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10/22/2007 - Packet TIGARD WATER DISTRICT BOARD OF COMMISSIONERS MEETING Serving the Unincorporated Area Monday October 22, 2007 7:00 PM Tigard Water District Auditorium 8777 SW Burnham Road Tigard, Oregon TIGARD WATER DISTRICT BOARD of COMMISSIONERS Senring the Unincorporated Area Tigard Water Building Auditorium 8777 SW Burnham Street, Tigard, Oregon AGENDA Monday,October 22,2007,7:00 p.m. 1. Call to Order 2. Approval of Minutes: September 24th Regular Meeting 1 3. Public Comments 4. IWB Update 5. Treasurer's Report 6. Process to Revise Budget 7. Consider new Commissioner Travel Expenses and Compensation,if any 8. Storage of District Records 9. Staff Support—Transition Plan and Administrative Services 10. Recess Regular Meeting and Convene Executive Session 11. Reconvene Regular Meeting and Consider Matters From Executive Session,if any 12. Discuss Status of Bylaws and Possible Revisions 13. Election of new officers 14. Discuss Strategic Vision for District and Public Opinion Survey 15. Discuss Cost and Benefit of a District Web Site 16. Non-agenda Items,if any 17. Set Next Meeting Date—November,2007,at 7:00 p.m., Tigard Water Building Auditorium,8777 SW Burnham Street,Tigard,Oregon 18. Adjournment Executive Session: The Tigard WaterDistria Board maygo into Executive Session ander the provaions of ORS 192.660(2)(e),(f)dy(h) to circus:nalproperty trauarctioons,information or man*that an exempt by kw frompublic inspection,and current and pending 6kgarionJf an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute All discussions wfhin this session am ronfidentia4 therefore nothing from this session may be Jisdosed by those present.Representatives of the news media are allowed to attend this Session,as provided by ORS 192.660(4),but must not disclose any information discussed No Executive Session may be held fir the purpose of taking anyfinal action or making any final decision.Executive Sessions are closed to the public. Questions? Contact the City of Tigard at 503.639.4171 ,II II I 0 .11II 711111 .l • �I MEI 1w= III 1 11 111 1111 1111 .LI lilMilialleelnewiiiimlop_Wdtim. SII*I • TIGARD WATER DISTRICT BOARD OF COMMISSIONERS Serving the Unincorporated Area Meeting Minutes Monday,September 24,2007 Tigard Water Building Auditorium 8777 SW Burnham Street,Tigard,Oregon 97223 Members Present Julie Russell,Bert Cornick,Ken Henschel,and Charles Radley Members Absent Kinton Fowler Staff Present Water Quality&Supply Supervisor John Goodrich TWD Recorder Joy Koss Visitors: Richard Burke (Tualatin Valley Water District) and Barbara Sherman (Tigard Times) L Call to Order,Roll Call and Introductions The Tigard Water District(IWD)meeting was called to order by Chair Radley at 7:04 p.m. Note: To allow Commissioner Henschel time to finish reviewing the minutes,the Board proceeded on to item 3. 3. Public Comments Visitor Richard Burke Tualatin Valley Water District(TVWD)will decide in December between Haag take and the 40 foot dam raise over the Willamette River as a future water source. The presumptive option is Haag Lake. He reported that a number of citizens expressed their concern about the Willamette River option. The Board discussed the West Bull Mountain Planning Group and that there are two different groups: the Technical Advisory Group(service providers)and Stakeholders Group (property owners and interested citizens). Mr.Burke guessed TVWD would be in the Stakeholders Group,because it would be unlikely to provide water to those areas. Note: The Board returned to item 2. 2. Approval of Minutes: August 27th Regular Meeting and September 4th Special Meeting Commissioner Russell made a motion to both sets of minutes as written;Commissioner Cornick seconded the motion. The motion was unanimous vote,with Commissioners Russell,Comick,Henschel and Radley voting yes;Commissioner Fowler was absent Note: The Board proceeded to item 4. 4. IWB Update Commissioner Russell reported highlights of the September 12,2007,MB meeting as follows: • Developer credit for leak request—Staff suggested that credit not be granted and the NUB Board denied request by unanimous vote. Later in the meeting the developer appeared. The IWB Chair suggested to the developer to return next month,make a presentation,and the IWB Board would revisit that decision. • Discussion on the use of reclaimed water in d,,w.u.wu Tigard and policy and incentives for storm water diversion—Clean Water Services Mark Dockers • Discussion of additional Tenancy in Common Agreements for within the Tigard Tigard Water District 1 September 24,2007 Draft prior to signing of the IGA,so this Board could understand the intent of that document No action was taken and the Board decided to table this agenda topic for now. 11. Discuss Strategic Vision for District and Public Opinion Survey The Board decided to table discussion on this agenda topic. 12. Discuss Cost and Benefit of a District Web Site Commissioner Cornick stated he has a contact that could set up a web site for$3504450 and post for approximately$6 a month. Commissioners discussed the potential of a web site similar to Raleigh Water District(RWD). Commissioner Russell suggested that Commissioner Cornick look at RWD's web site and make comment C......:.b.,:ones Cornick made a motion that the !Wll Board members agree they want a web site and pursue the costs and layout Chair Radley expressed concern as to what line item would web site costs appear on the budget Commissioner Russell thought the Board could review the budget and discuss it at the next meeting when they have the proposals for the costs of the web site. Chair Radley seconded the motion. The motion was approved by unanimous vote,with Commissioners Russell,Cornick,Henschel and Radley voting yes;Commissioner Fowler was absent 13. Non-agenda Items,if any Commissioner Henschel had concerns about the revenues of TWD and auditing. The Board discussed these issues. Commissioner Henschel thought the TWD Board should officially talk to an to get that issue resolved. Since this has come up before,Chair Radley indicated he had discussed this with counseL The Board decided to get attorney Eakins opinion in writing. Because there is a lot of confusion as to who is Tigard Water District,Commissioner Henschel proposed the Board consider a name change. The Board planned to check with attorney Eakins about ramifications and costs. Commissioner Russell thought it could be a fun thing to"name the district"and Chair Radley agreed it could be an opportunity for public outreach. Chair Radley informed TWD Board members that he has the key to the mail box and that he has checked mail a couple times a week,the bank account is open,and checkbooks just arrived in the mail Board members agreed the transaction of funds could wait until Commissioner Fowler returns. Chair Radley indicated TWD has received two bills from Eileen Fakins Law Firm and the balance due at this time is$7,763.64. Board members continued discussing budget matters and the process to reallocate funds in contingency. Mr.Goodrich gave Chair Radley the 2006-2007 annual report from Clean Water Services received by the City of Tigard by mail Also,Mt Goodrich provided Board members with copies of a memorandum he had sent to Chair Radley,along with reference materials,regarding the right-of-way for the Burnham Street project Mr.Goodrich discussed a small triangle of property that was probably severed when Burnham Street went through. That tax lot is identified as Tigard Water District,which means it is under the IWB,and each partner owns a small percentage of this property. It is deemed an"other asset" Mr. Goodrich referred to the letter from ROWA indicating the Burnham Street project will reduce the size of that property by 12 feet Mr.Goodrich wanted to notify the TWD Board first,then the IWB of plans to donate the entire property as right-of-way for that project The t^� �tt has no real value, commercial or otherwise. Mr.Goodrich indicated his reason for bringing this topic to the TWD Board now is to give the Board plenty of time to discuss it The Board continued discussing the value and title description for this No�l f. No action was taken by the Board. • 14. Set Next Meeting Date--October 22,2007,at 7:00 p.m. Tigard Water Building Anti ,8777 SW Burnham Street,Tigard,Oregon Chair Radley asked Mr.Goodrich who is going to be organizing the October meeting. Mr.Goodrich Tigard Water District 3 September 24,2007 Draft responded his assumption is,until he is told otherwise,he will be here on October 22,2007. Note: The board returned to item 7. 7. Recess Regular Meeting and Convene Executive Session Executive Session-Real Property Transactions,Exempt Public Records and Consultation with Legal Counsel on Pending Litigation Chair Radley recessed the regular meeting at 8:30 p.m.and announced the TWD Board was going into executive session. The executive session convened at 8:35 p.m. Staff did not participate. The TWD Board concluded executive session at 10:17 p.m. 8. Reconvene Regular Meeting and Consider Matters From Executive Session,if any The regular meeting reconvened at 10:22 p.m. Note: Chair Radley announced that attorney Eakins was in attendance via telephone. Chair Radley stated the first issue is keep the City of Tigard as the'i WD Board's primary defendant Chair Radley made a motion to authorize attorney Eakins to drop the three defendants from TWD law suit(former Commissioners Rhine,Froude and Zeider)and to take necessary steps to arrange for that action;Commissioner Henschel seconded the motion. Chair Radley made the following statement "The current Board believes that three former Board members proceeded at the June 25,2007,TWD meeting. However,it is in the best interest of our district's members and citizens to streamline this case and,thus,reduce our district's cost of litigation." The motion was approved by unanimous vote,with Commissioners Russell,Cormick,Henschel and Radley voting yes;Commissioner Fowler was absent. Chair Radley announced the TWD Board will not be making further use of the services of attorney Clark Balfour and the Board will utilize the services of Eileen Eakins Law Firm for all legal matters,and will handoff any outstanding matters from Clark Balfour to attorney Eakins. Chair Radley made a motion to appoint Eileen Eakins to act as sole legal counsel for the Tigard Water District until further notice; Commissioner Russell seconded the motion. The motion was r� i J by unanimous vote,with C.,.. :. ;_••toners Russell,Cormick,Henschel and Radley voting yes;C.,......:.goner Fowler was absent Note: The Board returned to item 6. 6. Staff Support—Transition Plan and Administrative Services The Board decided to table discussion on this agenda topic. 15. Adjournment Commissioner Henschel made a motion to adjourn;Commissioner Comick seconded the motion. The motion was at'Yivv c1 by unanimous vote,with Commissioners Russell,Cornick,Henschel and Radley voting yes;Commissioner Fowler was absent Chair Radley adjourned the meeting at 10:30 p.m. Joy Koss,TWD Recorder Date: Tigard Water Dirtrict 4 September 24,2007 Draft • TIGARD WATER DISTRICT BOARD OF COMMISSIONERS Serving the Unincorporated Area Meeting Minutes Monday,September 24,2007 Tigard Water Building Auditorium 8777 SW Burnham Street,Tigard,Oregon 97223 Members Present: Julie Russell,Bert Comick,Ken Henschel,and Charles Radley Members Absent Kirton Fowler Staff Present Water Quality&Supply Supervisor John Goodrich TWD Recorder Joy Koss Visitors: Richard Burke (Tualatin Valley Water District) and Barbara Sherman (Tigard Times) 1. Call to Order,Roll Call and Introductions The Tigard Water District(FWD)meeting was called to order by Chair Radley at 7:04 p.m. Note: To allow Commissioner Henschel time to finish iwiewing the minutes,the Board proceeded on to item 3. 3. Public Comments Visitor Richard Burke reported Tualatin Valley Water District(TVWD)will decide in December between Haag Lake and the 40 foot dam raise over the Willamette River as a future water source. The presumptive option is Haag Lake. He reported that a number of citizens expressed their concern about the Willamette River option. The Board discussed the West Bull Mountain Planning Group and that there are two different groups: the Technical Advisory Group (service providers)and Stakeholders Group(property owners and interested citizens). Mr.Burke guessed TVWD would be in the Stakeholders Group,because it would be unlikely to provide water to those areas. Note: The Board retuwed to item 2. 2. Approval of Minutes: August 27th Regular Meeting and September 4'h Special Meeting Commissioner Russell made a motion to both sets of minutes as written;Commissioner Cornick seconded the motion. The motion was approved by unanimous vote,with Commissioners Russell,Comick,Henschel and Radley voting yes;Commissioner Fowler was absent Note: The Board proceeded to item 4. 4. IWB Update Commissioner Russell reported highlights of the September 12,2007,IWB meeting as follows: • Developer credit for leak request—Staff suggested that credit not be granted and the IWB Board denied request by unanimous vote. Later in the meeting the developer appeared. The IWB Chair suggested to the developer to return next month,make a presentation,and the IWB Board would revisit that decision. • Discussion on the use of reclaimed water in downtown Tigard and policy and incentives for storm water diversion—Clean Water Services representative Mark Dockers • Discussion of additional Tenancy in Common Agreements for properties within the Tigard Water Service Area—Chair Scheiderich requested staff to define which of those properties were in the unincorporated area and which were actullly located in Tigard,and timing of annexations Tigard Water District 1 September 24,2007 on those properties. • Commissioner Russell requested the IWB to delay any decisions for Tenancy in Commons on any other properties until after the current lawsuit is settled—The IWB Board agreed to table action for now. • Update on water supply options Chair Radley indicated there was one other IWB issue that is public,but not related to litigation,that pertains to denial of a request for an audio recording of the executive session for the April 11,2007,IWB meeting. The TWD Board is going to appeal that decision using due process to the District Attorney of Washington County. Chair Radley made a motion that the TWD Board submit a Petition Requesting Review of Denial of Public Records Request under ORS 192.460 with reference to the audio recording of the executive session of the April 11,2007,IWB meeting,with Commissioner Russell to prepare a cover letter and make submission to the District Attorney of Washington County. Commissioner Henschel seconded the motion. Chair Radley added that it begs the question of what authority does the IWB actually have. The motion was approved by unanimous vote,with Commissioners Russell,Cornick,Henschel and Radley voting yes;Commissioner Fowler was absent. Chair Radley and Commissioner Russell signed the Petition. 5. Appoint Representative to West Bull Mountain Stakeholders Group After some discussion on this topic,Commissioner Henschel made a motion to appoint Commissioner Russell to represent the 1 W D on the Technical Advisors Group of Washington County's Concept Planning for UGB areas 63 and 64;Commissioner Cornick seconded the motion. The motion was approved by unanimous vote,with Commissioners Russell,Comick,Henschel and Radley voting yes; Commissioner Fowler was absent Note: The Board advanced to items 9 through 14. 9. Consider Commissioner Travel Expenses and Per Diem Commissioner Fowler had provided Chair Radley with a copy of an expense report and the other Board members received a copy of the report by e-mail Chair Radley noticed Commissioner Fowler had used an incorrect mileage number on the expense report and bad e-mailed a correction to fellow Commissioners. Commissioner Cornick made a motion to approve the revised expense report from Commissioner Fowler with the mileage rate changed to$485;Commissioner Russell seconded the motion. The motion was by unanimous vote,with Commissioners Russell,Cornick,Henschel and Radley voting yes;Commissioner Fowler was absent 10. Discuss Status of Bylaws and Possible Revisions Chair Radley stated he had a discussion with attorney Eakins about bylaws and she mentioned there is no requirement that IWD have bylaws. There are a lot of small districts that do not have any bylaws. Chair Radley,Commissioners and Mr. Goodrich discussed the following topics: • Certain documents included in the binder that was provided to new Board members and whether amendments or motions had been passed years ago to vary procedure to be different than the bylaws • District records being transferred to TWD • Past requests for copies of records(all minutes of all meetings from 1990 through 2004). Mr.Goodrich indicated he would get some clarification as to what date the boxes of records the TWD will be receiving and,if there is anything specific the Board requires at this time,he would submit the request and follow through with it Commissioner Russell thought it would be helpful to have minutes prior to signing of the IGA,so this Board could understand the intent of that document No action was taken and the Board decided to table this agenda topic for now. Tigard Water District 2 September24,2007 11. Discuss Strategic Vision for District and Public Opinion Survey The Board decided to table discussion on this agenda topic. 12. Discuss Cost and Benefit of a District Web Site Commissioner Cornick stated he has a contact that could set up a web site for$3504450 and post for api,-,n:m.ately$6 a month. Commissioners discussed the potential of a web site similar to Raleigh Water District(RWD). Commissioner Russell suggested that Commissioner Cornick look at RWD's web site and make comment Commissioner Cornick made a motion that the TWD Board members agree they want a web site and pursue the costs and layout. Chair Radley expressed concern as to what line item would web site costs appear on the budget Commissioner Russell thought the Board could review the budget and discuss it at the next meeting when they have the proposals for the costs of the web site. Chair Radley seconded the motion. The motion was approved by unanimous vote,with Commissioners Russell,Comick,Henschel and Radley voting yes;Commissioner Fowler was absent 13. Non-agenda Items,if any Commissioner Henschel had concerns about the revenues of 1 WD and auditing. The Board discussed these issues. Commissioner Henschel thought the'1WD Board should officially talk to an accountant to get that issue resolved. Since this has come up before,Chair Radley indicated he had discussed this with counsel. The Board decided to get attorney Eakins opinion in writing. Because there is a lot of confusion as to who is Tigard Water District,Commissioner Henschel proposed the Board consider a name change. The Board planned to check with attorney Eakins about ramifications and costs. Commissioner Russell thought it could be a fun thing to"name the district"and Chair Radley agreed it could be an opportunity for public outreach. Chair Radley informed 1WD Board members that he has the key to the mail box and that he has checked mail a couple times a week,the bank account is open,and checkbooks just arrived in the mail. Board members agreed the transaction of funds could wait until Commissioner Fowler returns. Chair Radley indicated TWD has received two bills from Eileen Eakins Law Firm and the balance due at this time is$7,763.64. Board members continued discussing budget matters and the process to reallocate funds in contingency. Mr. Goodrich gave Chair Radley the 2006-2007 annual report from Clean Water Services received by the City of Tigard by mall. Also,Mr.Goodrich provided Board members with copies of a memorandum he bad sent to Chair Radley,along with reference materials,regarding the right-of-way for the Burnham Street project Mr.Goodrich discussed a small triangle of property that was probably severed when Burnham Street went through. That tax lot is identified as Tigard Water District,which means it is under the IWB,and each partner owns a small percentage of this property. It is deemed an"other asset." Mr.Goodrich referred to the letter from ROWA indicating the Burnham Street project will reduce the size of that r��,r tr by 12 feet Mr.Goodrich wanted to notify the TWD Board first,then the IWB of plans to donate the entire property as right-of-way for that project The property has no real value, commercial or otherwise. Mr. Goodrich indicated his reason for bringing this topic to the TWD Board now is to give the Board plenty of time to discuss it. The Board continued discussing the value and title description for this property. No action was taken by the Board. 14. Set Next Meeting Date—October 22,2007,at 7:00 p.m. Tigard Water Building Auditorium,8777 SW Burnham Street,Tigard,Oregon Chair Radley asked Mr.Goodrich who is going to be organizing the October meeting. Mr..Goodrich responded his assumption is,until he is told otherwise,he will be here on October 22,2007. Note: The boani rrturned to item 7. 7. Recess Regular Meeting and Convene Executive Session Tigard Water Dirtrict 3 September 24,2007 Executive Session-Real Property Transactions,Exempt Public Records and Consultation with Legal Counsel on Pending Litigation Chair Radley recessed the regular meeting at 8:30 p.mand announced the TWD Board was going into executive session. The executive session convened at 8:35 p.m. Staff did not participate. The'1W1) Board concluded executive session at 10:17 p.m. 8. Reconvene Regular Meeting and Consider Matters From Executive Session,if any The regular meeting reconvened at 10:22 p.m. Note: Chair Radley announced that attorney Eakins was in attendance via telephone. Chair Radley stated the first issue is keep the City of Tigard as the TWD Board's primary defendant. Chair Radley made a motion to authorize attorney Eakins to drop the three defendants from TWD law suit(former Commissioners Rhine,Froude and Zeider)and to take necessary steps to arrange for that action;Commissioner Henschel seconded the motion. Chair Radley made the following statement "The current Board believes that three former Board members proceeded improperly at the June 25,2007,TWD meeting. However,it is in the best interest of our district's members and citizens to streamline this case and,thus,reduce our district's cost of litigation." The motion was approved by unanimous vote,with Commissioners Russell,Cornick,Henschel and Radley voting yes;Commissioner Fowler was absent. Chair Radley announced the TWD Board will not be making further use of the services of attorney Clark Balfour and the Board will utilize the services of Eileen Eakins Law Firm for all legal matters,and will handoff any outstanding matters from Clark Balfour to attorney Eakins. Chair Radley made a motion to appoint Eileen Eakins to act as sole legal counsel for the Tigard Water District until further notice; Commissioner Russell seconded the motion. The motion was approved by unanimous vote,with Commissioners Russell,Comick,Henschel and Radley voting yes;Commissioner Fowler was absent. Note: The Board returned to item 6. 6. Staff Support—Transition Plan and Administrative Services The Board decided to table discussion on this agenda topic. 15. Adjournment Commissioner Henschel made a motion to adjourn;Commissioner Comick seconded the motion. The motion was approved by unanimous vote,with Commissioners Russell,Comick,Henschel and Radley voting yes;Commissioner Fowler was absent. Chair Radley adjourned the meeting at 10:30 p.m. Joy Koss,TWD Recorder Date: /4/-Z /.;4-42o`7 Tigard Water District 4 September 24,2007 Tigard Water District Board Members 2007 Name Address Phone Number Position&Term Expiration Julie Russell 12662 SW Terraview Drive (503) 603-9152 (home) #1 June 30, 2009 Tigard, OR 97224 (503) 312-9163 (cell) (2-yr. term) jarusse1159@comcast.net Bert Cornick 14640 SW 1415`Avenue (503) 590-6402 (home) #2 June 30, 2009 Tigard, OR 97224 (503) 524-6872 (fax) (2-yr. term) bcornick@comcast.net (503) 495-5016 (work) (503) 869-2121 (cell) Ken Henschel 14530 SW 144`" Avenue (503) 579-8375 (home) #3 June 30, 2011 Tigard, OR 97224 (4-yr. term) Ken.Henschel@comcast.net Kinton Fowler 16170 SW Hazeltine Lane (503) 524-6680 (home) # 4 June 30, 2011 Tigard, OR 97224 (4-yr. term) kintonfowler@verizon.net Charles Radley 15729 SW Colyer Way (503) 579-4686 (home) #5 June 30, 2011 Tigard, OR 97224 (503) 578-6358 (fax) (4-yr. term) cfrjlr@gmail.com (503) 624-1951 (work) (503) 320-3529 (cell) Joy Koss 13125 SW Hall Blvd. (503) 718-2591 TWD Recorder Tigard, OR 97223 (503) 718-2401 (fax) JOY@tigard-or.gov I:\pw\twcl\2007 Roster.doc Sign-in Sheet for Tigard Water District Meeting October 22, 2007 Name and Address Would you like to (Please Print) speak to the Board? Gc-dfliCe friEb\P .e--s ,4,00 Q' no„Hell cNajgctilS )122f2jncin 3y: date: /0/x-2-/a -7 Agenda Item No.: 9 TIGARD WATER DISTRICT WASHINGTON COUNTY,OREGON RESOLUTION NO. 07- OS- A SA RESOLUTION AUTHORIZING A FINANCIAL ACCOUNTING AND THE TRANSFER OF DISTRICT FUNDS FROM THE CITY OF TIGARD TO THE DISTRICT WHEREAS,pursuant to a 1994 intergovernmental agreement("1994 IGA"),the City of Tigard has been performing certain administrative services on behalf of the Tigard Water District ("District"), including collecting revenues from water service customers; and WHEREAS, according to Section 5F of the IGA,the District is to receive an"annual rebate equal to 1%of the previous year's water sale revenue within the District for District expenses,"which accrued amount the City of Tigard has been managing on behalf of the District since the 1994 IGA; WHEREAS,in a letter from Tigard City Manager Craig Prosser, dated July 5, 2007,the City of Tigard notified the District that it was terminating"the current arrangement of providing administrative, accounting, and budget management services to the District effective August 20, 2007"; and WHEREAS,in response to such notification,the District's Board of Directors has been preparing to assume the administrative tasks necessary to continue to serve the District's customers, including authorizing the opening of a bank account by Resolution No. 07-0f,in order to receive funds due the District and to pay expenses incurred and to be incurred in performing such administrative services,and the opening of such bank account has been accomplished; and WHEREAS,by letter dated October 12,2007,Tigard City Attorney Tim Ramis requested that all requests by the District to the City of Tigard be authorized by Board resolution; NOW,THEREFORE,the District's Board of Directors hereby resolves as follows: 1. The Board Chair shall request that the City of Tigard provide an accounting of the accrued amounts due to the District through October 31,2007,no later than November 1, 2007; 2. The Board Chair shall request that the amounts due the District pursuant to such accounting be transmitted to the District no later than November 8, 2007,for deposit in the District's bank account. 3. The Board chair shall request that,unless and until the terms of the 1994 IGA are renegotiated or otherwise interpreted by a court of law,that the City of Tigard provide a*nonthly accounting and monthly payments thereafter for amounts due to the District under the 1994 IGA. RESOLUTION AUTHORIZING FINANCIAL ACCOUNTING AND TRANSFER OF FUNDS 1 APPROVED AND ADOPTED on October 22, 2007. Board hair ATTEST: ce___4d District Secretary RESOLUTION AUTHORIZING FINANCIAL ACCOUNTING AND TRANSFER OF FUNDS 2 Submitted at the TWD Meeting By: � • Date: /a 7 Agenda Item No.: /7 Tigard Water District PROFESSIONAL SERVICES AGREEMENT Attorney Services THIS AGREEMENT is made and entered into by and between the Tigard Water District("District"),an Oregon municipal corporation,and the law firm of Mead Smith, PC, an Oregon professional corporation("the Firm"), as of October 22,2007. RECITALS A. The District desires to enter into a contract for attorney services to assist with litigation,and the Firm is qualified and prepared to provide such services. B. This Agreement establishes the scope of services to be provided by the Firm and the compensation for such services. AGREEMENT 1. The District hereby engages the Firm for the purpose of providing legal services to the District, and the Firm accepts such engagement. This Agreement is non- exclusive. 2. This Agreement shall commence as of October 22,2007,and shall continue until terminated by either party upon 30 days' written notice of termination. Upon such termination,the District shall pay the Firm for fees and expenses actually incurred in performance of this Agreement prior to termination. 3. The Firm shall provide litigation and related services("the Services")to the District as needed. George Mead of the Firm shall be the primary attorney responsible for providing the Services,but may delegate certain portions of the Services to other attorneys or staff within the Firm. 4. The Firm shall coordinate the Services with and through the District's attorney,Eileen Eakins,principal of the Law Offices of Eileen Eakins,LLC. Ms. Eakins shall be responsible for coordinating services with the Firm and shall be the primary point of contact between the Finn and the District. However,nothing in this Agreement shall be interpreted to create an employer-employee relationship as between the Law Offices of Eileen Eakins,LLC,and the Firm, and shall not remove or qualify the obligations under this contract between Firm and the District. The Firm shall be an independent contractor for all purposes. 5. For the Services outlined above,the Firm shall be compensated on an hourly basis at the rate of$185 per hour,billable in 6-minute increments. These rates shall be reviewed annually on the anniversary of this Agreement and adjusted as agreed to by the parties. If it is necessary to bring a case to trial,the Firm may request a$5,000 LEGAL SERVICES AGREEMENT(MEAD SMITH,PC) 1 Trial Deposit which shall be deposited into trust, in addition to existing fees,which must be received before the case is set for trial. 6. In addition to the above rates,the Firm shall collect reasonable expenses, including but not limited to mileage, filing and service fees,copying, long distance telephone,public notices,trial and reporter fees, deposition transcripts, computerized legal research and expert witness fees. Such expenses shall be recovered from the District at the Firm's actual cost. 7. Firm shall make and keep reasonable records of work performed and expenses incurred pursuant to this Agreement and shall provide detailed monthly billings to the District. Billings for expenses shall be paid in full within 30 days of receipt thereof. The District understands that any balance owing is due and payable ten(10) days from the date of the monthly statement. District understands a late payment penalty of.75 percent per month(9%per annum)may be charged on all unpaid balances over 30 days old. 8. District agrees to fully cooperate with the Firm and others working on the case. District will keep The Firm advised of all matters which may have a bearing on the case,and will cooperate with The Firm to keep appointments,give depositions,produce documents,respond promptly to The Firm's letters, appear for scheduled court appearances,and keep the Firm informed of any change of address or telephone number or employment within five days of the change. 9. District understands The Firm will use its best effort in representing the District. The Firm has given no assurances about the outcome of matters being handled by The Firm. Nothing in this Agreement shall be construed as a promise or guarantee about the outcome of District's case. Attorney's comments about the outcome of the matter are expressions of opinion only. 10. District agrees that The Firm is not required to complete work on its case and that it may withdraw as District's attorney at any time if District fails to comply with the exact terms of this agreement. District understands The Firm will send written notice of intent to withdraw to District's last known address and need give no other notice. 11. District understands that it is not the responsibility of any other person or entity to pay District's attorney fees and costs, even though The Firm may ask the court to order another to pay part or all of the attorney fees and costs. The responsibility to pay fees and costs is with District. 12. The Firm may,upon non-payment by District,cease work on any projects until the account is brought current. If either party chooses to terminate the Attorney- District relationship, The Firm agrees to turn over to District,within a reasonable time of such notification,all documents relating to District's file,provided that District has,paid all outstanding fees and costs. In the event the District has not paid in full,the Firm shall LEGAL SERVICES AGREEMENT(MEAD SMITH,PC) 2 maintain a possessory lien pursuant to ORS 87.430 on the file materials. It will be within the discretion of The Firm to charge for copying of such materials. 13. District hereby grants the Firm a lien against any sums held for District in the Firm's trust account,and against any money judgments entered in District's favor in this or any other legal proceeding. The lien will be removed only when the District's bill is paid in full. District specifically authorizes the Firm to receive any said funds and to pay to itself all fees and costs from said funds before releasing the balance to the District. 14. District agrees to submit to the Fee Arbitration Panel of the Oregon State Bar any dispute with The Firm about the amount and/or reasonableness of any legal fee imposed by the Firm. District agrees to be bound by the results of said arbitration. 15. District agrees that the prevailing party shall be entitled to recover collection costs and attorney fees incurred in the trial and the appeal of any suit or action filed to enforce the provisions of this agreement,including any arbitration hearing. The prevailing party shall also be allowed to recover as part of any judgment a sum sufficient to pay the prevailing party for any attorney fees which may be incurred after entry of judgment to collect said judgment from non-prevailing party. Any lawsuit filed to enforce this agreement will be filed in Washington County, Oregon. 16. Pursuant to ORS 279B.220,the Firm shall: (1)Make payment promptly, as due,to all persons supplying labor or material for the performance of the work provided for in the Agreement; (2)pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract;(3)not permit any lien or claim to be filed or prosecuted against District on account of any labor or material furnished; and (4)pay to the Department of Revenue all sums withheld from employees under ORS 316.167. 17. Pursuant to ORS 279B.230(1),the Firm shall promptly,as due,make payment to any person, copartnership,association or corporation furnishing medical, surgical and hospital care services or other needed care and attention,incident to sickness or injury,to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law,contract or agreement for the purpose of providing or paying for the services. 18. Pursuant to ORS 279B.230(2),the Firm agrees that it will comply with ORS 656.017 regarding payment of worker's compensation. Pursuant to ORS 279B.235, the Firm agrees that any employee providing services under this Agreement shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals who are excluded under ORS 653.010 to 653.261 from receiving overtime. All persons employed under this Agreement shall receive at least time and a half pay for work performed on the legal holidays specified in ORS 279B.020(1)(ba(B) to(G)and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week,whichever is greater. LEGAL SERVICES AGREEMENT(MEAD SMITH,PC) 3 19. District understands and agrees that if District requests The Firm to perform services on any other legal matter subsequent to the signing of this agreement, the terms of this Agreement shall apply to and be binding in the new matters until a new fee agreement is negotiated between The Firm and District. 20. The Firm shall maintain professional liability insurance insuring the Firm against errors or omissions in the amount and on the conditions required by the Professional Liability Fund of the Oregon State Bar. 21. All notices,bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices,bills and payments sent by mail should be addressed as follows: The District: Tigard Water District P.O. Box 230281 Tigard, OR 97281-0281 The Firm: Mead Smith,PC 1672 SW Willamette Falls Drive, Suite D West Linn, OR 97068 When so addressed, such notices,bills and payments shall be deemed given upon deposit in the United States mail,postage prepaid. 22. Any modification of the provisions of this Agreement shall be reduced to writing and signed by the parties. 23. A waiver by a party of any breach by the other shall not be deemed to be a waiver of any subsequent breach. 24. This Agreement contains the entire agreement between the parties and supersedes all prior written or oral discussions or agreements regarding the services described herein. 25. This Agreement shall be governed by the laws of the State of Oregon. Venue shall be in the Circuit Court for Washington County,Oregon. Both parties shall adhere to all applicable federal,state and local laws and rules in performance of this Agreement. IN WITNESS WHEREOF,the District has caused this Agreement to be executed in duplicate originals by its duly authorized undersigned agents and the Firm has executed this Agreement on the date hereinabove first written. AGREED to this aa., day of ©Cid 17 e-R ,2007.' LEGAL SERVICES AGREEMENT(MEAD SMITH,PC) 4 TIGARD WA-TR/DISTRICT ME MIT ,PC By: -a-. .rv4 r By: Its: ` Its: C�ia j "7-w Q LEGAL SERVICES AGREEMENT(MEAD SMITH,PC) 5 Submitted at the TWD Meeting )ate: /o/.•e- .)---/e)—7 Agenda Item No.: :LOCAL GOVERNMENTS SINCE 1996. LAW OFFICES OF EILEEN EAKINS , LLC September 25,2007 BY FIRST-CLASS MAIL Roger F.Anderson Anderson&Dittman,LLP 8865 SW Center Street Tigard, OR 97223 RE: Tigard Water District v. City of Tigard, Case No. C073602CV Dear Mr.Anderson: Per our conversation today, enclosed please find a stipulated judgment of dismissal for your clients,Janet Zeider,Beverly Froude, and George Rhine. I am aware that notice to the court would suffice since no appearance has yet been filed,but I prefer a stipulated judgment to ensure that my client is not subject to claims for costs or fees under ORCP 54(A)(3). If the enclosed stipulation is acceptable,please sign it and return it to me and I will forward it to the court. Thank you for your courtesies in this matter. Sincerely, ja-Le,‘, Eileen G. Eakins Enclosures : Tigard Water District Board (tJ/o i+tid4?w��7 1672 SW WILLAMETTE FALLS DRIVE, SUITE D • WEST LINN, OREGON • 97068 PHONE: 503.607.0517 • FAX: 503.636.2797 • EILEEN( EAKINSLAW.COA1 City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 Submitted at,the TWD Meeting • By: MB Date: %0/t. / oc' 7 Agenda Item No.: TIGARD October 11,2007 NOTICE TO AGENCIES, PUBLIC UTILITIES, ELECTRIC COOPERATIVES AND TELECOMMUNICATIONS CARRIERS OPERATING WITHIN THE CITY OF TIGARD, OREGON. The following information is enclosed with this letter in regard to property recently annexed into the City of Tigard: City rile No./Name: ZCA2007-00003/Highland Hills Subdivision Annexation Ordinance Effective Date:November 8, 2007 • City Council ordinance approving the annexation (Ordinance No. 2007-17). • Legal description and map of the subject properties. • Detailed parcel information of the subject properties shown below. MAP& SITE OWNER'S OWNER'S ADDRESS TAX LOT ADDRESS NAME IF DIFFERENT THAN SITE ADDRESS 2S109AB,00300 13273 SW Bull Mountain Road Shadypeak Development,LLC 2675 NW Thurman Street Portland,OR 97210 , If you have any questions or need further information,please call Emily Eng or me at 503-639-4171. Sincer ly, / 'or 111P7w1,314776/__---' Patty Luns ord Planning Adminis . . - Specialist Enclosures c: ZCA2007-00003 Land use file Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2007- fl AN ORDINANCE ANNEXING 1.81 ACRES, APPROVING THE HIGHLAND HIT.l S SUBDIVISION ANNEXATION (ZCA2007-00003) AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS 222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed; and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties which currently lie within the boundary of the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on October 9, 2007, to consider the annexation of one (1). parcel (Washington County Tax Map 2S109AB, Tax Lot 300) of land located north of SW Bull Mountain Road and withdrawal of said property from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Tigard Water District for certain debt obligations, however, in this instance the Tigard Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of the annexation into the City and withdrawal of the annexed property from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District on October 9, 2007; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning most closely conforming to the County zoning; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro,3.09 regulating annexations; and ORDINANCE No. 07- /7 Page 1 WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the parcel described in the attached Exhibit "A" and shown in Exhibit "B" and withdraws said parcel from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit "F" and incorporated herein by this reference. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 4: City staff is directed to take all necessary measures to implement the annexation, including certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District shall be the effective date of this annexation. SECTION 6: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2008. SECTION 7: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By unaSUS vote of all Council members present after being read by number and title only,this Q' day of (-)C f i . 2007. • o Ac)&-_ -4V("L4-42), Catherine eatley, City Recorder ORDINANCE No. 07- 1 �1 Page 2 APPROVED:By Tigard City Council this day of OG 't.� , 2007. Gleg-1341*477' Approved as to form: Attorney Date ORDINANCE No. 07- (-7 Page 3 • Centerline Concepts, Inc_ EXHIBIT "A" February 27, 2006 Shady Peak That tract of land described in document no. 2003-174 .1'8, Washington County deed records, in the NE 1/4 of Section 9, T.2S., R.1 W., W.M., Washington County, Oregon, being more particularly described as follows: BEGINNING at the northwest corner of Lot 28, "Raven Ridge", Washington County Plat records; thence S00°05'57"E on the west line of said Lot 28, a distance of 52A5 to the most westerly southwest corner of said Lot 28; thence S89°58'23"W on the north line of that tract of land described in document no. 90-041679, Washington County deed records, a distance of 250.00 feet to the east line of that tract of land described in document no. 2005-008270, Washington County deed records; thence N00°05'57"W on said east line and the east line of that tract of land described in document no. 91-030146, Washington County deed records, a distance of 315.00 feet to the southwest corner of that tract of land described in deed book 803, page 479, recorded January 11, 1971, Washington County deed records; thence S89°58'l 1"E on the south line of said book 803, page 479 tract, a distance of 250.00 feet to the most westerly northwest corner of said "Raven Ridge"; thence S00°05'57"E on the west line of said "Raven Ridge" a distance of 262.53 feet to the POINT OF BEGINNING. • Said tract of land contains 78,748 square feet more of less. Subject to easements of record. ANNEXATION CERTIFIED BY Fe_ JUL 2 4 2007 Q:\DOCS\LGLDESC\ShadyI546-02LegalForAnnexWash2-27-2006.doe WASHINGTAN COUNTY A&T CARTOGRAPHY 700 Molalla Avenue Oregon City,Oregon 97045 503 650-01 Be, fax 503&50-0189 20 ' d 820Ib89coS 01 68I00S960S1d30N09 3NI1N3IN30 Nd Wd 6I :S 9002 2_2 H33 S 89'58'11" E 250.00' O O 1[') 07 N f W <\\,01N> IL) N O In O 0 Z 0 S.W. HOODVISTA LANE v NORTHWEST cv CORNER OF LOT 28 "RAVEN MCC 1 S N 89'58'23" W 250.00' N.E. 1/4 SEC. 9, T.2S., RAW., W.M. SIGNED ON: Z"07-0 REGISTERED WASHINGTON COUNTY, OREGON PROFESSIONAL FEBRUARY 27. 2006 LANK SURVEYOR DRAWN: MSG CHECKED: WGDIII SCALE r=50. ACCOUNT if 1546-02 k)c\,.c.,\J\ M:\PROJECTS\SHADYPEAK-02\SHADYP—EX OREGON JULY 15. 1967 WADE G. DONOVAN IRi 2276 Centerline Concepts Inc. VALID THROUGH DECEMBER 31, 2007 700 MOLALLA AVE. OREGON CITY. OREGON 97045 PHONE 503.650.0188 FAX 503.650.0189 • • --' 2S 1 09AB 2S 1 09AB .• ..,',..i.:;•,-.):4,,,,••••••,..;,:r::. • - / • 940 . . . .1 AITilNI::::',2.:':::::':'...;":•',!.:f M' . e 4 , • 173:0 173400:1 74300 11? 'sr I 7700 .t.,...„...;',,,,.',.•• - ' ' a11 . .14 1 t,:'',. .41...1:•':.-- 1,...,U, 5000 '76-4'. 4t.!'ge . . ,...:,... ..:: S" , ,,PI01:',(,, ,.::`•Y,1,1, 1';'1.t"...;::A.t,.:41.:. ' I 7.0104 t t SW,ST JAMES LN r;. _ :.'-',"° 1 . I :•:-.;; ;; r, .!:,i; ,.,;4.;;'-',.!'; ::• •;-•;;:;i! r'1 r'' aco '....4: '- 1 23-74 1 ‘1- 11 . 6,01,4 - Kw - ..1 .... ..,S , ' ::: 79002 7..1 ''''''''' . 1 2a-7E3 ' ,,,,00 ,1„... 1,ONO p 0 $ .i,'•.o.",..'...t..,..' ..... limo . ....,,. _ I..::-:',.*::::.: 71-10 ' 4° 8 30 07 1 • ..1„....'4.rf.;;,;:r:, 12 . ... . .., ;:-.) 1 ..o. L.,.-:.... ...:-.:,: ..6, - 1 . t ar: . I 3300 , 74t: :1 27 ; 27380 701r !21110 t I 23 -1 34 \ ''Wne:17.3.7,..17.17 1:.;r1" " r 7:'.:.:4:. ::''''.',..,4:-. 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' TN:Arm I , EXHIBIT C • TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: We, the undersigned owner(s) of the property described below and/or elector(s) residing at the referenced location(s), hereby petition for, and give consent to, Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with RS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO-Property Owner • RV-Registered Voter PAGE / OF OV-Property Owner& Registered Voter ItIMINOMINNOMMMI I AM A I PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township! Map Tax Lot Precinct DATE ,, Section I Number I Number Number �v 7� - ,sfJ • �4i� .S><�!� / �Z 73 ,S•AJ . ZSJI0 �1.�8 • 300 3�� o�o.� - SrtE. Si a ticFt ea&.,4(460?/-4-4-07c,/,414:v -acv z. Svc AO-I K- I •I I ,c t-t r-Nc • . I I I 1 IAI FP BY f11;;Fj--� J L24ii 7 G • • C p� 1 • • ..._J-_-•-- l i I L\curpinlmastarslrevisedlanxpetn.mst 15-Aug-02 DOUBLE MAJORITY WORKSHEET FOR ANNEXATION TO THE CITY OF TIGARD Please list all properties/registered voters included in the proposal. ( If needed, use separate sheets for additional listings.) **PROPERTIES** PROPERTY DESIGNATION (Tax Lot Numbers) NAME Of PROPERTY OWNER TOTAL ACRES ASSESSED VALUE Of THE PROPERTY SIGHED PETITION TB NO 2 s10 g. g T1 5-7 Cofre0A- '`/• ) S' /, quo •� v **REGISTERED VOTERS** ADDRESS OF REGISTERED VOTER NAME OF REGISTERED VOTER I SIGNED ED PETITION I YE/22,7?5'Gv . &i' /1,61 ii-17:A 4 .S/ ,! **SUMMARY**UMM RY .cum In\ asle 1 vl I re dt rs se an 1 A sht. t 5 u 0 xwk ms 2 rp 9 TOTAL NUMBER OF REGISTERED VOTERS IN THE PROPOSAL: NUMBER OF REGISTERED VOTERS WHO SIGNED PETITION: � . PERCENTAGE OF REGISTERED VOTERS WHO /p SIGNED PETITION: /Oa TOTAL ACREAGE IN THE PROPOSAL: j/ ACREAGE SIGNED FOR: fat, a PERCENTAGE OF ACREAGE.SIGNED FOR: /Q '42 TOTAL NUMBER OF SINGLE-FAMILY UNITS: / TOTAL NUMBER OF MULTI-FAMILY UNITS: 'i TOTAL NUMBER OF COMMERCIAL STRUCTURES: TOTAL NUMBER OF INDUSTRIAL STRUCTURES �' ��_ 0- EXHIBIT D _ _441"..8 % ( � CITY of TIGARD :J� ,liPir \, 4 .. • • .`�/� .. ... C, , GEOGRAPHIC INFORMATION SYSTEM ' ;., . VICINITY MAP air 401, *„. •o •(c. itt • AAb�sAll � YAM s� .• Nom' `"° ' ' HIGHLAND HILLS �'�• i� SUBDIVISION •4111113 i,',N40 \o" ANNEXATION , 417* . lk. lb G , Io a ___ 3 Go „....i. • \\ lifte �fiap4p rA E �� z '� �� F LEGEND: g SUBJECT ♦• ASF . 1 I 1 %,,ii � � � , �� / , JM• vT - . E�� IIII w� . ".E . SITE - BIM ,,,'/, •W ► 4ALPINE VIEV ----' MI 11" � )r 4111,:,- _ AI ' 111111 a S FE� �� „z�,ALP ► VI► VIEW _ si+.� , , — C .. -� 110 lio . _liiui . 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I / 7 4.693 111/DUAL PLAT 1[31[031 / W PENDING '' I ., I 3 e 4.6x // s/ I 9 4562 I BEET 11155 Zr^� 10 4676 I O / / PRELIMINARY t I N 9,921 i �' PUT_ I I I / 54.145 I V --- I II I I N 94EET NUMBER UJ D3 EXHIBIT F Agenda Item: Hearing Date: October 9,2007 Time: 7:30 PM STAFF REPORT TO THE ., CITY COUNCIL - FOR THE CITY OF TIGARD, OREGON T'GARD` 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: HIGHLAND HILLS SUBDIVISION ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2007-00003 APPLICANT/ APPLICANT'S OWNER: Shadypeak Development,LLC REP: Planning Resources,Inc. Attn: Tom Secolo/ Attn: Dan Jung Nate Schwalbach 7160 SW Fir Loop,Suite 201 2675 SW Thurman Street Portland,OR 97223 r Portland, OR 97210 PROPOSAL: Annexation of one parcel just north of SW Bull Mountain Road containing a total of 1.81 acres to the City of Tigard. The applicant has received land use approval from Washington County to develop theparcel into an 11-lot subdivision (Highland Hills Subdivision, case file #07-034-S); however, the available sewer, water and storm drainage connections are within the City of Tigard, requiring the property to be annexed into the City to receive services. Shady Peak Development, the sole owner of the subject parcel, has consented to the annexation. The owners of five neighboring properties were invited to join the annexation, but did not accept the invitation. LOCATION: 13273 SW Bull Mountain Road (north of SW Bull Mountain Road, just west of Raven Ridge subdivision);WCTM 2S109AB,Tax Lot 300. CURRENT ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5)units per acre,except as specified by Section 300-2,or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. The average lot area for single family detached dwellings within a proposed development shall be no less than 4,500 square feet and the minimum lot area shall be 4,000 square feet. The minimum lot area for single family attached units shall be 3,500 square feet. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. Note: In a subdivision,lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district. HIGHLAND HILLS ANNEXATION ZCA2007-00003 PAGE 1 OF 9 APPLICABLE REVIEW CRITERIA: ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive Plan Policies 2 and 10, Community Development Code Chapters 18.320 and 18.390. SECTION IL STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation (ZCA2007-00003) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive Plan Policies 2 and 10, Community Development Code Chapters 18.320 and 18.390. Therefore,staff recommends APPROVAL of ZCA2007-00003 by adoption of the attached ordinance. SECTION III. BACKGROUND INFORMATION The 1.81-acre subject property is north of SW Bull Mountain Road with access to it through a private shared driveway. The subject property abuts the northern boundary of Alpine View subdivision, east of SW 133`d Avenue. The property slopes down about 9% to 10% from west to east. There are no Significant Habitat Areas on the subject property per the City's adopted map. The existing house was built in 1963. An accessory structure also exists on the site. Shadypeak Development, LLC, purchased the property on April 25, 2006. Tom Secolo and Nate Schwalbach,representatives of the company,initiated the annexation request. There are no registered voters on the property. The City invited the owners of the five neighboring properties to join the annexation, but did not receive a response. The applicant requests approval of annexation of one parcel (1.81 acres) to the City of Tigard. Staff found all right-of-way associated with the subject property to already be within City limits. The private accessway adjacent to the subject property is already in the City. Therefore, no right-of-way is included in the total acreage. The owner received land use approval from Washington County on May 18, 2007 for an 11-lot subdivision (Highland Hills Subdivision, case file #07-034-S). However, the available sewer, water and storm drainage connections are within the City of Tigard, requiring the property to be annexed into the City to receive services. SECTION IV. APPLICABLE REVIEW CRITERIA. FINDINGS AND CONCLUSIONS State: ORS Chapter 222 Regional:Metro Code Chapter 3.09 City: Comprehensive Plan Policies 2 and 10,Community Development Code Chapters 18.320 and 18.390. A. CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 181 Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: 1. Chapter 18.320.020: Approval Process and Standards. B. Approval Criteria.The decision to approve,approve with modification,or deny an application to annex property to the City shall be based on the following criteria: HIGHLAND HILLS ANNEXATION ZCA2007-00003 PAGE 2 OF 9 1.All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; The City of Tigard Comprehensive Plan's Urbanization Chapter (Policy 10.1.1) defines services as water, sewer, drainage, streets,police, and fire protection. Each service is addressed below. Policy 10.1.1 further defines capacity as "adequate capacity, or such services to be made available," to serve the parcel "if developed to the most intense use allowed," and "will not significantly reduce the level of services available to developed and undeveloped land in the City of Tigard." Water — City of Tigard. Tigard Water District currently serves the subject property. Upon annexation, City of Tigard will be the provider. Rob Murchison, Project Engineer in the Public Works Department, submitted comments on behalf of the Department that it does not object to the proposed annexation. Murchison states that the developer may be required to upsize the existing 4-inch water line on the north size of the property to an 8-inch line per the City of Tigard Water Master Plan. Water is available in SW Wilmington Road and SW Hood Vista Lane. Sewer — Clean Water Services/City of Tigard. Upon annexation, the City of Tigard will be the Erovider of sewer service. According to pre-application notes by Kim McMillan (City of Tigard ngineering Department) dated April 6, 2006, the proposed territory would have access to an 8-inch sanitary sewer line in SW Wilmington Road and SW Hood Vista Lane. Prior to building, the development must connect to public sanitary sewer. It will be the developer's responsibility to extend the public sewer to serve the development and adjacent unserved properties. Drainage — Clean Water Services/City of Tigard. Upon annexation, the City of Tigard will be the provider of storm drainage. The proposed territory has access to a City storm line in SW Wilmington Road and SW Hood Vista Lane. Prior to building, the development wil be required to connect to the public drainage system. Streets — City of Tigard Capital Construction & Transportation Division. The subject property is located adjacent to and east of SW Alpine Crest Way, which is adjacent to Alpine View Subdivision, approved by the City on July 18, 2005. Raven Ridge subdivision to the east contains two City street connections (SW W lmington Lane and SW Hood Vista Lane) to which the development will connect. The County has required the developer to extend SW Wilmington Lane and SW Hood Vista Lane. Police — City of Tigard Police Department. The City of Tigard Police Department reviewed the proposal and has no objections to it. Fire —Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Valley Fire and Rescue's (TVF&R's) service area. TVF&R currently serves the subject property and will continue to serve it after it is annexed. Based upon this review, staff finds that all public services (as defined by the Comprehensive Plan) are available to the proposed annexation territory and all public services have sufficient capacity to provide service to the proposed annexation territory. 2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. Three Comprehensive Plan policies apply to the proposed annexation: 2.1.1, 10.1.1., and 10.1.2. Staff has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: Policy 2.1.1: Citizen Involvement. The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. The City maintains an ongoing citizen involvement program. To assure citizens will berovided an opportunity to be involved in all phases of the planningprocess, the City provides notice for Type IV land-use applications. The City posted, mailed and published notice of the public hearing as follows. The City posted the hearing notice at four public places on August 24, 2007: Tigard library, Tigard City Hall, HIGHLAND HILLS ANNEXATION ZCA2007-00003 PAGE 3 OF 9 Tigard Permit Center, and in the vicinityof the proposed territory off SW Bull Mountain Road. The City published notice of'the hearing in The igard Tualatin Sherwood Times for two successive weeks (September 20, 2007 and September 27,2007) prior to the October 9,2007, public hearing. The City also mailed notice to all interested parties and surrounding property owners within 500 feet on September 17, 2007). In addition, the City maintains a list of interested parties organized by geography. Notice was mailed to interested parties in the West area on September 17, 2007, including former members of Citizen Involvement Team West. Staff fords that this policy is met. Policy 10.1.1: Urbanization. Prior to the annexation of land to the City of Tigard, a) the City shall review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard: 1.Water; 2. Sewer;3. Drainage;4. Streets; 5. Police; and 6. Fire Protection. As addressed under 18.320.020 above, adequate service is available to the proposed annexation territory. Upon annexation, the subject property will be zoned R-7, a Medium-Density Residential zone, with a minimum lot size of 5,000 square feet. The proposed territory has an estimated maximum density of 12 residential units and estimated minimum density of 10 units'. There will be 11 units based on the County- approved design. The development will be required to connect to public service facilities, such as sewer, storm drainage and water, and provide the necessary street improvements. Based on findings by the applicant and City staff, there is adequate capacity to serve the annexation area (water, sewer, drainage, streets, police, fire protection) if developed to 11 residential units. The proposed annexation will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. Staff concludes that there is adequate capacity to serve the proposed territory (water. sewer. drainage. streets, police. fire protection) if developed to the density permitted. and the proposed annexation will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. b) If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following: 1. The formation of a local improvement district (L.I.D.) for any of the following services that could be provided through such a district. The extension or improvement of the following: a) Water, b) Sewer, c) Drainage, and d) Streets. 2. The formation of a special district for any of the above services or the inclusion of the property into a special service district for any of the above services. This criterion does not apply. No capital improvements program requires a nonremonstrance agreement for this area. Some urban services are already available for the proposed annexation territory; others are available nearby and would require connections from the proposed annexation area. However, these public facility requirements have been assigned as part of the recent development review by the County. c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within the Urban Growth Boundary upon annexation. The proposed territory is within the Tigard Urban Planning Area and within the City's Urban Growth Boundary. Upon annexation, urban services will be provided as outlined in the Washington County- Tigard Urban Planning Area Agreement,Tigard Urban Services Agreement and current City policies. Staff finds that this policy is met. Policy 10.1.2: Urbanization. Approval of proposed annexations of land by the City shall be based on findings with respect to the following: a) The annexation eliminates an existing "pocket" or "island" of unincorporated territory; or, b) The annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the City; c)The Police Department has commented upon the annexation; d) the land is located within the Tgard Area of Interest and is contiguous to the City boundary; e) The annexation can be accommodated by the services listed in 10.1.1(a). 1 Using formula for density calculation in Chapter 18.715 of the Development Code. HIGHLAND HILLS ANNEXATION ZCA2007-00003 PAGE 4 OF 9 a) The proposed annexation territory is part of an island of unincorporated territory. Therefore, the proposed annexation would help reduce an island of unincorporated territory. b) The proposed annexation will not create an irregular boundary that will make it difficult for the police to locate a parcel in an emergency situation. By reducing the island of unincorporated territory,the City's boundary will become more regular. c) The City of Tigard Police Department has commented and has no objections to the proposed annexation. d) The UPAA (2006)includes the proposed annexation territory within Tigard's Area of Interest. The Sroposed annexation territory is contiguous to the City on three sides,where it abuts Alpine View ubdivision to the west and south and Raven Ridge subdivision to the east. e) Lastly, as section 10.1.1.(a) demonstrated, the annexation can be accommodated by the following services:water, sewer, drainage; streets;police;and fire protection. Items a through e have been met. Therefore. staff finds that the proposed annexation meets Policy 10.1.2.. Policy 10.1.3: Urbanization. Upon annexation of land into the Citywhich carries a Washington County zoning designation, the City of Tigard shall assign the ity of Tigard zoning district designation which most closely conforms to the county zomng designation. Section 18.320.020.0 of the Community Development Code provides specifics on this conversion. See Table 18.320.1. TABLE 320.1 CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGNATIONS Washington County Land Use City of Tigard Zoning City of Tigard Districts/Plan Designation Plan Designation• R-5 Res.5 units.acre I R-4.5 SFR 7,500 sq.ft. Low density 1-5 units/acre R-6 Res.6 units'acre R-7 SFR 5,000 sq.ft. Med.density 6-12 unrtsiacre R-9 Res.9 units:acre R-12 Multi-family 12 unitsuacre Med.density 6-12 units'acre R-12 Res. 12 initsiacre R-12 Multi-family 12 uuits'acre Med.density 6-12 units-acre R-15 Res. 15 units/acre R-25 Multi-family 25 units•'acre Medium-High density 13-2 units/acre R-24 Res.24 units/acres R-'5 Multi-family 25 units-acre Medium-High density 13-25 unitslacre Office Commercial C-P Commercial Professional CP Conunercial Professional NC Neighborhood Commercial CN Neighborhood Commercial CN Neighborhood Commercial . CBD Commercial Business CBD Commercial Business CBD Commercial Business District District District GC General Commercial I CG General Commercial I CG General Commercial IND Industrial I I-L Light Industrial II Light Industrial■ The subject property is zoned R-6 by Washington County. Table 320.1 summarizes the conversion of the County's plan and zoning designations. R-6 County zoning converts to the City's R-7 zoning. As this is a Zone Change Annexation (ZCA) application, upon approval and execution of the proposed annexation, the proposed territory will automatically convert to R-7 zoning. In addition, the City's Comprehensive Plan designation for medium-density residential will be applied to this area. HIGHLAND HILLS ANNEXATION ZCA2007-00003 PAGE 5 OF 9 • Chapter 18.320.020 C. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the City's zoning district which most closely implements the City's or County's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation. In the case of land which carries County designations, the City shall convert the County's comprehensive plan map and zoning designations to the City designations which are the most similar. A zone change is required if the applicant requests a comprehensive plan map and/or zoning map designation other than the existing designations. (See Chapter 18.380). A request for a zone change can be processed concurrently with an annexation application or after the annexation has been approved. As the previous section demonstrated, the City of Tigard R-7 zoning district is the most similar to Washington County's R-6 zoning district. The subject property is currently R-6 and will automatically become R-7 upon annexation. This zone conversion will occur concurrently with the annexation process. There have been no requests for zoning other than R-7. City of Tigard Community Development Code 2. Chapter 18.390.060: Tyne IV Procedure Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the Community Development Code (Title 18) using standards of approval contained in 18.390.020.B, which were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an annexation. It also requires the City to provide notice at least 10 days prior to the hearing by mail and to publish newspaper notice; the City mailed notice on September 17, 2007, and published public notice in The Tigard Tualatin Shenvood Times for two successive weeks (September 20, 2007 & September 27, 2007) prior to the October 9, 2007,public hearing. Additionally, Chapter 18.390.060 sets forth five decision-making considerations for a Type IV decision: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; The City's Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission to be in compliance with state planning goals. As reviewed above, the annexation proposal meets the existing Comprehensive Plan policies and therefore is in compliance with state planning goals. 2. Any federal or state statutes or regulations found applicable; ORS 222: State law (ORS 222.120(4)(b), ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous territory when owners of land in the proposed annexation territory submit a petition to the legislative body of the city. ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and provide public notice to be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period. The sole owner of land within the proposed territory has signed a petition for annexation to the City. The proposed annexation territory is contiguous to the City's boundary on three sides. The City published public notice in The Tigard Tualatin Shenvood Times for two successive weeks (September 20, 2007 &September 27,2007) prior to the October 9,2007,public hearing and posted the hearing notice at four public places on August 24, 2007: Tigard Library, Tigard City Hall, Tigard Permit Center, and in the vicinity of the proposed territory off SW Bull Mountain Road. Staff finds that the provisions of ORS 222 have been met. HIGHLAND HILLS ANNEXATION ZCA2007-00003 PAGE 6 OF 9 3.Any applicable METRO regulations; Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be addressed in annexation decisions,in addition to local and state review standards. Note that this report is available 15 days before the hearing (September 24, 2007 for an October 9, 2007, hearing). Staff has determined that the applicable ME I RO regulations (Metro Code 3.09.040(b) &(d)) have been met based on the following findings: Metro 3.09.040 (b) (b) Not later than 15 days prior to the date set for a change decision, the approving entity shall make available to the public a report that addresses the criteria in subsections (d) and (g) below, and that includes at a minimum the following: (1) The extent to which urban services presently are available to serve the affected territory including any extra territorial extensions of service; As addressed previously in this report,urban services are available to the affected territory. (2) A description of how the proposed boundary change complies with any urban service provider agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary parties; As addressed previously in this report, the annexation proposal complies with all applicable provisions of urban service provider agreements, UPAA (2006);and TUSA (2006). (3) A description of how the proposed boundary change is consistent with the comprehensive land use plans, public facility plans, regional framework and functional plans, regional urban growth goals and objectives, urban planning agreements and similar agreements of the affected entity and of all necessary parties; As addressed previously in this report, the annexation proposal complies with all applicable policies of the City of Tigard Comprehensive Plan and urban service provider agreements (UPAA (2006) and TUSA (2006). The proposed annexation territory is within the Urban Growth Boundary and subject to the Regional Framework Plan and Urban Growth Management Functional Plan provisions. There are no specific applicable standards or criteria for boundary changes in the Regional Framework Plan or the Urban Growth Management Functional Plan. However, the City's Comprehensive Plan and Development Code have been amended to comply with Metro functional plan requirements. By complying with the Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. (4) Whether the proposed boundary change will result in the withdrawal pf the affected territory from the legal boundary of any necessary party; and The proposed territory will remain within Washington County but will be required t'o be withdrawn from the Washington County Enhanced Sheriffs Patrol District,Washington County Urban Roads Maintenance District and the Tigard Water District upon completion of the annexation. (5) The proposed effective date of the decision. The public hearing will take place October 9, 2007. If the Council adopts findings to approve ZCA2007- 00003, the effective date of the annexation will be 30 days later on November 8, 2007. Metro Code 3.09.040 kb (d) An approving entity's final decision on a boundary change shall include findings and conclusions addressing the following criteria: 1. Consistency with directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; HIGHLAND HITT S ANNEXATION ZCA2007-00003 PAGE 7 OF 9 As addressed previously in this application, theroposed annexation complies with all applicable provisions of urban service provider agreements (UPAA (2006) and the TUSA (2006)). The proposed annexation is in the Area of Interest and Urban Service Area,which are subject to the UPAA and TUSA. The agreements state that the County and City will be supportive of annexations to the City. Therefore. the proposed annexation is consistent with these agreements. 2. Consistency with directly applicable provisions of urban planning or other agreements, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party; The UPAA (2006) includes the proposed annexation territory. The City has followed all processing and notice requirements in the UPAA, providing Washington County with 45-day notice prior to the public hearing. The agreement states that "so that all properties within the Tigard Urban Service Area will be served by the City, the County and City will be supportive of annexations to the City." The annexation proposal is consistent with this agreement. As previously stated in this report, this proposal meets all applicable City of Tigard Comprehensive Plan provisions. This criterion is satisfied. 4. Consistency with specific directly applicable standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plan; This criterion w4s addressed under Metro Code 3.09.040(6). By complying with the City of Tigard Community Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. 5. Whether the proposed change will promote or not interfere with the timely, orderly and economic provisions of public facilities and services; The proposed annexation will not interfere with the provision of public facilities or services because it is consistent with the terms of the TUSA (2006),which ensures the timely, orderly, and efficient extension of public facilities and urban services; it is contiguous to existing city limits and services; and lastly, urban services are available to the proposed annexation territory and have not been found to significantly reduce existing service levels. 6. The territory lies within the Urban Growth Boundary; and The proposed territory is within Metro's Urban Growth Boundary. 7. Consistency with other applicable criteria for the boundary change in question under state and local law. In previous sections, this report reviewed the proposal's consistency with other dpplieable criteria and found it to be consistent. (Tigard CDC 18.390.060) 4.Any applicable comprehensive plan policies; and As demonstrated in previous sections of this report, the proposed annexation is consistent with, and meets, all applicable comprehensive plan policies. 5.Any applicable provisions of the City's implementing ordinances. There are no specific implementingordinances that apply to this proposed annexation. The Development Code (Chapter 18 of the City Code)will apply to the proposed territory if or when it develbps. HIGHLAND HILLS S ANNEXATION ZCA2007-00003 PAGE 8 OF 9 SECTION VII. OTHER STAFF COMMENTS The City of Tigard Public Works Department reviewed the proposal and has no objections. The City of Tigard Police Department has reviewed the proposal and has no objections. The City of Tigard Engineering Department was provided the opportunity to comment on the annexation, but did not comment. However, the Department made comments during the pre-application and County review phases, indicating that the subject property was required to annex into the City to receive City services. SECTION VIII. AGENCY COMMENTS Tualatin Valley Fire and Rescue, which currently serves the proposed territory, has been given the opportunity to comment,but did not comment. The Beaverton School District has reviewed the proposal and notes that the subject property is not within the Beaverton School District (BSD). BSD does not expect the annexation would impact its facilities and, therefore,has no objections. SECTION IX. PUBLIC COMMENTS F The City mailed notice surrounding property owners within 500 feet and all interested parties on September 17, 2007. As of the date of this report, staff has not received any written comments. 41: 9/24/2007 roily Eng DATE Assistant Planner 41111 -111F • "W 9/24/2007 REVIEWED BY: 'chard Bewe -se f DATE Planning Ma ager HIGHLAND HILLS ANNEXATION ZCA2007-00003 PAGE 9 OF 9