City Council Packet - 03/23/1993 mown
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6 CITY OF TIGARD
- OREGON
AGENDA
PUBLIC NOTICE. Anyone wishing to speak on an
a 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 p.m.
/ STUDY SESSION (6:30 PM)
t 1. BUSINESS MEETING (7:30 PM)
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
2. VISITOR'S AGENDA (Two Minutes or Less, Please)
3. 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:
3.1 Approve Council Minutes: February 16 and 23, 1993
Approve Agreement Accepting U.S. Fish and Wildlife Service Grant Funds (Administered
through Metro Greenspaces Grant) and Authorizing the Mayor to Sign
Approve Resolution Recognizing Grant Revenue (Metro Greenspaces) and Increase
Appropriations to Permit Expenditure of Grant Funds - Resolution No. 93-
3.4 Approve Resolution Entering into Agreement with City of King City to Provide Building
Inspection Services - Resolution No. 93-
3.5 Local Contract Review Board - Award Bid for 7-Yard Dump Truck to DSU Peterbilt
COUNCIL AGENDA - MARCH 23, 1993 - PAGE 1
A.
4. PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 93-0001 SWAREN A request to
annex one parcel consisting of approximately 0.48 acres to the City of Tigard and to change the
zone from Washington County R-5 (Residential, 5 units/acre) to City of Tigard R-4.5 (Residential, !
4.5 units/acre). The applicant is requesting annexation for the purpose of partitioning the parcel
and connecting the lots to city sewer. 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
r% _.i~M... a_._ n.:_~ ~n nn..nn ao 9nAA~1 1!2 7'l 1Q 1!3h r' 9Q -f 020 40 .40% n ~Ue 10A%IM%
Vuus VI laliters and Sect ,v. 1%. -U tm) to).
LOCATION: 7480 SW Taylors Ferry Road (WCTM 1S1 25CA, tax lot 400) ZONE: R-4.5
(Residential, 4.5 units/acre) The R-4.5 zone allows single family residential units, public support
facilities, residential treatment homes, farming, man! fart;ercd ho^ ids, family day care, home
occupations, temporary uses, and accessory structures among other uses.
a. Open Public Hearing
b. Declarations or Challenges
C. Staff Report: Community Development Department
d. Public Testimony
• Proponents
• Opponents
• Rebuttal
e. Staff Recommendation
f. Council Question/Comments
g. Close Public Hearing
h. Council Consideration: Resolution No. 93-1 I
Ordinance No. 93-21
5. COUNCIL CONSIDERATION - AMEND NOTE 2 OF COMPREHENSIVE PLAN
TRANSPORTATION MAP - ORDINANCE NO. 93- I )
• Staff Report: Community Development Staff
6. PUBLIC HEARING - TIGARD WATER DISTRICT WITHDRAWAL. The hearing is held for the
purpose of hearing public input on the question of the City of Tigard withdrawing from the Tigard
Water District.
a. Open Public Hearing
b. Declarations or Challenges
C. Staff Report: Community Development & Administration Departments
d. Public Testimony
• Proponents
• Opponents
• Rebuttal
e. Staff Recommendation
f. Council Questions/Comments
g. Close Public Hearing
h. Council Consideration: Ordinance No. 93--L
COUNCIL AGENDA - MARCH 23, 1993 - PAGE 2
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7. NON-AGENDA ITEMS
8. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the
provisions of ORS 192.660 (1) (d), (e), R (h) to discuss labor relations, real property
transactions, current and pending litigation issues.
9. ADJOURNMENT
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COUNCIL AGENDA - MARCH 23, 1993 - PAGE 3
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Council Agenda Item
TIGARD CITY COUNCIL
MEETING MINUTES - MARCH 23, 1993
• Meeting was called to order at 6:35 p.m. by Mayor Edwards.
1. ROLL CALL
Council Present: Mayor Jerry Edwards; Councilors Judy Fessler, Wendi Hawley,
Paul Hunt, and John Schwartz. Staff Present: Patrick Reilly, City Administrator;
Ed Murphy, Community Development Director; John Acker, Associate Planner, Liz
Newton, Community Relations Coordinator; Tim Ramis, Legal Counsel; Jo Hayes,
Executive Secretary; and Randy Wooley, City Engineer.
STUDY SESSION
Board and Committee Meetings - Schedule for April, 1993
Community Involvement Coordinator spoke with Council regarding scheduling upcoming
meetings with Board and Committee members during the month of April. All meetings
will be covered by a Council member, Liz Newton, and staff liaison member.
Possible Change in Number of Meetings per Month
City Administrator discussed possibility of holding only two Council meetings per month.
This is due to busy schedules and numerous meetings, both regional and local. Council
meetings would be on the second and fourth Tuesdays of the month, possibly beginning
at 5:30 p.m. and lasting no later than 11:00 p.m. In the future, a great deal of time will
be spent on annexations and CIT's, so if necessary, a third meeting could be held. In
order to maintain the open meeting concept, TV coverage may be limited to one meeting
a month.
Community Involvement Coordinator reported on progress of the Community Survey, as
well as 'Tigard Talks" meetings in May.
Executive Session: The Tigard City Council went into Executive Session at 7:00 p.m.
under the provisions of ORS 192.660 (1) (d), & (h) to discuss labor relations, real property
transactions, current and pending litigation issues. Session adjourned at 7:15 p.m.
CITY COUNCIL MEETING MINUTES - MARCH 23, 1993 - PAGE 1
Walnut Island annexation meeting was discussed. Suggestion was made that more
information and education be provided in order to assist those attending the meetings.
Decision was made to pull Items 3.2 and 3.3 from the agenda.
Council convened into the business meeting at 7:35 p.m.
BUSINESS MEETING
2. VISITOR'S AGENDA
• Jack Polans, 16000 SW Queen Victoria Place, King City, Oregon 97224, asked if
the City of Tigard had the right to send a letter to the Boundary Commission,
informing them the City does not want to give public services to an owner of
Washington County property within the Urban Growth Boundary, because it is not
in the best interest of the City. This would be based on someone who desires to
be annexed into the City of Tigard. City Attorney explained the City has the
authority, so long as it is consistent with our Comprehensive Plan. Mr. Polans
asked if the Walnut Island people had the same right. City Attorney explained
anyone has that right.
• Girl Scout Troops 737 and 1294 presented Council with a plaque and thank you
card, thanking them for their support on the five year Fanno Creek clean-up
project. Mayor Edwards praised the Girl Scouts for all their hard work and
dedication.
3. CONSENT AGENDA: Motion by Councilor Schwartz, seconded by Councilor
Hawley to approve the following consent agenda items, with Items 3.2 and 3.3
being removed at the recommendation of staff, for further consideration.
3.1 Approve Council Minutes: February 16 and 23, 1993
3.4 Approve Resolution Entering into Agreement with City of King City to
Provide Building Inspection Services - Resolution No. 93-13
3.5 Local Contract Review Board - Award Bid for 7-Yard Dump Truck to DSU
Peterbilt
The motion passed by a unanimous vote of Council present. (Mayor Edwards,
Councilors Fessler, Hawley, and Schwartz voted "Aye.")
CITY COUNCIL MEETING MINUTES - MARCH 23, 1993 - PAGE 2
4. PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 93-0001 SWAREN
A request to annex one parcel consisting of approximately 0.48 acres to the City
of Tigard and to change the zone from Washington County R-5 (Residential, 5
units/acre) to City of Tigard R-4.5 (Residential, 4.5 units/acre). The applicant is
requesting annexation for the purpose of partitioning the parcel and connecting the
lots to city sewer. 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 and Sections 18.32.020, 18.32.040, 18.32.130,
18.136, 18.138, 18.138.020 (A)(B). LOCATION: 7480 SW Taylors Ferry Road
(WCTM 1S1 25CA, tax lot 400) ZONE: R-4.5 (Residential, 4.5 units/acre) The R-
4.5 zone allows single family residential units, pubic support facilities, residential
treatment homes, farming, manufactured homes, family day care, home
occupations, temporary uses, and accessory structures among other uses.
a. Public hearing was opened.
b. No declarations or challenges.
C. Community Development Director presented staff report. He explained that
both the Swarens and Conrads have petitioned for annexation.
d. Public Testimony:
Jack Polaris, 16000 SW Queen Victoria Place, King City, Oregon 97224,
asked what the total cost is to connect the Swaren property to the sewer.
Community Development Director answered that if the applicant has not
participated in the extension of a sewer line, there is a $3,000 charge. If
they have already participated, there is still a $2,100 systems charge, plus
a $35.00 inspection fee.
Mr. Polaris questioned what the applicant planned to do with the annexed
property. Mayor Edwards explained the zoning allows uses as shown in the
Code. Councilor Schwartz discussed the procedure required, once the
annexation is approved, including submitting plans and application for
permits for property use. Annexation procedures of the property are
separate from development of the property.
e. Staff Recommendation
Community Development Director recommended approval of both the
resolution and ordinance.
f. No Council Questions/Comments.
i CITY COUNCIL MEETING MINUTES - MARCH 23, 1993 - PAGE 3
g. Public hearing was closed
i
h. Motion by Councilor Schwartz, seconded by Councilor Fessler to adopt
Resolution 93-11.
i. RESOLUTION NO. 93-11 - A RESOLUTION INITIATING ANNEXATION TO
THE CITY OF TIGARD OF THE TERRITORY AS OUTLINED IN EXHIBIT "A" SEEM
AND DESCRIBED IN EXHIBIT "B" ATTACHED. ZCA 93-0001 SWAREN
AND CONRAD
j. The motion passed by a unanimous vote of Council oresent. (Mayor
Edwards and Councilors Fessler, Hawley, Hunt and Schwartz voted "Aye.")
k. Motion by Councilor Schwartz, seconded by Councilor Hunt to adopt the
ordinance. Mayor Edwards called for a reading of the ordinance.
1. ORDINANCE 93-09 - AN ORDINANCE ADOPTING FINDINGS AND
CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 93-0001)
(SWAREN) AND (CONRAD) AND DECLARING AN EFFECTIVE DATE.
M. Roll call vote on the Ordinance was as follows:
Councilor Fessler - Aye
Councilor Hawley - Aye
Councilor Hunt - Aye
Councilor Schwartz - Aye
Mayor Edwards - Aye
n. Mayor Edwards declared that Ordinance No. 93-09 passed by a unanimous
vote of Council.
5. COUNCIL CONSIDERATION - AMEND NOTE 2 OF COMPREHENSIVE PLAN
TRANSPORTATION MAP - ORDINANCE NO. 93-10
a. Community Development Director presented staff report. This is the Final
Order to amend the Comprehensive Plan Transportation Map, including new
language on Note 2 and findings that specify how this change in the
Comprehensive Plan addresses the goals and policies of the
Comprehensive Plan. He referred to Section 4, Policy 11.3.1, Section c,
which states:
The selection of a roadway may reduce the ability of the owners of two
existing homes in the proposed right-of-way to sell their property before it
CITY COUNCIL MEETING MINUTES - MARCH 23, 1993 - PAGE 4
( is needed for the street construction. Therefore, the City should explore
ways to purchase these properties in a timely fashion. This language was
included in order to respond to Council's concerns expressed for property
owners whose homes may be in the way. Community Development
Director referred to letter written by property owners Mark and Jill Link.
b. Councilor Fessler discussed the importance of including this information in
the staff report, so that if Council's policy decision is to go forward at some
time, it would give the property owners all information required.
C. Councilor Hunt expressed concern whether the language goes far enough,
and mentioned possible devaluation of the property.
d. Councilor Schwartz mentioned problems involved by setting a precedent for
purchasing property.
e. Community Development Director answered several questions from Council
for clarification.
f. Motion by Councilor Schwartz, seconded by Councilor Hawley, calling for
a reading of the proposed Ordinance.
g. ORDINANCE 93-10 - AN ORDINANCE APPROVING AN AMENDMENT TO
THE TIGARD COMPREHENSIVE PLAN TRANSPORTATION MAP BY
REPLACING THE NOTE 2 STUDY AREA WITH A PLAN TO EXTEND
GAARDE STREET WEST AND NORTH FROM SW 121ST AVENUE TO
CONNECT WITH WALNUT STREET AT A POINT 300 FEET TO 400 FEET
EAST OF SW 132ND AVENUE.
h. Roll call vote on the Ordinance was as follows:
Councilor Fessler - Aye
Councilor Hawley - Aye
Councilor Hunt - Abstain
Councilor Schwartz - Aye
Mayor Edwards - Aye
i. Mayor Edwards declared that Ordinance 93-10 passed by a majority vote
of Council present.
C CITY COUNCIL MEETING MINUTES - MARCH 23, 1993 - PAGE 5
6. PUBLIC HEARING - TIGARD WATER DISTRICT WITHDRAWAL. The hearing
is held for the purpose of hearing public input on the question of the City of Tigard
withdrawing from the Tigard Water District.
a. Public hearing was opened.
b. No declarations or challenges.
C. City Administrator reviewed the staff report, and explained the proposed
ordinance. This withdrawal is in concert with other participants with the joint
water agency and is the product of negotiation over a long period of time.
The agreement addresses three key concerns people have had. Underlying
principles for the agreement are:
(1) preserves assets of the district and restricts them to water related
purposes;
(2) prescribes that water revenues may only be used for water related
programs; and
(3) provides for protection of the district employees.
d. Public Testimony:
Jack Polaris testified on behalf of keeping the Tigard Water District intact.
He raised a question pertaining to the Tigard Water District employees
keeping their pension plan. City Administrator explained the state statute
deals with that issue, and that nothing would change with reference to their
pension plan.
e. Staff comment and recommendation. City Administrator recommended the
Ordinance be adopted.
f. No Council questions/comments.
g. Public hearing was closed.
h. Motion by Councilor Hawley, seconded by Councilor Fessler to adopt the
ordinance.
i. ORDINANCE NO. 93-11 - AN ORDINANCE OF THE CITY OF TIGARD
DECLARING THAT THE PART OF THE TIGARD WATER DISTRICT WHICH
WAS WITHIN THE INCORPORATED LIMITS OF THE CITY IS WITHDRAWN
FROM THE DISTRICT.
CITY COUNCIL MEETING MINUTES - MARCH 23, 1993 - PAGE 6
j. Roil call vote on the Ordinance was as follows:
Councilor Fessler - Aye
Councilor Hawley - Aye
Councilor Hunt - Aye
Councilor Schwartz - Aye
Mayor Edwards - Aye
Mayor Edwards declared that Ordinance No. 93-11 passed by a unanimous
vote of Council.
7. NON-AGENDA ITEMS
a. City Attorney explained proposed Resolution declaring the necessity of
exercising the eminent domain authority over certain slope easements within
the area of the Dartmouth LID. Previously Council adopted a resolution
authorizing eminent domain for the right-of-way involved so the city can
construct Dartmouth. In the course of developing plans, the engineer has
identified certain additional slope easements that are necessary. In order
to make sure we have authority to acquire, Council needs to adopt this
resolution. It would authorize the city to proceed in its condemnation case
to acquire the slope easements as well as the right-of-way.
Motion by Councilor Hunt, seconded by Councilor Schwartz to adopt
Resolution.
RESOLUTION NO. 93-12 - A RESOLUTION DECLARING THE NECESSITY
AND PURPOSE FOR THE ACQUISITION OF CERTAIN SLOPE
EASEMENTS FOR THE CONSTRUCTION OF STREET IMPROVEMENTS
AND THE FULL USE AND ENJOYMENT BY THE PUBLIC OF SUCH
IMPROVEMENTS, AND AUTHORIZING THE CONDEMNATION OF SAID
REAL PROPERTY INTERESTS.
The motion was approved by a unanimous vote of Council present. (Mayor
Edwards and Councilors Fessler, Hawley, Hunt, and Schwartz voted (Aye".)
CITY COUNCIL MEETING MINUTES - MARCH 23, 1993 - PAGE 7
plow
b. Election results were announced. Information from Washington County as
of 8:05 p.m. - 60,000 returned ballots, and 53,000 counted
Community Center
Yes 2,042
No 3,127
Library Levy maim
`
Yes 27,460
No 19,897
7. ADJOURNMENT: 8:24 p.m.
Attest:
Jo Hay s, Exec tive Secretary
j
,2,,,
Mayor; City of Tigard
Date: g113IC3
h:\recorder\ccm\ccm0323.93
CITY COUNCIL MEETING MINUTES - MARCH 23, 1993 - PAGE 8
COMMUNITY NEWSPAPERS, INC. Legal
P.O. BOX 370 PHONE (503) 684.0360 Notice TT 7486
BEAVERTON, OREGON 97075
Legal Notice Advertising
PU9LIC It-S t3 .
' City of Tigard ° ❑ Tearsheet Notie The following will be considered by the Tigard City Couacr7 on M=h
PO Box 23397 iL t C E I V E D 23.1993,at 7:30 P.M., at Tigard Civic Center, Town Hail Room, 13125
• • ❑ Duplicate Affida S.W. Hail Boulevard, Ti 0, Oregon. Further information may be ob-
Tigard, OR 97223 NlAk ? 2 1993 tained from the Community Develcmaucrit Director or City Re a der at the
e same location or by calling 6394171. You are invited to submit written
• testimony in advance of the public hearing; written and oral testimony
r CITY (.)I- '(IGARC will be consideed at theliearing. The public hearing will be conducted in
accordance with the applicable Chapter 18.32 of the Tigard Municipal
Code and any rules of procedure adopted by the Council and available at
AFFIDAVIT OF PUBLICATION City Hall.
STATE OF OREGON, ) ZONE HAME ANNEXATION ZCA 93-m01 SWAM
COUNTY OF WASHINGTON, )as' A request to annex one parcel consisting of approximately 0.48 acres to
the City of Tigard and to change the zone from Washington County R-5
1 Judith Koehler (Residential, 5 units/acre) to City of Tigard R-4.5. (Residential, 4.5
being first duly sworn, depose and say that 1 am the Advertising units/acne).:itt applicant is requesting W-vexation for the p vpose of par-
Director, or his principal clerk, of the titiomng the parcel and connecting the lots to city sewer. APPLICABLE
a newspaper of general circulation as de ined in ORS 193.010 REVIEW CRITERIA. Comprehensive Plan Policies 10.L1, 20.1.2,
and 193.020; published at Tigard in the 10.1.3, 10.2.1, 10.2.2, 10.2.3, 10.' -10.12: Community Development
at Code ChaFters and Sections 18.32.020, 18.32.040, 18.32.130, 18.136,
esaid c d state; tt tti~,e~""
dear .np O' ieancxiange y3-uWl Swaren 18.138,18.138.020 (A) (B). LOCATION- 7480 S.W. Taylors Ferry Road
a printed copy of which is hereto annexed, was published in the (WCTM 1St 25CA, tax lot 400). ZONE: R-4.5 (Residential, 4.5
units/acre). The R4.5 zone allows single family residential units, public
entire issue of said newspaper for Qne successive and support facilities, residential treatment homes, farming, manufactured
consecutive in the following issues: homes, family day care, home occupations, temporary uses, and accessory
structures asneng other uses.
March 11, 1993 M486 - Publish March 11, 1993.
Subscribed a/nddsswwoor to before me this 11th day of March, 1993.
1 'Notary Public for Oregon
My Commission Expires:-~-~ 3
AFFIDAVIT -
i r
COMMUNITY NEWSPAPERS, INC. Legal
P.O. BOX 370 PHONE (503) 684.0360 Notice TT 7483
BEAVERTON, OREGON 97075
Legal Notice Advertising IVOTICEOFELECTION
City of Tigard • ❑ Tearsheet Notic CITY OFTIGARDBALLOT -4SURIR
PO Box 23397 NOTICE IS HEREBY GIVEN that the City of Tigard will hold an elee-
Tigard, OR 97223 R V. C E t V • ❑ Duplicate Aff Ida ~ Con the C1 Boutlined low on March 23,1993; said election shall
«iAR 26 1993 MAIL.
Measure No. 34-5
Ct~Y 11GPRC' AUTHORIZES TiGW 3 ISSC~ GENERAL OBLIGATION
O~ FOR COMM~UN[T~ Y CENTER
AFFIDAVIT OF PUBLICATION QUESTION: Shall City of Tigard issue up to $660,000 general oblipa-
STATE OF OREGON, ) tion bonds to purchase, renovate and equip a Community
COUNTY OF WASHINGTON, )as' Center? If the bonds are approved, they :.,ill be payable
from taxes on property or property ownership that are not
1 Judith Koehler subject to the limits of section l lb, Article XI of the
being first duly sworn, depose and say that I am the Advertising Oregon Constitution.
Director, or his principal clerk, of the Tigard Times
a newspaper of general circl ion s defined in ORS 193.010 SUMMARY: Tigard is seeking voter approval to issue general obligation
and 193.020; published atRar~ in the bonds. The bonds will mature within 10 years. The bond
aforesaid cornty and state; that the proceeds will be used to buy and renovate the Commercial
Nnt; ~a of F7 er_ti on/htPac ,r 34-5 _ street Fire station for use as a community center. Bond
a printed copy of which is hereto annexed, was published in the proceeds will also provide funds to equip the center.
entire issue of said newspaper for TWO successive and Some proposed uses for a Community Center am
consecutive in the following issues: • Meeting space for non-profit and service groups.
March 11 & 18, 1993 s Public rental for social events.
Educational and recreational program.
• Limited office space available for use by non-profit
groups.
lklL &-Z-/ For further information, please contact the Tigard City Recorder, 13125
S.W. Hall Boulevard, Tigard, Oregon 97223; telephone 639.4171.
Subscribed and swor to before me this 18th dgy oof~March ~ 1993. M483-Publish March 11. 18.1993.
Notary Public for Oregon
My Commission Expires: 4
AFFIDAVIT
COMMUNITY NEWSPAPERS, INC. Legs:
P.O. BOX 370 PHONE (503) 684.0360 Notice Tr 7488
BEAVERTON. OREGON 97076
"gal Notice Advertising
The following meeting highlights are publishit! for your. iafarmation.`Fai1
. City of Tigard G~`~ • agendas may o0 obtained from the City R-cd cr,'13!ZS.S.W; f:i31t
PO Box 23397 ❑ Teareheet Notic Boulevard, Tigard, Oregon 97223, or by calling 6394171.
• Tigard, OR 97223 ~~b ~~v • ❑ Duplicate Affida CITYCOLINC&BUSINMSSMFET1NG
\ t~G MARCH 23,1993
y p`r =..:...:.T1GARDCTf:.HALL.-.TOVVNHALL
13125 S.W. HALL BOIJLEVARD, TIGARD. OREGON "
Study Meeting (Town Hall Conference Room),(6:30 P.M.)
Business Meeting (Town Hall) (7:30 PSI.) i
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, ) Special Presentation: Tigard Area Girl Scouts to City of Tigard
COUNTY OF WASHINGTON, )as. Commemorating the 59i Year of Fanno Creek Clean Up Endeavor
i, Judith Koehler Public Hearings:
being first duly sworn, depose and say that I am the Advortising • Withdrawal from Tigard Water District
Director, or his principal clerk, of the T; g rA T; mPC • Annexation -ZCA"93-000; - Swaren (Location: 7480 S.W.
a newspaper of general circulation s defined in ORS 193.010 Taylors Ferry Road); Zone to Change from Washington County
and 193.020; published at Tigard in the R-5 (Residential, 5 units/acre) to City of Tigard R-4.5
eto a acridC untXTntsstatenejha ee: the a ti.tlQ (Residential, 4.5 uniWatte)
I Iju 1
a printed copy of which is hereto annexed, was published in the Council Consideration:
entire Issue c of said One Final Order (Ordinance) & Findings on Comprehensive Plan
newspaper for successive and Amendment CPA 92-0007 (NPO 3): Transportation Plan Map
consecutive in the following issues: ambndment relating to the future alignment of a 01lector street. .
connecting S.W. Walnut Street end S.W. Gaarde Street:
March 18, 1993
Local Contract Review Board Meeting -
Executive Session: The Tigard City Council may go into Executive
r i ,4 Session under the provisions of ORS 192.660 (1) (d), (e). & (h) to discuss
i, aE{ labor relatimis, real property transactions, current and pending litigation
issues. -
Subscribed and sworn t before me thlA 18th day of March, 1993. M488 -Publish March 18,1993. i
I Notary Public for Oregon
my Commission xpirea: ~
AFFIDAVIT
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CITY OF TIGARD, OREGON
C AFFIDAVIT OF POSTING
In the Matter of the Proposed
`Rit3trcC~~~N6 Ory ~~r4DR.Ati..~A~~ 'FPM -tom ~C~AR-D ~t/SriL~2 LS'`~T~-~ - -
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, PX MA Q-) begin first duly sworn, on oath,
depose a d say:
That I posted in the following public and conspicuous places, a copy of i
~r)
which were adopted at the Council Meeting dated
copy(s) of said ordinance(s) being hereto , ttached nd by referace made a part hereof,
on the S day of wy 19 q 3 -
1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon
2. West One Bank, 12260 SW Main Street, Tigard, Oregon
3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon
4. Albertson's Store, Comer of Pacific Hwy. (State Hwy. 99) and SW Durham
Road, Tigard, Oregon
Subscribed and sworn to before me this S' ~ day of V..~ 19 4 3
~ 07 F;C1!+'_ SEAL
4 ' JOAk': yAYES
NOTARY PU::L!C•0REG0N Notary blic for Oregon
COMMISS!ON NO.005513
MY COMMISSION EXPIf:ES MAY 5, 2995
My Commission Expires: 5 ! 4 5
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CATY F TIGD
OREGON
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NOTICE OF PUBLIC HEARING
ON
TIGARD WATER DISTRICT WITHDRAWAL
On February 23, 1993, the Tigard
City Council adopted Resolution No.
93-08 which set March 23, 1993 as
the date for a public hearing on the
question of withdrawal from the a
Tigard Water District. Notice is
hereby given that a public hearing
will be held on March 23, 1993, at
7:30 p.m. at the Tigard City Hall,
13125 SW Hall Blvd., Tigard, Oregon,
for the purpose of hearing public
input on the question of the City of
Tigard withdrawing from the Tigard
Water District.
Dates of Publication: March 11
March 18
(Post notice in four public places
from 3-9-93 to 3-23-93)
x
13125 SW Hall Blvd., Tlgard, OR 97223 (503) 639-4171 TDD (503) 684-2772 1
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CITY OF TIGARD, OREGON
AFFIDAVIT OF POSTING
In the Matter of the Proposed
y
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
1, U begin first duly sworn, on oath,
depose and say:
That I posted in the following public and conspicuous places, a copy of Ordinance
Number (s) q3-15 l
which were adopted at the Council Meeting dated M&,J, a 3 , i `1 i 3
copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof,
on the ~-2 day of /2/2I d&7/- i , 196/3
1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon
2. West One Bank, 12260 SW Main Street, Tigard, Oregon
3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon
4. Albertson's Store, Corner of Pacific Hwy. (State Hwy. 99) and SW Durham
Road, Tigard, Oregon
Subscribed and sworn to before me this o19' r1_ day of •-,rlgr;~t.C-~ . 19 .
OFFICIAL SEAL r 'a, a CONNIE MARTIN
NOTARY PU Notary Public for Oregon
BLIC • OREGON
COMMISSION No. 015877
MY COMMISSION EXPIRES JUNE 4, 1996 My Commission Expires:
login\jo\affpost
AGENDAITEM'NO. 2 VISITOR'S AGENDA y DATE: Marc ,23. 1993
(Limited 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 ~TO~PIC CONTACTED
R~ R0 'm f - two SV Gj~t eem e C. krh 6F I i o I~ 2 , anhi u~~s *Nt~
( < ► 6yy' SW 145"`
~,c17co~T lsco 5 ~~i~ 1-My Z ~ar.no ~cCzk- 7t gce~iaTiJV~~~I( non 'L
5- n q 76v -Is tors.s t
Depending on the number of person wishing to testify, the Chair of the Council may limit the amount
_)f 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.
AGENDA ITEM NO. 4 DATE: -.March 23;',-499&
PUBLIC HEARING - ZONE CHANGE ANNEXATION ZCA 93-0001 SWAREN A request to annex
one parcel consisting of approximately 0.48 acres to the City of Tigard and to change the zone from
Washington County R-5 (Residential, 5 units/acre) to City of Tigard R-4.5 (Residential, 4.5 units/acre).
The applicant is requesting annexation for the purpose of partitioning the parcel and connecting the lots
to city sewer. 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 and Sections 18.32.020,
18.32.040, 18.32.130, 18.136, 18.138, 18.138.020 (A)(B). LOCATION: 7480 SW Taylors Ferry Road
(WCTM 1S1 25CA, tax lot 400) ZONE: R-4.5 (Residential, 4.5 units/acre) The R-4.5 zone allows single
family residential units, public support facilities, residential treatment homes, farming, manufactured
homes, family day care, home occupations, temporary uses, and accessory structures among other
uses.
PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS
AGENDA ITEM NO. ( PLEASE PRIM
Proponent - (Speaking In Favor) ppponent - (Speaking Against)
Name Name o twgs
Address Address Ibooo Stv K C ` Uri l' ` 1 srC
Name ame
Address Address
Name Name
Address Address
Name Name
Address Address
Name Name
Address Address
Name Name
Ad-dress Address
Name Name
Address
Name Name
Address Address
Name Name
ress
Addresb
Name Name
Address dress
Name Name
Address ress
mom
Depending on the number of person wishing to testify, the Chair of the Council may limit the amount
( Y 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.
AQENbA- ITtM; i`a~ 6 DATE: -:;,,March 23, 1993
PUBLIC HEARING - TIGARD WATER DISTRICT WITHDRAWAL. The hearing is held for the purpose
of hearing public input on the question of the City of Tigard withdrawing from the Tigard Water District.
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COUNCIL AGENDA ITEM 1
i
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY j
AGENDA OF: March 23, 1993 DATE SUBMITTED: March 9. 1993
ISSUE/AGENDA TITLE: King City PREVIOUS ACTION: None
Building Code Inspection Services
Agreement PREPARED BY: Brad Roast
DEPT HEAD OK CITY ADMIN OK REQUESTED BY: King City
ISSUE BEFORE THE COUNCIL 3
Should the City enter into an agreement with the City of King City to
continue to provide building code inspection services for the City of King
City?
{
i
STAFF RECOMMENDATION
Approve the attached resolution authorizing the Mayor to enter into an s
agreement to provide building code inspection services for the City of King
City.
3
INFORMATION SUMMARY
-x
cs,
The City currently provides this service for the City of King City. The
present agreement between the City of Tigard and City of King City adopts
{ State Building Codes that are now outdated. The attached agreement (Exhibit
"All) adopts the current State Building Code.
PROPOSED ALTERNATIVES
1. Approve the attached resolution authorizing the Mayor to enter into an
agreement to provide building code inspection services for the City of
King City.
2. Deny the attached ordinance. j
FISCAL NOTES
None. No changes in the fee structure would occur as a result of this
action.
t
LM
C = TY OF° K I DSG C ='rY
RESOLUTION NO. 93-02
A RESOLUTION ADOPTING AN AGREEMENT FOR THE CITY OF TIGARD TO
PROVIDE BUILDING INSPECTIONS WITH AND FOR THE CITY OF KING CITY,
AND RESCINDING RESOLUTION NO. R-90-5.
WHEREAS, the City of King City wishes the City of Tigard to
provide building inspection services; and
WHEREAS, the City of Tigard has competent personnel to provide
the services;
BE IT RESOLVED, by the City of King City that:
Section 1: Resolution No. R-90-5 is hereby rescinded.
Section 2: The attached Building Code Services Agreement,
Exhibit "A", shall be adopted as Resolution No. 93-02.
s
Section 3: The Mayor and City Recorder are authorized by the
city Council to execute Exhibit "A".
Approved by the City Council of King City this 3rd day of
February, 1993.
CITY OF ING C OREGON
r
B
May r 1
Attest:
By
City Recorder '
i
COUNCIL AGENDA ITEM 3 5
l
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: March 23. 1993 DATE SUBMITTED: March 16. 1993
ISSUE/AGENDA TITLE: Public Works Bid PREVIOUS ACTION:
Award For umn Truck
. v WPARED BY : Kath Kaatz
DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Bob White
ISSUE BE O THE COUNCIL
The issue before the Council is the approval of bid awards for the purchase
of a dump truck.
STAFF RECOMMENDATION
1. Motion to award bid for dump truck to the lowest qualified bidder
(DSU Peterbilt, $39,244.00).
INFORMATION SUMMARY
Bids were received on 2-15-93 for the purchase of one 7-yard dump truck. The
dump truck is to be used by the Sanitary sewer crew in carrying out its
maintenance programs in accordance with USA and APWA Standards and the Street
( crew in performing its maintenance programs. This will replace a 1968, Mack
10-yard dump truck.
Following is a synopsis of the bids received:
Bruce Chevrolet $43,941.00 less trade in of $4,700.00 total bid $39,241.00
DSU Peterbilt $43,994.00 less trade in of $4,750.00 total bid $39,244.00
Northside Ford $44,375.00 less trade in of $4,500.00 total bid $39,875.00
Brattain Intl. $47,997.96 less trade in of $6,500.00 total bid $41,497.96
Bruce Chevrolet and DSU Peterbilt both bid the same dump body. However,
Bruce Chevrolet failed to complete the bid packet. DSU completed the bid
packet and includes $83.00 worth of additional repair/service manuals which
will be very valuable to our Fleet Manager.
PROPOSED ALTERNATIVES
1. Award bid per staff recommendation.
2. Give further direction to staff.
FISCAL NOTES
1. Total bid award of $39,244.00 is within the budgeted dollar amount of
$70,000.00.
2. Unknown.
N~W
COUNCIL AGENDA ITEM i
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: March 23, 1993 DATE SUBMITTED: 03/11/93
ISSUE/AGENDA TITLE: Swaren Annex. PREVIOUS ACTION None
ZCA 93-0001 Zone Change Annexat'o I
PREPARED BY: Victor Adonri
DEPT HEAD O CITY ADMIN OK REQUESTED BY: Ed Murphy
ISSUE BEFO E THE COUNCIL
Should the City Council forward 'a request for annexation of two parcels
consisting of approximately 0.48 and 0.02 acres located at 7410 and 7480 SW
Taylors Ferry 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 to the
properties.
INFORMATION SUMMARY
This annexation request consists of two parcels totaling 0.50 acres that
is contiguous to the City of Tigard on SW Taylors Ferry Road. The owner of the
tax lot 400 is requesting annexation in order to partition the property and
obtain sanitary sewer service. The owners of tax lot 301 are requesting
annexation of an 893 square foot portion of their property that was excluded
from a previous annexation. Notices were sent to property owners within 250
feet of the subject property. There has been no response from neighboring
property owners to the notice.
NOTE: The property of Thomas and Michele Conrad was annexed into the City
of Tigard in 1984. An 893 square foot area on the west side of their
property was excluded from the 1984 annexation. Both the applicant Brian
Swaren, and the Conrads are requesting that the City include this strip of land
in 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 to the
property.
2. Deny the proposal.
FISCAL NOTES
The applicant will pay the Boundary Commission fee of $140 for annexation.
The current tax assessment is $85,080 The City could increase its tax base by
approximately $165. (Assessed value multiplied by City tax base portion of tax
rate of $1.94/1000 as of 1/1/90 = $165.05).
Mai
~i - -
COUNCIL AGENDA ITEM 5
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: March 23,1993 DATE SUBMITTED: March 10, 1993
ISSUE/AGENDA TITLE: Amend Note 2 of PREVIOUS ACTION:
Comprehensive Plan Transportation a A.- 1714 A PREPARED BY: Carol A. Landsman
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
ISSUE EF THE COUNCIL
Should the City amend the Comprehensi a Plan Transportation Map by replacing
NOTE 2 study area with a defined plan to connect Gaarde Street with Walnut
Street?
STAFF RECOMMENDATION
Adopt the attached ordinance which accepts the staff option for a connection
between Gaarde Street and Walnut Street.
INFORMATION SUMMARY
As a result of the Northeast Bull Mountain Study, staff developed a proposal
to extend Gaarde Street west and north from SW 121 Avenue to connect with
Walnut Street at a point 300 feet to 400 feet east of SW 132 Avenue. This
connection would replace the Note 2 study area on the Comprehensive Plan
Transportation Map. NPO 3 and NPO 7 each developed alternative proposals
in an effort to mitigate traffic impacts in the neighborhood. The Planning
Commission heard testimony and referred the issue to the City Council which
also heard testimony and selected the staff option.
Note 2 on the Comprehensive Plan Transportation Map, the Urban Planning Area
Agreement and the Regional Transportation Plan all indicate a need for a road
connection between Walnut Street and Gaarde Street. The staff option will
result in 'zhe safest and most efficient roadway , will interfere with fewer
existing homes than the other options and will minimize impacts of through
traffic.
PROPOSED ALTERNATIVES
Adopt the NPO 7 or NPO 3 option.
-
FISCAL NOTES
cl/Gaar.Rpt
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COUNCIL AGENDA ITEM
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: March 23. 1993 DATE SUBMITTED: March 11, 1923
ISSUE/AGENDA TITLE: Withdrawal from PREVIOUS ACTION: Adoption of
the Tigard Water District Resolution 93-08 stating intent _
PREPARED BY: John Acker
DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Patrick Reilly
ISSUE BEFO T E COUNCIL
Should the City withdraw from the Tigard Water District that portion within
the City of Tigard.
S'T'AFF RECOMMENDATION
Adopt the attached ordinance which withdraws the portion of the Tigard Water
District that is in the Tigard city limits.
INFOPIG'iTION SUMMARY
After months of discussions, the cities of Tigard, King City, and Durham and
the Tigard Water District (TWD) have agreed in concept that the water system
now served by the TWD would benefit from a change in governance structure.
The course of action agreed to, includes withdrawal by the cities followed by
dissolution of the remnant district. The individual entities will then enter
into intergovernmental agreements to form a joint water agency governed by a
board of directors appointed by the respective elected bodies.
Formation of a joint water agency assures local control, keeps the water
service area intact, allows further efforts for increased efficiency, and is
the first step in establishing a single water agency for the city.
PROPOSED ALTERNATIVES
Do not withdraw and do not establish a joint water agency.
FISCAL NOTES
None
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor and Council
FROM: Patrick J. Reilly, City Administrator
DATE: March 15, 1993
SUBJECT: Water District Withdrawal
This hearing is to consider whether the City should withdraw its
portion of the water delivery system from the Tigard Water District
(TWD) as part of an agreed-to plan to form a joint water agency.
The City has the statutory right to withdraw portions of any
special service district within its boundary.
City withdrawal is the result of year-long discussions with the
Tigard Water District and the Cities of King City and Durham.
Those discussions have resulted in agreement that a joint water
agency should be established to replace the TWD. The joint water
agency would be composed of the Cities of Tigard, King City, and
Durham plus an area of unincorporated Washington County.
Withdrawal by each City, as agreed by all parties, is a step in the
process to establish the joint agency.
The City began considering water issues in April, 1991. The event
that precipitated discussions was the consolidation of Metzger
Water District and Wolf Creek Water District. During merger
proceedings there was some consideration to include TWD. At the
suggestion of a former TWD administrator, the mayor's Blue Ribbon
Task Force met and unanimously recommended that the City start on
a course to assure local control of water delivery.
In July, 1991, the City commissioned a study of the water system by
James M. Montgomery, Engineers to assess the implications of
assuming responsibility of operating the water system. The study
concluded that the City would face no physical or legal barriers in
assuming water operations. The City called a joint meeting with
all involved parties, including Lake Oswego and Portland, who
supply water to TWD, in January, 1992 to discuss consolidation
issues. Following the large meeting, a smaller committee with
representatives from Tigard, King City, Durham, and TWD was formed
to begin detailed discussions which have resulted in the present
agreement.
r
There are several advantages to local citizens of a joint agency
structure over the present structure:
1) Local control of the water delivery system is assured.
Under the present structure of a special service
district, it is possible for others to unilaterally force
merger into a larger service area. City involvement
provides greater certainty that decisions affecting water
delivery in Tigard will be made by people from the Tigard
area.
2) The entire TWD service area will remain intact. Through
intergovernmental agreements between the cities and
county, and cooperation of the remnant water district,
the service area will remain the same.
3) Opportunities for efficiency are enhanced. With the City
more closely involved in water operations there is more
opportunity for joint ventures and money savings in such
things as joint billing.
4) Creation of a joint water agency is the first step toward
establishing a single water purveyor for the entire City.
Once the joint agency is established, the City portion of
the Tualatin Valley Water District can be withdrawn and
integrated into the joint agency.
5) Coordination between the City (which is responsible for
growth management and the delivery of urban services) and
the provider of water is strengthened.
Attached please find the statement of concepts underlying the
formation of the joint water agency with comments by City of King
City and City of Tigard.
h:\login\lohn_a\uater.stf
TIGARD WATER DISTRICT
8777 S.W. BURNHAM ST.
P.O. BOX 230000
TIGARD. OREGON 97223-9917
PHONE (503) 639-1554
MEMO TQ City of Durham DATE: February 10, 1993
City of King City
City of Tigard
Roy Rogers, Washington County
FROM: Bob Wyffels, Chair
Tigard Water District
SUBJECT: Statement of Concepts for Creation of a Joint Water Agency
At our Board meeting held February 9, 1993, the Tigard Water District Board of
Commissioners approved the attached draft "Statement of Concepts" amended January 26, 1993, }
as representing the Board's position at this point in negotiations, with one additional II
clarification: Because we are very concerned about achieving some sense of continuity in the
transition of governance structures, we believe at least two of Tigard's appointees to the Board
should be current members of the Tigard Water District Board. These appointees would serve at `
the pleasure of the appointing authority, of course, and could even serve a shorter term,
depending on how the terms are structured.
In our early discussions with all the City Councils at a group meeting, we understood there to be
agreement that the current Board would be represented on the new governing board in order to
ensure some continuity. This is our proposal to achieve that goal. This is a very important
issue to us, and we hope you will recognize our concern for the smooth implementation of this
190 agreement in a way that will best benefit our patrons.
CONFIDENTIAL
CLOSED SESSION
MEMO
MY Honorable Chair and Board of Commissioners DATE: February 4, 1993
FROM: Jer' . Chenelle
SUBJECT: 190 Agreement
Statement of Issues:
The Committee negotiating the intergovernmental agreement to form a joint water agency has
requested that the "deal points" agreed upon in negotiations to date be put in writing and
approved by each jurisdiction.
Recommendation:
Approve the attached "statement of concepts" amended January 26, 1993, or give direction on
changes.
Analysis:
The attached statement was drafted by our attorney, David Knowles, to reflect our understanding
of the basic points of the agreement which have been negotiated and agreed upon so far. This is
still only a broad concept paper at this point. If the Board agrees that this reflects our
negotiations accurately, it will be given to the governing board of each of the jurisdictions for
their approval as well. When all the agencies have approved it, the attorneys will flesh out
these concepts further and we will begin discussions on more detailed wording.
If you have any questions as you read this, please feel free to call me before our Board meeting.
Thanks.
i
4 `
f
DAVIS VMlYr T TREMAME
Lawyem
2300 mat Inunt= Bmk Tower
1300 S. W. Fift Avmnve
pbobod, op, 9m
T 00) 241-2300
VAX Aoa: M) 778,52W
REPLY TO ramopm:
(503) 778.SgM - CANM FAX-L770
(503) 778-SM - OUIVEI'Y'I FY 2000 i
M) 778.5498 - X MOX 295
IMPORTANT NO 1"103
PLEASE DELIVER TBE FOLLOVAM A"TFRYAL AS SOON AS POSSIBLE.
PLEASE NOTIFY US VaUMIA EI.Y AT (503) 241.2300 W NOT RECEIVED PROPERLY.
MW COl DALINSrA7M CONSEM OF ATMRNEY PRIViiMOED AND MAIDENUAL II64ORMA'iyc7hT DrIT IDED C RCY
fOR THE USE OF THE IN VIDUAL OR MMIY NAMED BVLOW. 1F ME READER OF 'Tins L MAGE M NOT 77iL•
m ENDED REopm l7".ORT4IElc7+mAYE or-At F. rmmom m-roDar-rER?TT1p1m iN'tY7mED REGwmNT.Yt'7QI
ARE HERESY 2307IFSD THAT ANY D TIC I3mIRoJI OIL OOPYM OF 12I1S CO 3NIC1►7WN IS
MMC" MY PROMMM IF YOU HAVE RECEMM TM OOb lML7l MATH IN ERRCW, PLEASE IM AEMATELY NalW
US BY 7E EFRONE AND RMMN M ORRMAL SCE TO US AT THE ,ABOVE, ADDRESS VIA 71M US. POSTAL
SERVICE. THANtt YOU.
To: Jeri (iie
Proms: David Knawks - DWT, Pordaad
Namaher of Pages Being Swat (hwlLKdiag Corr PmW): 5
Receiving Tdeoapp Nu:abes: 639-1471
Our Me Number: 790025.2 ~
Dam Janeim 2S, 1992 Sanding Opemt= Cb E.
DESCRIMON OF DOCUMENT TRANSbUTrED: Intergovexunaeaf~tl Agiee =ir - Scabm of Concepts
MESSAGE:
c"•J, ORr,W?A_L IS BEING MAILED: AN ORIGINAL IS AVAILABLE UPON REQUEST.
FOR
CREATION OF A
Toxin Mmm AcIMCY
STATE or CRNGEPTS
. ~epared by
Tigard Ilatex District Board
NoweMber 11, 1992
Amended Ja=ary 26, 1993
1. Iatergovernmental Amt
i
A. Authority
Intergovernmental agreements are authorized by oRs
190.010 et sew. An entity created by intergavertmental
agreement may perform the functions and a exci.se the
authority of the partieto to the agreement including the
operation and ownership of a water supply system.
B. Parties
The original parties to the agreement shall be the City
of Tigard, City of Durham, City of King City, Washington
County, and Tigard Water District.
C. Process is
The agreemmut shall provide for the 'format-ion and
structure of a Joint Water Agency (JWA). The agreement
shall further provide for the ultimate dissolution of the
Tigard Water District (TWD), at which time the TND will
no longer be a party to the agreement. The agreement
must be approved by an ordinance adopted by each of the
five original parties.
II. Goverhance Structure
A. Form
The JWA shall be governed by a board of directors
appointed by, responsible to, and acting on behalf of *the
four units of local gmt which are the permanent
parties to the agreement.
I '
Page 1 fa\79179Da2bl~VveR.egt
1 '
D. Puzpose
• ins apri, will base the essa a-epoae ass t. ~ Tigard District: the delivery of water supplies to residences
and businesses within the boundaries of the JVA.
C. Boulloary pct"'
The initial boundary of the JWA will be the same as Mar
Tigard water District boundary. The boundaries of the
JWA may change to ac%=wodate future needs such as urban
growth and annexation of other crater districts.
D. Asset ownership
!
The assets will be owned by the .7WA. This ownership will
-be subject to division of the nazets among the parties to
the agreement in the event of a dissolution of the JWA.
E. Board composition, appointment and procedure
The board of directors shall consist of seven members ~
appointed on t:be ' following basis:
1
City of Tigard 4 members
City of Durham • 1 ~aembor
City of rjzg city . 1 member
Washington County 1 x"mmber'
Members of the board may be cit' ens, elected/bffici.als
Intli government. Or the
or employees of the appo
appo3ntmments made by the ty of Tigard, no more than two
shall be employees of the City. The umber appointed by
Washington County shall represent, but need not reside
in, this unincorporated area of MashingtoA County within
the JWA. A gaorum of the board shall be five members.
All actions of the board shall require five votes.
F. Washington County participation
At such time as the boundaries of the JWA no longer
include unincorporated territory of Washington County, O
then Washington County shall ceans to be a party to the
agreement and all rights thereunder shall termminate.
G. Term of agreement
The term of Me agreement shall be perpetual. Parties to
the agreement may withdraw by providing two years S= i.^.a.
However, no withdrawal shall occur until at least five
Page 2 i:~79~79ae26~lxac..gt
yearg after adoption. Termination and dissolution of the
j= requires two years notice.
IIx. Conversion Issues
A. Procedure for conversion of TWD to JWA
1. Parties negotiate and approve statement of concepts
for intergovernmental agreement.
2. Prior to April, 1993, Tigard,, Sing City and Durham
adopt withdrawal ordinances which are effective
Suly 1, 2993.
3. Parties approve intargovezmaental agreement by
ordinance prior to July 1, 1993. Agreement f
includes plan for division of assets between the
three cities and TWD. '
4. After July 1, 1993 TWD initiates dissolution and
holds election. i
i S. if vote=s approve, Tigard receives remaining assets
of district pursuant to ORS 222.550, then transfers -
to JWA.
6. If voters disagprova, TWD provides service or
contracts with JWA to provide water service to
portion of district not withdrawn. TWD and Cities
divide assets pursuant to ORS 222.540.
8. Employees' Rights
All employees of TWO shall beevue employees of JW+ and
shall retain all existing benefits and salary, including,
but not limited to, health, retirement, disability
insurance, vages and comp tip.
C. Existing Hoard
The District aunt hold elections for the positions whose
terms expire on Duns 30, 1993. The election is on
MatrCh 23, 1993, with a filing deadline on January 21,
1993.
N. Operations Issues
A. Continuation of water supply agents
R-A vill negotiate with Fake osvego and Portland for
assignment of existing water sly agreements or will
negotiate new agreezw-uts.
Page 3 t:~791n'Op261z13wt.e9c
B. Use of assets for non-water purposes
Assets or the District, once conveyed to JET., will not be
used for non-seater related purses. This restriction
will have sufficient fle.W45%ility to per!a t consolidation
of some functions to achieve efficiencies.
C. Use of rate-payer revenues for non-mater purposes '
i
j
Water revenues stay be expended only for cost of acquiring j
and delivering water. Water revenuos may not be utilized
for city or County general fund purposes. bate payers
will not be required by participating governments to pay
franchise fees or other assessments on their water bills
for a period of five years frcaa date of adoption of the
agreement.
V. Acceptance and Implementation M
A. Ordinances ratifying 190 agreexents
JWA is formally created by ordinance adopted by each of
the participating jurisdictions. N.
f
B. Adoption of agency policies and procedures
JNA must, as first order of business, adopt policies and !
procedures -for operation of Agency. TWD will prepare
essential policies and procedures for presentation to
JWA.
Page 4
f.
G
KING CITY
15300 SW. 116th Avenue, King City, Oregon 97224 Phone: 639-4082 FiIM ;:.:FP ~ t1
R 0 8 199ar .
L`!....
March 1993
Jeri L. Chenelle
Administrative Director
Tigard Water District
8777 SW Burnham Street
Po Box 230000
Tigard, OR 97223-9917
Dear Jeri:
At their March 3 meeting, the King City City Council reviewed the
draft statement of concepts for the creation of a Joint Water
Agency.
The City Council has endorsed the statement of concepts with the
following amendments:
Board Composition
The Council has suggested if two (2) members of the Tigard
Water District Board are members of the new board, they will
be allowed to serve for only one (1) year on the new board.
The Council- would prefer, however, that the governing bodies
of the parties involved appoint their respective board
representatives.
The City Council also expressed concern about the Washington
County appointee not residing in the unincorporated area of
Washington County within the Joint Water Agency. The City
requests that the appointee from Washington County reside
within the boundaries of the new agency.
Washington County Participation
The Council also expressed that the parties involved agreed to
the concept that Washington County ceases to be a party once
the unincorporated area population becomes less than five (5)
percent of the total service district population.
( Employee Rights
The council suggested the use of the statutory language
instead of the language proposed. We believe all the parties
agreed to this proposal.
Use of Rate-Payer Revenues for Non-Water Purposes
Another item of concern by the Council was the discussion that
there be provisions for the possibility of a combined
water/sewer billing.
The final item of concern was the statement regarding franchise
fees. The Council believes the participating governments shou? d
never be allowed to pay a franchise fee. if the current wording
remains in the agreement the five years should be charged to twenty
years.
The Council has adopted the Resolution for setting a date for the
public hearing regarding the withdrawal from the Tigard Water
District. The public hearing will be held on Wednesday, March 17,
1993 at the City Council meeting.
erely,
hn A. Buol
ity Manager
JAB:mg
cc: Mayor & City Council
Pat Reilly, Tigard City Administrator
Roger Gano, Durham City Administrator
Roy Rogers, County Commissioner
r
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Cities of Durham; Fling City; Roy Rogers, Washington County; Tigard Water
District
FROM: Patrick J. Reilly, City Administrator
DATE: February 23, 1993
SUBJECT: Statement of Concepts for Creation of a Joint Water Agency
The Tigard City Council has reviewed the draft Statement of Concepts as amended
January 26, 1993. The Council generally endorses this Statement, but there are several
points which we seek to clarify. The points of clarification are as follows:
II (c) Boundary:
As we understand the wording, this permits inclusion of the Tigard portion of the
Tualatin Valley Water District.
II (e) Board Composition:
We would like specified that the governing bodies of the parties involved appoint
their respective Board representatives.
II (f) Washington County:
It is our recollection that we agreed to the concept that Washington County ceases
to be a party once unincorporated population becomes less than five percent of
the total service district population.
III (b) Employee Rights:
It is our recollection that we agreed to use statutory language.
IV (c) Use of Rate Payer Revenues for Non-Water Purposes:
We would like specified that this provision does not preclude the possibility of a
combined water-sewer bill.
We assume that our points for clarification are consistent vOth the meaning and intent of
the draft Statement of Concepts. The Tigard City Council also discussed the Water
District Board's request that at least two of Tiigard's appointees to the Joint Water Agency
Board be members of the Tigard Water District Board. The Council recognizes the
- importance of transition, and agrees to appoint two members of the Tigard Water District
Board to the Joint Water Agency Board to serve one year terms. The Council retains the
right to select all four of its representatives.
The City is setting a public hearing for withdrawal from the Water District in accord with
our agreement. The public hearing will be scheduled for March 23.
The City assumes that development of the various documents will proceed expeditiously
in line with the draft Statement of Concepts dated January 26, 1993, and as clarified
herein.
PJR/jh
c: Tigard City Council
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