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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.