: Fred R. Neal Subject: Local Government Boundary commissions You have asked for a brief memorandum on the functions of local government boundary commissions and what the effect would be of not funding those commissions but not repealing their relevant statutory provisions. Boundary commissions are state agencies created by ORS 199.410 to 199.512 to review and act upon all boundary changes for cities and 10 types of special districts and upon all extra-territorial extensions of water and sewer lines within their jurisdiction. Six of Oregon's major urban counties are under boundary commission jurisdiction. Boundary commission procedure supercedes and operates in lieu of the statutes for city boundary changes generally, ORS chapter 222, and for district boundary changes generally, ORS chapter 198. Boundary;,commission approval is required for all boundary changes and extensions within their jurisdiction. .'.Petitions for major boundary changes (e.g. city or district incorporation or dissolution) are filed with the commission by the agency responsible for receiving the 'petitions under the principal Act for formation of that district or city. If, the commission fails to act on the petition within 120 days, the petition is considered approved and the remaining procedure under the principal Act for public hearing, modification:of boundaries and elections shall be carried out by the agency which, in most instances, will be the county governing body. Petitions or resolutions for minor boundary changes (e.g. annexations, withdrawals and extra-territorial extensions) are fired directly with the bou<nffiary commission. If the commission does not act within 90 days after the filing, ;the boundary change' is considered approved. If the change is a health hazard, triple- majority or island annexation it takes effect upon adoption of the final order of the commission approving the change or on the date specified by the commission. Other minor .boundary changes take effect 45 days after the commission's final order is adopted if no date is specified. Petitions of remonstrance against the minor boundary change must be filed with the commission within 45 days of the adoption of the final order to force an election on the change. The commission shall order the election and proclaim the results. m y � <r w . For all boundary changes in its jurisdiction, filing with the commission is required and commission action or inaction is measured from the date of filing. If the commission is not funded it can operate, and be staffed, only on a volunteer basis and from any gifts or grants it might receive. Therefore, the commission probably would not maintain an office. If not, where would a person file a petition? commission approval of petitions by default is provided for, but without proof of filing, when would the 120 or 90 day period begin tolling? Perhaps personal service on individual members of a boundary commission cotild constitute filing, but without staff or other expenses paid for, would not corpmission members all resign? Regardless, it is doubtful that they could be required to carry out their statutory duties as state officers if they are denied necessary funding. Even assuming the initial filing problem is surmountable, for minor boundary changes, which constitute the great bulk of boundary commission proceedings, there would be no public hearing, review and adjustment of boundaries or means of carrying out an election upon remonstrance if no commission were functioning. Under such uncertain circumstances, it is reasonable to assume that no new annexations would be initiated and no new water or sewer connections outside city or district boundaries would be made in Oregon's six major urban counties. If this should occur it is likely that some interested party will file for a declaratory judgement on a currently pending boundary change and the courts will then be given the task to determine the effect of not funding, but not repealing, boundary commissions. No one is in a position, at this time, to guess what the full consequences would be. However, because of the preclusion under ORS 199.487 of the general ;procedure'` provided by law for city or district minor boundary changes, ; to avert` a probable moratorium on urban development and confusion as to ;judicial interpretation of an awkward 'statutory' scheme, the legislature should either repeal at least ORS 199.425, (which creates the commissions), or find the means to adequately fund local governmentboundary commissions. o -2- .T R D UPD A WFFKI Y NEWSLETTER VOLUME 11 Issue 35 MAY 29, 1980 PLANNING IACANCY :CON. Mr. Helper's and Mr. Popp's terms on the Planning Commission end on July lst. Mr. Popp has indicated that he will not continue to serve through reappointment. He has been filling the unexpired term of Mr. Wood. FACTFINDING MEETING. The factfinding meeting regarding contract negotiations with TPOA has been rescheduled. Originally set for May 27th, it will now be held on Tuesday, June 10th at 9:00 a.:n. at the Eurhan mreatment Plant. COOK PARR IMPROVE t . The foundation for the Cook Park Restrooms was poured on Tuesday. Construction on the rest of the building will commence within a week. Curbs have been constructed in the parking lot next to the new soccer fields. Paving will take place when we do the street over lays. There is a separate item in the street overlay bid specs for the parking lot BID OPENING. Bids for the City's Street Overlay Program were opened Thursday at 4 3 p.m. . The EngineeringDepartment will analyze the bids and Present a recommendation to Council at the 'next regular meeting. 7 bids' were received ranging from $132,006 to ,$156,143.40. The unit cost from the apparent low bidder was $26.53 per ton and the high ,bidder was $31.64;per ton. CITY HALL ROOF. Griffith Roofing Co. has completed the job of covering the roof of City Hall with tar. Work was interupted briefly when Bob Irwin, the Code Enforcement Officer, insisted that the company obtain a Business License before they went onto the roof. CABLE TE7 �lISIOI�t STUDY. Ms. ,Tan Eller, Portland State `University Intern to the Planning Dept I., has finished a preliminary, Cable Television Studyconcerning municipal ownership of a system by the, County and the Cities within the county. This study will be presented the the Cable Committee in June. DOG ORInINANCE REVISIONS. The revisions to the presnet Dog Ordinance have been sent to the County for review. We have an agreement with the County :far Dog Control and this agreement and the new 'ordinance` have to be computable. County Counsel should respond soon. The ordinance will then be presented to Council. . . Rum h av ^ N N ty sae. N h cu C CD m M E-: a o ro ai �d L, I= A. x H M c"a 'fir+ CZ Q H H CD ,a m w 0 1 (v C)EL4 H m w 0 w C) w ro .Y O aa041 41 N CA .N G' .. N .". + $ r 1 +1 -L 00 w Q -H H ro .fie a H • @ O O CO -Li = G P�4 CO 4J O M H •. C? cc z r4 O h -:r Ile r1 w.G 04 .-i –• N -- i cn (s• 1 rd rr cn ` I •I-i O 9 U R. �. !ed C") ro Ste+ I U a co U .-. 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