City Council Packet - 09/22/1992CITY OF TIGARD
OREGON
PUBLIC NOTICE. Anyone wishing to speak on an
agenda item should sign on the appropriate sign-up
sheet(s). If no sheet is available, ask to be
recognized by the Mayor at the beginning of that
agenda item. Visitor's Agenda items are asked to be
two minutes or less. Longer matters can be set for
a future Agenda by contacting either the Mayor or
the City Administrator.
Times noted are estimated; it is recommended that persons interested in testifying be present by
7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any
order after 7:30 m
5:30 p.m.
• STUDY SESSION
Board and Committee Structure Discussion
- Annexatiori Policy Discussion
7:30 p.m.
1. BUSINESS MEETING (7:30 P.M.)
1.1 Call to Order - City Council & Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Call to Council and Staff for Non-Agenda Items
7:35 p.m.
2. PROCLAMATION - RECYCLING AWARENESS WEEK (OCTOBER 3-10,1992)
• Mayor Edwards
7:40 p.m.
3. VISITOR'S AGENDA (Two Minutes or Less, Please)
Q
COUNCIL AGENDA - SEPTE14BER 22, 1992 - PAGE 1
7:50 p.m.
C 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one
motion without separate discussion. Anyone may request that an item be removed by motion
for discussion and separate action. Motion to:
4.1 Budget Appropriations:
a. Police Car Replacement
b. Main Street Storm Drain
4.2 Local Contract Review Board Bid Awards:
a. Main Street Reconstruction
b. Burnham Street and Parking Lot Improvements
C. Bonita Road and Hall Boulevard Traffic Signal
4.3 Approve Collective Bargaining Agreement - Oregon Public Employees Union (OPEU) -
Resolution No. 92--~i
8:00 p.m.
5. ZONE CHANGE ANNEXATIONS ZCA 92-0005 BRUNEAU A request to annex one parcel
consisting of 2.51 acres into the City of Tigard and to change the zone from Washington County
R-6 (Residential, 6 units/acre) to City of Tigard R-7 (Residential, 7 units/acre). LOCATION:
13800 SW Fern Street (WCTM 2S1 413D, tax lot 1800) ZONE: R-7 (Residential, 7 units/acre)
The R-7 zone allows single family attached/detached residential units, public support facilities,
residential treatment homes, farming, manufactured homes, family day care, home occupations,
temporary uses, and accessory structures among other uses.
• Open Public Hearing
• Declarations or Challenges
• Staff Report - Community Development Department
• Public Testimony:
NPO
Proponents (Speaking for Annexation)
Opponents (Speaking Against Annexation)
• Staff: Response to Testimony and Recommendation to Council
• Council Questions or Comments
• Close Public Hearing
• Consideration by Council: Resolution No. 92--qL; Ordinance No. 92-2L
COUNCIL AGENDA - SEPTEMBER 22, 1992 - PAGE 2
8:20 p.m.
6. ZONE CHANGE ANNEXATION ZCA 92-0002 ANDERSON (NPO 3) A request to annex four
parcels totalling approximately 7.7 acres to the City of Tigard and to change the zoning to City
of Tigard zoning districts. The applicant requests that the western approximately 1.8 acres (tax
lot 1600 and a portion of tax lot 2100) be changed from Washington County's R-6 (Residential,
6 units/acre) zone to the City's R-4.5 (Residential, 4.5 units/acre) zoning district. The 5.9 acre
eastern portion of the site is requested to be changed from the County's R-6 zone to the City's
R-25 (Residential, 25 units per acre) zone. The subject area is already within the City's planning
area. The City Council recently approved a Comprehensive Plan Map Amendment to Medium-
High Density Residential for the area that is requested to be rezoned R-25. LOCATION: South
side of Bull Mountain Road, between 500 and 1100 feet west of Pacific Highway.
• Open Public Hearing
• Declarations or Challenges
• Staff Report - Community Development Department
• Public Testimony:
NPO
Proponents (Speaking for Annexation)
Opponents (Speaking Against Annexation)
• Staff: Response to Testimony and Recommendation to Council
• Council Questions or Comments
• Close Public Hearing
• Consideration by Council: Resolution No. 92-5L; Ordinance No. 92- ?Jo
8:45 p.m.
7. COUNCIL CONSIDERATION - PARKING RESTRICTIONS ON A PORTION OF SW 87TH
AVENUE
a. Staff Report - Engineering (Continued from 9/8/92)
b. Council Consideration - Ordinance No. 92-2_-]
9:10 p.m.
8. NON-AGENDA ITEMS
9:20 p.m. ,
9. ADMINISTRATIVE REVIEW/UPDATE
• City Administrator
9:30 P.M.
10. EXECUTIVE SESSION: The Tigard Cky Council
provisions of ORS 192.660 (1) (d), (e), & (h)
transactions, current and pending litigation issues.
9:40 p.m.
11. ADJOURNMENT
H:\RECORDER\CCA\CCA0922.92
will go into Executive Session under the
to discuss labor relations, real property
COUNCIL AGENDA - SEPTEMBER 22, 1992 - PAGE 3
Council Agenda Item
TIGARD CITY COUNCIL
MEETING MINUTES - SEPTEMBER 22, 1992
Meeting was called to order at 5:35 p.m. by Mayor Edwards..
1. ROLL CALL
Council Present: Mayor Jerry Edwards; Councilors Judy Fessler, Valerie Johnson,
Joe Kasten, and John Schwartz (arrived at 5:50 p.m.). Staff Present: Patrick
Reilly, City Administrator; Ed Murphy, Community Development Director; Liz
Newton, Community Relations Coordinator; Jim Coleman, Legal Counsel; Jo
Hayes, Executive Secretary; and Randy Wooley, City Engineer.
STUDY SESSION
Annexation Policy: City Administrator briefly outlined the issues as discussed at Council
retreat earlier this year. Community Development Director defined terminology relating
to the annexations. He also summarized the proposed pro-active annexation policy,
recommending that Council establish the Walnut Island, Fern and 135th, and the SE Bull
Mountain areas as the top priorities for any annexation efforts. Staff resources should be
allocated to initiate ongoing dialogue with the residents and property owners within those
areas. The Council should annex all or part of the Walnut island when a majority of the
registered voters and land owners within the island consent to being annexed.
Council noted the Annexation Policy should encompass Washington County's position
on urban service delivery which is included in the County 2000 document. State
Legislature views regarding annexation and consolidation as a result of Measure 5 were
discussed.
Community Development Director discussed:
The City Council desire to have people come into the City voluntarily, and
to come into the City with the intention of being a positive, contributing
member of the full community.
The general approach the City Council favors towards annexation is one of
mutual consent between a majority of the City Council and a majority of the
residents within the area proposed to be annexed.
CITY COUNCIL MEETING MINUTES - SEPTEMBER 22, 1992 - PAGE 1
• The City Council position to extend urban services to newly annexed areas
in a way that is responsive to the needs of that area, yet without diminishing
the level of service to the rest of the City that is already incorporated.
Question arose as to what happens when the City does not have mutual consent from
citizens? Council agreed the City needs to be prepared to answer questions from the
community, including roads, sewers, tree preservation, etc. Possibly a questionnaire
could be generated, as well as meetings held at City Hall.
Discussion followed regarding financial impacts of annexation on the City and individual
property owner, including tax base, surface water management fees, police service, street
maintenance, street lighting, and street sweeping.
Council's past practices and policies were reviewed. Reference was made to the
October 7, 1988 letter from Mayor Tom Brian to the Walnut Area Residents stating,
.....the Tigard City Council does not intend to unilaterally annex the Walnut Island." This
letter is a main concern to Council, and needs to be discussed further.
Consensus of Council was that we have a good beginning, but more work is needed.
Council will discuss the issue at the October 27, 1992 5:30 p.m. Study Session.
Agenda Review:
Council reviewed the following agenda items:
Consent Agenda:
Item 4.1(a) - Police Car Replacement. Finance Director explained reimbursement
from the insurance company.
Item 4.2(a) - Main Street Construction. City Engineer answered questions
regarding decision to reconstruct only this portion of Main Street. This item will be
pulled from Consent Agenda and discussed by Council during the Business
Meeting.
Item 7 - Parking Restrictions on a Portion of SW 87th Avenue - will be discussed
further during Business Meeting.
Item 8 - Non-Agenda Item - Resolution fixing date, time and place for a Public
Hearing on the question of withdrawal from Tigard Water District and authorizing
City Administrator to expend City funds to cause a study of the impact of such a
withdrawal. City Administrator discussed the advantages to proceed with the study
by an engineering firm, as well as setting a date for the Public Hearing now.
Question arose as to the reason for setting a Public Hearing before results of
CITY COUNCIL MEETING MINUTES - SEPTEMBER 22, 1992 - PAGE 2
0
engineering study were received. Discussion followed, and Resolution will be
brought up as Item 8, Non-Agenda Item during Business Meeting.
Tigard Chamber of Commerce Leadership Seminar: Three applications received; two
applicants live outside the City and one lives in the City of Tigard. Council supported Sue
Carver as recipient of scholarship.
Council appointed Valerie Johnson to represent City of Tigard at FOCUS on October 12,
1992.
City Administrator left at conclusion of Study Session due to a family emergency.
Recess: 7:20 p.m.
Reconvene: 7:35 p.m.
BUSINESS MEETING
VIA
• Mayor Edwards called the business meeting to order, noting that City Administrator
Reilly was absent due to a family emergency.
2. Mayor Edwards read a Proclamation, proclaiming October 3 to 10, 1992 as the
seventh annual Recycling Awareness Week.
3. VISITOR'S AGENDA: No visitors.
4. CONSENT AGENDA:
Motion by Councilor Schwartz, seconded by Councilor Fessler to remove Council
Agenda Item 4.2(a) from the Consent Agenda.
Motion was approved by a unanimous vote of Council present.
Motion by Councilor Kasten, seconded by Councilor Schwartz to approve the
Consent Agenda as presented, with the exception of Item 4.2(a):
4.1 Budget Appropriations:
a. Police Car Replacement - Resolution 92-46
b. Main Street Storm Drain - Resolution 92-47
4.2 Local Contract Review Board Bid Awards:
b. Burnham Street and Parking Lot Improvements
C. Bonita Road and Hall Boulevard Traffic Signal
CITY COUNCIL MEETING MINUTES - SEPTEMBER 22, 1992 - PAGE 3
4.3 Approve Collective Bargaining Agreement - Oregon Public Employees Union
19 (OPEU) - Resolution No. 92-48
Council discussed Council Agenda Item 4.2(a)
- MainStreet Reconstruction. Council
voted unanimously to reject all bids on the Main Street Reconstruction, and ask
ask Transportation Advisory Committee for another suggested project. staff to
5. PHRI In- LASA
a. Public hearing was opened. .
b. There were no declarations or challeng
d• es.
C. Community Davelop;rant Dire nor suMmarized staff report.
Mr. Steve Bruneau, owner of the Property,
reasons for applying for the annexationspoke to Council, giving them his
e. Community Development Director answered questions from Co
Discussion by Council followed re ardin unng
islands and going on record with h the intenttto annex ~the island gAs creating
not been the practice, Council noted concerns that the prope this has
inside the island were not notified. rtY Hers
f. Public hearing was closed.
Motion was made by Councilor Schwartz and seconded by Councilor Fessler to
approve Resolution 92-49, with the following amendment to Section 3:
Section 3: The City Council hereby declares its intent to annex the island in the
future.
9• RESOLUTION 92-49 A RESOLUTION INITIATING ANNEXATION TO THE
CITY OF TIGARD OF THE TERRITORY AS OUTLINED IN EXHIBIT "A" AND
DESCRIBED IN EXHIBIT "B" ATTACHED ZCA 92-05 - BRUNEAU
Motion was passed by a majority vote of Council present, with Councilor Johnson
and Councilor Kasten voting no.
Motion was made by Councilor Schwartz and seconded by Councilor Fessler to
approve Ordinance 92-25.
h. ORDINANCE 92-25 AN ORDINANCE ADOPTING FINDINGS AND
CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 92-05) (BRUNEAU)
AND DECLARING AN EFFECTIVE DATE. ,
Motion was passed by a majority vote of Council present, with Councilor J
and Councilor Kasten voting no. ohnson
CITY COUNCIL MEETING MINUTES - SEPTEMBER 22, 1992 - PAGE 4
6. PUBLIC HEARING- ZONE CHANGE ANNEXATION ZCA 92-0002 ANDERSON
a. Public hearing was opened.
b. There were no declarations or challenges.
C. Community Development Director summarized the staff report.
d. Mr. Roger Anderson, son of the property owner, commented that he and
his mother were present to answer questions.
e. Community Development Director answered questions from Council.
f. Public hearing was closed.
Motion by Councilor Kasten, seconded by Councilor Schwartz to approve
Resolution 92-50.
g. RESOLUTION 92-50 A RESOLUTION INITIATING ANNEXATION TO THE
CITY OF TIGARD OF THE TERRITORY AS OUTLINED IN EXHIBIT "A" AND
DESCRIBED IN EXHIBIT "B" ATTACHED ZCA 92-02 ANDERSON
Motion was passed by a unanimous vote of Council present.
Motion by Councilor Kasten, seconded by Councilor Schwartz, to approve
Ordinance 92-26.
h. ORDINANCE 92-26 AN ORDINANCE ADOPTING FINDINGS AND
CONCLUSIONS TO APPROVE A ZONE CHANGE ZCA 92-02 ANDERSON
AND DECLARING AN EFFECTIVE DATE.
Motion was passed by a unanimous vote of Council present.
7. COUNCIL CONSIDERATION - PARKING RESTRICTIONS ON A PORTION OF
SW 87TH AVENUE (continued from September 8, 1992)
City Engineer gave staff report on the issue. Council discussed memo from Police
Goodpaster regarding the parking restriction. David Emami, owner of the Joy
Theater, answered Council's questions on the issue. City Engineer responded to
questions from Council regarding enforcement of the time limits.
Motion by Councilor Schwartz, seconded by Councilor Kasten to approve
Ordinance 92-27.
ORDINANCE 92-27 AN ORDINANCE AMENDING TMC 10.28 REGARDING
PARKING RESTRICTIONS ON SW 87TH AVENUE BETWEEN PACIFIC HIGHWAY
AND CENTER STREET.
CITY COUNCIL MEETING MINUTES - SEPTEMBER 22, 1992 - PAGE 5
C.-
Motion was passed by a unanimous vote of Council present.
8. NON-AGENDA ITEM: A resolution fixing date, time and place for setting a public
hearing on the question of withdrawal from Tigard Water District, and authorizing
City Administrator to expend City funds to cause a study of the impact of such a
withdrawal.
Motion by Councilor Kasten and seconded by Councilor Schwartz to approve
Resolution 92-51.
RESOLUTION 92-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TIGARD, OREGON, FIXING THE DATE, TIME AND PLACE FOR A PUBLIC
HEARING ON THE QUESTION OF WITHDRAWAL FROM TIGARD WATER
DISTRICT AND AUTHORIZING THE CITY ADMINISTRATOR TO EXPEND CITY
FUNDS TO CAUSE A STUDY OF THE IMPACT OF SUCH A WITHDRAWAL.
Motion was passed by a majority vote of Council present, with Councilor Johnson
voting no.
+ 9. ADMINISTRATIVE REVIEW: None
10. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at
8:40 p.m. under the provisions of ORS 192.660 (a) (d), (e), & (h) to discuss labor
relations, real property transactions, current and pending litigation issues.
Executive Session Adjourned: 9:05 p.m.
STUDY SESSION (continued)
Discussion took place regarding City Council taking a stand on city-related ballot
measures. Council informally took a stand as follows:
Measure 26-1
No
Measure 26-3
Yes
Measure 2
No
Measure 7
No
Measure 9
3 against; 2 no position
CITY COUNCIL MEETING MINUTES - SEPTEMBER 22, 1992 - PAGE 6
A discussion by Liz Newton on Board and Committee Restructure was postponed to the
October 20, 1992 Council Study Session. Material will be available to Council at that time.
Council discussed the Broadway Rose, and expressed unanimous consent to support it
as a cultural contribution to the community.
Question was raised as to status of Dartmouth. City Engineer reported we are ready to
go to bid; orre permit is lacking, and City is waiting to finish administrative review. Bid
award will take place next Spring.
11. ADJOURNMENT: 9:05 P.M.
J yes, Ex cutive Secretary
t~
Date: J 01131q--t
h:\recorder\ccm\ccmO922.92
22
CITY COUNCIL MEETING MINUTES - SEPTEMBER, 1992 - PAGE 7
i~
CITY OF TIGARD, OREGON
AFFIDAVIT OF POSTING
In the Matter of the Proposed
STATE OF OREGON )
County of Washington ) ss
City of Tigard )
I, 1L 1.5 -T- P, I VI begin first duly sworn, on oath,
depose and say:
I"
14 _r
That I posted in the following public and conspicuous places, a copy of Ordinance
Number (s) Qa- 9Q- j -d7
which were adopted at the Council Meeting dated
copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof,
on the o2 day of 19 121-
1 . Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon
2. Washington Federal Savings Bank, 12260 SW Main Street, Tigard, Oregon
3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon
4. Albertson's Store, Corner of Pacific Hw . (Shate Hwy. 99) and SW Durham
Road, Tigard, Oregon
Subscribed and sworn to before e is •DtA day of t r 19-?---)-,
OFFICIAL SEAL
M. JOANN HAYES
NOTARY PUBLIC-OREGON
COMMISSION NO.006513
MY COMMISSION EXPIRES MAY 6, 1996
h,.
Notary P Mc for Oregon
My Commission Expires: Ige45
0 If
,oginjolcwpost
CITY OF TIGARD, OREGON
ORDINANCE NO. 92- ,
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 92-
05) (BRUNEAU) AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City has received a request for annexation signed by Stephen
Bruneau, who is the owner of the subject parcel; and
WHEREAS, The City Council held a public hearing on September 22, 1992 to consider
the annexation request and to consider zoning designations for the property; and
WHEREAS, on September 22, 1992 the City Council approved a resolution forwarding
the annexation to the Portland Metropolitan Area Local Government Boundary
Commission; and
WHEREAS, the zoning district designation as set forth in Section 1 below is that
which most closely conforms to the Washington County zoning designation as
provided in the Washington County-Tigard Urban Planning Area Agreement.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The recommendation of the planning staff as set forth below is
consistent with policy 10.1.2 and 10.1.3 of the City's
Comprehensive Plan.
Tax Map/Lot Number Current Zoning Proposed Zoning
2S1 04BD/1800 Wash. Co. R-6 Tigard R-7
Section 2: The property meets the definition for an established area as
defined in Chapter 18.138 of the Community Development Code and
shall be designated as such on the development standards area
map.
Section 3: This ordinance shall become effective upon filing of the
annexation final order with the office of the Secretary of State.
PASSED:
,ten
APPROVED:
By
vote of all Council members present after
(~Bing r tad by number and title only, this 7,Z day of
A
This L Z,- day of
Approved as to form:
t Attorney
Zz Sal 92-
Date
moo"
STAFF REPORT
September 22, 1992
TIGARD CITY COUNCIL
TIGARD TOWN HALL
13125 S.W. HALL BOULEVARD
TIGARD, OREGON 97223
A. CASE: Zone Change Annexation 92-05
REQUEST: To annex one parcel consisting of 2.51 acre of unincorporated
Washington County into the City of Tigard, and for zone change from
Washington County R-6 (Residential, 6 units per acre) to City of Tigard R-
7 (Residential, 7 units per acre). The applicant requests that the
expedited process be used.
COMPREHENSIVE PLAN DESIGNATION: Washington County Residential, 6
units per acre.
ZONING DESIGNATION: Washington County R-6 (Residential, 5 units per
acre).
APPLICANT: Stephen G. Bruneau
13800 SW Fern Street
Tigard, Oregon 97223
OWNER(S): Stephen G. Bruneau
13800 SW Fern Street
Tigard, Oregon 97223
LOCATION: 13800 SW Fern Street. (WCTM 2S1 4BD, Tax Lot 1800)
2. Background Information
No previous applications have been reviewed by the City relating to
this property.
3. Vicinity Information
Property to the north of the site is in the City of Tigard and is
zoned for single family residential development. Properties to the
east are in Washington County and zoned R-6 (Residential, 6 units
per acre). All properties to the west are single family lots in
Washington County. Properties to the south are in the City of
Tigard and are zoned R-7 (Residential, 7 units per acre)
4. Site Information and Proposal Description
The property to be annexed has one single family residence with the
remainder of the property undeveloped. The property is primarily
covered with some trees.
The applicant requested that his parcel be annexed into the City of
Tigard in order to partition the parcel and connect to sanitary
sewer line. An existing sewer line is located 680 feet east of the
parcel to be annexed, along SW 135th Avenue. The sewer lines and
ZCA 92-05 Staff Report 1
manholes on SW 135th Avenue belong to the City of Tigard.
5, A enc and NPO Comments i
Tigard Water District, Tualatin Valley Fire District, General , School
ectronics, ral Elects c,Nand Met os Ar agComn►unicationethave
Telepholneelanand El
d Gene
23J, Po
reviewed the proposal and have offered no objections or comments.
6, Police De artment Consideration
The Police Department has reviewed the proposal and have offered
the following comments-
This annexation will create a 20 or more lot island
which causes problems in traffic enforcement and patrol,
and could result in delayed response if this annexation
is approved. Efforts to annex the 20 orTher island
lots will help correct this problem. f
roadway should also be included with this annexation
request.
B. FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Tigard Comprehensive Plan Policies Areas 2.1.1, Citizen involvement; 6.3.1, Establlisheria and; chapters 18.136,
Delivery Capacity; and 10.1.2, Boundary Crit
Annexations; and 18.138, Established/Developing Area Classification of the
that
Tigard Community Development Code. The planning staff has doefathen Tigard
the proposal is consistent with the relevant portions
Comprehensive Plan based upon the findings noted below:
1. Plan Policy 2.1.1 is satisfied because trh Neighbo
ionrh asd Planning
organization and community Planning Og
surrounding property owners were given notice of the hearing and an
opportunity to comment on the request. will be
on s the hdevelopm development annexation standards
2. dPlan 63. is esignated Policyas • ant established satisfied because
map.
3, Plan Policy 10.1.1 is satisfied because the City has conducted the includes
the sub ect
Washington ThCounty is Urban Services Stud
that adequatehserv ices are available
property. Y indicates
in the vicinity and may be extended to accommodate the subject
property.
4. Plan Policy 10.1.2 is satisfied because the annexation is a first
step in eliminating an island and an irregular boundary that makes
it difficult for the police in an emergency situation to respond in
a timely manner. The land is located within Tigard's Area Of
Interest, and adequate service capacities can be made noted aboveo
accommodate the eventual development of the property as .
Since the City intends to eventually annex the entire island, the
Fern street and SW 135th Street rights-of-way of can laded eat
that time, which will assist with the delivery police
5. Urban Planning Area Agreement, Section 111, B.4(b) states that:
"annexation by the City within the Area of interest shall not create
islands unless the City declares its intent to complete the island
annexation". The City will be in violation of this agreement if
2
ZCA 92-05 Staff Report
this property is annexed without a declaration of intent to complete
the island annexation. The annexation of this arcel in the creation of a 30 lot island. Twenty-one of the 1 tslareeless
than 1 acre, the remaining nine lots are between 1 to 2.50 acres.
The planning staff has determined that the proposal is consistent with the
relevant portions of the Community Development Code based upon the
findings noted below:
1• Section 18.136.030 of the Code is met because all facilities and
services can be made available, the applicable Comprehensive Plan
beencdeterminedst beovan Estaablished area in
y has
a a Pethe s cor dance with the
criteria in Chapter 18.138 of the Code.
The Urban Planning Area Agreement between the City and Washington
County requires that when annexing land within the City's area of
interest, the City adopt a zone designation which most closely
resembles the County plan and zone designation. In this case, the
property is designated in Washington County for single family
residential use with a minimum lot size of 5,000 square feet and a
maximum density of 6 units per acre. The City of Tigard Low Density
Residential plan designation and R-7 zone with a minimum lot size
requirement of 5,000 square feet and maximum density of 7 units per
acre are the most comparable to the present County designation.
2. Chapter 18.138 of the Code is satisfied because the property meets
the definition for an Established area and shall be designated as
such on the development standards area map.
C C. RECOMMENDATION
Based upon the findings noted above, the planning staff recommends
approval declare its of ZCA intent 92-to05. annex Staff the island further that suggests will that City Council should
this annexation.
be created as a result of
PREPARED BY:
V ctor Adonr , Assistant Planner
ZCA 92-05 Staff Report
3
Attention City Planners/ Developers:
My name is Steven G. Bruneau soc.sec. # 544-824680.
I own a home and property located at 13800 S.W. Fern street.
I would like to apex my property to the city of Tigard.
Please furnish me with all information regarding services
and fees that will apply to accomplishing this anexation.
Please expedite my application.
Sincerly, J~~/> Tod~~~
Steven G. Bruneau
CITY OF TIGARD, OREGON
. ORDINANCE NO. 92-
AV ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 92-
02) (ANDERSON) AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City has received a request for annexation signed by Phyllis M.
Anderson, who is the owner of the subject parcels; and
WHEREAS, the City Council approved comprehensive Plan Map Changes from Commercial
Professional, and Low Density Residential to Medium High Density Residential in
August of 1992.
WHEREAS, The City Council held a public hearing on September 22, 1992 to consider
the annexation request and to consider zoning designations for the properties;
and
WHEREAS, on September 22, 1992 the City Council approved a resolution forwarding
the annexation to the Portland Metropolitan Area. Local Government Boundary
Commission; and
WHEREAS, the zoning district designation as set forth in Section 1 below is that
which most closely conforms to the Washington County zoning designation as
provided in the Washington County-Tigard Urban Planning Area Agreement, and the
recently approved City of Tigard Comprehensive Plan Amendment.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The recommendation of the planning staff as set forth below is
consistent with policy 10.1.2 and 10.1.3 of the City's
Comprehensive Plan (See attached Zone Change Exhibit).
Tax Map/Lot Number Current Zoning Proposed Zoning
2S1 10AC, 1300/1400 Wash. Co. R-6 Tigard R-25
2S1 1OBD, 2100 (2.74 AC.)
2S1 1OBD, 1600/ Wash. Co. R-6 Tigard R-4.5
2100 (.63 AC.)
Section 2: The property meets the definition for a developing area as
defined in chapter 18.138 of the Community Development Code and
shall be designated as such on the development standards area
map.
Section 3: This ordinance shall become effective upon filing of the
annexation final order with the office of the Secretary of State.
PASSED:
F
APPROVED:
By (LIA--/f/~~~~LI(Al_ vote of all Council members present after
being 'read by number and title only, this -2,,~ day of
This ~j da
Approved an to form:
C Y. ttorney
ZZ Sf/~T 9Z
Date
ffre-y V rl
y of 1992.
ra R, Edwar s, mayor
STA" r4MPORT
C September 22, 1992
TIGARD CITY COUNCIL
TIGARD TOWN HALL
13125 S.W. HALL. BOULEVARD
TIGARD, OREGON 97223
A. CASE: Zone Change Annexation 92-02
REQUEST: To annex four parcels totalling approximately 7.7 acres of
unincorporated Washington County into the City of Tigard, and for zone
change from Washington County R-6 (Residential, 6 units per acre) to City
of Tigard R-4.5 (Residential, 4.5 units per acre), and R-25 (Residential,
25 units per acre).
COMpREHF:NSIVE PLAN DESIGNATION: Medium fHiTigard Low Density gh Density Residential~ential/
ZONING DESIGNATION: Washington County R-6 (Residential, 6 units per
acre).
APPLICANT: Phyllis M. Anderson
11550 SW Bull Mountain Road
Tigard, Oregon 97223
OWNER(S): Phyllis M. Anderson
11550 SW Bull Mountain Road
Tigard, Oregon 97223
131100 feet
tax lots and
00, 1400
LOCATION: WAsthof Paecifof Bull ic Highway. betwen 500
and 2S1 lOBD, tax lots 1600, 2100.
2. Background Information
The subject properties are within Washington county but are within
the City of Tigard's active planning area under the terms of the
Urban Planning Area Agreement between the City and County. In
August, 1992 the City of Tigard's Comprehensive Plan Map was changed
to designate tax lots 1300, 1400 and a 2.74 acre portion of 2100 for
Medium High Density Residential use. At the same time, a .63 acre
portion of tax lot 2100 and the 1.17 acre tax lot 1600 were
designated for Low Density Residential use. Washington County
1
ZCA 92-02 Staff Report
currently has all of the subject properties zoned R-6 (Residential,
6 units per acre).
3. Vicinity Information
Properties to the north of the site are in the City of Tigard and
are zoned R-2 (Residential, 2 units per acre). Properties
South are zoned R-40 (Residential, 40 units per acre) and are to the
City of Tigard. Property to the east is in the City an Of and are d the
is zoned C-P (professional Commercial). All pro Tigard and
are single family lots in unincorporated Waehi ngtoPernCou'cou to, the west
zoned R-6 (Residential 6 nty, and are
units per acre)
4. Site Information and pro osal Descri tion
The properties to be annexed have one sin 1 f
the remainder of
the g amity residence with
primarly residence with Pro covered with trees ands other undeveloed.
natural g tation. are
The applicant requested that her
Tigard in order to parcels be annexed into the city of
sanit develop and to serve all the property with
aro sewer. rc existing sewer line is located at the northeast
corner of the parcels be annexed.
S. Agency and NPO
Comments
Tigard Water District, Tualatin Valley Fire District
County Land Use and Trans Portation
. Washington
Electronics, NW Natural Gas, General Telephone and
General Electric , Tigard School District 23J, Portland
reviewed the , and Metro Area Coamainications Commission have
Neighborhood Planning Proposal and offer no objections or comments.
The
Organization commented on the Co
Plan change but offered no comment on the annexation.
mprehensive
6. Police Departments Consideration
The Police Department has reviewed the proposal and have offered no
objections or comments.
No other comments were received.
B. FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Tigard Comprehensive plan policies
2.1.1, Citizen Involvement; 6.4.1
Delivery Capacity; and 10.1.2, Boundary Areas; 10.1.1, Service
Development Code chapters 18.136 Criteria and Tigard Community
Established/DeveloPin 18.138,
4 Area Classification. The and 18.138,
The planning staff has
2CA 92-02 Staff Report
2
determined that the proposal is consistent with the relevant portions of
i the Tigard Comprehensive Plan based upon the findings noted below:
1. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning
Organization and Community Planning organization as well as
surrounding property owners were given notice of the hearing and an
opportunity to comment on the request.
2. Plan Policy 6.4.1 is satisfied because the annexation will be
designated as an developing area on the development standards map.
3. Plan Policy 10.1.1 is satisfied because the City has conducted the
Washington County Urban Services Study which includes the subject
properties. This study indicates that adequate services are
available in the vicinity and may be extended to accommodate the
subject properties.
4. Plan Policy 10.1.2 is satisfied because the annexation will not
create an irregular boundary that makes it difficult for the police
in an emergency situation to determine whether the parcels are
within or outside the City. The land is located within Tigard's
Active Planning Area, and adequate service capacities can be made
available to accommodate the eventual development of the properties
as noted above.
The planning staff has determined that the proposal is consistent with the
relevant portions of the Community Development Code based upon the
findings noted below:
1. Section 18.136.030 of the Code is met because all facilities and
services can be made available, the applicable Comprehensive Plan
policies discussed above have been satisfied and the properties has
been determined to be a Developing area in accordance with the
criteria in Chapter 18.138 of the Code.
The Urban Planning Area Agreement between the City and Washington
County requires that when annexing land within the City's active
planning area, the City adopt a zone designation which most closely
resembles the County plan and zone designation. In this case, the
proposed zoning complies with the recently adopted City
Comprehensive Plan change.
2. Chapter 18.138 of the Code is satisfied because the properties meet
the definition for a Developing area and shall be designated as such
on the development standards area map.
ZCA 92-02 Staff Report
C
3
C. OTBER ALTERNATIVES
C 1. The properties to be annexed are currently undeveloped. The
planning staff reviewed the implications of annexing the properties
as undeveloped land, versus annexing it as a developed land.
ANNEX NOW
a. The development would be subject to City development
requirements, and its fees and charges. The City will provide
development services. The increase in assessed value after
development will lower the City tax rate, and annexing raw
land with one owner will be less difficult than annexing
several new residents and property owners.
DELAY ANNEXATION
b. if the City decides to delay the annexation of these
properties until after construction, the County will provide
all development services, and impose County standards on the
development. The City's tax base will be increased by
approximately $9,700 instead of $1,059. This is part of the
permanent tax base that can also be increased by up to 6% each
year.
2. The other alternative the council could consider would be to annex
the subject properties along with the three properties to the west
through a "double majority" method of annexation. Staff is not
recommending this because the properties in the remaining island
will need City sewer to develop plus the properties are in an
island, which means the City can require annexation of the
remaining properties by other methods at a future time. Further,
these properties are mostly undeveloped and therefore are not in
need of urban level services at this time.
D. RECOMMENDATION
Based upon the findings noted above, the planning staff recommends
approval of ZCA 92-02, and to adopt the attached resolution and ordinance
to forward the annexation to the Boundary Commission.
PREPARED BY:
1
Victor ri, Assistant Planner
C ZCA 92-02 Staff Report 4
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CITY OF TIGARD, OREGON
ORDINANCE NO. 92-_Z 7
AN-ORDINANCE AMENDING TMC 10.28 REGARDING PARKING RESTRICTIONS ON SW
87TH AVENUE BETWEEN PACIFIC HIGHWAY AND CENTER STREET.
WHEREAS, Ordinance No. 88-03 established a loading zone. along a portion
of SW 87th Avenue; and,
WHEREAS, the business that requested the loading zone has since
relocated; and,
WHEREAS, existing business activities along SW 87th Avenue can better be
served by elimination of the loading zone and establishment of a two-
hour parking limit; and,
WHEREAS, TMC 10.28.090 designates the portions of public streets in
Tigard where parking is restricted to a two-hour limit.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1. Ordinance No. 88-03 and TMC 10.28.137(4), establishing a
loading zone on SW 87th Avenue, are hereby repealed.
SECTION 2. TMC 10.28.090(2), designating the
where parking is restricted to a two-hour time tlimit
between 9:00 a.m. and 6:00 p.m., is hereby amended by
adding the following:
"(D) The east side of SW 87th Avenue between
Pacific Highway and Center Street, except any area
designated as a loading zone."
SECTION 3. This ordinance shall be effective 30 days after its
passage by the Council, approval by the Mayor, and
posting by the City Recorder.
By vote of all Council members
present after being re d bV er and title only, this
LL day of , 1992.
~~1~~^✓1 -I/ ,PIAIW
i Zahn , ~ ~ P~cmto
APPROVED: This ~i day of Vuj owu
1992_.
Edwards, Mayor
Apr-roved as to form:
City At orpey
Date
rv/A7th-o
C
ORDINANCE No. 92-
Page 2
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I"2M
of City of Tigard R E C E I V E Q ° ❑ Tearsheet ' be22 1992; at',7 30,I'.M. at Tigard Civic Center; To:vn'
PO Box 23397 13125 S W.,HAII BoulevAW- Tigard, nregon. Fu tlier'infonnat
® Tigard, OR 97223 S E P 2 3 • 11 Duplicate obtained 'frorii the CoinmunityDevelopptentDirector or City _I
1992 the same;location orby.'enlting~639-4171:!You:are invited tosi
® ten tcsturony rn advueiceof the pubitc hearing, written and ora
CITY OF TIGARD " v; i' is ~prisideresl at•the hearing .The public hearing-will be cc
sccor"dii' h'thi applicalile:Chaptbr 18:32 of the Tigard
Code aril aitftiles of prccedurtsadapted by the Council 'and:
City Mall:
AFFIDAVIT OF PUBLICATION - Mt! CHANCE AN14EXATION ZCA y2-0005 l3F~U1+TEAU
A'request to annex orie parc:el:consisting of 2.51 acres into,
COMMUNITY NEWSPAPERS, INC. Legal
P.O. BOX 370 PHONE (503) 684-0360 Notice TT 7359
BEAVERTON, OREGON 97075
Legal Notice Advertising
Th fit al be considered b the Tigard City Council-.-(
EP , 1992 City of:Tiga
The applicai
.1600andaI
R-6 (Reside
units/acre)
quested to I
(Residcntia;
Subscribed and sworn ho before me this 10th day o ot~nber, u~eheit ve
.01 .'fo'r the and
REVIEW f
Notary Public for Oregon 10.1.3,110.'
My Cemmissio Expires: - Code Ci►aF
j~ 18.138.020,
AFFIDAVIT 'ween.500 a
tax lots. 130,
ZONES: R_
family resin
STATE OF OREGON, Ti and and to chap a the ione fromWashin ton County.R-6 (1
COUNTY OF WASHINGTON, Ps. 6.uitits%acre) to City of.Tigard R-7. (Re idential, 7 units/
I, Judith Koehler PLiCABLE REVIEW Cl11TERIA:,Comprehensive . Plan Poli,
being first duly sworn, depose and say thpt I ark the Advertising 101.2;1013,:10 21,10.2.2;'10.2 3,10.3.1,10,3.2, g6niftiun l
Director, or his principal clerk, of the Z Bard Times meet Code Sections 18:32:020;1832;040; 18.32 130,18 1;
a newspaper of general circulation as defined in ORS 193.010 18 138.020 (A) (B)."LOCATION 138(}0 S.W. FernStreet
and 193.020; published at _Tigard in the 413D, tax lot 1800). Z'R=7 (Residential, 7;t-I I .acre). TI
of2es id county and tats; that the allows single family attached/detached residential units, put
t'uOr Hearing!ZCA 92-0005 facilities, residential treatment horrtes farming, mend c e
family day care; ho'' occupations, temporaryuws, and ar-
a printed copy of which is hereto annexed, was published in the tueas among otheruses.
entire issue of said newspaper for One successive and _Z()N CCHANGE ANNEXATION ZCA 92-0
consecutive in the following issues:
ANDERSOZ`l
S t bar 10 A request. to annex four parcels totalirig approximately 7.7;.
s
onion of tax lot 21C
ntial, 6 units/acre)`;
offing district The
le, changed -from th
, 25'nnits per acre)
lanning area The +
rstial, 25
to changed from Was
to the City's R=4.5
0;`.18 32.040, 18:32.130;,`18 1;
W
TIN South side of 96111VlourW
vest -of Pacific Highway. (WCT1y1
110$D, taxjots 1600 and 2100): l
1,4.5 units/acra). The R-4.5 zone, a
apport facilities; residential treats
nes, family' day, care, home:occup
structures'among other-permitter
The:R-25 :zone allows multi-fainil
gle-€arnily.resider,ces; duplexes:s
residences, p,ublic,si pportt
gnanuf{ctureii 1tt~tsiFS, atnil
ssory56 isrti'
and' i
ac~e
M359 NOisii sgli emb
09-;' *q p€rmitte' Oses.
1,0,1992::'
F
COMMUNITY NEWSPAPERS, INC. Legal
1 1Y
y of Tigard
Box 23397
ord. OR 97223
i _5
P.O. BOX 370 PHONE (503) 684-0360 Notice TT 7359 }
BEAVERTON. OREGON 97075
P13RL1t` NEARTi ~r
Legal Notice Advertising'.
The fallowing will be considered by the Tigard.City Caancil 0-1 Septem-
T' and Civic Center, Town Hall Room,
RECEIVED
SEP 2 3 1992
CITY OF TIGARD
will be considered at, the can g
accnrclance with the'zipplmcable Chapter 18.32; of the Tigard Municipal
Code and anyrules of-procedure adoptca by the Cauncifand available at
cii rl ul.
;ZQNE CHANGE ANNEXATION ZCA11_M0.5 I3R I+11;AU
A request to`annex one parcel' consisting of 251 acres into: tbe,City of
t
, I
Tigard 6d 'to change;t} a zone from Washington Coun.ty,R 6 (Residential
6,units/acre):to City nfyTigard R 7; (Residential, 7;u6its/acre). AP
PI IABL:E REVIEW CRITRIA_; Comprefitensive Plan Policies 1Q.1.1,
10,1.2;:;101.3;;10.2.1;102.2;1023,,10.3.1, 1(1.3.2 CommunityDeveiop
~ment.odeSecuoris18.32:020, 1$:32;,040,.1 32 130,18:136, 18:138;
18.138 020,(A) (B) DaA_ 'PION 13800 S W: Fern Street (WCTM 2S1
4BI~; tax ldt 1800) R-7 (Residential, -7 inns/acre) The R-7 lone
;allows=singlefainil attached/detached residential units, public support
Iacilities, residential;treatment hurries, farming, maiufaciuied homes,
fainily:day care, home occupations, tein poraiy uses, artd accessory sirvc
Hires ainong other fuses.
ZONE CII:A1,4 E AI~INEXAT1(31`I ZCA j2-E)i102
(Npp #3)
A-NDERS(3T3 "
A request•to.annex four parcels totaling approximately 7.7 acres to the
City of Tigasdad_ to change ifae zoning to Cety.of,Tigard zoning districts.
The applicant requests that the western approximately: i.8 acres (talc lot
I(Mand a portion of tax lot 2100)-be p6hanaed from: Washington County's
R-6 (Itesideneial, 6 units/accel zone'to the City's R-Q.S (Residential, 4,5
units/~cre1 zbnirig district. £he 5.9.acre eeastern portion of, the site is re
queste.d.to be changeo fronithe County's R-6 zone to I ie City's R-25
(Residential, 25 `units per acre) zone: The subject area isalready,withm
a Tha Cit Council recently approved a Com-
AFFIDAVIT OF PUBLICATION
OF OREGON,
Y OF WASHINGTON, )ss.
-th Koehler
first duly sworn, depose and say thpt I adm the Advertising
or, or his principal clerk, of the Ti 'aa_3Z Ti.meS
spaper of general circulation as defined in ORS 193.010
33.020; published at Tigard in the
ed copy of which is hereto annexed, was published in the
issue of said newspaper for One successive and
outive in the following issues:
led and sworn
VIT
before me this 10th day of Septembers Oral Geave plan Pig Amenanent to: Medium iii9h JDetisity Residential
p P'
for-ttre area_that.is reouested to•be, rezoned W' 25ApELICAI3LE
REVIEW=CRITERIA.:C6r~orehet sire Plan Policies 10:1.1, 10:1 2,
Notary Public for Oregon ,10:2:11 10.2:2,.10.2:3, IQ.3 1, 10 32; Community Development
C6de"Chapters 18:32 02d) ` 18 32:040, 18 32.130, 18:136, ?813$,
18:138 020 (A) (B): LOCATIC)N Soudi side of Bull;'iVlountain Road, liet T
weer 500 and 1;100 bet west of Pacific Highway. (WCTM 2S1 lOAC,
tax lots 1300, 1400, and 251 IOBD;;taxilots' 1600 and 2100): PROPOSED
ZOF+TRS R 4.5 (Residential, 4 5 units/acre). T:.e R45 zone allows single
family residences, 'public §uppoti facilities; residential'treatment home's,
farming, manufactured Iiomes, fame y day care, home occupations, tem•
porary uses, and accessory structures among oilier permitted uses. R 25
(R.esideraW 25 uniWacre). The R 25 zone slows rnailtn fatrtily residential
development, attached single family residences, dupiexes..single family
resdenceS,'Ipiablic supppoo faciiittes; residential treatment homes, fuming,
manufacturefi' es, famrtily ^day sire, home occupations, temporary.u ,
TT7 rctprg ~r p. rrnitied uses._ ;
and occur S, u Ctltres
tebCr 10,1S9~c
3$9 Pubhlh 3q) m
• Tearsheet ' b- ,r 22.:1992>at 7.301' M. at ig
13t25:S:WW.;I1aI1:Boulevard, Tigard,-Ctregon. Further"anforrnation maybe
obtained from.tlee Cornratanaty.,DevelopmelL Directoror CatyRecorder at
• Duplicate 1 'the same locatiop or. by callrng 639=4171.'You acre rr<vated to`submit writ-
- ''!eti testimony Fn advance df the;pt~blic hearing; urritten and oral testimony
h n ' The public hearing will,be;conducted in
A 'UT
VISITOR'S AGENDA PA
h~-
,Umited to 2 minutes or less, please)
Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on
other issues not on the agenda, but asks that you first try to resolve your concerns through staff.
Please contact the City Administrator prior to the start of the meeting. Thank you.
STAFF
NAME & ADDRESS TOPIC CONTACTED
og in B TV Is ors ss
Depending on the number of person wishing to testify, the Chair of the Council may limit the amount
of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair
may further limit time if necessary. Written comments are always appreciated by the Council to
supplement oral testimony.
t5_
MOORNEEW,
k']FE~e31 %892
A request to annex one parcel consisting
of 2.51 acres into the City of Tigard and to change the zone from Washington County R-6 (Residential,
6 units/acre) to City of Tigard R-7 (Residential, 7 units/acre). APPLICABLE REVIEW CRITERIA:
Comprehensive Plan Policies 10.1.1, 10.1.2, 10.1.3, 10.2.1, 10.2.2, 10.2.3, 10.3.1, 10.3.2; Community
Development Code Sections 18.32.020, 18.32.040, 18.32.130, 18.136, 18.138, 18.138.020 (A) (B)
LOCATION: 13800 SW Fern Street (WCTM 2S1 41313, tax lot 1800) ZONE: R-7 (Residential, 7
units/acre) The R-7 zone allows single family attached/detached residential units, public support
facilities, residential treatment homes, farming, manufactured homes, family day care, home
occupations, temporary uses, and accessory structures among other uses. P EM
C
c
; ' oar o~ s:®,-qF PRINT
J." Depending on the number of person wishing to testify, the Chair of the Council may limit the amount
1, - or time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair
may further limit time if necessary. Written comments are always appreciated by the Council to
supplement oral testimony.
q~ -I?£~); A request to annex four parcels
I 01+m
to`a((in9 approximately 7.7 _ ~..d__;....._.. .r
acres to the City of Tigard and to change the zoning to City of Tigard zoning
districts. The applicant requests that the western approximately 1.8 acres (tax lot 1600 and a portion
of tax lot 2100) be changed from Washington County's R-6 (Residential, 6 units/acre) zone to the City's
R-4.5 (Residential, 4.5 units/acre) zoning district. The 5.9 acre eastern portion of the site is requested
to be changed from the County's R-6 zone to the City's R-25 (Residential, 25 units per acre) zone. The
subject area is already within the City's planning area. The City Council recently approved a
Comprehensive Plan Map Amendment to Medium-High Density Residential for the area that is
requested to be rezoned R-25. APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 10.1.1,
10.1.2,10.1.3,10.2.1,10.2.2,10.2.3,10.3.1,10.3.2; Community Development Code Chapters 18.32.020,
18.32.040, 18.32.130, 18.136, 18.138, 18.138.020 (A)(B) LOCATION: South side of Bull Mountain
Road, between 500 and 1100 feet west of Pacific Highway. (WCTM 2S1 10AC, tax lots 1300, 1400, and
C 2S1 106D, tax lo►s 1600 and 2100) PROPOSED ZONES: R-4.5 (Residential, 4.5 units/acre) The R-4.5
zone allows single family residences, public support facilities, residential treatment homes, farming,
manufactured homes, family day care, home occupations, temporary uses, and accessory structures
among other permitted uses. R-25 (Residential, 25 units/acre) The R-25 zone allows multi-family
residential development, attached single-family residences, duplexes, single family residences, public
support facilities, residential treatment homes, farming, manufactured homes, family day care, home
occupations, temporary uses, and accessory structures among other permitted uses.
(PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS
C
/y[p{( _ ..srypw~!~, y]f.~;;~,,]- txs~r~rfrf
Ko~w O' V .J.:<r .~f Y: 3'.(ae JFA?Y .
PLEASE PRIM ■
Proponent - (Speaking In Favor) Onaonent - (Sneaking Against)
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I
C
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor and City Council
FROM: Patrick J. Reilly, City Administrator
DATE: September 8, 1992
SUBJECT: Annexation
A Council priority for this fiscal year is TO DEVELOP AND IMPLEMENT
A PROACTIVE ANNEXATION POLICY. The attached report from Ed Murphy
focuses on how we approach our annexation strategy, recommending
several initiates which depart from current City practices. The
report assumes a change in annexation policy.
Hopefully, the report will serve to facilitate Council
deliberations during the September 15 Study meeting.
PJR/jh
attachment
h:\login\pat\annex.cc
Q.
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Pat Rei l11
FROM: Ed Murph
DATE: September 3, 1992
SUBJECT: Annexation Strategies
You asked me to put together some notes to aid in the Council's
discussion of annexation strategies on September 15th. Following
are my comments:
SUMMARY RECOMMENDATION:
The City Council should establish the Walnut Island and the SE Bull
Mountain areas as the top priorities for any annexation efforts.
Staff resources should be allocated to initiate ongoing dialogue
with the residents and property owners within those areas. The
Council should annex all or part of the Walnut island when a
majority of the registered voters and land owners within the island
consent to being annexed.
PHILOSOPHY
Urban level development needs urban level services.
Cities are generally best suited to provide urban level
services rather than counties or special service districts.
• Tigard is looking to build a whole community which provides
necessary public services in an equitable and efficient
manner. Tigard is also seeking to create logical and
understandable boundaries in order to reduce confusion, and
add to the "sense of place" of the community. And finally,
Tigard is seeking to protect and enhance the quality of life
through the proper management of new development. Annexation
is one tool that can be used to accomplish these goals.
• Tigard desires to eventually annex everything within it's area
of interest; and, if an area develops prior to being annexed,
the City desires to have a significant influence on how those
properties are developed.
C - Page 1 -
° The exact timing of the annexation will depend upon the City's
general priorities, which are outlined in this memo; on the
City's ability to logically and efficiently service an area,
and on the wishes of the property owners within the area to be
annexed.
• The City Council desires to have people come into the City
voluntarily, and to come into the City with the intention of
being a positive, contributing members of the full community.
• The general approach the City will take towards annexation is
one of mutual consent between a majority of the City Council
and a majority of the residents within the area proposed to be
annexed.
The City will extend urban services to newly annexed areas in
a way that is responsive to the needs of that area, yet
without diminishing the level of service to the rest of the
City that is already incorporated.
- Page 2 -
SITUATION:
• Tigard has a well-established area of interest, and is not
competing with other cities over territory.
• The City has already annexed all of the non-residential
properties in the City's area of interest.
• Much of the area outside the city limits but within the city's
area of interest is developing at urban levels.'Many of the
needed services are being provided by the County either
directly or through special operating districts, or by the
separate single purpose districts. However, some services,
such as parks development and maintenance, or long term street
improvements and maintenance, are not being provided. The
special operating districts, such as street lighting
districts, would cease to exist after annexation with the City
absorbing those services.
• The City limits boundaries have created a significant "island"
which is surrounded by the City on all four sides. This
island is composed of approximately 836 people and is about
360 acres in size. State law allows cities to annex islands
outright.
• Besides island annexations, the other approaches methods for
annexation include:
1) The "double majority" method, in which the Council can
annex an area in which the owners of a majority of the
land area plus the majority of the registered voters
living within the area petition for annexation;
2) A vote of all of the registered voters within the area;
3) By a petition from individual property owners for their
own property.
• The City may increase it's tax base by an amount roughly
equivalent to the tax base portion of the City's tax rate,
multiplied by the assessed value'of the property.
• When the City annexes an area, that area begins paying for a
portion of the street and parks levies. The City does not
receive additional revenue, however; it just lowers the amount
existing city residents would pay.
- Page 3 -
• The City may annex properties outright, or enter into an
agreement to annex at a later date at the discretion of the
City. This latter method is often used as a way to increase
the tax base impact, by allowing the properties to fully
develop outside the City limits, then annexing after full
development.
Other revenues that would come to the city upon annexation
include cigarette and liquor taxes, revenue sharing, franchise
fees and gas taxes. These are not new taxes for the residents
of an area being annexed, but are revenues currently being
distributed elsewhere. Annexation is a method of keeping this
revenue "oat home" in the local community.
• The Walnut island area does not have public sewer available.
However, because of the drainage basin, the City, rather than
the Unified Sewerage District (USA) will be responsible for
providing the sewer service, should this area ever need public
sewer. As vacant property develops, it typically needs public
sewer, in which case the City requires annexation as a
condition of receiving that service.
• Most of the remaining Bull Mountain area will not use City
sewer, and uses Tigard water district water. Since there no
method of requiring eventually annexation, this area is
developing without any provisions being made for parks and
open space or other urban services.
• Streets within a newly annexed area would remain County
jurisdiction (with some exceptions) upon annexation. However,
the County would request that the City assume responsibility
for most of those streets after annexation. It has generally
been the city practice to accept jurisdiction of those
streets.
• Although it is not entirely known towhat extent, it is clear
that the incorporated area is providing some subsidy tothe
unincorporated area, such as in library services.
° - Page 4 -
COUNCIL'S PAST PRACTICES AND POLICIES
In the past, the Council has:
• Committed in writing to the residents of the Walnut Island
area that the City "does not intend to unilaterally annex the
Walnut island". (October 1988)
• Agreed in the Urban Area Planning Agreement (1983) to: "not
require annexation of lands in the Area of Interest as a
condition to the provision of urban services for development",
and "not create islands (within the Area of Interest) unless
the City declares its intent to complete the island
annexation."
• Agreed in an amended UPAA (1988) to study with Washington
County on
111). The feasibility of expanding the "active planning
area" to include the current 11arca of interest" and
assigning the land use planning responsibility to the
City;
2). The feasibility and cost-effectiveness of the City and
County contracting to provide building inspection and
plan review services, administer development codes and
collect related fees with the active planning area."
No joint study has ever been initiated, although the City
staff continues to offer to provide those services, and has
drafted and presented an ordinance to the County for the
administration of the building codes.
Have stated, through different recent annexations, that the
Council did not wish to use property being annexed as part of
a larger "double majority" annexation
Have stated the Council short term goal or priority area of
"developing and implementing a proactive annexation strategy"
- Page 5 -
STRATEGIES BY AREA
The "Area of Interest" should be divided into sub-areas in
terms of priorities. The attached map suggests one such
division proposed by staff. -The entire area is broken into
five (5) subareas, ranked in priority order in terms of where
City resources should be spent to encourage annexation. Staff
recommends that, for the next two years, the City concentrate
on areas 1 and 2...the Walnut island, Fern/135th, and the SE
Bull Mountain area.
WALNUT ISLAND
The island is within the City's sewerage area, is obviously an
island so it could be annexed outright, is partially urbanized
already. Moreover, the area already receives some police patrol
services on Walnut and 121st, as well as emergency police response.
Further, the area is impacted by many actions the city may choose
to take, or by development within the city limits.
There are four basic approaches that could be used:
1. Annex the island whole outright, either immediately, or set a
time frame for annexation;
2. Annex only those properties which wish to be annexed when they
wish to annex, or are required to annex as a condition of
connecting to city sewer;
3. Annex all or portions of the island by double majority method,
with the goal of having at least 60% majority in favor when it
comes to the Council for action.
4. Annex the area by election, if a majority of the registered
voters within the area vote in favor of the annexation.
Staff recommends this third approach.
In the Walnut Island, the City staff will develop educational
materials to distribute to all property owners within the
island, informing them that the Council has expressed an
interest in having this area join the City, and explaining the
impac::s of annexation in terms of services and costs. The
staff will also set up two informational meetings in the area
to discuss the matter with interested citizens.
Staff will discuss with the residents of the island area their
concerns and their service needs or wants. Based on that
information, staff will review the service capabilities of the
City, and develop a proposed list of services and improvements
that could be offered to the residents should they choose to
annex.
- Page 6 -
After Council approval, staff will begin gathering signatures.for
a potential double majority method.
FERN AND 135TH
This area is within the city's sewerage area, has had several
failed septic tanks, and is experiencing some minor development,
such as partitions. Police drive on 135th south of Walnut to serve
other areas inside the city limits.
The City intends to annex the area within the 135th, Fern
Street area either by a double majority method or by island
method. The city will not create an island unless it intends
to annex that island. Instead, the City will accept a contract
for future annexation as a condition of connecting to the city
sewer.
• Staff will prepare informational materials for these
residents, and will prepare either a double majority or an
island annexation, depending on the Council's action on an
annexation request that would create an island.
SE BULL MOUNTAIN AREA
In this area, the City currently does not provide sewer or water
services, and it is outside of the City's "active area"; therefore,
there does not appear to be a method available to require
annexation as a condition of receiving sewer or water, or receiving
development approval. However, the City is very interested in how
growth occurs in this area and desires to begin a dialogue with the
residents and property owners about the City being more actively
involved in the development process.
Over the course of the next year, City staff will contact
property owners and tenants within the area south of Bull
Mountain and generally east of 139th to determine their
interest in annexation. Staff will come back to Council with
recommendations for the appropriate method and timing for
annexation, including by having a special election.
The staff will provide information to the owners of
undeveloped property, as well as the development community, on
the impacts of having the City provide development-related
services, such as building inspections.
This effort will occur concurrently with the initiative being
taken in the Walnut Island area, but with the island area
being the higher priority.
Q - Page 7 -
OTHER INITIATIVES
Other than annexation, the City will initiate other changes that
will affect how much influence the city has outside the current
city limits, and how much revenue is generated for urban services
by those areas.
• The City will initiate an amendment to the urban planning area
agreement that would (1) extend the active area out to the
entire area of interest, and (2) allow the City to provide all
of the building, planning and engineering services within the
active area.
• The City will clarify itIs agreement with the Unified Sewerage
Agency to make it clear that USA will not connect anyone to
the USA sewer lines within the active area without the City of
Tigard's approval. This approval will come only upon an
agreement to annex the property to the City.
• Request that the county impose a Parks System Development
Charge on all new development in the City's area of interest,
and further that those revenues could be used by the City to
provide for parks improvements related to new development
within the City and the City's area of interest.
• If the county does not wish to adopt a Parks SDC, then the
city will further explore the feasibility of adopting a Parks
SDC by itself and imposing it on newly developing properties
outside of the City limits.
• When the City withdraws from the Water District and forms a
190 agreement, it should make sure that imposing a requirement
to annex as a condition of receiving water service is
available to the jurisdictions participating in that
agreement. Further, should the City decide not to withdraw;
it should negotiate an agreement with the Water District
similar to the agreement with Unified Sewerage Agency (USA),
in which City approval is needed prior to the extension of
water services into the active area.
- Page 8 -
ATTACHMENTS
1.
Map showing potential areas to annex in priority order.
2.
Map showing population within the unincorporated area.
3.
Map showing land area within unincorporated area.
4.
Letter from Mayor Tom Brian dated October 7, 1988.
5.
Findings from Boundary Commission Proposal No. 2550.
6.
Letter from Ed Murphy to Bruce Warner dated June 29, 1992.
7.
Letter from Drake Butsch to Bonnie Hayes dated March 16, 1992.
embr/Annw.Mem
Page 9 -
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October Y, 1986
OREGON
Dear Walnut Area Resident:
47
While not legally required to notify you, the Tigard City Council wants you to
aware of annexation. activity 40 acres your area. We have
at 132nd and WalnuteC City Council has
from owners to annex roughly
accepted this request for annexation and forwarded it to the Boundary
Commission for their action. This annexation will create an "island" which
includes the Walnut area.
I'm sure that many of you have questions as to the future annexation of your
area. We wish to advise you that, while State law allows the City Council' to
annex islands, the Tigard City Council does not intend to unilaterally annex
the Walnut island.
We have, however, received a number of inquiries'. from people in the Walnut
area irho wish to annex. We are happy to continue to provide information
regarding the benefits and costs of annexation to Tigard.
The Boundary Commission will be holding its hearing on this annexation
1021 SW'
Thursday, October 20, at 7:00 p.m. in the Multnomah County Courthouse,
4th Avenue, Portland. Included in this 'hearing will be a presentation
describing the specifics of the 132nd raneaation. You may wish to listen to
the presentation and express your comments:
If you would like more information or have any questions about this annexation
or the process, please call Jill Monley, our Community Services Director
(639-4171), or the Boundary Commission staff (229-5307).
Sincerely,
a
a
Tom Brian
Mayor
':ht/7052D
13125 SW Hall Btvd.. P.O. Box 23397. Turd. Orion 97223 (503) 639-4171
Pr oposa'leNoxhi.bit2550A
FINDINGS
Based on the study and the public hearing the Commission found:
1. The territory to be annexed contains 37 acres. 15 single
family residences, an estimated population of 36 and is
evaluated at $1,284,100.
2. The City initiated the annexation in response to a request by
owners of 20 of the 23 lots in the Proposal. Of the
remaining three lots, two are owned by the Tigard Water
District which supports the annexation. Some of the
residents have failing septic systems and wish to connect to
the City sanitary sewer system. Annexation is required prior
to connection.
3. Approval of the annexation will create an island containing
415 lots. The property owners within the island have been
notified of their island status and of the Boundary
Commission hearing on the Proposal. The City testified at
the hearing that the City has informed the residents in the
potential island . that they will not pursue a policy of
agressive island annexation. A member of the City Council
noted that this is a unanimous Council position.
4. The Boundary Commission has three adopted policies. The.
first of these policies states that the Commission generally
sees cities as the primary providers of Urban Services.
Recognizing tnat growth of cities may cause financial
problems for districts, the Commission states in the second
policy that the Commission will help find solutions to those
problems. The third policy states that the Commission may
approve illogical annexations in the short term if these lead
to logical service arrangements in the long-term.
5. The territory is within the boundary of METRO and within the
regional urban growth boundary.
6. The territory is designated Urban on the acknowledged County
Comprehensive Plan. The Bull Mountain Community Plan
identifies the area as Residential at an R-6 density of 6
units per acre which allows for minimum parcel sizes of 5,000
square feet. The Bull Mounttain CPO supports the annexation.
Final Order - Page 4
June 29, 1992
Bruce Warner .
Washington County
150 H. 1st
Hillsboro, OR 97124
Dear Bruce:
*114
Over the last few years, the City, County staff, and elected
officials have discussed whether or not the City should become more
responsible for providing service for that area outside of our
current city limits, but within our area of interest. At a recent
City Council workshop, the Council reaffirmed its intent to become
more proactive in the area outside the city limits, particularly in
the Bull Mountain area.
To start the ball rolling, I an respectfully requesting that you
allocate some staff time to seriously consider at least the
following:
1. Extend the City's "active area" to coincide with the City's
area of interest. The City would then take the lead role in
C comprehensive planning for the area, including transportation
and parks planning.
2. Adopt a growth-impact fee for parks development for that area
within the City's area of interest (or what would be the
city's active: area, -when the above mentioned change is
completed). 1 would suggest that it be the same amount that
the city now charges, and in fact, would be collected by the
City, and used in the same manner as the City's SDC. The City
staff would be willing to perform any necessary staff work
needed for documentation or writing the order for the Board.
3. Allow the City staff to do all building inspections within the
City's area of interest, as well as within Ring City's area of
interest. (The City of Tigard already does building
inspections within the King City city limits). The City would
collect all building permit related fees, and provide all
building plans examining and inspection services. A draft
intergovernmental agreement to that effect is attached.
I look forward to working with you on these issues.
S' re
M y
Communi y D velopment Director
hr/EJM:UPAA.su
13125 SW Hall Blvd. P.O. Box 23397, Tigard Oregon 97223 (503) 639-4171
Cl
Association of Metropolitan Portland
Hone Builders A AMA
503/684-1880 503/245-0530
15555 S.W. Bangy Rd., Suite 301 • Lake Oswego, OR 97035
Fax # 503/684-0588
RECEIVED
o~.
14AR 1 .4 740-,
March 16, 1992 MV?4Yj jTYUEVELapMENT
Bonnie Hays, Chairman
Washington County Commissioners
155 N. First Avenue
Hillsboro, Oregon 97124
Dear Chairman bays:
ou and staff, we have
During recent conversations between by allowing the City
discussed opportunities that would be provided
of Tigard to do all the inspections in the Bull Mountain area f
your county. The Home Builders Association of Metropolitan
advantages would outnumber the
Portland has We kfeelt that time
extensively.
problems.
While we understand the county's uneasiness with a change will create acmuch
this, we feel that this change makes-sense, and
easier process for the builders who are building in the area. This
is a great chance for the county to take advantage of the 2040
goals and to look into the future and see where savings can bme
that will help both the constituency and the county in proceeding
toward more unified government policies in the nineties.
I appreciate your attention to this matter. Please contact me if
I can be of further help.
Best Regards,
Drake Bu sch
Assistant Director
DB/sb
CC: Ed Murphy
r
- SFu. .5-Q55,'UYA P.3
SEP 16 ' 92 09:00
t GENERAL x992 B.4I L0_T_ MEASURE
CHIEF PFTITIONERS
Measure #1 Amends Oregon Constitution: Bonds May Be Issued For State
Parks - Legislative Referral
Measure 42 , Amends Oregon Constitution: Future Fuel Taxes May Go To Parks
- Legislative Referral
Measure #3 Amends Constitution: Limits Tercels For Legislature, statewide
Offices, Congressional Offices
Chief Petitioner. ' Frank Eisenzimmer
19393 SE Debora Dr., Boring; OR 97009
Phone: 665-4142.
Measure #4 Bans Operation Of Triple Truck-Trailer Combinations On Oregon
Highways
Chief Petitioner: Bill McCoy
2205 N. Lombard, Portland, OR 97217
Phone: 286-8989
Measure #5 Closes Trojan Until Nuclear Waste, Cost, Earthquake, Health
Conditions Met
Chief -Petitioner: Kellie Petersen
2834 NE 62nd, Portland, OR 97213
Phone: 281-5297
Measure #6 Bans Trojan Power Operation Unless Earthquake, Waste Storage
Conditions Met
Chief Petitioner: Jerry Lee Wilson
• 570 NE 53rd Street, Hillsboro, OR 97124
Phone: 640-8891
Measure #7 Raises Tax Limit On Certain Property; Residential Renters' Taut
Relief
Chief Petitioner: Phil Dreyet
306 SE Ash, Portland, OR 97214
-Phone: 231-8587
Measure ##8 Restricts Lower Columbia Fish Harvests To Most Selective Means
Available
Chief Petitioner: Wendell P. Haley
_ 1840 NE 92nd Avenue, Portland, OR 97220
Phone: 658-6751
Measure #9 Amends Constitution: Government Cannot Facilitate, Must
Discourage Homosexuality, Other "Behaviors"
Chief Petitioner: Phillip.2, Ramsdell
8651 SW Salish Lane, Wilsonville, OR 97070
Phone: 682-0653
SEP 16 '9209 00 P.4
,r>
C
SEP 16 '92 09:00
EF
I
P. S
• Measure
AMENDS OREGON CONSTITUTION:
BONDS MAY BE ISSUED FOR STATE PARKS
QUESTION: Shall Oregon's Constitution allow state to issue up
to S250'million in general obligation bonds for state parks,
recreation facilities?'
SUMMARY-. Amends Oregon Constitution. would allow. state to
issue up to $250 million in general ob.ligation bonds for State
-Parke and ReOreation bevelcPment Fund. Fund would only be used
for purchase and development of: State park system and cacnpin
and recreational facilities in each count g
scenic, cultural, historical or yl outstanding naigral,
wildlife habitat and t recreational sites; and fish and
wing areas. A4 valorem taxes on all
taxable property in the state wo
but Le uld guarantee bond repayment,
gislature could repay with other revenues, including park
user fees,
Measure #2
2 H1q"S OREGON CONSTITUTION:. FUTURE FUEL TAXES
MAY GO TO PARKS
QUESTION: Shall Oregon's constitution be 4=ended to' allow
legislature to dedicate 'future caotor vehicle fuel
for state park'purposes? tax increases
SUMMARY-. Amends Oregon constitution. The Constitution now
limits use of motor vehicle
maintenance of fuel taxes to construction and
public roads and roadside rest areas. This
change would allow'the•legislature to dedicate future increases
in fuel taxes for the purchase, development and care of state
Parks and recreation sites. Fuel tax increases for parks
C "Purposes would be limited to two cents
per
year'a. The change would not a p' gallon every two
PPly to fuel taxes now collected.
P.6
SEP 16 '92 09:01
Measure #3
AMENDS CONSTITUTION: LIMITS TERNS FOR LEGISLATURE, _
STATEWIDE OFFICES, CONGRESSIONAL OFFICES
QUESTION: Shall Oregon's Constitution be amended to limit. terms
for Oregon legislators, statewide elected officers, and Oregon's
U.S. Congress members?
SUMMARY: Amends Oregon. Constitution. Limits terms in certain
elected offices during person's lifetime. Limits apply only to
terns startling after measure's adoption. Oregon legislature
limits are 6 years in House of Representatives, 8 in Senate, 12
.total. Limit is 8 years for each statewide elected office.
Oregon members of U_S_ Congress fimfted to 6 years in House of
Representatives, 12 in Senate. No 'limits -for judicial offices.
Bars candidacy if new term would exceed limits. Appointment or
election to fill vacancy counts as full terin.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Measure #4
BALLS OPERATION OF TRIPLE TRUCK-TRAILER
COMBINATIONS ON OREGON HIGHWAYS
QUESTION: Shall Oregon law be.amended to ban the granting of
permits for triple truck-trailer combinations on Oregon highways?
SIIMMARY: Amends current law.. Change would ban'the granting of
variance jexmits for vehicle combinations that include a; motor
trick weighing -over 8,004 pounds and two self-supporting
trailers, or a truck tractor and semitrailer drawing two
self-supporting' trailers or semitrailers. All variance permits
authorizing combinations barred by this Act would be cancelled
on the Act's effective date- The effect of the Act would be to
forbid the operation of triple truck-trailer combinations on
.Oregon highways.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Measure #5.
CLOSES TROJAN UNTIL NUCLEAR V4ASTE,
COST, EARTHQUAKE, HEALTH CONDITIONS MET
QUESTION: Shall Trojan nuclear power plant operation be barred
until permanent federal waste site is licensed, other conditions
met?
SUMMARY: 'Enacts nevi law. Suspends operation Of Trojan.
Provides that no Oregon nuclear power plant, including Trojan,
shall operate unless the Energy Facility Siting Council finds,
after a hearing: a permanent radioactive waste repository has
been federally licensed and is accepting waste; the plant is
then cost-effective; the plant can withstand major earthquakes
without harming the public; and allowable radiation releases do
not harm the public- If legislature declares electric power
emergency and refers the question, voters may suspend or this late.
SEP 16 '92 09:01
Measure #6
BANS TROJAN POWER OPERATION
ZJN•GESS EARTHQUAKE, WASTE STORAGE CONDITIONS MET
QUESTION: Shall law ban Trojan nuclear power plant operation
unless plant meets earthquake standards, and until permanent
waste storage site available?
SUNW=z Act requires independent study of earthquake risk at,
near Trojan site, plant's ability to withstand earthquake.
Unless Siting council finds Trojan plant can withstand possible
earthquake wit1hout harm-to life, property, natural resources,
plant must cease operation. operator mitat pay for, cooperate
with studies. Bans-Trojan operation 30 days after Act takes
effect until federal permanent caste storage site available or
on-site'storage does not exceed plaint's annual production.
Plant closing costs not includable in rates- Citizens may
intervene in rulemaking, contested case proceedings.
P.7
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Measure #7
RAISES TAX LIMIT ON CERTAIN PROM=-
V RESIDENTIAL RENTERS' TAX RELIEF
QUESTION: Shall constitutional, property tax limit for.property
other than owner-occupied residential property be increased, '
re'siden~ci al renters receive.tax relief?
SU10M.RY: Amends Oregon Constitution. For 1993-94 and
thereafter, measure would 3,ncrease property tax limit for'the
school system category to $20 per $10000 of real market value on
property other. than propeirty owned and occupied as a principal
residence, current limits are $10 in 1993-94*, $7.50 in 1994-95,
$S in 1995-96: Requires I,egaclative Assembly to provide
property tax relief to residential renters equivalent to that
provide"d to homeowners under -Article XI, section 11b(1), of the
Oregon Constitution.
}
SEP 16 '92 09:02
Measure #8
C RESTRICTS LOWER COLUMBIA BISH HARVESTS
TO MOST SELECTIVE MANS AVAILABLE
k
QUESTION: Shall state law restrict lower Columbia River fishing
to most selective means available, to allow release of
non-targeted fish unharmed?
SUMMARY: Act: sets policy to harvest fish, in lower Columbia
River 'by''most selective means available.'. Harvest between'
`Colua(bia mouth and Bonneville Dam must be'bj most selective
methods, to allow nontarget•fish to be returned to water
unharmed. State must prepare management plans for species
affected•by harvest, oppose some Columbia River gillnetting.
Plan goals are to protect native species, genetic diversity of
those species- State may sell salmon if numbers exceed goals,
use proceeds to carryout Act. Act enforceable•by lawsutts
against state.
Measure #k9
AMENDS CONSTITUTION: GOVERNSW CANNOT
FACILITATE, MUST DISCOURAGE•HOMOSEXDALITY,
OTHER "BEHAVIORS".
QUESTION: Shall constitution be amended to require that all
governments discourage homosexuality, other listed `behaviors,-
and not. facilitate or recognize them?
SUMMARY: Amends Oregon const
may not use their mitution. All governments in Oregon
oriies or properties to promote, encourage or
-facilitate homosexuality, pedophilia, sadism, or masochism. All
levels of•government, including'public education systems, must
assist in setting a standard for oregon•s youth which recognizes
that these behaviors are "abnormal, wrong, unnatural and
Perverse' and that they are to be discouraged and avoided.
State may not recognize this conduct under "sexual orientation-
or sexual preference, labels, or through quotas, minority
st4tus, affirmative action, or similar concepts.-
P.6
SEP 16 '92 09:02 ,r,~,:: .~P. 9
METROPOLITAN SERVICE DISTRICT
M"SURE--26.1
BONDS TO BUY NATURAL AREAS AND FUND LOCAL PARKS
C QUESTION: Shall Metro buy lands for parks, open space, wildlife habitat by issuing 20o mitro
dollars of ganeral obligalion bonds? If the bonds are approved, they will be Paryabld taxes o.
property or Property ownemhiP that are not eubjeet to the limits of section 116. ArticlefXi of the Ore
loon Con Butt on.
SUMMARY: Permits Metro to buy, develop, maintain and operate a park. open space and recreat6r
syystein. Bonds will mature in 30 Yom: At toast 75 percent of bond funds will be for Metro parks, traih
and open aAaces. Balartoe pf funds Will Jtetp buy ar d knprove fowl pants. Bond funds can not pay foi
operation and maintenance Curtent Metro funds wr11 pay to hold lands until maintenance funds are
available. FuSt year bond Cost will be about 32.5 rants er one thousand dollars
• p assessed value.
MEASURE-263
CfiARTER FOR METROPOLITAN SERVICE DimioT (METRO).
QUA ON: Should people adopt Charter to Genic Metro powers, reform its structure, and give local
control of Metro? .
votMMProhibits ~ wed by eitlzen committee transfer: control of Metro from legislature to local
,L voters. Pro hs seergal from Mazes income, property and other broadly based taxes without voter ap-
disaicts, rnits rva diva f without voter. approval. Continues council elected by
auditor, elected by region. Reduces council 31ze from 13 to 7. Creates elected
citizen involvement committee, local government advisory cornmhtee. Requires, as orimary
function, growth* managernent Plahning to waser es region quality of Life. Assigns other• functions.
Makes other provisions. Effective January 1, 1933,
I
PROCLAMATION
RECYCLING AWARENESS WEEK
WHEREAS, Oregonians appreciate our state's natural beauty and
natural resources; and
WHEREAS, good environmental habits like recycling and buying
products made of recycled materials are vital elements of Oregon's
quality of life; and
WHEREAS, local governments, schools, businesses and industries are
providing recycling opportunities and adopting environmentally-
responsible buying practices.
NOW, THEREFORE BE IT RESOLVED THAT I, Gerald R.
Edwards, Mayor of the City of Tigard, Oregon, do hereby proclaim
October 3 - 10, 1992 as the seventh annual
RECYCLING AWARENESS WEEK
in Tigard and encourage each Tigard resident to practice the waste
reduction and recycling activities that are so vital to our state's
future, its natural resources, and its quality of life.
Dated this _ day of 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the Seal of the City of Tigard to be ixId.
i'
Gerald R. Edwards, Mayor
City of Tigard
Attest:
~~Z4
City Ri
COUNCIL AGENDA ITEM y• 1a-,
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: 8-18-92 DATE SUBMITTED: 8-18-92
ISSUE/AGENDA TITLE: PREVIOUS ACTION: N/A
Budget Adjustment - Damaged Police
Gar PREPARED BY: Wayne Low
DEPT HEAD OK CITY ADMIN OK 14 / REQUESTED BY: Ron Goodoaster
t.
ISSUE BEFORE THE COUNCIL
Shall the Tigard City Council appropriate insurance proceeds for the replacement of a damaged police
car.
STAFF RECOMMENDATION
Staff recommends appropriation set forth in attached resolution.
--------------INFORMATION SUMMARY
A new police vehicle was severely damaged on August 16, 1992. A replacement vehicle will cost
$15,500. The other driver's insurance carrier is expected to reimburse the City $12,500 for the loss
to the City.
Local budget law allows for the appropriation of insurance proceeds by resolution.
In order to proceed with the purchase of a replacement police vehicle, the Council must adopt the
attached resolution to provide the necessary budget authority.
PROPOSED ALTERNATIVES
1. Adopt attached resolution.
2. Do nothing.
FISCAL NOTES
Recognizes revenue in the General Fund in the amount of $12,500.
Appropriations for police capital are increased by $15,500 and general fund contingency is decreased
by $3,000.
CITY OF TIGP
COUNCIL AGENDA
AGENDA OF: September 22, 1992
ISSUE/AGENDA TITLE: Appropriate storm
sewer contingency for Main Street
ro ' ect . a
DEPT HEAD OK CITY ADMIN OK
COUNCIL AGENDA ITEM i4li b
,RD, OREGON
ITEM SUMMARY
DATE SUBMITTED: September 11, 1992
PREVIOUS ACTION:
PREPARED BY: Wa ne Lowry lklwq-
REQUESTED BY:
Shall the Tigard City Council appropriate contingency in the storm sewer fund
for storm sewer construction on Main Street.
STAFF RECOMMENDATION
Staff recommends appropriation set forth in attached Resolution.
-
INFORMATION SUMMARY
The Streets CIP budget for FY 1992-93 includes funding for reconstruction of
Main Street pavement between Scoffins Street and Pacific Highway. During
design of this project, television inspection of existing sewer lines was
performed to determine the condition of the existing lines. The existing
storm sewer lines under the street have more defects than expected and should
be replaced when the street is reconstructed. The estimated cost of
replacing the storm sewer is $20,000.
Funds already appropriated for storm sewer capital projects are not
sufficient to include this project. Storm sewer fund contingency is
currently budgeted at $170,000.
PROPOSED ALTERNATIVES
1. Appropriate contingency as recommended.
2. Do nothing.
FISCAL NOTES
1. Increase storm sewer capital project budget by $20,000. Decreases storm
sewer contingency by $20,000.
t ! j\TP
}.~\1 COUNCIL AGENDA ITEM oZ 4. 1
l` CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
(Local Contract Review Board)
AGENDA OF: Sept 22, 1992 DATE SUBMITTED: Sept 10, 1992
ISSUE/AGENDA TITLE: Main Street PREVIOUS ACTION:
Reconstruction Bid Award
PREPARED BY: GaryAlfson
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
Award the contract for the Main Street Reconstruction project from Scoffins Street to
Pacific Highway.
STAFF RECOMMENDATION
Authorize the City Administrator to sign a contract with Porter W. Yett Co.
INFORMATION SUMMARY
The Main Street Reconstruction project involves the reconstruction of the existing
deteriorated pavement from Scoffins Avenue north to Pacific Highway. Five bids were
received from contractors to perform the construction. The bid results are as follows:
Porter W. Yett Co., Portland $126,978.75
Kerr Contractors, Tualatin $134,048.45
Northwest Earthmovers, Inc. Tualatin $172,497.00
Ken Hood Construction, Milwaukie $182,825.00
Benge Construction, Lake Oswego $197,489.50
The Engineer's estimate was $135,000.
PROPOSED ALTERNATIVES
1. Award the contract to the lowest responsible bidder.
2. Reject all bids.
FISCAL NOTES
The project is funded by the Tigard Capitgl Improvement Projects Budget.
ga\ss-main.ga
C
AGENDA OF: Sept 2
ISSUE/AGENDA TITLE:
and Parkina Lot In
DEPT HEAD OK
TY
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
(Local Contract Review Board)
DATE SUBMITTED: Sept.10, 1992
PREVIOUS ACTION:
PREPARED BY: Gary Alfson
REQUESTED BY:
Award the contract for construction of the Burnham Street and Parking Lot Improvements
project.
STAFF RECOMMENDATION
Authorize the City Administrator to sign a contract with the low Bidder.
INFORMATION SUMMARY
The Burnham Street and Parking Lot improvements project involves the construction of
curb and sidewalk along Burnham Street and parking lot improvements, as required by the
conditions of development for the TEI building, and construction of a one way access
from the City Hall to Burnham Street. Bids will be received from contractors on Sept.
15 and the bid results will be sent to the Council prior to the Sept. 22nd meeting.
PROPOSED ALTERNATIVES
1. Award the contract to the lowest responsible bidder.
2. Reject all bids.
FISCAL NOTES
Funds for this project are included in the FY 1992-93 General Capital Improvements
Budget under. Burnham Driveway Connection ($15,000)• and TEI 1/2 Street Improvements
($10,000).
ga\ss-brnhm.ga
COUNCIL AGENDA ITEM 01'S) O
C.
MEMORANDUM
CITY OF TIGARD
c.l, a 5.
f Lx SQ pit-, 2-Z, t 4Qa
TO: Pat Reilly
September 15, 1992
FROM: Gary Alfs=64
SUBJECT: Burnham Street & Parking Lot Improvements Bid Opening
(Item 4.2b on Council Agenda of September 22, 1992
Bids were opened on September 15, 1992. Five bids were received,
as follows:
Benge Construction, Lake Oswego $ 24 307.00
Parker NW Paving, Oregon City $ 25 640.00
Hoss Paving, Hillsboro, OR $ 31,355.00
Kerr Contractors, Tualatin, OR $ 31,715.00
Goldie Gentle Const. c 1-4 ,cm
The City's. budget for this project is $25,000.00.
We recommend award of the Burnham Street & Parking Lot Improvements
to the low bidder, Benge Construction.
C
AGENDA OF:
ISSUE/AGENDA
DEPT
COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
(Local Contract Review Board)
22, 1992 DATE SUBMITTED: Sept 10 1992
Bonita Road and PREVIOUS ACTION:
Si anal Bid Awar
PREPARED BY: Gary Alf son
CT4'V AnMTN OK REQUESTED BY:
Award the contract for construction of the Bonita Road and Hall Blvd Traffic Signal
Improvements. .
STAFF RECOMMENDATION
Authorize the City Administrator to sign a contract with Grasle Electric, a division
of Dynalectric Company.
INFORMATION SUMMARY
The Bonita Road and Hall Blvd Traffic Signal Improvements involves the construction of
a new traffic signal. The signal will be owned and operated by the state upon
completion. Three bids were received from contractors to perform the construction. The
bid results are as follows:
Grasle Electric
Tice Electric, Portland
Cherry City Electric, Salem
$112,849.00
$118,990.00
$122,504.00
The Engineer's estimate was $116,000.
PROPOSED ALTERNATIVES
1. Award the contract to the lowest responsible bidder.
2. Reject all bids.
FISCAL NOTES
The project is funded by the Traffic Impact Fees (TIF).
ga\ss-bonhl.ga
COUNCIL AGENDA ITEM 0, 3
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: _September 22. 1992 DATE SUBMITTED: 9/11/92
ISSUE/AGENDA TITLE: Collective PREVIOUS ACTION:
Bargaining Agreement - OPEU Executive Session 8/18/92
PREPARED BY: J. Deardorff e,4D
DEPT HEAD OK _ CITY ADMIN O REQUESTED BY. J. Deardorff
ISSUE BEFORE THE COUNCIL
A new collective bargaining agreement has been reached between the City of Tigard and
OPEU, Local 199.
STAFF RECOMMENDATION -
Approve new contract as proposed effective 7/1/92 through 6/30/95.
INFORMATION SUMMARY
The City and OPEU have been negotiating a new agreement since February 1992. Both parties
reached a'tentative agreement on 6-30-92. OPEU ratified the agreement on August 7, 1992. Formal
Council approval is necessary following the dicussion and approval in Executive Session, August 18,
1992.
PROPOSED ALTERNATIVES
1. Approve
2. Approve with modifications
FISCAL NOTES
Per new collective bargaining agreement.
TABLE OF CONTENTS
PREAMBLE . ■ . . ■ . . . ■ ■ . . ■ . ■ . . ■ . . . . . ■ ■ . ■ ■ . ■ . . .
i
ARTICLE 1 - RECOGNITION
Section 1. Bargaining Unit . . . . . . . . . . . . . . . . 1
Section 2. Non-Discrimination . . . . . . . . . . 1-2
Section 3. New Classifications . . . . . . . . . . . . . . . . . 2
ARTICLE 2 - SAVINGS CLAUSE 2
ARTICLE 3 - EMPLOYEE RIGHTS .
2
3
-
ARTICLE 4 - MANAGEMENT RIGHTS
ARTICLE 5 - UNION SECURITY
Section 1. Dues Checkoff . . . . . . . . . . . . . . . . .
3-4
Section 2. Fair Share
4
Section 3. Indemnification . . . . . . . . . . . . . . . . . . .
4
ARTICLE 6 - UNION RIGHTS
5
.
Section 1. Meetings with the City . . . . . . . . . . . . . . . .
5
Section 2. Negotiations . . . . . . . . . . . . . . . .
5
Section 3. Bulletin Boards . . . . . . . . . . . . . . . . . . .
5
Section 4. Personnel Policies . . . . . . . . . . . . . . . . . .
5
ARTICLE 7 - CITY SECURITY
6
5-
ARTICLE 8 - SENIORITY, PROBATIONARY PERIOD, POSTING,
PROMOTIONS, AND RECLASSIFICATION 6-8
Section
1.
Determining Seniority . . . . . . . . . .
• . ,6 '
Section
2.
Probationary Period . . . . . . . . . . . . . .
. • 6
Section
3.
Job Posting . . . . . . . . . . . . . . . . . . .
. . 6
Section
4.
Promotions . . . . . . . . . . . . .
. 7
Section
5.
Reclassifications . . . . . . . . . . . . . . . .
. 7-8
ARTICLE 9 - HOURS, OVERTIME AND PREMIUM PAY
. 8-10
Section
1.
Work Week . . . . . . . . . . . . . . . . . . .
. 8
Section
2.
Overtime . . . . . . . . . . . . . . . • •
. 9
Section
3.
Payment of Overtime . . . . . . . . . . . . . . .
. 9
Section
4.
Shift Change Premium . . . . . . . . . .
. .
9
Section
5.
Call-Back . . . . . . . . . . . . . . . .
9-10
Section
6.
Acting in Capacity . . . . . . . . . . . . . . . . .
. 10
ARTICLE 10 -
HOLIDAYS
10-11
C ARTICLE 11 -VACATION 11-12
Section 1. Accrual . . . . . . . . . . . . . . . . . . . . . . . 11
Section 2. Utilization . . . . . . . . . . . . . . . . . . . 11-12
ARTICLE 12 - BENEFITS 12-15
Section
1.
Life Insurance . . . . . . . . . . . .
. . . . . . . . 12
Section
2.
Medical Insurance . . . . . . . . . .
. . . . . . 12-13
Section
3.
Dental Insurance . . . . . . . . . . .
. . . . . . . . 13
Section
4.
Vision Insurance . . . . . . . . . . .
. . . . . . 13-14
Section
5.
Disability Insurance . . . . . . . . .
. . . . . . . . 14
Section
6.
Retirement . . . . . . . . . . . .
. . . . . . . . 14
Section
7.
Flexible Spending Account . . . . . .
. . . . . . . . 14
Section
8.
Part-Time Employees . . . . . . . . .
. . . . . . . . 14
Section
9.
Carrier Selection . . . . . . . . . .
. . . . . . 14-15
ARTICLE 13 - SALARIES 15-16
Section
1. Wage Rates . . . . . . . . . . . . . . . . . . . . .
. 15
15
Section
2. Probationary Step . . . . . . . . . . . . . . . . .
.
Section
3. Evaluations . . . . . . . . . . . . . . . . . . .
15-16
ARTICLE 14 -
TRAINING AND REIMBURSEMENT
T RRX,1EL
16-18
,
Section
1. Mileage Reimbursement . . . . . . . . . . . . . . .
. 16
Section
2. Expense Reimbursement . . . . . . . . . . . . . .
. 16
Section
3. Training . . . . . . . . . . . . . . . . . . . . . .
. 16
Section
4. Tuition Reimbursement . . . . . . . . . . . . . .
16-17
Section
5. Clothing Allowance . .
17
Section
6. Boot Allowance . . . . . . . . . . . . . . . . . .
17-18
18
Section
7. . . . . . . . . . . . . . . . . . . . . . . . . . .
.
ARTICLE 15 -
SICK LEAVE
18-19
Section
1. Accrual . . . . . . . . . . . . . . . . . . . . . .
. 18
Section
2. Utilization . . . . . . . . . . . . . . . .
18-19
Section
3. Physician's Certificate . . . . . . . . . . . . . .
. 19
Section
4. Termination and Retirement . . . . . . . . . . . . .
. 19
ARTICLE 16 -
OTHER LEAVE
19-20
Section
1. Bereavement Leave . . . . . . . . . . . . . . . .
. . 19
Section
2. Jury and Witness Duty . . . . . . . . . . . . . .
19-20
Section
3. Leave Without Pay . . . . . . . . . . . . . . . .
. . 20
Section
4. Military Leave . . . . . . . . . . . . . . . . . .
. . 20
Section
5. Parental Leave . . . . . . . . . . . . . . . .
. . 20
ARTICLE 17 - LAYOFF 21-22
Section
1.
Notice . . . . . . . . . . . . . .
. . . . . . . . . . 21
Section
2.
Order of Layoff . . . . . . . . .
. . . . . . . . . . 21
Section
3.
Bumping . . . . . . . . . . . . .
. . . . . . . . . . 21
Section
4.
Recall . . . . . . . . . . . . . .
. . . . . . . . . . 22
Section
5.
Severance Pay . . . . . . . . . .
. . . . . . . . . . 22
C
. . . .
•
•
•
ARTICLE 18 - DISCIPLINE AND DISCHARGE
22-2~
. .
C
. 22-23
.
• .
:
:
Section 1. Just cause . . . . . . . . . .
. . . .
Section 2. Suspension Pending investigation . . . . . • .
' '
, .
23
. , 23_24
Section 3. Due Process . • . • • • ' •
. 24
ARTICLE 19 - PERSONNEL RECORDS .
24
Section 1. File Access . . • • • . ' ' . . . . . . ,
Section 2. Removal of material •from File . . _
. . . .
, , . . 24
. . , , 24
Section 3. . • • • • • • ' . ' ' ' ' '
TRACTING AND SUBCONTRACTING OF WORK
. 25
.
ARTICLE 20 - CON
ARTICLE 21 - GRIEVANCE PROCEDURE
.
25-27
,
Section 1. Procedure . • • • • • • ' ' ' ' . : . . . .
. 27
,
Section 2. Time Limits . • • • • • • ' ' '
TERM OF AGREEMENT AND REOPENING
27
.
ARTICLE 22 -
APPENDIX A - SALARY RANGES AND JOB TITLES
28
.
C
C
PREAMBLE
This Agreement is entered into as of July 1, 1992, by the City of
Tigard Employees, OPEU Local 199, SEIU, AFL-CI, hereinafter
referred to as the "Union, and the City of Tigard,
referred to as the "City," for the purposes of collective
bargaining. t bis the etween purpose the above-tment oned document partiese on fomatterth
full Agreemen
relating to employment relations.
The City and the Union acknowledge that during the negotiations
o any
which resulted in this Agreement, each had the w n imite spectd
opportunity to make demands and proposals
subject or matter not removed by law from the area of collective
bargaining, and that the understandings and agreement arritydaat
by the parties after the exercise of that right and opportuni
and the
set forth in full in this Agreement. Therefore, the City and
Union, for the life of this Agreement, each voluntarily
unqualifiedly waive the right, and each agrees that the other shall
not be obligated to bargain collectively with respect to any
subject or matter referred to or covered in this Ag referred or with
respect to any subject or matter not specifically to or
covered in this Agreement, even though such subject or matter may
not have been within the knowledge or contemplation of either or
both of the parties at that time that they negotiated or this Agreement.
ARTICLE 1 - RECOGNITION
Section 1 Bargaining Unit: The city recognizes the Oregon Public
Employees Union as the sole and exclusive bargaining agent, for the
purpose of establishing wages, hours, and conditions of employment,
employees Exhibit "A" ,schfor all eduled tolworkm40
for the ees classiications
regular empl mployy part-time employees (those
hours per week) and for all regular, pa per week,
employees regularly scheduled to work
All seasonal employees (those
but less than 40 hours per week).
hired to work for a fixed period of time which is less than one ed to work year), casual, irregular and all other employeesuare excluded from
than 20 hours per week),
the bargaining unit. Any employee employed on a temporary basis
will be excluded from the bargaining unit, provided that if such
employee works 0fullhours
orlregular part-timeoase the tcases maylbe,
changed to regular
for purposes of this Agreement.
Section 2. Non-Discrimination: This Agreement shall be applied
shUni all bare equallyfthe
equally to all employee reason. Union
discrimination for any
responsibility for applying the provisions of this paragraph. ^
city of Tigard and OPEU - Expiration Date: June 30, 1995
Inasmuch as both State and Federal law include mechanisms for the
resolution of discrimination issues, the Union and the City agree
that the provisions of thi-- Section may be used as the basis for a
Step 1 through Step 3 grievance, but shall not be pursued to step
4 - Arbitration, or otherwise cited as the basis for a claim of a
violation of this Agreement.
Section 3. New Classifications: The City shall notify the Union
of its decision to change an existing or add a new classification
by sending a copy of the new or revised classification description
to the Union. The City shall also notify the Union of any change
in job duties of an existing classification if such a change may
affect the employee's representation status. The City shall also
advise the Union as to whether or not it regards the new or revised
classification or position to be within or outside the bargaining
unit. If the City and the Union cannot agree as to whether or not
such new or revised classification or position should or should not
be included in the bargaining unit, the dispute shall be submitted
to the Employment Relations Board. The party that is proposing to
change the status quo shall submit the request to the Board. When
the parties are unable to agree as to the representation status of
such new or revised classification or position, the City shall have
the option of leaving the position vacant or filling the position
at a provisional wage rate until the issue is resolved. If such a
position is filled on a provisional basis and if there is a
subsequent adjustment in the wage rate, such adjustment shall be
retroactive to the date that the position was filled. The Union
` shall have the right to bargain over the appropriate salary ranges
for any new or substantially changed classification within the
bargaining unit.
ARTICLE 2 - SAVINGS CLAUSE
If any Article or Section of this Agreement or any amendment
thereto should be held invalid by operation of the law, or by any
lawful tribunal having jurisdiction, or if compliance with or
enforcement of any Article or Section should be restricted by such
tribunal, the -remainder of this Agreement and addenda shall not be
affected thereby, and the parties shall enter into immediate
collective bargaining negotiations for the purpose of arriving at
a mutually satisfactory replacement for such Article or Section.
ARTICLE 3 - EMPLOYEE RIGHTS
Employees shall have the right to form, join, and participate in
the activities of employee organizations of their own choosing, for
the purpose of representation on matters of employee relations.
Employees shall have the right to refuse to join or participate in
C City of Tigard and OPEU - Expiration Date: June 30, 1995 2
the activities of any employee organization. No employee shall be
interfered with, intimidated, restrained, coerced, or discriminated
against by the City or by any employee because of his/her exercise
of these rights.
ARTICLE 4 - MANAGEMENT RIGHTS
The City Administrator and department heads shall exercise the sole
responsibility for management of the City and direction of its work
force. To fulfill this responsibility, the rights of the City
include, but are not limited to: establishing and directing
activities of the City' s departments and its employees, determining
new and method ot
services to be rendered he stand r introduction service of
operation, including romoti equipment;
;
establishing procedures and standards for employment and p
layoff, transfer, and demotion; to discipline or discharge for just
cause; determine job descriptions; determine work schedules and
assign work, and any other rights, except as expressly limited by
the terms of this Agreement. In all matters not specifically
limited by this contract, the City shall have a clear right to make
and to implement decisions in all such areas on a unilateral basis.
All such decisions and actions shall not be subject to the contract
grievance procedure or other claim of a violation of this
Agreement.
ARTICLE 5 - UNION SECURITY
Section 1. Dues Checkoff: The City, when so authorized and
directed in writing by an employee member of the bargaining unit on
bargaining
the authorization form provided by the City, will deduct unit dues and insurance premiums from the wages of such employee.
The City will not be held liable for check-off errors but will make
proper adjustments when notified of errors as soon as is practical.
It is also agreed that neither any employee nor the Union shall
have any claim against the City for any deduction made or not made,
as the case may be, unfive (45)acalendarrdayssafter thewdatensuch
the City within forty-
deductions were or should have been made.
For all dues deduction authorizations received on or before the
10th of the month, dues deductions shall be made for the month in
which the application -is submitted. Dues will contin?ie to be
deducted until the employee rescinds the request in writing.
Copies of all such requests for dues cancellation shall be
transmitted to the Union. The Employer will also notify the Union
in writing of changes or proposed changes in any employees' dues or
fair share status under Article 5 of the Agreement.
C city of Tigard and OPEU - Expiration Date: June 30, 1995 s
C The aggregate deductions of all employees, together with an
itemized statement, shall be remitted to the Union no later than
the 10th day of the month following the month for which the
deductions were made. The itemized listing of the Union members
shall reflect employees' terminations, retirements, cancellations,
leave without pay, return from leave without pay, new members,
salary change, new changes, or any other personnel action which
would reflect the amount of dues withheld.
The City agrees to automatically adjust the dues amount for
employees whose salaries increase or decrease during the term of
this Agreement.
Section 2. Fair Share: Employees covered by the terms and
conditions of this Agreement and who have not authorized the
deduction of dues pursuant to Section 1 hereof shall have payments
in lieu of dues (fair share) deducted from their pay for
transmittal to the Union in accordance with the provisions of
Section 1 hereof. The amount of the fair share payment shall be
the bona fide cost of representation as certified in writing by the
Union to the City and shall not exceed the dues required of
employees who are members of the Union. The City shall notify all
newly hired employees of this requirement at the time of
employment. The names of all newly hired employees under this
Agreement will be submitted to the Union President within ten (10)
days of their date of hire.
Bargaining unit members who exercise their right of non-association
only when based on a bona fide religious tenet or teaching of a
church or religious body which such employee is a member, shall pay
an amount of money equivalent to regular monthly dues to a non-
religious charity or to another charitable organization mutually
agreed upon by the employee and the Union. Such payment shall be
remitted to that charity by the City within ten (10) calendar days
of the time dues or fair share payments will have been taken out of
the employee's paycheck. The City shall, within ten (10) calendar
days of its receipt, send a copy of such certification to the
Union: If an employee fails to provide certification to the City
by the 10th day, the City shall resume dues or fair share
deductions until such notice is provided.
Fair share payments shall be deducted from the wages of non-member
employees in accordance with ORS 243.672(1)(c). The aggregate
deductions of all fair share payers shall be remitted, together
with an itemized statement, to the Union no later than the 10th day
of the month following the month for which deductions were made.
Section 3. Indemnification: The Union will indemnify, defend, and
hold the City harmless against any suit instituted against the City
as a result of any City action taken pursuant to the provisions of
this Article.
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City of Tigard and OPEU - Expiration Date: June 30, 1995 4
C-7
r- 71
ARTICLE C - UNION RIGHTS
steward
Section 1. Meetin s with the Cit : A Union evolved inloa
repres entativeand employees who are directly
grievance shall be allowed to attend meetings
The Union
particular without loss of regular pay.
attend
representatives of the City or employees it shall
shall advise the City as to which employee is set, and
the responsibilwhenity the time for the meeting to ee to provide
ht to change the time of any supervisor.
advance notice of the meeting
The City reserves the operations.
unduly disrupts City Section 2. Ne otiations: The negotiating team of the Union, to be
4 employees, each from a
diffecompriserent d department, not more more shall than be four
perm tted to attend negotiation pay meetings with City representatives witho the loss of :r work hours of regula
the such involved employeeares. scheduled during
to the above provided time off for negotiations, each of the Union's bargaining team members shall
hours for
be released from duty for up to a total of three the course of
negotiation preparations and related activity during
negotiations.
Bulletin Boards: The City agrees to furnish and
Section 3. ace in convenient places to be
maintain suitable bulletin board sP posting of notices
used by the Union. The Union shall limit its po agrees that the
and bulletins to such bulletin boards. The The Union agrees
Union may utilize the inter-office electronic mail system as
another form of communication between employees. onion agrees or
that the E-Mail system will not be used to discuss ne
to transmit confidential material such as grievance information.
The Union agrees to restrict the use of E-Mail to activities not
prohibited by the contract.
shall submit a copy of
Section 4. Personnel Policies: The C it ypersonnel Policies and
any proposed revisions to the city'
Procedures Manual to the Union for comment before such revisions
are adopted.
The Union shall be provided a copy of any work rules or other written memoranda that are distributed to all emptoYees The in City the City
s
or to all employees of a department of the City.
maintain an up-to-date genera10ffi.ce pr Wridtten departmental
shall be available in the Personnel
policies and procedures will be made available in the department.
ARTICLE 7 - CITY SECURITY
The union agrees that during the term of this contract its
City of Tigard and OPEU - Expiration Date: June 30, 1995 5
C
membership will not participate in a strike, work stoppage,
sympathy strike, slowdown, or other interruption of work. Any
violation of this Article shall be grounds for disciplinary action
up to and including discharge. There shall be no lockout of
eatpioyees during the term of this Agreement.
ARTICLE 8 - SENIORITY, PROBATIONARY PERIOD, POSTING,
PROMOTIONS, AND RECLASSIFICATION
Section_ 1. Determining Seniority: For the purpose of this
Agreement, seniority shall be defined as an employee's length of
continuous service with the City from the most recent date of hire
in a regular, full-time or regular, part-time bargaining unit
position. No employee who has accrued seniority as of the date of
the Agreement will lose seniority by reason of this provision.
Section 2. Probationary Period:
(a) New Employee: The probationary period shall be six (6)
months for all new employees. By mutual agreement of the
City and the Union, an extension of the probationary
period for a maximum of three (3) months may be
implemented. During the probationary period, an employee
by be discharged at the sole discretion of the City
without any reasons or cause being shown.
(b) Promoted or Transferred Employee: A newly promoted or
transferred employee will be subject to a probationary
period of six (6) months in the new classification. By
mutual agreement of the City and the employee, an
extension of the probationary period for a maximum of an
additional three (3) months may be implemented. During
a promotional or transferee probationary period, an
employee will continue to be considered a regular
employee, will continue to accrue seniority, and shall be
protected in discipline and discharge procedures on the
same basis as other regular employees. However, during
such a promotional or transferee probationary period
employee may be returned to his/her previous
classification at the sole discretion of the City.
Written notice to the employee of the reasons for the
action shall be provided. Employees shall have the right
to return to their previous classification during the
probationary period at their request.
Section 3. Job Posting: All vacancies to be filled shall be
posted on appropriate bulletin boards for at least five (5) days
prior to the application deadline.
City of Tigard and OPEU - Expiration Date: June 30, 1995
Section 4. Promotions: The parties agree that the most qualified
applicant for a promotional opportunity will be given preference in
filling any such vacancy. Employees shall be granted interviews
and shall be given full consideration for all promotional
opportunities, if they meet the qualifications. In cases where two
(2) current City employees are considered, in the judgment of the
City, to be equally qualified for a promotion, the promotion shall
be given to the employee who has the greatest seniority. At the
time of the promotion, an employee shall receive a pay increase of
at least five percent (5%) . The promoted employee's pay rate shall
not, however, exceed the established pay range for the
classification to which he or she is being promoted. Any employee
who is interviewed for a position, and who is not selected, shall
upon request, be entitled to a meeting with his or her supervisor
to discuss actions he or she might take to become a more viable
candidate for future openings.
Section 5. Reclassification: If an employee has good reason to
believe that the duties of his/her position are no longer
consistent with the classification to which he/she is assigned, a
classification review request may be submitted in writing to the
employee's supervisor. The classification review request shall
detail the specific changes in job duties that have occurred since
the effective date of this Agreement or the specific
inconsistencies that exist between his/her job duties and current
classification. If the matter is not resolved between the employee
and supervisor, the employee may within thirty (30) days following
the employee's written classification review request submit a
written classification review request to the department head. The
City shall have thirty (30) days to review and respond to a
classification review request and shall have an additional thirty
(30) days if an outside consultant is to be retained for the
purpose of reviewing the request. Wage adjustments which may
result from this process may involve either an increase or a
reduction in the employee's compensation, in no case retroactive
for more than thirty (30) days previous to the date the written
classification review request is submitted to the supervisor under
this Section 5. No classification review request may be submitted
by an employee during the period of his or her probationary service
with the City. An employee's merit review date will not be changed
by reason of reclassification under this Section 5.
The foregoing shall not be construed as preventing the City from
exercising its right to transfer employees, to assign job duties,
to define and redefine the job duties of any position, and upon its
own initiative to reclassify positions pursuant thereto.
When a position is reclassified, the incumbent who is subject to
the reclassification shall be paid as follows:
(a) If the new classification has a higher maximum rate of
pay, the employee shall be paid the minimum rate of the
new classification or his/her current rate of pay plus
City of Tigard and OPEU - Expiration Date: June 30, 1995 7
C five percent (5%) whichever is greater. If the
employee's current rate of pay exceeds the maximum rate
of pay of his/her new classification, the employee shall
be maintained at his/her current rate of pay until such
time as the maximum rate of pay of the new classification
exceeds his/her current pay.
(b) If the new classification has a lower maximum rate of
pay, the employee shall receive his/her existing rate of
pay but shall not be eligible for cast-of-living
increases until such time as the established maximum pay
rate for the new classification exceeds his/her rate of
pay. If the employee works in such new classification as
a result of employee request or in lieu of layoff the
employee will be paid the applicable rate of pay for the
lower classification given the length of the employee's
service.
All reclassifications shall be effective upon the first of the
month following the month in which the reclassification request was
submitted to the City. No grievance regarding an employee's
classification assignment may be filed until after the provisions
of this Section have been exhausted. If a grievance regarding an
employee's classification assignment is pursued to arbitration, the
arbitrator shall be bound to the standards contained in this
Section in making his/her determination.
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ARTICLE 9 - HOURS, OVERTIME, AND PREMIUM PAY
Section '1. Work Week: The work week, consistent with the
operating requirement of the City, shall be a 5-8, 4-10, flexible
or part-time as follows:
(a) A 115-8" work schedule shall consist of five (5)
consecutive days of eight (8) work hours each.
(b) A 114-10" work schedule shall consist of four (4)
consecutive days of ten (10) work hours each.
(c) A "flexible" work schedule shall be equal in total hours
worked during the pay period to that of a 115-8" employee
but shall have no maximum or minimum number of work hours
per day or work days per week. Such work schedule shall
not be in effect unless agreed upon in advance by the
individual affected employee and the City.
(d) "Regular part-time" employees shall be scheduled to work
a portion of any of the above-specified schedules.
City of Tigard and OPEU - Expiration Date: June 30, 1995 8
Section 2. Overtime: The City
application of ORS 279.340 andndshthe all U utilize agree e the following
provisions in determining compensation for overtime:
All authorized work shall be compensated at the rate of time-and-
one-half for work under the following conditions:
(a) Employees assigned to a 5-8 schedule shall receive
overtime credit for for eight any work after any wo k performedon(t
work day, any he 6th or 7th
day of the employee's work week.
(b) Employees assigned to a 4-10 schedule shall receive
overtime credit for any k work after performed eon (the 5th, aor
work day and for any work
7th day of the employee's work week.
(c) Employees assigned to a flexible work schedule shall
receive overtime credit for all authorized work hours
that exceed 40 hours per week.
All overtime pay shall be computed to the nearest one-quarter (1/4)
hour. Under no conditions will overtime be paid twice for the same
hours work.
Section 3. Payment of Overtime: Overtime that n Which s he ul ked
compensatory time off during the pay pe
shall be paid in cash or, at the option of the employee, be taken
of pton the he mpldurioyee
as time off. The time shall be scheduled
request, consistent with the operating needs
the following four (4) month period. If the time cannot be
scheduled after three employee requests, the employee's fourth
request to schedule time off during the four (4) month period shall
be accommodated. Time off not requested or scheduled within four
(4) months or accrual shall be paid for. A permanent record of the
overtime accrued shall be available to the employees for inspection
upon request. All accrued compensatory time shall be paid in cash
upon termination of employment with the City.
Section 4 Shift Change Premium: If an employee's regularly
(7) days
scheduled work hours are changed with less than se the modified
advance notice, those hours upon the first day o
schedule that fall outside of the o g a ly scheduled hours sshal hall
be paid at the overtime rate. The provisions not apply if the change in work hours is at the request of the
employee or is the result of an unforeseeable circumstance, such as
inclement weather.
Section 5. Call-Back: Any employee who has completed his/her work
day and departed the City's premises upon completion of said day
and is then called back to work more than two (2) hours before the
start of his/her next normal shift will receive a minimum of two
( 9
City of Tigard and OPEU - Expiration Date: June 30, 1995
C (2) hours pay at time-and-one-half of the employee's regular rate
of pay. In the event such a call-in occurs less than two (2) hours
prior to the start of the employee's next normally scheduled shift,
the employee shall receive overtime pay until the start of his/her
regular shift, at which time he/she will begin receiving
compensation at his/her regular straight-time rate.
Section 6. Acting in Capacity The parties agree to strive to
encourage and provide on-the-job training for employees.
When an employee is assigned for a limited period to perform any
substantial portion of duties relative to tasks assigned in a
higher level of classification for more than fifteen (15)
consecutive or nonconsecutive days (eight (8) hours or any portion
thereof), that employee shall be paid premium pay of ten percent
(10%).
An employee performing duties out of classification for training
and developmental purposes shall be so informed in writing, and it
shall be mutually agreed to by the supervisor and the employee.
The notice shall state the purpose and length of assignment.
During the training, there shall be no extra pay for the work. A
copy of the notice shall be placed in the employee's file.
Any City employee who, in addition to his/her regular duties, is
functioning as a lead worker to three (3) or more Community Service
Workers performing work for the City at the direction of the Court
shall qualify for acting in capacity pay under this Section 6.
ARTICLE 10 - HOLIDAYS
The City of Tigard shall observe the following paid holidays:
New Year's Day
Martin Luther King Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
One (1) floating holiday
If a holiday falls on a Saturday, it will be observed on the
previous Friday; if it falls on a Sunday, it will be observed on
the following Monday.
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City of Tigard and OPEU - Expiration Date: June 30, 1995 10
A regular full-time employee shall receive eight (8) hours pay for
each of the holidays listed above on which he/she performs no work,
provided the employee works the scheduled day before and the
scheduled day following the holiday unless the employee is on paid
leave status. If an employee is required to work on any of the
holidays listed above, he/she shall be compensated for all hours
worked at the rate of time-and-one-half with a minimum guarantee of
two (2) hours work.
Holiday benefits for regular, part-time employees (twenty (20)
hours per week or more) shall be granted on a prorated basis (hours
per week worked divided by forty (40)) provided the employee has
worked an average of twenty (20) hours per week in the preceding
calendar month and the employee works the employee's scheduled day
before and day after the holiday or is on paid leave status. In
the first month of employment average hours worked per week will be
determined on the basis of weeks worked in the month, fractional
weeks excluded.
ARTICLE 11 - VACATION
Section 1. Accrual: Full-time employees shall accrue vacation
days at the following rates:
0 to 6-month probation period No monthly accrual,
- 20 hours of vacation
credited upon
successful completion
of probationary
period.
6 months to 1 year of service
7.0
hours/month
After
the
1st anniversary
of service
8.0
hours/month
After
the
5th anniversary
of service
10.0
hours/month
After
the
10th anniversary
of service
12.5
hours/month
After
the
15th anniversary
of service
14.0
hours/month
After
the
20th anniversary
of service
16.0
hours/month
A part-time employee shall accrue vacation on a prorata basis based
upon the relationship regular paid hours per week and forty '(40).
Notwithstanding the above-specific rates of vacation accrual, no
employee shall be allowed to accumulate vacation in excess of one
hundred-sixty (160) hours. It shall be the responsibility of each
employee to schedule sufficient vacation so that he or she is not
denied accrual of additional vacation.
Section 2. Utilization: Vacation periods shall be scheduled at
the mutual agreement of the City and the individual employee based
on the employee's request, seniority, and the operational needs of
City of Tigard and OPEU - Expiration Date: June 30, 1995 11
the City. Once scheduled, there will be no vacation scheduling
bumping.
An employee shall also be allowed to convert up to two (2) weeks of
accrued vacation time into cash, provided he or she is also taking
at least one (1) week of vacation time off.
All regular employees shall be entitled to payment for unused
vacation leave upon separation from City service. In the event of
death, the employee's heirs will be entitled to payment for unused
vacation leave.
Approved vacation leave may not be canceled by the City except in
the event of an emergency which creates an abnormal work load or
other condition not under the control of the City. In the event of
such condition or emergency, the employee shall be notified of the
cancellation in writing. Unrecoverable transportation or lodging
deposits, provided the employee notified the City of same at the
time that the vacation was canceled, will be paid by the City if
the employee produces proof of such unrecoverable deposits.
ARTICLE 92 - BENEFITS
Section 1. Life Insurance: The City shall provide each employee
with a $25,000 group term policy and will pay one-hundred percent
(100%) of the premium.
Section 2. Medical Insurance. The City agrees to provide League
of Oregon Cities Blue Cross Plan II/PPO coverage or substantially
equivalent coverage for each employee and all enrolled dependents,
subject to the following:
a) Effective as of the first day of the month following
ratification the City will make up to the following medical
insurance contributions:
Class of Coverage Maximum
1 - Blue Cross Plan II/PPO City Contribution
Employee only $117.05
Employee + one $293.05
Employee + two or more $352.80
Employees electing Blue Cross Plan IV-A or Kaiser medical
coverage will be responsible for any additional cost required
by the difference between the premium for the class of
coverage under Plan II and the premium for the same class of
coverage under Plan IV-A or Kaiser.
City of Tigard and OPEU - Expiration Date: June 30, 1995
12
2 - Effective 7-1-93 increase maximum City contribution at
each level by 12.50.
3 - Effective 7-1-94 increase maximum City contribution at
each level by 12.5% above 7-1-93 maximum.
4 - Should combined health, dental, and vision premiums for
employee + two or more coverage effective 7-1-93, or 7-1-
94, increase by 150 or more the parties shall at the
request of either party reopen discussion concerning the
restructuring of contribution rates and/or a
restructuring of benefits. Modifications will be made by
mutual agreement.
Section 3. Dental Insurance. Effective as of the first day of the
month following ratification the City will make up to the following
dental
insurance contributions:
Class of Coverage Maximum
1
- Blue Cross Plan II-Dental City Contribution
Employee only $ 17.25
Employee + one $ 29.80
Employee + two or more $ 51.75
2
- Effective 7-1-93 increase maximum City contribution at
C
each level by 12.5%.
_
3
- Effective 7-1-94 increase maximum City contribution at
each level by 12.5% above 7-1-93 maximum.
4
- Should combined health, dental, and vision premiums for
employee + two or more coverage effective 7-1-93, or 7-1-
94, increase by 15% or more the parties shall at the
request of either party reopen discussion concerning the
restructuring of contribution rates and/or a
restructuring of benefits. Modifications will be made by
mutual agreement.
Section 4. Vision Insurance. Effective as of the first day of the
month following ratification the City will make up to the following
vision insurance contributions:
Class of Coverage Maximum
1 - Blue Cross Plan II-Vision City Contribution
Employee only $ 6.11
Employee + one $ 6.11
Employee + two or more $ 6.11
2 - Effective 7-1-93 increase maximum City contribution at
each level by 12.5%.
City of Tigard and OPEU - Expiration Date: June 30, 1995
13
3 - Effective 7-1-94 increase maximum City contribution at
each level by 12.5% above 7-1-93 maximum.
4 - Should combined health, dental, and vision premiums for
employee + two or more coverage effective 7-1-93, or 7-1-
94, increase by 15% or more the parties shall at the
request of either party reopen discussion concerning the
restructuring of contribution rates and/or a
restructuring of benefits. Modifications will be made by
mutual agreement.
Section 5. Disability Insurance. The City agrees to provide
disability/salary continuation insurance at 66-2130 of base salary,
not to exceed $2,000 per month, to provide coverage after sixty
(60) days of disability.
Section 6. Retirement. The City shall continue to contribute
twelve percent (12%) of each employee's gross pay to that
employee's established 401A retirement account. During the term of
this Agreement the City's contribution will be increased to the
following:
1 - Effective 7-1-93. Increase City contribution to 13.0%
under current plan.
2 - Effective 1-1-94. Increase City contribution to 13.5%
under current plan.
3 - Effective 7-1-94. Increase City contribution to 14.0%
under current plan.
Section 7. Flexible Spending Account. Effective 1-1-93 (open
enrollment commencing 12-1-92) the City will initiate a flexible
spending account including such options as are available under IRS
requirements and specifications.
Section 8. Part-Time Employees. Employees who are regularly
scheduled to work thirty-two (32) or more hours per week shall
receive all benefits specified in Section 1 through 7, above.
Employees who are regularly scheduled to work less than thirty-two
(32) hours shall receive a City contribution equal to fifty percent
(50%) of the cost of such benefits if the employee elects to pay an
equal amount via payroll deduction.
Section 9. Carrier Selection: The City reserves the right to
provide the insurances and other benefits outlined above through a
carrier of its choice. The City shall notify the Union of any
changes in insurance carrier or other carriers at least thirty (30)
days prior to the change.
The parties agree that all insurance and other benefits are subject
City of Tigard and OPEU - Expiration Date: June 30, 1995 14
to the terms and conditions of contracts and/or agreements between
the City and the insurer(s).
ARTICLE 13 - SALARIES
Wage Rates. The salary range for each classification
Section 1
shall be as set forth in Appendix A hereof.
Effective 7-1-92. 3% across-the-board, plus attached
a)
specific adjustments.
b) Effective 7-1-93. Across-the-board increase equal West Co
100% of the percentage change in the W, maximum
January 1, 1992 to January 1, 1993, minimum
6% salary adjustment.
Effective 7-1-94. Across-the-board increase equal to
C) ercentage change in the CPI-W, West-C,
January of 1, 1 the 99 p 3, to January 1, 1994, minimum 3%, maximum
January
6% salary adjustment.
d) Plus attached specific adjustments. (Per Exhibit A)
Section 2 Probationarfo t their eclassificationa and advanced five
the range established
percent (5%) effective with the first full pay period following
completion of their probationary period.
Section 3. Evaluations:
the first two (2) years of employment employees will be
(a) During
evaluated in writing every six (6) months. Thereafter,
employees will be evaluated in writing a minimum of oncem re
year of employment. Employees may be evaluated
frequently at the discretion of the supervisor. The results
and the
of an evaluation shall be reviewed with the employee ee written
employee may within seven (7) days thereafter attach
comments or objections s to the evaluation. An evaluation shall
procedure.
not be subject to grievance
range
(b) All periodic salary increases within the salary
established in Appendix A shall be contingent upon
satisfactory performance review which shall be upon writt the
written evaluation as indicated in an employee
(10)
performance e erformance evaluation yn t shall his or
her written performance
days prior to the employee's merit review date. An employee
who has received no periodic salary increase within the
applicable salary range as a result of an evaluation of less
than satisfactory performance may file a written grievance
City of Tigard and OPEU - Expiration Date: June 30, 1995 15
C
under Article 21 within seven (7) days following notice of no
increase.
increments
(c) A seven (7) step salary schedule, five percent (5)
between annual steps beginning upon successful completion of
the probationary period and annually thereafter is set forth
th in
in Exhibit and Addendum A. Movement
erformances asarsetc fodul
performance
conditioned upon satisfactory
Section 3(b) hereof.
ARTICLE 14 - TRAVEL., TRAINING AND REIMBURSEMENT
Milea a Reimbursement. Whenever an employee is
section 1• ersonal vehicle in performance of
authorized to use his/her p
official City duties, he/she shall be compensated at the standard
IRS-allowed rate (as of May 20, 1987, 21.5 cents/mile). ide Section Ex ante RC sh 11 reimburseeempl yees for ne essary
City is required, the Y and other expenses
and reasonable receipted meal, lodging,
Section 3 Traininq
er diem and
(a) Assigned Training: In addition to receiving a d for as hours
lodging, assigned training time shall be p is involved,
worked. Travel time, provided no overnight stay
shall also be paid for as hours worked.
This provision shall also apply to training which is necessary
in order to acquire or maintain date uof eemployment aby, the
license following the employee's
City.
that is not assigned may be with
(b) Voluntary Tr2, n : Training
or without pay reimbursement of expenses andrtuition costsmay
or
the discretion of the City. Such training
also be subject to such other conditions and restrictions as
The employee shall be
the City in its discretion may specify. roved as to
advised at the time that the training is app
whether the training is considered assigned or voluntary
training.
Section 4. Tuition Reimbursement. The City will reimburse an 0%) of employee for one hundred outsideOthe employee 'stregulartworking
fees for courses conducted oopportunity for the development of
hours to provide employees an additional skills which joare directly bs which relatedretaosthe
an employee's job or r
to e made with or transfer opportunities. This reimbursement
such reimbubrsement made
the provision that the employee requesting
City of Tigard and OPEU - Expiration Date: June 30, 1995 16
e~ application for approval of the course and tuition reimbursement to
t his/her department head prior to the registration deadline for such
course. The employee must show evidence of a "C" or better or
passing (when no grading is used) or must reimburse the City of all
costs advanced-to the employee for the course.
(a) If the class taken was related to the employee's current
position, and the employee is separated from the City service
for any reason except involuntary dismissal within one (1)
year of the date of the reimbursement, it shall cause fifty
percent (50%) of the amount reimbursed within such year to be
deducted from the employee's final paycheck.
(b) If the class was related to reasonable promotion or transfer
opportunities, and the employee is separated from City service
for any reason except involuntary dismissal within one (1)
year, it shall cause one hundred percent (100%) of the amount
reimbursed to be deducted from the employee's final paycheck.
If the employee terminates for any reason except involuntary
dismissal within two (2) years, it shall cause fifty percent
(50%) of the amount reimbursed to be deducted from the
employee's final paycheck. Educational courses which are only
offered during regular working hours may be approved by the
department head provided time off can be conveniently arranged
and arrangements can be made to make up time off the same
week.
C_ Section 5. Clothing Allowance. On July 1, each employee listed in
this section, shall receive a credit of seventy dollars ($70) for
a clothing allowance. Upon presentation of a receipt, employees
shall be reimbursed for clothing. Employee classifications
qualifying for this clothing allowance are:
Building Maintenance Specialist
Building Inspector C Level
Building Inspector B Level
Building Inspector A Level
Codes Enforcement Officer
Engineering Tech. I
Engineering Tech. II
Engineering Tech. III
Mechanic
Utility Worker
Senior Utility Worker
Any employee who is hired after July 1st of any year shall be
eligible for a prorated clothing reimbursement based upon that
portion of the year that remains to be worked before the next July
1st.
Section 6. Boot Allowance. All employees who are directed to
wear steel toed foot wear on the job shall be reimbursed upon the
City of Tigard and OPEU - Expiration Date: June 30, 1995 17
C purchase of steel toed foot wear, receipt required, one (1) pair
per year, annual maximum eighty dollars ($80). This allowance may
be used for repair, receipt required, reimbursement limited to
actual cost of repairs. Employees who are directed to wear steel
toed foot wear may combine the boot and clothing allowance for the
purpose of buying steel toed foot wear only, receipt required,
combined annual maximum one hundred-fifty dollars ($150).
Section 7.
The clothing allowance provided under this provision shall be
applicable only to reimburse eligible employees, on presentation of
receipt, for outer garments worn in the course of their duties. If
a new employee voluntarily leaves the employ of the City within the
first six months of employment, the employee shall be required to
reimburse the City for clothing allowance received during the
probationary period.
ARTICLE 15 - SICK LEAVE
Section 1. Accrual. Regular full-time employees shall receive
eight (8) hours of sick leave for each full calendar month of
service. A part-time employee shall accrue sick leave on a prorata
basis based upon the relationship between regular paid hours per
_ week and forty (40). There shall be no limit on the amount of sick
leave that an employee may accrue.
Section 2. Utilization. Accrued sick leave shall be available for
use on the regularly scheduled work days that occur from the first
through the 59th calendar day of the employee's disability that is
due to illness or injury.
In the event an employee is to be absent from work because of
his/her sickness or injury, the employee shall notify the
supervisor as soon as possible of the expected absence and the
nature and expected length thereof.
An employee may also use sick leave where there is an illness in
his/her family which necessitates making arrangements for the ill
relative. For the purpose of this Section, members of an
employee's family shall mean: relatives and dependents domiciled
in the employee's household.
Sick leave benefits shall not be available for any illness or
injury that is or could be covered by Worker's Compensation
benefits provided by the City or another employer, however, if the
employee is injured while on the job with the City the following
shall apply:
City of Tigard and OPEU - Expiration Date: June 30, 1995 18
1. If the duration of the absence from work is less than fourteen
(14) days, the day of the injury and the subsequent two (2)
calendar days may be charged to sick leave.
2. For the first ninety (90) days of such temporary disability,
the City shall continue to make the same contribution to all
benefit programs specified in Article 12 - Benefits, as would
have been made if the employee had worked his/her regularly
scheduled hours of work.
The abuse of sick leave shall be grounds for denial of sick leave
for the period of time involved and shall in addition be grounds
for disciplinary action. It is recognized that patterns of
recurring sick leave utilization in relation to weekends and
holidays, when not verified by a physician's certification of
illness or injury, may be evidence of sick leave abuse.
Section 3. Physician's Certificate. Sick leave benefits shall not
be paid for any absence that is for forty (40) consecutive work
hours or more unless the employee presents a physician's statement
upon return to duty.
For absences of less than forty (40) consecutive hours, the City
may, by prior notification to the employee, require a physician's
certification of illness. When verification is required for
absences of less than forty (40) hours, the City will reimburse the
employee for any out-of-pocket physician expenses that result.
Section 4. Termination and Retirement. An employee who retires
from City service shall receive an additional retirement plan
contribution that is equal to fifty percent (50%) of the cash value
in wages of all accrued sick leave. An employee shall be
considered to have retired from City service only if he or she
begins receiving Social Security retirement (not disability)
benefits upon termination of City employment, or if he or she has
thirty (30) or more years of service with the City.
ARTICLE 16 - OTHER LEAVE
Section 1. Bereavement Leave. In the event of a death in the
employee's family, up to five (5) days of necessary time off for
travel, making funeral and other arrangements and for funeral
attendance shall be allowed. For the purpose of this Article, an
employee's family shall mean: spouse, parent, children, step-
children, brother, brother-in-law, sister, sister-in-law, mother-
in-law, father-in-law, grandparents, grandchildren and any other
person who is a dependent of the employee.
Section 2. Jury and Witness Duty. Employees shall be granted
leave with pay for service on a jury or when under court subpoena
C_
City of Tigard and OPEU - Expiration Date: June 30, 1995 19
as a disinterested witness, provided the employee shall seek all
fees due him/her for jury or witness duty, except mileage
reimbursement, and turn said fees over to the City. Upon being
excused from jury or witness duty for any day, an employee shall
immediately contact his/her supervisor for assignment for the
remainder of that workday. Employees will not be paid for travel
time except to travel from work to court or return from court to
work during the employee's regular work hours, or any hours short
of eight (8) hours which are not served at court. Overtime will
not be paid for any time served beyond eight (8) hours a day. If
the employee is dismissed before 5:00 p.m., and the supervisor
determines he/she does not need to report back to work, vacation or
comp time may be used for the rest of the day. The employee's time
sheet must reflect time of arrival, time off for lunch and time of
release by the court.
Time off from work for appearances in court and other proceedings
other than as provided above, shall be charged to accrued vacation
time, compensatory time or leave without pay.
Section 3. Leave Without Pa
A regular employee who has completed his/her probationary period
may be granted a leave of absence without pay for up to twelve (12)
months when the work of the employee's department will not be
seriously handicapped by his/her absence and when there is good
C_ cause for the leave. Requests for such leave must be in writing
and must establish reasonable justification for the approval by the
City. Benefits, sick leave and service credits shall not continue
to accrue for any period in which an employee is on unpaid leave
status under this Section 3.
Section 4. Military Leave. Leaves of absence on a paid or non-
paid basis shall be as provided by ORS and the Veteran's Re-
employment Rights Law, Title 38, USC Chapter 43.
Section 5. Parental Leave. Parental leave will be granted in
accordance with the requirements of State law. Sick leave shall be
available for any period in which the parent is physically
incapacitated due to childbirth as determined by the employee's
treating physician. Employees may utilize accrued vacation or
compensatory leave during a period of parental leave. Benefits,
sick leave and service credits shall not continue to accrue for any
period in which the employee is on unpaid leave status. Employees
desiring to exercise their rights under this Section 5 shall
provide the Employer at least thirty (30) days notice in advance of
the anticipated delivery date, except in the case of a premature
birth or an unanticipated custody date of an adopted child.
C
City of Tigard and OPEU - Expiration Date: June 30, 1995 20
ARTICLE 17 - LAYOFF
Section 1. Notice. A layoff is defined as an involuntary
separation from the City for reasons that do not reflect discredit
upon the employee. The affected employee and the Union shall be
given written notice of a layoff at least fifteen (15) working days
before the effective date, stating the reason for the layoff, and
the bumping options, if any, that the employee has.
Section 2. Order of Layoff. If a layoff is implemented, employees
shall be laid off in inverse order of their seniority within the
classification affected by the layoff on a City-wide basis. Before
any regular full-time or regular part-time employee in a given
classification may be laid off, all seasonal, casual and irregular
part-time employees who are working in the same classification
shall be laid off.
Seniority shall be defined as the employee's total time of service
in the bargaining unit excluding non-paid leaves of absence that
are for one (1) full calendar month or longer since his/her most
recent date of hire. If two (2) or more employees have equal
seniority, the employee to be laid off shall be determined by a
lot.
Section 3. Bumping. In the event of a layoff any employee who
would otherwise be subject to a layoff shall, within five (5)
business days following notice of layoff, have the right to
displace a less senior employee in any lower paying classification
provided he or she is fully qualified to perform the work of the
lower paying classification. An employee shall be considered
qualified to perform the work of such lower classification if he or
she meets all of the job qualification requirements specified in
the most recent job recruitment announcement for the classification
in question. Any employee who exercises his/her bumping rights
shall serve a probationary period of three (3) months. During such
probationary period the City shall have the right to lay the
employee off if the employee is not performing the job in an
adequate manner.
If an employee wishes to waive his/her right to displace an
employee in a lower classification and thereby be subject to
layoff, that employee shall so notify the City in writing within
five (5) business days of his/her receipt of notice of involuntary
transfer to the lower classification. When an employee is
transferred to a lower classification pursuant to the exercise of
bumping rights, as provided for above, he/she shall be placed at
the maximum rate for the new classification or the employee's
current salary rate, whichever is lesser. For purposes of this
Article, supervisory employees who have prior service in the
bargaining unit shall retain previously accrued seniority.
C
City of Tigard and OPEU - Expiration Date: June 30, 1995 21
i
Section 4. Recall. If a position opening occurs in the
classification that the employee was employed in at the time of
layoff, that employee, provided he/she has the greatest seniority
of any employee on layoff from that class shall be offered the
position.
An employee will remain on the layoff list and be eligible for
recall for twelve (12) months. The City shall notify a laid off
employee of a position opening by certified letter, return receipt
requested, to his/her address of record as maintained in the
employee's personnel file. It shall be the employee's
responsibility to insure that his/her current address is on file at
the time the recall occurs. The employee shall have three (3) days
from the receipt, or return by the post office, of such notice to
notify the City in writing of his/her intent to return within ten
(10) days of the date of receipt of such notice. If the employee
fails to so respond to a recall notice within the time herein
specified, or if he/she refuses an offered position, all rights to
recall shall be terminated.
Employees returning from layoff shall have previously accrued sick
leave and seniority reinstated, but shall not receive such benefits
for the period of the layoff.
Section 5. Severance Pay. In the event of layoff, any employee
with more than five (5) years of service with the City shall
receive one (1) month's severance pay upon layoff.
If an employee who receives payment under this Section is recalled
within the twelve (12) month time period, he/she shall be permitted
to take up to six (6) months (12 paychecks) to repay the City for
mbney received under this Section.
ARTICLE 18 - DISCIPLINE AND DISCHARGE
Section 1. Just Cause. Disciplinary actions taken against
employees shall be limited to the following: written reprimand,
disciplinary probation, reduction in pay or other monetary
assessment, demotion, suspension, or discharge. Disciplinary
action shall be for just cause only and will not be taken against
an employee without procedural due process as herein defined,
except as follows:
Demotion: A demotion during a probationary period (Article
7), that is in lieu of a layoff (Article 16) or that is a bona
fide reclassification shall not be the basis for a claim of a
violation of this Article.
No disciplinary material shall be placed in the employee's
personnel file that does not bear either the signature of the
City of Tigard and OPEU - Expiration Date: June 30, 1995 22
employee indicating that he/she has been shown the material or a
statement by the employee that he/she has been shown the material
and has refused to sign it. A copy of such material shall be
furnished to the employee. An employee may include an explanatory
statement in his/her rile in answer to any reprimand or other
disciplinary documents.
However, the above shall not apply if timely personal service is
not practicable. In such a circumstance, the City shall send a
copy of the disciplinary material by registered letter to the last
known address to the employee at the time the material is placed in
the file. In addition, the registered return receipt shall be
placed in the personnel file.
All counseling materials and memos that are cautionary, derogatory
or critical in nature, but less severe than a written reprimand,
shall be placed in the supervisor's file only, and not the official
personnel file.
Material placed in the personnel record of an employee without
conforming with the provision(s) of this Article will not be used
by the City in any disciplinary proceedings involving the employee.
If the City has reason to reprimand an employee, it shall be in a
manner that is least likely to embarrass the employee before other
employees and the public.
Section 2. Suspension Pending investigation. An employee may be
immediately suspended pending an investigation and completion of
the due process steps if his/her continued presence on the job
would constitute a safety hazard to him/herself or to other
employees or be potentially disruptive to City operations.
Such suspension shall be without pay, however, if after the
investigation the employee is reinstated without being disciplined,
the employee shall receive all lost pay and benefits for the period
of the suspension. No employee shall be suspended for more than
three (3) weeks for the purpose of investigation pending further
discipline.
Section 3. Due Process. Due process shall require the following:
(a) Before the City notifies the employee of disciplinary action
pursuant to part (b) of this Section, the employee will be
served with a written notice and provided an opportunity to
respond as follows:
1. The employee shall be advised the disciplinary action is
being considered.
2. The specific charges or performance deficiencies will be
identified.
City of Tigard and OPEU - Expiration Date: June 30, 1995 23
3. The employee will be advised of his/her right to meet
with the supervisor with or without Union representation
and respond to the charges.
(b) At or after the above-referenced meetings /response and such
additional investigation as may be deemed appropriate by the
supervisor has been completed, the supervisor shall make
his/her decision and provide written notice thereof to the
employee.
ARTICLE 19 - PERSONNEL RECORDS
Section 1. File Access. Each employee and each former employee
shall have the right to review the contents of his/her own
personnel file. At his/her option, he/she may request to be
accompanied by a Union representative of his/her choosing or give
the Union representative written permission to inspect and make
copies of file materials.
any portion of an employee's personnel file which may be subpoenaed
by a court of law or introduced as evidence in any arbitration
proceeding.
Access to an employee's personnel file shall be limited to only the
individual employee or former employee involved, his/her designated
representative, such supervisor and/or confidential employees of
the City who are assigned to review and maintain personnel files
provided such access does not conflict with the provisions of ORS
192.500. The provisions of this Section 1 shall be inapplicable to
The employee shall have the right to receive a copy of the
materials in his/her personnel file in full or part.
Except when otherwise authorized by the employee, in writing, no
information from the employee's personnel file shall be reproduced
or released for use outside of the City except verification of
employment, employment dates, job title, and pay range.
Section 2. Removal of Material from rile. All letters and
materials of commendation and letters of caution, consultation,
warning, admonishment and reprimand shall be considered temporary
contents of the personnel record and shall be removed and destroyed
no later than three (3) years after they have been placed in the
employee's personnel file.
Section 3. At the request of the employee, all letters and
materials of commendation shall, subject to Section 2 hereof,
become a part of the employee's personnel file and the employee
shall be furnished a copy of all such material at the time it is
placed in the personnel file.
City of Tigard and OPEU - Expiration Date: June 30, 1995 24
ARTICLE 20 - CONTRACTING AND SUBCONTRACTING OF WORK
Notwithstanding the provisions of ORS 243.650 to 243.782, the Union
recognizes that the City shall have the right to make and to
implement decisions relative to the contracting and subcontracting
of work as it may determine; however, before the City may contract
work presently and regularly performed by members of the bargaining
unit and provided such contracting will result in the layoff or
demotion of current members of the bargaining unit, the following
shall occur:
1. The Union shall be notified in writing at least seventy (70)
days in advance of the proposed implementation of such
subcontracting. Such notification shall include a detailed
analysis of the likely impact on the bargaining unit, and
shall also outline the projected financial impact and other
considerations that the City has deemed are pertinent to its
deliberations to contract or subcontract work.
2. Upon receipt of such notice, the Union shall have twenty (20)
days in which to notify the City of its desire to meet and
discuss the subcontracting. The Union may propose changes in
existing work rules, benefits, and/or wage rates in order to
compete more effectively with the contractors or
subcontractors and/or the Union may propose alternative
staffing arrangements that it believes would reduce the impact
of the contracting or subcontracting.
The City shall not finalize a decision to contract or subcontract
such work until after it has afforded the Union the opportunity to
meet as provided above. The City shall give full consideration to
all timely Union proposals before a decision is finalized. If such
work is to be contracted or subcontracted, the City agrees to
transfer or demote employees to any available vacant positions
rather than lay off employees whenever it is feasible to do so;
provided the employee meets the minimum qualifications with respect
to education and work experience for the position to which he/she
is to be transferred or demoted to, and provided that no employee
rights or benefits under the Layoff Article of this Agreement are
abridged. A demotion shall be defined as involuntary reassignment
to a new classification with a lower paying maximum salary rate.
ARTICLE 21 - GRIEVANCE PROCEDURE
Section 1. Procedure. To promote better relations, the parties
agree to settle any disputes as to the meaning of interpretation of
this contract by the following procedures:
City of Tigard and OPEU - Expiration Date: June 30, 1995 25
Step 1. After first attempting to resolve the grievance
informally, the Union, or any employee with notice to the
Union, may claim a breach of this Agreement in writing to the
employee's immediate supervisor within fourteen (14) days from
the occurrence thereof, or the employee's knowledge thereof.
The notice shall include:
(a) A statement of the grievance and relevant facts;
(b) Provision of the contract violated;
(c) Remedy sought
The supervisor shall respond to the grievance in writing
within seven (7) days, with a copy to the Union.
Step 2. If, after seven (7) days from the date of submission
of the grievance to the supervisor, the grievance remains
unresolved, the grievance may be submitted within seven (7)
days to the department head. The department head may meet
with the aggrieved party, who may request Union representation
at the hearing. The department head shall respond to the
grievance in writing within seven (7) days, with a copy to the
Union.
Step 3. If, after seven (7) days from the date of submission
of the grievance to the department head, the grievance remains
unresolved, the grievance may be submitted within seven (7)
days to the City Administrator, who shall meet with the
aggrieved party and Union representatives and shall respond to
the grievance in writing within fourteen (14) days, with a
copy to the Union.
Step 4. If the grievance is not resolved within fourteen (14)
days from submission of the grievance to the City
Administrator, it may be submitted within fourteen (14) days
to an arbitrator. The arbitrator shall be selected by mutual
agreement of the parties. If the parties cannot agree on an
arbitrator within twenty-five (25) days of the submission of
the grievance to the City Administrator, he/she shall be
chosen in the following manner:
(a) A list of 5 Oregon arbitrators from the Oregon Employment
Relations Board shall be requested and the parties shall
alternately strike one (1) name from the list until only
one (1) is left. The Union shall strike the first name.
The one (1) remaining shall be the arbitrator. One (1)
day will be allowed for the striking of each name.
(b) The arbitrator shall render a decision in writing within
thirty (30) days times. The powers of the arbitrator
shall be limited to interpretation of this Agreement,
determining whether a specific provision of this
Agreement has been violated, and establishing an
l_
City of Tigard and OPEU - Expiration Date: June 30, 1995 26
appropriate remedy provided such remedy is within the
scope of this Agreement. The decision of the arbitrator
shall be binding on both parties.
(c) The cost of the arbitration shall be borne by the losing
ble f r the costs of
party. Each party shal
case be
the on arbitrator.
presenting its own
Section 2. Time Limits. Any time limits, specified in the
grievance procedure, may be waived by mutual written agreement of
the parties. Failure to submit the grievance in accordance with
these time limits without such waiver shall constitute abandonment
any time upon
of the grievance. A grievance may be terminated
receipt of a signed statement from the Union or the employee that
the matter has been resolved.
If at any step of the grievance procedure the City fails to issue
a response within the time limits set forth in this Article, tthe
he
grievance shall automatically advance to the next step
grievance procedure unless withdrawn by the grievant or the Union.
ARTICLE 22 - TERM OF IRE REFIT A W REOPENING
This Agreement shall be effective the 1st day of July, 1992, and
shall remain in full force and effect through the 30th day of June,
1995.
This Agreement shall automati h 11 ren other in wr tine no
thereafter unless either party notify the
later than October 1, 1994, that it wishes t'o modify the Agreement.
CITY OF TIGARD
OREGON PUBLIC EMPLOYEES UNION
Patrick J. Reilly City
Alice L. Dale, Executive Director
Administrator
I Renae Simmons, Local President
Joy Cooper, Bargaining Team
Mike Mills, Bargaining Team
Tim Nesbitt, Chief Negotiator
Date:
Date
27
city of Tigard and OPEU - Expiration Date: June 30, 1995
APPENDIX A
SALARY RANGES AND JOB TITLES
POSITION TITLES STEP 1
STEP 2
STEP 3
STEP 4
C3 5
EP 6
r
STEP 7
1339
1406
1475
1549
1627
l
70 9
1793
A
ACCOUNTING ASSISTANT I
LIBRARY ASSISTANT
OFFICE ASSISTANT
RECORDS CLERK
SWITCHBOARD OPERATOR
1516
1592
1672
1755 :
J1
1935
a
1444
ACCOUNTING ASSISTANT II
INFORMATION PROCESSING TECHNICIAN
SENIOR LIBRARY ASSISTANT
1550
1629
1710
1795
1885
1980
2079
ACCOUNTING ASSISTANT III
SENIOR OFFICE ASSISTANT
SENIOR INFORMATION PROCESSING TECHNICIAN
1638
1720
1806
1896
1990
1
2
=
22
ARTMENT SECRETARY
DEP
UTILITY WORKER
~
_
1755
1843
1934
2031
2133
2240
2351
BUILDING INSPECTOR C
BUILDING MAINTENANCE SPECIALIST
CODES ENFORCEMENT OFFICER
EDUCATIONAL SERVICES COORDINATOR
GIS TECHNICIAN
ENGINEERING TECHNICIAN I
El
1843
1934
2031
1
2133
2240
2353
2470
MECHANIC
SENIOR UTILITY WORKER
2015
E~l
2117
2222
2333
2449
2572
2702
ENGINEERING TECHNICIAN II
PERMITS COORDINATOR
a E2
2272
2385
2504
2631
2761
2899
BUILDING INSPECTOR B
2341
2458
2581
2710
2845
2987
3136
BUILDING INSPECTOR A
ENGINEERING TECHNICIAN II
PLANS EXAMINER
C
28
City of Tigard and OPEU - Expiration Date: June 30, 1995
COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 22, 1992 DATE SUBMITTED: 4/04192
ISSUE/AGENDA TITLE: Bruneau Annex. PREVIOUS ACTION: None
7r A 97-nnn5 A Zone Chanae_ Annexa
DEPT HEAD OK CITY ADMIN
D BY: Victor Adonri
D BY: Ed Murphy
ya717VL AJYi v w r
should the City Council forward a request for annexation of one parcel
consisting of approximately 2.51 acres located at 13800 SW Fern Street to the
Metropolitan-Area-Local-Government-Boundary-Commission?---------------------
STAFF RECOMMENDATION
Adopt the attached resolution and ordinance to forward the annexation to the
Boundary Commission and to assign a-zoning designation of R-7 to the property.
INFORMATION SUMMARY
This annexation request consists of one parcel totaling 2.51 acres that is
contiguous to the City of Tigard on SW Fern Street. The owner of the property
requested annexation in order to partition the parcel and obtain sanitary sewer
service. The applicant requests annexation of his property via the "expedited
method". The "expedited method" requires no public hearing by the Boundary
commission, and will allow annexation approval within 28 days, instead of the
customary 45 days. Although signs were posted on Fern Street and notices given
%o property owners within 250 feet of the subject property, there has been no
response from neighboring property owners.
NOTE: The annexation of this property will result in the creation of a 30 lot
island on Fern Street, and SW 135th Avenue. The parcel is within the City's
Area of Interest and as such, Council should be made aware of the 1983 Urban
Planning Agreement, Section 111, B.4.(b) which states that: "Annexation by the
City within the Area of Interest shall not create islands unless the City
declares its intent to complete the island annexation".
PROPOSED ALTERNATIVES
1. Adopt the attached resolution and ordinance to forward the annexation to
the Boundary Commission and assign a zoning designation of R-7 to the
property.
2. Authorize the property to connect to City sewer under a delayed annexation
agreement.
3. Deny the proposal.
The Applicant will pay
The current tax assess
by approximately $262.
tax rate of $1.94/1000
FISCAL NOTES
the Boundary Commission fee of $240 for annexation.
ment is $135,500 The City dould increase its tax base
(Assessed value multiplied by City tax base portion of
as of 1/1/90 = $262.87). ~r
C.
STAFF REPORT
C September 22, 1992
TIGARD CITY COUNCIL
TIGARD TOWN HALL
13125 S.W. HALL BOULEVARD
TIGARD, OREGON 97223
A. CASE: Zone Change Annexation 92-05
REQUEST: To annex one parcel consisting of 2.51 acre of unincorporated
Washington County into the City of Tigard, and for zone change from
Washington County R-6 (Residential, 6 units per acre) to City of Tigard R-
7 (Residential, 7 units per acre). The applicant requests that the
expedited process be used.
COMPREHENSIVE PLAN DESIGNATION: Washington County Residential, 6
units per acre.
ZONING DESIGNATION: Washington County R-6 (Residential, 5 units per
acre).
APPLICANT: Stephen G. Bruneau
13800 SW Fern Street
Tigard, Oregon 97223
OWNER(S): Stephen G. Bruneau
13800 SW Fern Street
Tigard, Oregon 97223
C_
LOCATION: 13800 SW Fern Street. (WCTM 2S1 4BD, Tax Lot 1800)
2. Background Information
No previous applications have been reviewed by the City relating to
this property.
3. Vicinity Information
Property to the north of the site is in the City of Tigard and is
zoned for single family residential development. Properties to the
east are in Washington County and zoned R-6 (Residential, 6 units
per acre). All properties to the west are single family lots in
Washington County. Properties to the south are in the City of
Tigard and are zoned R-7 (Residential, 7 units per acre)
4. Site Information and Proposal Description
The property to be annexed has one single family residence with the
remainder of the property undeveloped. The property is primarily
covered with some trees.
The applicant requested that his parcel be annexed into the city of
Tigard in order to partition the parcel and connect to sanitary
sewer line. An existing sewer line is located 680 feet east of the
parcel to be annexed, along SW 135th Avenue. The sewer lines and
ZCA 92-05 Staff Report 1
manholes on SW 135th Avenue belong to the City of Tigard.
C 5. Agency and NPO Comments
Tigard Water District, Tualatin Valley Fire District, General
Telephone and Electronics, NW Natural Gas, Tigard School District
23J, Portland General Electric, and Metro Area Communications have
reviewed the proposal and have offered no objections or comments.
6. Police Department Consideration
The Police Department has reviewed the proposal and have offered
the following comments.
This annexation will create a 20 or more lot island
which causes problems in traffic enforcement and patrol,
and could result in delayed response if this annexation
is approved. Efforts to annex the 20 or more island
lots will help correct this problem. The frontage
roadway should also be included with this annexation
request.
B. FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Tigard Comprehensive Plan Policies
2.1.1, Citizen involvement; 6.3.1, Established Areas; 10.1.1, Service
Delivery capacity; and 10.1.2, Boundary Criteria and chapters 18.136,
Annexations; and 18.138, Established/Developing Area Classification of the
Tigard Community Development Code. The planning staff has determined that
the proposal is consistent with the relevant portions of the Tigard
Comprehensive Plan based upon the findings noted below:
- 1. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning
Organization and Community Planning Organization as well as
surrounding property owners were given notice of the hearing and an
opportunity to comment on the request.
2. Plan Policy 6.3.1 is satisfied because the annexation will be
designated as an established area on the development standards
map.
3. Plan Policy 10.1.1 is satisfied because the City has conducted the
Washington County Urban Services Study which includes the subject
property. This study indicates that adequate services are available
in the vicinity and may be extended to accommodate the subject
property.
4. Plan Policy 10.1.2 is satisfied because the annexation is a first
step in eliminating an island and an irregular boundary that makes
it difficult for the police in an emergency situation to respond in
a timely manner. The land is located within Tigard•s Area of
Interest, and adequate service capacities can be made available to
accommodate the eventual development of the property as noted above.
Since the City intends to eventually annex the entire island, the
Fern street and SW 135th Street rights-of-way can be included at
that time, which will assist with the delivery of police service.
5. Urban Planning Area Agreement, Section 111, B.4(b) states that:
"annexation by the City within the Area of Interest shall not create
islands unless the City declares its intent to complete the island
/ annexation". The City will be in violation of this agreement if
ZCA 92-05 Staff Report 2
this property is annexed without a declaration of intent to complete
C the island annexation. The annexation of this parcel will result
in the creation of a 30 lot island. Twenty-one of the lots are less
than 1 acre, the remaining nine lots are between 1 to 2.50 acres.
The planning staff has determined that the proposal is consistent with the
relevant portions of the Community Development Code based upon the
findings noted below:
1. Section 18.136.030 of the Code is met because all facilities and
services can be made available, the applicable Comprehensive Plan
policies discussed above have been satisfied and the property has
been determined to be an Established area in accordance with the
criteria in Chapter 18.138 of the Code.
The Urban Planning Area Agreement between the city and Washington
County requires that when annexing land within the City's area of
interest, the City adopt a zone designation which most closely
resembles the County plan and zone designation. In this case, the
property is designated in Washington County for single family
residential use with a minimum lot size of 5,000 square feet and a
maximum density of 6 units per acre. The City of Tigard Low Density
Residential plan designation and R-7 zone with a minimum lot size
requirement of 5,000 square feet and maximum density of 7 units per
acre are the most comparable to the present County designation.
2. Chapter 18.138 of the Code is satisfied because the property meets
the definition for an Established area and shall be designated as
such on the development standards area map.
C. RECOMMENDATION
Based upon the findings noted above, the planning staff recommends
approval of ZCA 92-05. Staff further suggests that city Council should
declare its intent to annex the island that will be created as a result of
this annexation.
PREPARED BY.----
VI ctor A onr , Assistant P anner
ZCA 92-05 Staff Report
s
Attention City Planners/ Developers:
My name is Steven G. Bruneau soc.sec. # 544-824680.
I own a home and property located at 13800 S.W. Fern street.
I would like to anex my property to the city of Tigard.
Please furnish me with all information regarding services
and fees that will apply to accomplishing this anexation.
Please expedite my application.
Sincerly,
Steven G. Bruneau
C
l
COUNCIL AGENDA ITEM
A CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 22, 1992 DATE SUBMITTED: 9/11/92
ISSUE/AGENDA TITLE: Anderson Annex. PREVIOUS ACTION: None
ZCA 92-0002 Zone Change Annexa
PREPARED BY: Victor Adonri
DEPT H03 -0 CITY ADM RE
IN OK REQUESTED BY: Ed Murphy
Should the &4y Council forward a request- for annexation of four parcels
consisting of approximately 7.7 acres located at the South side of Bull
Mountain Road to the Metropolitan Area Local Government Boundary Commission?
STAFF RECOMMENDATION
Adopt the attached resolution and ordinance to forward the annexation to the
Boundary Commission and to assign a zoning designation of R-4.5 and R-25 to the
properties.
INFORMATION SUMMARY
This annexation request consists of four parcels totaling 7.7 acres that are
contiguous to the City of Tigard on Bull Mountain Road. The owner of the
properties requested annexation in order to subdivide the properties, and
obtain sanitary sewer service. A Comprehensive Plan Map Amendment from
Commercial Professional to Medium High Density Residential for 3.19 acres and
Low Density Residential to Medium High Residential for approximately 3.03 acres
was approved by the City Council in August of 1992 with the remainder of
acreage left at a low density plan designation. A decision on the zone change
is still pending as part of the annexation. The properties are already within
an "island". This annexation will decrease the irregular boundary created as
a result of a previous annexation. The property owners within 250 feet were
notified of the annexation.
PROPOSED ALTERNATIVES
1. Adopt the attached resolution and ordinance to forward the annexation to
the Boundary Commission and assign a zoning designation of R-4.5 and R-25
to the properties.
2. Delay the actual annexation to maximize the tax base increase. Although
this is financially attractive, it raises practical concerns such as zoning
designation, and policy concerns such as annexing real people later instead
of raw land now.
3. Combine properties with the three parcels to the west and annex through
double majority.
FISCAL NOTES
The City of Tigard will pay the Boundary Commission fee of $550 for annexation.
The current tax assessment is $546,150 The City could increase its tax base
by approximately $1059. (Assessed value multiplied by City tax base portion of
tax rate of $1.94/1000 as of 7/1/91 = $1059.53).
AGENDA OF:
ISSUE/AGENDA
restrictions
DEPT HEAD OK
COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
22. COUNCIL AGENDA ITEM SUMMARY
eptember-8-, 1992 DATE SUBMITTED:
TITLE: Parking A PREVIOUS ACTION:
7
CITY ADMIN
pREPYd D BY: City Engineer
REQUESTED BY: On SW 87th Avenue near Pacific Highway, shall an existing loading zone be
eliminated and a 2-hour parking restriction be established?
STAFF RECOMMENDATION
Approval of the attached ordinance.
INFORMATION SUMMARY
SW 87th Avenue is a public street between Pacific Highway and Center Street,
next to the Joy Theater building. Currently, two loading zones exist along
the street. A 50-foot long loading zone exists near Pacific Highway,
established by Ordinance 88-03. A 60-foot loading zone exists near Center
Street, established by Ordinance 86-60. All parking and loading is on the
east side of 87th; driveways prevent on-street parking along the west side.
The owner of the Joy Theater requested that the loading zones be eliminated
and that a 2-hour parking limit be established along 87th Avenue.
On August 10, 1992, a meeting was held with the owners of businesses that
abut 87th Avenue. After much discussion, the business owners agreed that the
southerly loading zone should be eliminated, that the northerly loading zone
should remain for now, and that the street should be zoned for 2-hour parking
outside of the northerly loading zone. The business that previously needed
the southerly loading zone has relocated and the zone is not needed by
remaining businesses.
The attached ordinance would adopt the revisions to parking restrictions in
accordance with the August 10th consensus of the business owners.
The proposed revisions will provide more parking for customers, while
prohibiting long-term on-street parking by employees. Similar restrictions
exist on adjoining Center Street.
PROPOSED ALTERNATIVES
1. Adopt the attached ordinance.
2. Revise the ordinance.
3. Allow the existing loading zone to remain.
FISCAL NOTES
Cost of the proposed changes will be approximately $100 for signing.
rw/87th-s
M E M O RAN D U M
TIGARD POLICE DEPARTMENT
TO: Patrick J. Reilly
City Administrator
FROM: Ronald D. Goodpaster lo
Chief of Police
DATE: September 21, 1992
SUBJECT: Parking Restriction on SW 87th
I have discussed with the Traffic Engineer the issue of changing
the loading zone on SW 87th near Pacific Highway to a two-hour
parking area. The only issue I had regarding this change was that
there may be an expectation that there would be a different level
of parking enforcement than what we currently do in other time
zones in the City, since this is a new zone that we are creating.
We currently do not and have no plans to enforce two-hour time
limits and currently only do so if there is a hazard involved with
the parking violation. This is also the same manner in which this
new zone would be enforced on 87th.
cc: Randy Wooley
T
of/rdg0921
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