City Council Packet - 04/28/1981 i
I T1
April 27, 19$1 WASHINGTON COUNTY,OREGON
8:30 A.M.
SPECIAL MEETING NOTICE OF THE TIGARD CITY COUNCIL
A special meeting of the Tigard City Council will be called by the Mayor
for April 289 1981 at 3:30 P.M. to be held at Tigard City Hall, 12420 SW
Main Street, Tigard, Oregon in the City Administrators office for the
purpose of discussing the selection of a new city attorney.
S/ Wilbur Eish?p
Mayor of Tigard., Oregon
12420 S.W. MAIN F.O. BOX 23397 TIGARD, OREGON 97223 PH:639-4171
C
T I G A R D C I T Y C 0 U N C I L
SPECIAL MINUTES, APRIL 28 , 1-981 , 3 : 30 P .M.
1 . ROLL CALL: Present : Mayor Wilbur Bishop; Councilman Kenneth
Scheckla ; Legal Counsel , Joe Bailey , City Administrator
Raeldon R. Barker ; Director of: Public Works , Frank
Currie ; City Recorder/Finance Director, Doris Hartig ;
Research & Development Aide , Linda Sargent ; Administra-
tive Secretary, Loreen Wilson.
2 . Mayor Bishop stated the purpose of the special called meeting was
to discuss the selection of a new city attorney and interview Mr .
Ed Sullivan of O'Donnell , Rhoads , Gerber, Sullivan & Ramis law
firm in Portland. Since a Council quorum was not present for the
meeting, Mayor Bishop requested a record be made of the discussion
period that followed even though no action could be taken officially .
3 . Lengthy discussion followed between Council members , City staff and
Mr . Ed Sullivan. Also present from the law firm was Mr . Mark
O' Donnell .
City Administrator discussed average time needed in the past for
legal services . The average for the months of December , 1980 and
January and February of 1981 was 41 hours , broken down as follows :
12 hours in ordinance preparation
12 hours at Council meetings
15 hours assisting staff (mostly phone conferences)
2 hours assisting Council .
Legal Counsel requested time be adjusted to show a need for Municipal
Court assistance which would average about 4-5 hours per month .
Legal Counsel and staff discussed problems experienced in the Local
Improvement District (LID) process and expressed desire that a
policy could be set so that the procedure followed would always be
CULIS.Ls tent .
Mr. Sullivan expressed concern that he and his firm be aware of who
they should deal with on a staff level and stated he would be the
one to give City Council advice . He hoped the lines of communica-
tion would work effectively.
Current litigation was discussed with Mr. Sullivan and Mr . O'Donnell .
Mayor Bishop questioned what Mr. Sullivan ' s approach would be to the
LCDC Comprehensive Plan Review process . Mr. Sullivan stressed that
the process is lengthy and it would seem for the City of Tigard ,
that Goal #10 , is the big issue . He expressed his opinion that this
could be addressed, however, he wished to study the issue further
before making any specific comments .
Mark O'Donnell and Ed Sullivan discussed the strengths of each
member of the firm that would be assisting the City.
Discussion was heard regarding the date of Council packets being
prepared and the suggestion was made that this might better be
accomplished on Friday to give staff and Legal Counsel more time
to prepare information to be included in the packets .
Cable TV, 72nd Avenue LID process , the possibility of a full time
"in house" City Attorney and legal fees were also discussed .
It was noted that Legal Counsel is currently being paid $45/hour
and Mr. Sullivan 's firm would be charging $65/hour for the part-
ner ' s time and $50/hour for other legal staff of the firm. A
budget revision for 1981-82 will be necessary
Mr. Sullivan stated that Mr. Ken Elliott could be the representative
for the Municipal Court .
4. Mayor Bishop suggested this item appear on the May
agenda for considerat; c-�-, . Y 4,
He asked Mr. Sullivan and O ''DonDon Councilnell if
they would agree t a let' ""- of committment between the Council
"
and their firm noti71 th< the term of hire is solely at the
pleasure of the City rlcil". They advised the Mayor
be acceptable to the firm. this would
5 . ADJOURNMENT 5 : 10 P.M.
City cor er
ATTEST:
Mayor
�LyF:
y ;. PAGE 2 - SPECIAL COUNCIL MINUTES, April 28, 19$1
w_ '
April 22, 1981
i4eulo. To Tigard City Council members, City Administrator and City Attorney
From: Mayor Wilbur Bishop
Re: New City Attorney Selection
As of this date, the City has received four applications of interest in the position -
of City Attorney, the office Joe Bailey now holds but has informed us he wishes to
leave on June 30.
It is my recommendation that we make a selection as soon as possible. The City is
faced with several very serious problems of immediate importance. These include the
legal land use planning preparations we must make to properly plead our community's
case for its Comprehensive Plan scheduled to go before the LCDC Commission in the
very near future;%and to work and advise the Council in its current administrative
level needs ��
The four attorneys who have indicated their intetest are:
Beth Blount, Forest Grove
Richard A. Cantlin, Jr. , Portland - Miller, Nash, Yerke, Wiener & Hager
William P. Stockton, Hillsboro - Schwenn, Bradley, Batchelor & Brisbee
Edward J. Sullivan, Portland - O'Donnell, Rhoads, Gerber, Sullivan & Ramis
I believe our City Attorney should have an excellent legal background and record in
government -- city, county and state. Our attorney should have a solid background
of success and experience in the planning and land use field. He or she should have
the ability to work with the City Council and City Staff with even-handed ability and
to be a strong advisor to the Council at all times, on all municipal issues.
I consider all the applicants we have received to be of high quality. One especially,
however, I believe has all the experience and qualifications I have mentioned.
Therefor I recommend that the Council consider appointing Edward J. Sullivan as our
new City Attorney after meeting with him at a Special Meeting of the Council next
Tuesday afternoon at 3:30 F.M. at City Hall-
I would recommend that the appointment be effective May 1, 1981 and that our attorney
Joe Bailey continue to handle those legal matters of the City he has underway or in
the process, and that he and Ed Sullivan meet and work out all the arrangments for the
transitional period of the City's legal affairs.
Ed Sullivan's governmental legal experience began in Washington County in 1969 where
he served as county legal counsel for five years. In 1975, Governor Robert Straub
appointed Sullivan as his legal counsel for the State of Oregon where he served for two
years and was involved in much of LCDC's development during those years. In 1977-78
he obtained his Masters Degree at London University in England. Since 1978 Ile has been-
with his present firm and serves as Facilities Review Hearing Officer for the City
of. Beaverton; is special counsel for the City of Oregon City in land use matters; is
special COTIS'UltanL for Douglas County land use and has done consultant work for Lane
County and the City of Woodburn.