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City Council Packet - 06/22/1993AGENDA A ix CITY OF TIGARD OREGO I 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 and order after 7:30 p.m-. STUDY SESSION (5:30 p.m.) Charter Amendment 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 2. VISITOR'S AGENDA (Two Minutes or Less, Please) i 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: May 25, 1993 3.2 Approve Municipal Judges' Contracts: Michael O'Brien as Municipal Judge - Resolution No. 93- ; Bruce Liebowitz as Pro-Tem Judge - Resolution No. 93- 3.3 Approve Intergovernmental Cooperation Agreement for the Community Development Block Grant Program for Program Years 1994-97 - Resolution No. 93%'_'5 3.4 Approve Coopers & Lybrand for Audit of 1992/93 Fiscal Year 3.5 initiate Vacation Proceedings for Easement located in the Jubilee Place Subdivision - Resolution No. 93- 3.6 Reaffirm Council Goals and Adopt the council Statement of Priorities for 1993-94 3.7 Renew Washington County Cooperative Library Service (WCCLS) and Washington County Interlibrary Information System (WILT) Intergovernmental Agree,;ients 3.8 Approve Extinguishment of Easement in Landau Woods Subdivision - Res. No. 93-_"7 3.9 Local Contract Review Board: Authorize Advertisement of Bids for Bull Mountain Road Improvements COUNCIL AGENDA - JUNE 22, 1993 - PAGE 1 4. PUBLIC HEARING - 1953-94 USES OF STATE REVENUE SHARING • Public Hearing Opened • Declarations or Challenges • Summation by Budget Officer • Public Testimony: Proponents, Opponents, Cross Examination • Recommendation by Budget • Council Questions or Comments • Public Hearing Closed • Consideration by Council: a. RESOLUTION NO 93-29 A RESOLUTION CERTIFYING THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUES b. ORDINANCE NO. 93- IS AN ORDINANCE DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES 5. PUBLIC BEARING - 1993-94 FISCAL YEAR BUDGET • Public Hearing Opened • Declarations or Challenges • Summation by Budget Officer • Public Testimony: Proponents, Opponents • Recommendation by Budget Officer • Council Questions or Comments • Public Hearing Closed • Consideration by Council: Resolution No. 93- 2~ { 6. CAPITAL IMPROVEMENT PROJECTS - PRIORITY LISTING • City Engineer • Time Allotted for Public Comment 7. AUTHORIZE STAFF TO ADVERTISE FOR BIDS - CONSTRUCTION OF 121ST AVENUE BIKEWAY PROJECT; 1993-94 PAVEMENT MAJOR MAINTENANCE PROJECT; MCDONALD/100TH STORM DRAINAGE PROJECT • City Engineer 8. DISCUSSION ITEM - NPO 3 REQUEST FOR APPEAL REGARDING TACO BELL APPLICATION • Legal Counsel 9. CONSIDER INTERGOVERNMENTAL AGENCY AGREEMENT FORMING A JOINT WATER AGENCY AND AUTHORIZING THE MAYOR TO SIGN - RESOLUTION NO. 93-_ • City Administrator 10. NON-AGENDA ITEMS COUNCIL AGENDA - JUNE 22, 1993 - PAGE 2 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. CI 12. ADJOURNMENT =aO622.93 C COUNCIL AGENDA - JUNE 22, 1993 - PAGE 3 Council Agenda Item 1 T I G A R D C I T Y C O U .N C I L MEETING MINUTES - JUNE 22, 1993 • Meeting was called to order at 5:30 p.m. by Mayor Edwards. 1. ROLL CALL Council Present: Mayor Jerry Edwards; Councilors Judy Fessler, Wendi Conover Hawley, Paul Hunt, and John Schwartz. Staff Present: Patrick Reilly, City Administrator; Loreen Edin, Acting Public Works Director (present only during Study Session - first item of discussion); Bill Monahan, Legal Counsel; Ed Murphy, Community Development Director; Liz Newton, Community Relations Coordinator; Tim Ramis, Legal Counsel (present for portions of the Study Session and Business meeting); and Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer. STUDY SESSION • Consent Agenda question from Councilor Hunt (Item 3.2 - Municipal Judges' contracts). Acting Public Works Director Loreen Edin clarified new contracts. Senior Judge will be compensated on a salary basis rather than hourly. The pro-tem judge is assigned a minimum number of hours per month (18). Ms. Edin advised that the contracts give the City more flexibility in accommodating case-load fluctuations. She noted the Senior Judge may not serve as a judge for any other jurisdiction. Councilor Hunt said it appeared that much of the understanding is more by mutual agreement than what is stated in the Contract; however, he did not have major concerns. Charter Amendments - City Administrator Reilly reviewed his June 14, 1993 memorandum as submitted in the Council packet. Council discussion included the following: > Discussed the mandatory appointment of Council member in case of a vacancy. Council consensus was that if the vacancy is two months or less, then the mandatory appointment wording was counterproductive. Council suggested the wording be changed from "shall" appoint to "may" appoint. > Council members did not support the wording prohibiting the interim Council member appointee from becoming a candidate for the council position at the next election. CITY COUNCIL MEETING MINUTES - JUNE 22, 1993 - PAGE 1 > Council interim council expired > Charter Preside; requested to draft wording so that the appointee could serve until the end of that position term if the term of that position in less than a year. infers that if the Mayor resigns, the Council at will act as Mayor until the next election. > Council requested that the language be reviewed which requires a Council member to resign if he/she runs for another City office "concurrent" with his/her term. The definition of "concurrent" was not known. There was discussion on the pros/cons of requiring resignation. Staff will research issues and draft language for Council consideration. > After discussion, Council consensus was not to address changing the size of Council from 5 members to 7. > After discussion, Council consensus was not to recommend changing the manner in which the Mayor is elected. > Councilors are presently elected at large by position numbers. (See pro/con statement submitted with council packet material.) After discussion, Council consensus was to direct staff to conduct more research on the pros/cons of electing Councilors by position number or by { election of the candidates receiving the most votes for open council positions. City Administrator Reilly advised draft charter amendment language would be submitted to Council, for their review, at the July 13, 1993 Council meeting. Council meeting recessed: 7 p.m. Council meeting reconvened: 7:12 p.m. • Agenda Review > Consent Agenda Item 3.9 - Advertisement of Bids - Bull Mountain Road: City Engineer Wooley responded to questions from Councilor Hunt concerning this project which included sidewalks on both sides of the road. Mr. Wooley outlined the meeting process with the County and residents from the area. The design is intended to safely accommodate pedestrians and bicyclists. The County and residents have been supportive of the proposed design. > Consent Agenda Item 3.5 - Initiation of Vacation Proceedings for an Easement Located in the Jubilee Place CITY COUNCIL MEETING MINUTES - JUNE 22, 1993 - PAGE 2 Subdivision: In response to a question from Councilor Schwartz, City Engineer advised the easement would not be eliminated; the proposal will ask for a reduction in width. Action being requested of Council at this meeting is to call for a public hearing on July 27, 1993. > City Administrator Reilly briefly reviewed the remaining agenda items. He advised he would request an Executive Session in reference to the interim water agency agreement. Council meeting recessed at 7:25 p.m. Council Meeting reconvened at 7:30 p.m. 2. VISITOR'S AGENDA Jack Polans, 16000 S.W. Queen Victoria Place, King City, OR 97224. Mr. Polans requested the following information: 1) The number of annexations approved by the Tigard City Council in the last three years. 2) Identification of properties rezoned within the Urban Growth Boundary as provided in the ORS. Mayor Edwards thanked Mr. Polans. • John LeCavalier, 6300 S.W. Nicol Road, Portland, OR 97223 advised he was representing Fans of Fanno Creek. Mr. LeCavalier referred to the recent "Hart Lake" incident where there had been some clearing of land on Saturday, June 19 and again on June 21. There was concern that the property owner had contracted out work to clear property which maY be in the wetland and/or buffer zone area. The Tigard Police Department halted the activity on Saturday until some of the questions could be answered. Upon review by Planning Staff, it appeared that clearing of the property could occur if it was not located in the wetland or 25-foot buffer area. Proper erosion control was also necessary. Mr. LeCavalier expressed concern over how the wetland/buffer areas could be protected, advising that it "would have been a travesty" if this area had been lost. Mr. LeCavalier said that if the City does not act in a more demanding way, the site may be lost. He outlined the following: 1. Erosion control should be mandated. CITY COUNCIL MEETING MINUTES - JUNE 22, 1993 - PAGE 3 2. Wetlands should be delineated and the boundary T understood. 3. Goal 5 compliance is a significant issue and this area should be protected. Mr. LeCavalier referenced the Tigard Municipal Code and his concern that the Code supports the action to clear the property because the property was defined as a "developed" site. Christie Herr, 11386 S.W. Ironwood Loop, Tigard, OR 97223, also testified about the "Hart Lake" issue. She was concerned about the bulldozer clearing the land and noted the ordinance governing this type of activity was vague and ambiguous. Ms. Herr advised that the tree ordinance should be more specific about what can be removed. Hart Lake, she informed Council, was drained and she said the property owner should be cited. • Curt Herr, 11386 S.W. Ironwood Loop, Tigard, OR 97223, also testified about the "Hart Lake" occurrence. He urged adoption of an interim ordinance to protect the wetlands until Goal 5 compliance is completed. He asked for Council support to protect natural resources. f Pete Davis, 11374 S.W. Ironwood Loop, Tigard, OR 97223, t testified on the "Hart Lake" situation referenced above. He noted this was an important issue and requested Council direct staff on priorities. Bill Mitchell, 13380 S.W. Ash Street, Tigard, OR 97223, noted concerns with the Gramor development of an apartment complex near his neighborhood. He said he would like Council to review the traffic patterns approved with regard to the entrance and exits of the development. He noted concerns over traffic impacts to neighborhood streets. (Recorder's Note: Refer to section immediately following approval of the Consent Agenda for Mayor's request of staff on this testimony.) Hart Property: Upon a request from Mayor Edwards, Community Development Director Murphy commented on the Hart Lake issue. Mr. Murphy identified three areas to be addressed in this instance: 1. Tree removal. People cannot log on "raw" land. The Hart property is considered to be developed; tree removal can occur on developed land as specified in the TMC. There is no size restriction of the parcel (i.e., a several- acre parcel with one house could be considered to be a "developed" piece of property). CITY COUNCIL MEETING MINUTES - JUNE 22, 1993 - PAGE 4 2. Wetlands. Protections are in place for wetlands and a 25-foot buffer area. 3. Erosion control is required; dirt cannot be allowed to run into the creek. Council discussed the issues. Some of the points brought out were as follows: 1. It was not known if a logging permit had ever been sought for the property. 2. Erosion control is mandatory; a citation can be issued if there is a violation. 3. The 25-foot buffered area to the wetland should be identified and staked if possible. 4. Community Development Director Murphy updated on Staff work toward Goal 5 compliance. The City must present a more complete evaluation and inventory of Goal 5 resources. 5. Staff was directed to follow up on issues brought out at this meeting. The City must also be cognizant of legal rights of the property owner. An ordinance to amend the Code, which affects property, requires time and includes a public hearing process. There can be no "bandaid" approach. Review is needed of tree removal permits with regard to developed and undeveloped property. 6. Staff will contact the property owner to delineate areas of particular concern. There may be some issues which can be resolved through voluntary compliance. 3. CONSENT AGENDA: Motion by Councilor Schwartz, seconded by Council Hunt to approve the Consent Agenda as follows: 3.1 Approve Council Minutes: May 25, 1993 3.2 Approve Municipal Judges' Contracts: Michael O'Brien as Municipal Judge - Resolution No. 93-23; Bruce Liebowitz as Pro-Tem Judge - Resolution No. 93-24 3.3 Approve Intergovernmental Cooperation Agreement for the Community Development Block Grant Program for Program Years 1994-97 - Resolution No. 93-25 3.4 Approve Coopers & Lybrand for Audit of 1992/93 Fiscal Year 3.5 Initiate Vacation Proceedings for Easement - Jubilee Place Subdivision-Res. No. 93-26 3.6 Reaffirm Council Goals and Adopt the council statement of Priorities for 1993-94 3.7 Renew Washington County Cooperative Library Service (WCCLS) and Washington County Interlibrary Information CITY COUNCIL MEETING MINUTES - JUNE 22, 1993 - PAGE 5 System (WILI) Intergovernmental Agreements 3.8 Approve Extinguishment of Easement in Landau Woods Subdivision - Res. No. 93-27 3.9 Local Contract Review Board: Authorize Advertisement of Bids for Bull Mountain Road Improvements Motion was approved by a unanimous vote of Council present. Mayor Edwards and Councilors Fessler, Hawley, Hunt and Schwartz voted "aye.") Note on Visitors Agenda: Mayor Edwards, at this point in the meeting, asked for staff follow-up at the next Council meeting with reference to Mr. Mitchell's concerns noted during the Visitor's Agenda. 4. PUBLIC HEARING - 1993-94 USES OF STATE REVENUE SHARING a. Public hearing was opened. b. There were no declarations or challenges. C. Summation of staff report by Budget Officer Wayne Lowry. d. Public testimony: • Lynda Jenkins, 15300 S.W. 116th Avenue, King City, OR 97224 and Cathy Brockamp of Dial-A-Ride requested favorable consideration of a $1,000 donation to this pilot project. They reviewed the scope of the service now being offered as well as the hopes to the future for an expanded service area. (See information filed with the Council packet material.) • Jack Polans, 16000 S.W. Queen Victoria Place, King City, OR 97224 opposed the Dial-A-Ride concept. He said that more than $10,000 has been expended on the part of King City. * Councilors Hunt and Schwartz clarified their support of the concept in response to comments made by Mr. Polans which he said he believed indicated they were not in support. Other areas in the community may benefit from this service if the pilot program is successful. Ms. Jenkins (Mayor of King City) also responded to testimony from Mr. Polans and assured Council that King City will only contribute $10,000 to the program. • Lois Miller, 11255 S.W. Meadowbrook ¢#2, Tigard, OR *See Study Session minutes of 7/13/93 for clarification of this item by Councilor Hunt. CITY COUNCIL MEETING MINUTES - JUNE 22, 1993 - PAGE 6 97224, advised that she is a user of the Dial-A- Ride program. She said the program has filled a need. e. Public hearing was closed. f. RESOLUTION NO. 93-28 - A RESOLUTION CERTIFYING THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUES. g. Motion by Councilor Schwartz, seconded by Councilor Hunt, to adopt Resolution No. 93-28. The motion passed by a unanimous vote of Council present. (Mayor Edwards, Councilors Fessler, Hawley, Hunt and Schwartz voted "Aye.") h. ORDINANCE NO. 93-15 - AN ORDINANCE DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES. i. Motion by Councilor Fessler, seconded by Councilor Hawley, to adopt ordinance No. 93-15. The motion passed by a unanimous vote of Council present. (Mayor Edwards, Councilors Fessler, Hawley, Hunt and Schwartz voted "Aye.") j. Council discussed the "Dial-A-Ride" program. Budget Committee members had been polled reference their opinion on a $1,000 donation to this program. One Committee member objected because this member does not favor City- funded social service programs. 5. PUBLIC HEARING - 1993-94 FISCAL YEAR BUDGET a. Public hearing was opened. b. There were no declarations or chalL nges. C. Summation by Budget Officer Lowry who also described amendments necessary to the proposed resolution if the Council approved the $1,000 Dial-A-Ride contribution. d. Public testimony. None. (Note Jack Polans signed up on the testimony sheet, but did not have testimony on this item.) e. Public hearing was closed. f. RESOLUTION NO. 93-29 - A RESOLUTION APPROVING THE BUDGET, MAKING APPROPRIATIONS AND DECLARING THE AD VALOREM TAX LEVY FOR FISCAL YEAR 1993-94. CITY COUNCIL MEETING MINUTES - JUNE 22, 1993 - PAGE 7 g. Motion by Councilor Hunt, seconded by Councilor Schwartz, to adopt Resolution No. 93-29 with the amendment that a $1,000 contribution to Dial-A-Ride be reflected in the Budget as outlined by Budget Officer Lowry. The motion passed by a unanimous vote of Council present. (Mayor Edwards, Councilors Fessler, Hawley, Hunt and Schwartz voted "Aye.") i h. Two representatives (from Cafe Allegro and Kitchenaire) of the downtown merchants thanked the Council for the continued allocation of $50,000 to a downtown project. The merchants have been meeting and ideas are being generated with renewed enthusiasm. 6. CAPITAL IMPROVEMENT PROJECTS - PRIORITY LISTING a. City Engineer Wooley reviewed and responded to questions of clarification regarding the Staff Report on this item. The report contained recommendations for prioritizing projects, a list of potential projects, and the funding available. b. Public r omment: • Rosemary Shrauger, 13030 S.W. Walnut Street, Tigard, Oregon 97223 noted that she would "lose" her home with the future construction of the Gaarde Street extension. She advised of the impacts this has created for her, noting that relocation would be difficult because this is not only her home but she also operates a dog kennel. Costs for relocation, she said, will be greater than what she had expected. (See 6/22/93 letter from Mrs. Shrauger to the Council which has been filed with the Council packet material.) Bill Mitchell, 13380 S.W. Ash Street, Tigard, OR 97223, noted he does not want Ash Avenue to be extended as is now shown on the Transportation Map. He thanked the Tigard Police Department for assistance with problems with traffic speed violators. He also noted appreciation for assistance received from the Engineering Department. Gena Corbet, 13490 S.W. Watkins, Tigard, OR 97223, shared with Council a concept used in other communities for signed, designated walking zones. She said she met with School District officials who supported this concept. Such zones would address the need for safety for students and other CITY COUNCIL MEETING MINUTES - JUNE 22, 1993 - PAGE 8 pedestrians. Ms. Corbet noted the increased traffic through her neighborhood and requested consideration of these walking zones on at least one side of Park and Watkins Streets. Mayor Edwards agreed that improvements were needed in many areas of the City to alleviate problems due to growth. He noted limited resources and suggested a Local Improvement District (LID) might be an alternative to help fund some of these improvements. Ms. Corbet noted that she believed an LID would be too expensive for some of the residents because of their financial situation and the lot sizes which would mean they would have to fund a large share of an LID. She requested that City funding be considered for walking paths which would also include signage. Allen Roth, 7420 S.W. Hermosa, Tigard, OR 97223, requested a pathway be constructed on S.W. 72nd Avenue from Hermosa Way to Phil Lewis School. Mr. Roth reported on the difficulties for persons in wheelchairs to travel along this and many other areas. Jill Link, 13050 S.W. Walnut Street, Tigard, OR 97223 testified with regard to the future Gaarde Street extension which would mean that her home would have to be purchased by the City prior to construction. She advised that she feels as if she's renting land that she used to own; furthermore, she said she probably would not be able to get fair market value for her property if she tried to sell it now. She asked that the City purchase her property during the 1993-94 f iscal year. Carl Johnson, NPO 4 member, requested construction of a pathway along S.W. 72nd Avenue. He says that this requested has been made for many years. Louise Stewart, 11990 S.W. 72nd Avenue advised that since the Tigard Cinemas were built and with continued development in this area, safety concerns have increased for pedestrian-traffic along S.W. 72nd Avenue. She asked for consideration of a path from Dartmouth Street to Phil Lewis School. CITY COUNCIL MEETING MINUTES - JUNE 22, 1993 - PAGE 9 Council discussion followed. Councilor Schwartz reviewed funding availability along with the number of improvements listed. He summarized the history of how prioritizing decisions were made and Council's dilemma in choosing which projects are selected. Councilor Hunt noted his preference for a higher prioritization of pedestrian improvements. Councilor Fessler also referred to the number of projects needed as compared to the available dollars. She noted the need for compromise and creative problem solving. Council discussed the requests presented by Mrs. Shrauger and Mrs. Link for purchase of their property. After discussion, Council consensus was to direct staff to prepare a proposal for Council consideration for purchase of these properties after evidence that they have attempted to market but were unable to sell after a reasonable time frame. Additionally, Council would not intend for this action to be precedent setting. At conclusion of Council discussion on the Capital Improvement Project priorities and funding, Council direction was that committed projects could continue and the pavement major maintenance project could be initiated as outlined in Mr. Wooley's report. Council will review, on July 13, the remaining street dollar allocations, and the sanitary sewer and storm drainage projects. Council meeting recessed at 10:00 p.m. Council meeting reconvened at 10:18 p.m. 7. AUTHORIZE STAFF TO ADVERTISE FOR BIDS - CONSTRUCTION OF 121ST AVENUE BIKEWAY PROJECT; 1993-94 PAVEMENT MAJOR MAINTENANCE PROJECT; MCDONALD/100TH STORM DRAINAGE PROJECT • City Engineer received council approval, by consensus, to proceed on all but the McDonald/100th storm drainage project. It was noted that Council would have final approval through the bid award process. 8. DISCUSSION ITEM - NPO 3 REQUEST FOR APPEAL REGARDING TACO BELL APPLICATION • City Attorney Ramis reported that it has been determined that: 1. An additional hearing is necessary for the Taco Bell application. A serious defect existed in the first application insofar as Taco Bell failed to include all of the owners of the land involved. CITY COUNCIL MEETING MINUTES - JUNE 22, 1993 - PAGE 10 2. The Hot'N Now application is valid and is eligible for a building permit. There was no major modification to the proposal; all modifications were addressed during the hearing process. 3. There are no access conditions on the Hot'N Now approvals; however, Taco Bell would need a condition of approval with regard to access onto the Hot'N Now property. With the new hearing on the Taco Bell application, city Attorney noted this may provide an opportunity for the neighborhood to have their concerns addressed. Mr. Ramis cautioned that this was a quasi-judicial matter and could come before Council on appeal. Ex parte contact, resulting in the formation of an opinion, should be avoided. Mr. Ramis reviewed the process for the new Taco Bell application. In response to an inquiry from councilor Hunt, Mr. Ramis advised that legal staff would come back with a response to the requests from the NPO concerning an appeal of a Director's letter, request for a fee waiver, and related issues if it appeared the new hearing process on the Taco Bell property would not satisfy the concerns of those NPO members making the requests. 9. CONSIDER INTERGOVERNMENTAL AGENCY AGREEMENT FORMING A JOINT WATER AGENCY AND AUTHORIZING THE MAYOR TO SIGN - RESOLUTION NO. 93- • City Administrator Note: This item was not considered by council. 10. NON-AGENDA ITEMS - None 11. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 10:30 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 12. ADJOURNMENT: 11:05 p.m. r/ Catherine Wheatley, City Re der Attest:,, //1 Mayo, City of `'ifigard" natl6 z =0622.93 CITY COUNCIL MEETING MINUTES - JUNE 22, 1993 - PAGE 11 COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 6U-O fJ Notice TT 7601 BEAVERTON. OREGON 07075 v Legal Notice Advertising The following mesttng hlgmIlItssfo l'WI'hed far' . lalet~ica: Fu11' • City of Tigard 13125 SW Ball Blvd. • Tigard, OR 97223-8199 AFFIDAVIT OF PUBLICATION agendas ma be obtained rata the City Recorjfir 13125 SX MaU ❑ Tearsheot Noll Bouleverl;Tgetd,OlItgon9722,oIrbyc0mg6394171 cn Y CiDUNCIL HUSIMS MEEMi 3 ❑ Duplicate Affld ILM22,1993 1Tf3ARI3 CL'1'Y fIs6L,1,'..1UWl+I l3ALLr 13125 S.W. HA. BOLD 33VA~, =M6, t iW Study ~g (7b COnfrtc =Rom) (S:3D Business Atoetirg {'T'own W {7:30P-lit ` Public Rcsrin STATE OF OREGON, ) ° 1933.94 (ens of Sta6a REVCnua &}tariri COUNTY OF WASHINGTON, )as' ° 1993.94 Fisctd y=B2dVA g Judith Koehler being first duly sworn, depose and say that 1 am the Advertising Director, or his principal clerk, of the-M12ard. -TI e5 a newspaper of general circulation as del ned in ORS 183.010 and 193.020; published at_ Tigard _ _.in the Wo Bald ounty In a11 te; that the ty_Go'& ess Meeting a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for One -successive and consecutive In the following issues: June 17, 1993__ _ Council Consideration • Capital Improvement Projects {Priority Llwwgj -Time wiu be ai. IWW for public txxnrnont • Interggovernmental Agreement Forming a Joint Water Agency - xesolauca AudicirrUing ft Mayor to Sign. 0 1 ot'nn Now and Taco Ha ~tiad ~ foss NPO 31w9a fts ; Local Contract Rsvie w Bcwd mmagtg Executive Session: 1110 Tigard City Council ma ga into r==W" ses- sion under the pr.visions of ORS 192660 {al {o utod~ labor relations, real property traaaacdo", current Issues. M601 -Publish June 17,1993. Subscribed and sworn to ors me thla 17th day of June. 1993 GMCIAL SEAL OBIN A. BURGESS NOfv PUBLIC IC - -OREG N0111061 OREGON Notary Pu for Ore C0M%5,%0N NO. 024552 11" 1 t MV COMM'SS ON E01AES MAY 11).112, My Commission Expires: AFFIDAVIT . El COMMUNITY NEWSPAPERS, INC. Legal P.O. 130% 370 PHONE (503) 604-0360 Nce TT 7594 BEAVERTON. OREGON 97076 Legal Notice Advertising • City of Tigard 13125 SW tiall Blvd. • Tigard, OR 97223-8199 AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, lss Judith Koehler • O Tearsheet Notice • 13 Duplicate Affidavit being first duly sworn, depose and aay at I ~rrli Advertlsing Director, or his principal clerk, of the ar _ s e newspaper of general cir~{t~atio as defined in ORS 193.010 end 193.020; published at il$aYYl __in the of said cou d toe; E h _ ° earing~ ~ge d loval a printed copy of which is hereto annexed, was published in the entire Issue of said newspaper for One successive and consecutive In the following Issues: June 10. 1993 l lll~ The City of Tigard Cityy Couxil will hold a public basil June 22, 1993 at 7:30 P.M. The pwposo of the hearing citizens an opportunity to discuss the 1993194 Budget as t Budgget commium. The meeting will be held in the TOW catcA at Tigard Cicy Hall, 13125 S.W. Hall Boulevard. 9 t of the Budget Hearing and Flltan'Is, ,Doha 1o- Oregon. wv was The 9rst not ee published in the Tigard Timos on Juno 3. 1993. A copy of tw 0110909 documet may be insQected or obtalmd at Caryy Hall between the hove of 8:00 A.M. and 5: P.M. The City Cotancit will align hold a hearing during the same City Council MeclinDto Ovo citizens ft oppoMnitY to comment"the use of State Revenue Sharing. M594 - Publish Juno 10, 1993. Subscribed and sworn to fore ms this h day of June, 199 OMC1AL SEAL _Z AOG;N A. BUGESS NOTARY P 8L C -OREGON Ile for Oregon COMM,SSION NO. 024552 MY Notary EXPIRES MAV 16. 1997 My Commission Expires: AFFIDAVIT AGENDA ITEM NO. 2 VISITOR'S AGEP3DA (Limited to 2 minutes or less, please) DATE: June 22..Il i ~3 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. C c NAME & ADDRESS TOPIC STAFF CONTACTED Po 64 - i6av so-at t V~r~ ~ e IY Z ~/8-1rl~c T~ An vn1? ; PWf1 dz~k 6uo iw-( 6zob s~ au w1 + Ca Le- 4 ~>e<z~rskw6f h-2,96 SSW, oNwooO LA LA- C~KL 113 V~ s w , oc Qa C4~- C' S'2L'N'tS'0 P~~z ~a✓~S 1\ SJ -~otn oo L l~T-~- L,a,~z VI ~~c ,~~1 X33`~~ SvS t~ A-ut, 4, r antcv IkeJ n: Vog in Vo \vnsnors.um 71-~W 3r1 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. AGENDA ITEM NO. 4 DATE:' ; June 22, ISM PUBLIC HEARING - 1993-94 USES OF STATE REVENUE SHARING PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEEN'S C. AGENDA ITEM NO. 4 PLEASE P 1 Proponent - (Speakinci In Favor) nnnnant - (Anwakinn Anainc+l .f 1J Name L d [me ~ B by-ll - dress 1/1 5~-Lob Ski dj,&~ t/ ACcreas am Name Addre~ Address ame Name Address C Address ii Name Name Address Address Name Name Address Address Name Name Address dress Name Name Add ress dress Name Name Address Address Name Name Add Tess _ dress Name Name Address Address Name Name Address Address 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. AGENDA ITEM NO. 5 r` PUBLIC HEARING - 1393-54 FISCAL YEAR BUDGET DATE: june 22i .1993 PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS a a ADEN®A ITEM NO. 5 Proponent - (Speaking In Favor) PLEASE PRI~T Opp vent - (Speaking Against) Name Name «c~ Address eae ame am i i~ Address rasa / ame ame ress ress Name Name Address Address Name E Address ,.M Name FName Address Name Name Address Name Name Address Address Name Name Address Address Name Address Fd,,,, Name Name dress .as 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. AGENDA ITEM NO. 6 DATE: June 22, 1993 PUBLIC COMMENT - CAPITAL IMPROVEMENT PROJECTS - PRIORITY LISTING PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS C AGENDA ITEM NO. 6 PLEASE PRINT Proponent - (Soeakina In Favor) ODDonent - (Soeakinsa Aaainst) 1_. Name Name rase V~ Address 5010 . Name ame Address / b1 Lk Q. rose e Name AddrOSS i Address am Name V 1 dress Address flA) z~o 5"~ Name G Name Address Address 3 S to Nam'/,4 ame e et v Address W Address ame ' Name r Tess ress Name r-- Name Address Address Name / < / Name dress ! y n J ~v ~7` rasa X) o Name ame Address dress Name Name Address Address C CITY OF TIGARD, OREGON AFFIDAVIT OF (POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) tm,J .1 begin first duly sworn, on oath, depose arid' say: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) `S ~(k which were adopted at the Council Meeting dated copy(s) of said ordinance(s) being hereto attached and,6y reference made a part hereof, on the day of 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 = day of t,t u_ '19 ~J OFFICIAL SEAL CONNIE MARTIN Notary Public for Oregon NOTARY PUBLIC OREGON COMMISSION No. 015877 ; J MY COMMISSION EXPIRES JUNE 4, 1996 My Commission Expires: i I i login\jo\affpost CITY OF TIGARD, OREGON ORDINANCE NO. 93-ja_ AN ORDINANCE DECLARING THE CITYfS ELECTION TO RECEIVE STATE REVENUES THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Pursuant to ORS 221.770, the City hereby elects to receive state revenues for fiscal year 1993-94. This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By uhQ h i M ous vote of all Council members present after being read by number and title only, this day of J/ d n4P - , 1993. Brine Wheatley, City Rec der APPROVED : This o2 day of / 1 93 . ald Edwards, Mayor Ap d as o form: City Attorney 2- D ate I certify that a public hearing before the Budget Committee was held April 5, 1993, and a public hearing before the City Council was held on June 22, 1993, giving citizens an opportunity to comment on use of State Revenue Sharing. herine Wheatley, City Re order Date ORDINANCE No. 93- 155- S+u dD Se6; an [o~aa 143 Coural CommurziCOA'IS To: Tigard City Council C From: Paul Hunt Subject: Joint Water District Date; 6/10/93 I am feeling a growing sense of frustration with the city council's ability to come to grips with the water district situation. When Mayor Edwards first presented the water the Blue Ribbon Task Force it appeared to be forward logical approach. Now I not only do straight forward but I feel there is no cons of where we want to go or how to achieve our have one. situation to a straight not see it as ansus of opinion goal - if we I am frustrate by the ill will that is being developed between members of the water district board and the city council. We are critical of them because: 1. We had trouble, and delays, in getting a 190 agreement. 2. We felt the agreement with Lake Oswego to furnish a long term water supply was: a. not long term b. actually guaranteed nothing c. was costing millions and buying nothing ( 3. We felt the contract with the administrator was not in the best interest of the public. 4. Reviewing their proposed rate increase and supporting documents it appears the budget is entirely fiscally irresponsible. I am frustrated that the water district is continuing to make decisions that will not only put the city in a bad light but will make operating the water district efficiently and profitably very difficult. I am frustrated that legal council is not, and possibly cannot, give us more definite answers as to contractual obligations if a joint water district takes over. I am frustrated because I do not understand what the interim board is and what it will accomplish. I am frustrated because the council is not calling a study session NOW to discuss our alternatives and the council determine the direction they will take. Should we proceed with the 190 agreement or form a department within the city to run a part of the water supply? Should we propose to Durham and King City that we consider the Boundary Commission's recommendation that the city of Tigard oversee water distribution? • 2 I am frustrated that in our attempt to make an amicable transition we are actually causing dissention. If we talk with Durham and King City about a 190 agreement and within six months we decide to go another direction they can very justifiably feel they have been lead down the same Primrose path we feel the Tigard Water District is leading us. I am frustrated because I feel this city council has a challenge we are stalling on. I believe Pat Reilly and legal council have done an excellent job of negotiating with all interested parties and have kept us well informed. I'm not as sure the council has been as involved in arriving at recommendations as they should be. I would like to have a study session this month, not in July, where we could discuss our alternatives, what our legal options are, and hopefully arrive at more of a definition of what we want to accomplish and the best way to arrive at this goal. Probably my biggest frustration is that I don't think we are doing a good job because we are not setting a defined goal and therefore we cannot make good business decisions. r i C Sy-~-u~ Semi can Colc~a IG3 ha,r4 e r Ano f.nd menr MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council FROM: Patrick J. Reilly, City Administrator 1 DATE: June 14, 1993 SUBJECT: Charter Amendment Discussion, June 22 I'. Agenda for Discussion 1. Mandatory Appointment in Event of Vacancy 2. Mandatory Election in Event of Vacancy 3. Prohibition of Interim Appointment to Vacancy Filing as Candidate for Position 4. Resignation Requirement to File as Candidate for Position with Concurrent Term 5. Size of Council a. Term length 6. Method of Selecting Mayor 7. Method of Electing Councilors (by position vs. at large) II. Attachments 1. Pro and Con: Selection of Mayor (Examples only) 2. Pro and Con: Election of Councilors (Examples only) 3. Summary of what Washington County Cities do. C Attachment 1 Direct Election of Mayor A) Pro 1. Voters select 2. Provides for base of political support 3. Symbolic value B) Con 1. Possible tension between Council and Mayor 2. Allows for inexperienced candidate to win 3. Position of Mayor can become too visible Council Selection of Mayor A) Pro 1. Provides opportunity for better working relationship with Council B) Con 1. Reduced visibility of position 2. Not commonly employed locally Attachment 2 Election of Councilors As Is (By Position No.) A) Pro 1. Voters are given a clear choice among candidates B) Con 1. Numbering system is artificial 2. Allows for political maneuvering (i.e., who runs for what) 3. No balanced geographical representation is assured Election of Councilors at Large (undesignated) ' A) Pro 1. Those with most votes win B) Con 1. Increases risk of winning candidate(s) having less than majority vote 2. Encourages undervoting if there is a single favorite candidate 3. No balanced geographical representation is assured Attachment No. 3 Summary of Council Composition of Other Washington County Cities CITY COUNCIL TERM ELECTION METHOD SIZE LENGTH MAYOR COUNCIL POP. BEAVERTON 4+1 4 YEARS POPULAR AT 57,000 LARGE FOREST GROVE 6+1 4 YEARS POPULAR AT 13,000 LARGE HILLSBORO 6+1 4 YEARS POPULAR BY 40,000 WARD KING CITY 6+1 MAYOR 4/ BY AT 2,000 COUNC 2 COUNCIL LARGE TUALATIN 6+1 MAYOR 4/ POPULAR BY 16,000 COUNC 2 POSITION WILSONVILLE 4+1 4 YEARS POPULAR AT 9,000 LARGE 11i- U2: 02 16:U5 '8'3626705 Ed Murphy Community Development Director 13125 S.W. Hall Blvd. PO Box 23397 Tigard, OR 97223 June 2, 1992 Dear Mr. Murphy: DLCD SALEM OeAA L~/a a l~ 3 We have received an objection from Doug Smithey to the city's final periodic review order. Specifically, the objection is that the order does not include a specific wetland site on its Goal 5 wetlands inventory. As provided by OAR 660-16-000 (5) (a) : "The local government is not required to justify in its comprehensive plan a decision not to include a particular site in the plan inventory unless challenged by the Department, objectors or the Commission based on contradictory information." (emphasis added) The objection is based on information contained in a wetlands report conducted for the city in 1989 by Scientific Resources, Inc. Mr. Smithey claims the report demonstrates that a wetland site (labelled B-2 in SRI's report) provides valuable wildlife habitat and should be determined "significant" and protected under Goal 5. We agree the SRI report does provide information that supports the objection- For this reason, the City of Tigard is required to exulain, in writing, why this site was not included on the plan inventory. In the alternative, the city may decide to label the site as "significant" and complete the Goal 5 process. Until one of these options has been completed, the city's periodic review cannot be terminated. In addition, it appears that the city has chosen not to inventory anv of the wetland sites discussed in the SRI wetlands document, since the city is still using the wetlands inventory map developed in 1984. Considering, that the SRI report is certainly specific concerning location, quality and quantity of specific resource sites 0 002 DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT Q~ 2 = ~Igr1Z-' LAK a Barbara Robots Govt=nor 1175 Court Streit INE Salem, OR 97310-0590 (503) 373-0050 FAX (503) 362-6705 V V l.' C~ r i V VU V J V r V I V V Y L~.. Y f LL:.~! Ed Murphy -2- June 2, 1992 and addresses wetlands that could be considered "significant," we request an explanation of why none of these sites were inventoried. If you have any questions and would like information regarding wetlands and Goal 5, please call Lynn Beaton at 378-8009. Sincerely, Michael J. Rupp Plan Review Manager .<wet> ti) V V V cc: Doug Smithey Mel Lucas ZONE A SW 108TH CT " -J- ZONE B co ZONE C ZONE C = w H t ~~r i w I> SW~, _ <n C BLACK DIAMOND WAY u'I Q~ ZONE =I ~ / vl ZONE, I - SW DAKOTA STREET SW DA I II`l~ D Qn r ZONE C i i \ I0 B ` I IC \ ~C ZONE B ~J ls~i..\ m\-ZONE A3 T ZONE B G R RM5 EE ,ISU W.1,11mgluR CDUnIY AREA NOT INCLUDED NATIONAL FLOOD INSURANCE PROGRAM FIRM FLOOD INSURANCE RATE MAP WASHINGTON COUNTY, OIZEGON (UNINCORPORATED AREAS) PANEL 508 OF 575 f St [ MAP INOr % r011 PANr LS NOT PRMTEOI COMMUNITY-PANEL NUMBER 410238 0508C MAP REVISED: MARCH 18, 1987 Federal Emergency Manage Agency Kt Y I V lVINr 500-Year Flood Boundary 100-Year Flood Boundary - Zone Designations, Lonc U Boundary-------- _ River Mile •M1.5 i ••ReferentCd to the National 6codetic VCrtltal UJIUrII w 1929 ' *EXPLANATION OF ZONE DESIGNATIONS ! ZONE EXPLANATION A Areas of 100-year flood; base Ilood elevations and flood hazard factors not determined. AO Areas of 100-year shallow Ilooding where depths ere between one (1) and three (3) Icet;a%crage depths of inundation are shown, but no flood hazard factors are determined. AH Areas of 100-year shallow flooding where depths are between one (1) and three (3) feet; base flood elevations are shown, but no flood hazard factors are determined. Al-A30 Areas of 100-year flood; base flood clcvatlons and flood hazard factors determined. A99 Areas of 100-year flood to be protected by flood protection system under construction; base flood elevations and flood hazard factors not determined. B Areas between limits of the 100-year flood and 500- year flood; or certain areas subject to 100-\ear flood- ing with average depths less than one ( I ) loot or where ' the contributing drainage area is less than one square mile; or areas protected by levees from the base Ilood. (Medium shading) C Areas of minimal flooding. (No shading) D Areas of undetermined, but possible, flood hazards. V Areas of 100-year coastal flood with velocrt\ (wave action); base flood elevations and flood hazard :actors not determined. V1V30 Areas of 100-year coastal flood with velo,::\ (wave action); base flood elevations and flood hazed factors determined. ZONE B 100-Year Flood Boundary ZONE B 500-Year Flood Boundary- - Base Flood Elevation Line 513 With Elevation In Feet•• Base Flood Llevation in Feet IEL 9971 Where Uniform Within Zonc•• Elevation Reference Marl. RM7x N0 11.S IU USI R l.u I.u .IV.h n"I 11" w-.0 Ilu,nl h1., er.l en I: I.nc• :1.,r \ Wray h [,..hefted b\ Ilood tomrol +I nltlurc,. Iti% mall, 1\ 1- flood in~utarttf burp..... nnl•. rt t'uc.....• net c. 1.11.1\ shot all .Ilc.ts suhit•tI I.1 Ilnruln0 r1. Ow trln• ..••a\ n .Ire .ill fh.r it ICI It It•.hures out,ult' .pt. r.d :.,oaf 11 ."1 I,u .I It, nnnt; reap v.Inr L, .fr ,t t'.o.o. I\ pr1.1.:, Mat I'.Incl,. I\III-\I Ilfl \I it It \Iltl\ FEBRUARY 14, 19711 1 I Itt)I) II.\/All lim \It \I:\ \1 \I' KI \ 1?Ir COUNCIL AGENDA ITEM 3A CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 22, 1993 DATE SUBMITTED: June 9; 1992 ISSUE/AGENDA TITLE: Approve Municipal PREVIOUS ACTION: Prior Contracts DEPT HEAD OK - CITY ADMIN OK PREPARED BY: 1 REQUESTED BY: Policy was set by Resolution 88-21 to appoint judicial staff after negotiating personal services contracts. - STAFF RECOMMENDATION Motion to approve resolutions. INFORMATION SUMMARY The past five fiscal years the City has entered into personal services contracts for the municipal judge function. Staff is recommending Municipal Court Judge Michael O'Brien's contract be renewed. Judge O'Brien has served as Municipal Judge since July 1992. If approved, Judge O'Brien will be compensated at $1600.00 per month to: preside over hearings, review and update Municipal Court rules and procedures, and conduct research as needed. A set monthly compensation amount is a change from this year's contract. The amount recommended was determined by using the hours Judge O'Brien served this fiscal year and his current hourly compensation. The change is not an increase in yearly compensation, only a difference in timing of the payments. It is also recommended that pro-tem Judge Bruce Liebowitz's contract be renewed. The contract was changed to specify Judge Liebowitz will serve a minimum of 18 days during the fiscal year. - PROPOSED ALTERNATIVES 1. Approve judicial contracts for fiscal year 1993-1994 for: Michael O'Brien, Municipal Judge and Bruce Liebowitz, pro-tem Judge. 2. Give further direction to staff. FISCAL NOTES Sufficient funds have been allocated in the 1993-1994 budget for judicial staff. r COUNCIL AGENDA ITEM 3,3 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 22, 1993 DATE SUBMITTED: May 12, 1993 ISSUE/AGENDA TITLE: Intergovernmental PREVIOUS ACTION: approved Inter- Cooperation Agreement for CDBG Pro overnmental A reement for 1991-93 Years 1994-97 U4 /a PREPARED BY: Duane Roberts DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Ed Murphy To enter into an intergovernmental cooperation agreement with Washington County for the Community Development Block Grant (CDBG) Program for the program years 1994-1997. This is being required because the existing agreement expires this year. STAFF RECOMMENDATION To authorize the mayor to sign the agreement. INFORMATION SUMMARY Community Development Block Grant funds are provided by the federal Department of Housing and Urban Development (HUD) and may be used to support a wide range of housing and community development projects. In order to receive these funds, a consortium of the county's cities and unincorporated areas was established in 1979 through intergovernmental agreements. The County and the participating cities administer the CDBG program jointly. In recent years the City has received CDBG funds for renovating the Senior Center, for installing pathways near Metzger School, and for access improvements to Englewood and Cook Parks. The current intergovernmental agreement expires this year. The proposed 1994-97 agreement will extend and updated this agreement to include changes mandated by HUD. The full intergovernmental agreement is available at the City Recorder's office for Council members or the public to review. - PROPOSED ALTERNATIVES Do not authorize the mayor to sign the agreement. FISCAL NOTES Signing the agreement and participating in the consortium is necessary for Tigard's continued eligibility for the CDBG program. Signing will not obligate the City in any way. In order to increase chances for CDBG project selection, matching amounts in the form of in-kind or hard dollars will be recommended for consideration later, when project proposals are accepted for the 1994-97 funding cycle. DR/cdbq May 13, 1993 COUNCIL AGENDA ITEM 3, L4 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 22. 1993 DATE SUBMITTED: June 11, 1993 ISSUE/AGENDA TITLE: Approve Coo er PREVIOUS ACTION: N/A and Lybrand as Auditors for audit cvViil 1992/93 fiscal ear PREPARED BY: Wayne Lowry DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Shall the City Council enter into a contract with Coopers and Lybrand, CPA's to perform the audit for the 1992/93 fiscal year. STAFF RECOMMENDATION Staff recommends contracting with Coopers and Lybrand for audit services. INFORMATION SUMMARY The City is required by State law to have an audit done each year. Coopers and Lybrand is the leader in Oregon in the field of municipal accounting and auditing. The City has a long running relationship with Coopers and Lybrand and has used them for audit services since the early 19801s. Coopers and Lybrand has submitted an engagement letter which is attached for your review. Because of their commitment to municipal auditing in Oregon and their depth and experience, we believe it is in the best interest of the City to retain them for the audit of the 1992/93 fiscal year. PROPOSED ALTERNATIVES x Approve appointment of Coopers and Lybrand. * Select another auditing firm. FISCAL NOTES The 1993/94 budget approved by the Budget Committee includes $25,000 for the annual audit. Coopers and Lybrand has quoted a price of $22,220. C t Coopers Lybrand May 25, 1993 certified public accountants 2700 First Interstate Tower telephone (503) 227-8800 Portland, Oregon 97201 Honorable Mayor and Council Members City of Tigard, Oregon 13125 S.W. Hall Blvd. Tigard, Oregon 97223 This letter sets forth our understanding of the terms and objectives of our engagement, the nature and scope of the services we will provide to the City, and the related fee arrangements. We will audit the City's financial statements as of and for the year ended June 30, 1993, in accordance with generally accepted auditing standards, and the Minimum Standards for Audits of Oregon Municipal Corporations. The objective of an audit is the expression of our opinion concerning whether the financial statements present fairly, in all material respects, the financial position, results of operations and cash flows of the entity in conformity with generally accepted accounting principles. As a part of our audit, we will consider the City's internal control structure, as required by generally accepted auditing standards for the purpose of establishing a basis for determining the nature, timing, and extent of auditing procedures necessary for expressing our opinion concerning the financial statements. Our audit will include procedures designed to provide reasonable assurance of detecting errors and irregularities that are material to the financial statements. As you are aware, however, there are inherent limitations in the auditing process. For example, audits are based on the concept of selective testing of the data being examined and are, therefore, subject to the limitation that such matters, if they exist, may not be detected. Also, because of the characteristics of irregularities, including attempts at concealment through collusion and forgery, a properly designed and executed audit may not detect a material irregularity. Coopers & Lybrand is a member firm of Coopers & Lybrand (international) Honorable Mayor and Council Members City of Tigard, Oregon May 25, 1993 Page 2 Similarly, in performing our audit we will be aware of the possibility that illegal acts may have occurred. However, it should be recognized that our audit provides no assurance that illegal acts generally will be detected, and only reasonable assurance that illegal acts having a direct and material effect on the determination of financial statement amounts will be detected. we will inform you with respect to illegal acts or material errors and irregularities that come to our attention during the course of our audit. You recognize that the financial statements and the establishment and maintenance of an internal control structure are the responsibility of the City's management. Appropriate supervisory review procedures are necessary to provide reasonable assurance that adopted policies and prescribed procedures are adhered to and to identify errors and irregularities or illegal acts. As part of our aforementioned consideration of the City's internal control structure, we will inform you of matters that come to our attention that represent significant deficiencies in the design or operation of the internal control structure. Our Firm, as well as all other major accounting firms, participates in a "peer review" program, covering our audit and accounting practices. This program requires that once every three years we subject our quality assurance practices to an examination by another accounting firm. As part of the process, the other firm will review a sample of our work. It is possible that the work we perform for you may be selected by the other firm for their review. If it is, they are bound by professional standards to keep all information confidential. If you object to having the work we do for you reviewed by our peer reviewer, please notify us in writing. At the conclusion of the engagement, the City's management will provide to us a representation letter that, among other things, will confirm management's responsibility for the preparation of the financial statements in conformity with generally accepted accounting principles, the availability of financial records and related data, the completeness and availability of all minutes of City meetings, and the absence of irregularities involving management or those employees who have significant roles in the control structure. C_ Honorable Mayor and Council Members City of Tigard, Oregon May 25, 1993 Page 3 Our fees for the audit of the City's general purpose financial statements will be $22,220 plus out of pocket expenses. Additionally, our fees for preparation of the initial, pencil draft of the report, if necessary, will be $2,885. We anticipate completing the engagement by October 31, 1993, unless unexpected factors are encountered. This timetable has been discussed with and agreed to by your accounting department, which will provide assistance to us in the audit. Should circumstances prevent the City from providing this assistance, our timetable and fees are likely to be affected. Our reports are intended for the information of the City's management and others within the organization and the State of Oregon, Secretary of State, Division of Audits. This restriction is not intended to limit the distribution of these reports which is a matter of public record. Representatives of the Division of Audits shall have access to our workpapers. In addition, the workpapers shall be maintained for a period of time to satisfy legal and administrative requirements. We shall be pleased to discuss this letter with you. Very truly yours, CZ"UAa- C. COUNCIL AGENDA ITEM 3-~ - CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 22, 1993 DATE SUBMITTED: May 13. 1993 ISSUE/AGENDA TITLE: Initiation of PREVIOUS ACTION: None Vacation Proceedings =or a oruion uj- 15 foot wide st drainage easement-ZEILF PREPARED BY: Ron Pomeroy _===Ed Murgghy -=y-- DEPT HEAD OK CITY ADMIN OK 117111111 REQUESTED BY: Should the City Council initiate vacation proceedings for a portion of a 15 foot storm drainage easement? STAFF RECOMMENDATION It is recommended that Council initiate vacation proceedings by adopting the attached resolution. INFORMATION SUAII~ARY Mr. Jay Miller requests that Council initiate vacation proceedings for a portion of the 15 foot wide storm drainage easement which crosses the northern lot line of lots 4 and 5 of the Jubilee Place subdivision. The Hearings Officer approved the preliminary subdivision plat for Jubilee Place on December 19, 1991 (SUB 91-0015). Condition of approval number two -equireB that a 15 foot wide public storm drainage easement be provided along the north property line of lots 1, 3, 4, and 5 or the provision of evidence that the private storm lines from the individual lots have access to the public storm sewer system. The final plat was recorded on December 18, 1992 showing the required 15 foot wide easement. The applicant submitted building plans for lot 4 based on only a 10 foot wide easement. A building permit was issued on March 30, 1993. The resulting 5 foot encroachment into the recorded easement resulted in a stop work order from the Building Division. The requested easement vacation would correct this encroachment. Extending this vacation across lot 5 will keep the overall easement straight and consistent in alignment with the north property line. The Engineering Department has indicated that a 10 foot easement is acceptable. Any additional width may be obtained from the property to the north upon further development. Appropriate agencies shall be contacted for comments. Attachments: Exhibit A - Vicinity map; Exhibit 3 - Applicant's request; Exhibit C - Site map; Exhibit D - Building footprint for lot #4. PROPOSED ALTERNATIVES 1. Adopt the attached resolution thereby initiating vacation proceedings and calling for a public hearing to be held on July 27, 1993. 2. Take no action at this time. FISCAL NOTES .11 fees and staff costs shall be paid by the applicant. Z J Fl -o~ 4i INEZ 1 Y Y > a C~i p a SMRFLD. 3 EXH1BIT A a a m C T. o 3 . ui NEW CASTLE HOMES, INC. P.O. 23291 T I GARD, OR 97281 CITY OF TIGARD ATT: RON POMEROY RE: REQUEST FOR VACATION OF THE SOUTHERLY 5' OF THE 15' PUBLIC STORM DRAIN EASEMENT ON THE NORTH SIDE OF LOTS 4 AND 5 JUBILEE PLACE, T I GARD, OR. ON 3-30-93 A BUILDING PERMIT WAS ISSUED AUTHORIZING A 10' RIGHT SIDE YARD SET BACK FOR LOT 4 JUBILEE. THE SITE WAS EXCAVATED, CON- CRETE FOUNDATION POURED AND INSPECTED, AND HOME WAS BEING FRAMED WHEN IT WAS DISCOVERED THE RESIDENCE WAS PARTIALLY ON THE EASE- MENT. A 15' EASEMENT ON THE SIDE OF RESIDENTIAL LOT IS UNUSUAL. LOT 4 JUBILEE IS IRREGULAR IN SHAPE AND WOULD BE DIFFICULT TO SITE EVEN A CUSTOM DESIGN OF THE SIZE AND TYPE OF HOME IN THE AREA. VACATING THE SAME 5' ON LOT 5 JUBILEE PLACE WOULD KEEP THE OVERALL EASEMENT STRAIGHT AND CONSISTENT IN ALIGNMENT WITH THE NORTH PROPERTY LINE. SINCERELY, J MILLER PRESIDENT NEW CASTLE HOMES, INC. Aff,Y&B17 B L E G E N D Yi.i ow • )owo 0°•:u :rti K' BOOK PAGE RECORDED AS DOCUMENT NO o w a - YI`M•St tOl. ..aU. 7]• 7!' ~ N t ...ID •-uu :ni wc•. KLD • i'w.40D9 an• wo+.w Ka[u rtD e..l..u K. I.Yalwl '.:c :m mitt ~u `a, EXiS*Ih~ K C.. al - y..tr wvY. 15foo•r Ensee'ne[LT !0 25 0 So too i 25. 25' wa. m wa wsD[ W 1 iuioz rtu.a• )TRACT 1NI'A' a1 nuc . s Tp•t uav ~ to rt. - mn& u m] HJft POINT a 6 sa. FT. e.n 5 ' w j I Tnfnr 9.]01 so. Fl . ) ~\J.~ cf Trl w 7,e71 s0. F. , . 4 r • c / ~ ' ~ 1 x t f. 6 ~:p • f• H. j - f.H 1 B C R m''L ^ ' ' ~ .M !y Jan srt a Hf]~J• A a . g T . i x - ~ '?ACE $ St ~ roil t CT.= _ 3 2 S.W. BILEE r9 7.033 SO. FT, 14[IK-,•:[! mrt . u a B I ISaL N.ut ~•.p,.)f 7 1 - 2 9.201 50. FT. 9 ].]40 50. FT. 7.517 $0. /T. K K.D.[.~~ aa 1 . . I I 10.119 so. FT. R ~ww um Y J f.T ,au ufu ~N., H•A OY. v.f... 1- u o s pdn0.4 DIpOTD. n) fa rr. T~ w W H ~ a St1 NE X58166 .a x .'f.i ~ " O p 9B ar •ne.i owu Kiap• i ~ D 0 a n11~ J EXHIBIT G W " Assoclates. w~Inc. W WA naO A AD l4 Tn 101/E.TO2A OGM IM/W"* . JUBILEE PEACE SITUATED IN TIE NORTHEAST OUARTER OF THE NORTHWEST DUARTER OF SECTION 11. TOWNSHIP 2 SOUTH. RANGE I WEST. WILUUETTE MERIDIAN. AND BONG A PORTION OF LOT 33. PLAT -So a A p TO THE W. 11 .10ARDIILLE HEIGHTS GRAHAM DLC N9. CITY ,OF TCARD.GWASHITNGT0. COUNTY. NOVEMBER 29 . 1992 BASIS OF BEARINGS AND BOUNDARY RESOLUTION SURVEY NUMBER 24535 a[marueD tim ~ai+. na ►ROF[l lIOMAL ,9 I K ..,D L NO SVIIVETOR I~.c, cnr a ,K .uertci rf.cE=. D. D.a9 nITCMaOM ' gala ~•~••n" SHEET I OF 2 C U R V E D A T A HUMMER MIA RAW$ MC UID RAO MONO CS »ITIf w~ IHn nn,:).•. fiy Jnr ww r..i irnw•. i1» o~ f i•]aaa• »w 1n ~.T rt n. Yii .nr 'nw n J.•. a z » ii i: r ) r.r ,r ,a.w • fw p ra. af . w ]vfra w ' + f l• 1•.C ii.TOa' Nlw S M» HflYw Jan t CtanIttarlime C®nc%epts, Inc- 640 82nd Drive Chdst=4 Oregon 97027 503 650.0188 flax 503 650-0189 CLIENT NAME: JAY MILLER BUILDER INC. ADDRESS: 9567 S.W. JUBILEE PLACE LOT: 4 JUBILEE PLACE in I p o © STORM DRAIN EASEMENT q L b._ = O 5.5 O N 61.0' DRAWN:BTA SCALE:1 "=20' DATE-'4-8-93 SSA' v . aav ~/r \ b S~rr W .S' Z 19 F a o 20. ar ~ se. ~ • .s' - cS OS 8. c r o No 4rE9r \ 00 • - 15.00, s 89'54'39° W --SIX FOOT PUBLIC UTILITY EASEMENT ALONG FRONT LOT LINES. EXHIBIT D r COUNCIL AGENDA ITEM 3- r AGENDA OF: June LZ ISSUE/AGENDA TITLE: CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY 3 DATE SUBMITTED: affirm Council PREVIOUS ACTION: DEPT HEAD OK CITY ADMIN Junq_ n 1993 PREPARED BY: Patrick J Reilly REQUESTED BY: Reaffirm the Council Goals adopted in 1989 and adopt the Council Statement of Priorities for 1993-94. STAFF RECOMMENDATION Approve the Goals and Priorities as listed on the attached. INFORMATION SUMMARY The attached represents a summary of the Council discussion from the May 18, 1993 goal-setting workshop. PROPOSED ALTERNATIVES 1. Approve the Goals and Priorities as presented. FISCAL NOTES n/a h:\login\cathy\prior Mes 5 June 22, 1993 COUNCIL GOALS The primary mission of the City of Tigard is to enhance the quality of life of its residents. Pursuant to this mission, the Council adopted the following seven broad goals in 1989 to guide the governance of the City: I. To create a strong sense of identity. II. To participate in issues impacting the well being of our community. III. To develop and maintain a positive corporate culture for the municipal organization. IV. To prudently manage the assets and resources of the City. V. To provide a level of service to our citizens that enhances a high-quality, comfortable, safe-living environment. VI. To strengthen the quality of interaction with our r citizenry. VII. To promote a balanced economy and enhance the vitality of the community. Each year the Council selects certain projects which support the broader, longer-term goals, assigning these areas of concentration priority status. COUNCIL STATEN39NT OF PRIORITIES 1993-1994 • Continue to Pursue One Water Purveyor for the City of Tigard. • Develop a Long-Term Financial Plan, Including a Capital Improvement Plan Component. • Continue to Implement a Proactive Annexation Strategy Towards the Walnut Island. • Fully Implement Community Involvement Teams (CIT's). • Clarify Board and Committee Roles, Subsequent to the Enactment of CIT's. • Conduct a Transportation Study Focused on Local-System Improvements. C~ Develop a Program for Prospective Community Leaders Explaining What it Takes to be a city councilor. • Review Development Code to Increase Protection of Existing Neighborhoods which Abut New Commercial Development. • Assess Status and Complete Inventory of Goal 5 Resources. • Position Tigard as a Planned Economic Activity Center. • Review City Charter and conduct charter Amendment Election. • Inventory Pedestrian/Bikeway Needs on a City-wide Basis. h:\login\csthy\glsprior.93 i t COUNCIL AGENDA ITEM 3• CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 22. 1993 DATE SUBMITTED: ISSUE/AGENDA TITLE: WCCLS_LibrarV4PREVIOUS ACTION: n .....4A IIL7TT.T11 anr~omontc i 777 June 11. 1993 1 11411 PREPARED BY: Kathy Davis DEPT HEAD OK CITY ADMIN OIy '("1 REQUESTED BY: ISSUE BEFOREITHE COUNCIL Should the City renew its agreement with Washington County to participate in the provision of non-fee library service to all County residents and the use of the integrated, automated library system known as 11WILI.11 - STAFF RECOMMENDATION Renew agreements as written pending review by the City's legal counsel. INFORMATION SUMMARY Public Library Services Agreement: Washington County voters approved a serial levy for fiscal years 93-96 which will provide approximately $6,800,000 each year for County-wide library services. Tigard and ten other public libraries participate in this agreement by allowing equal access to their collection to any resident of Washington County. Reimbursement for this participation is based on the number of items checked out at each library. A portion of the levied amount also pays for programs such as courier service, reference back up and program administration. 11WILI11 Agreement: Eleven member libraries, WCCLS, and a number of special and school libraries manage their collections, patron records and cooperative efforts through the use of the Washington County interlibrary information system (also known as WILI). The agreement designates ownership of the equipment, data, and responsibility for maintenance. Minor language changes from previous agreements have been reviewed and accepted by all participants. PROPOSED ALTERNATIVES FISCAL NOTES Tigard Library will receive $619,068 in the first year of the levy. This is 67% of the proposed budget for FY 1993-94. Based on statistical trends, this amount should increase approximately 10% in 194 and 195. PITBLIc li mRAR'Y SERvICEs AGREEm[ENr This Agreement is made by and between Washington County, a home rule subdivision of the State of Oregon hereinafter referred to as "County", on behalf of Washington County Cooperative Library Services, hereinafter referred to as "WCCLS", and the Cities of Beaverton, Cornelius, Forest Grove, Hillsboro, Sherwood, Tigard and Tualatin, or Cedar Mill Community Library Association, hereinafter referred to as "Contractor(s)". WHEREAS, the. voters of Washington County have approved a serial levy which will provide approximately $6,800,000 annually for fiscal years 1993-1996 for county-wide library services including non-fee access by County residents to public libraries operated by Contractors; and WHEREAS, the parties to this Agreement are either units of local government empowered by ORS 190.010 to enter into an intergovernmental agreement or are private non-profit agencies operating public libraries: and WHEREAS, all parties are desirous of providing residents of Washington County with access to public library services and Contractors are capable of providing such access and services. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. DEFINITIONS The following definitions shall be used in constructing the following phrases, terms and abbreviations in this Agreement: A WCCLS (Washington County Cooperative Library Services) - An agency of county government which exists to coordinate, contract for or provide a full range of library and information services to all residents of the county. a WCCLS Network - The consortium of public, academic, special and school libraries in Washington County which exists to provide county-wide library service. G WCCLS Professional Advisory Board - The executive body of the WCCLS Network: advisory to the Cooperative Library Advisory Board and the WCCLS Manager. D. WILI (Washington County Inter-Library Information) - An integrated. automated library system, including but not limited to on-line circulation, public access catalog, acquisitions and cataloging software, other databases, central site hardware and telecommunications equipment. E. Cooperative Library Advisory Board - The board appointed by the Washington County Board of Commissioners to develop, review and recommend library service policies, representing Public Library Services Agreement contractors and the county-at-large. Public Library Services Agreement page 1 F. (qualified Borrower - All Washington County residents and residents of counties which have reciprocal borrowing agreements with Washington County. 2. TERM OF AGREEMENT This Agreement shall be in effect from July 1, 1993, to June 30, 1996, except as otherwise provided in Section 11 of this Agreement. It is the intent of the parties that this Agreement become effective on July 1, 1993. 3. COMPENSATION As compensation to Contractor for the services to be provided pursuant to this Agreement, WCCLS agrees to make payments to Contractor according to the funding formula set forth in Section 4 below and according to the payment schedule set forth in Section 6 below. Each Contractor agrees by receipt of funds from WCCLS to expend those funds to provide library services according to Contractor's established policies, and to ensure that Contractor's library facilities are open for public use by all Qualified Borrowers. All funds received from WCCLS must be spent by Contractors on the provision of library services, including but not limited to operating and capital expenditures. 4. FUNDING FORMULA A. Method The total payment to be made to each Contractor during the term of this Agreement shall be determined by the method set forth in this Section and shall be based on the figures set forth in EXHIBIT A "Calendar Year Circulation and Reimbursement". a Total Distribution of FundG The amount for each fiscal year set forth below represents the total amount available in this Agreement for payments to all Contractors, and Banks and West Slope Community Libraries. The distribution to all recipients shall not exceed the amount listed below for each fiscal year. FY93-94 $5,462,769 FY94-95 $6.009,446 FY95-96 $6,607,190 C. Reimbursement Contractors will be reimbursed from the fund described in Section 4.13 based on circulation and reference grants. 1. Circulation. Circulation of library materials (as defined by WCCLS) to all Qualified Borrowers will be reimbursed at the rate of $1.66 per circulation for the first 30.000 circulations and $1.55 for additional circulations. The circulation identified in EXHIBIT A "Calendar Year Circulation and Reimbursement" shall be used to calculate the amount owed Contractors in this section. Circulation will include only materials loaned to Qualified Borrowers and will be adjusted for net lending or borrowing of in-county interlibrary loans before the reimbursement rates are applied. EXHIBIT A "Calendar Year Circulation and Reimbursement" will be updated annually. Public Library Services Agreement page 2 2. Reference Grants. Contractors will receive an annual Reference Grant of $1,000 for each 100,000 circulations from the previous calendar year. Each Contractor will receive no less than $1,000 each year as a Reference Grant. D. "Make Whole" Adjustment After Contractors have been reimbursed as outlined in Section 3C above, funds remaining in the Total available for that fiscal year may be distributed as a "Make Whole" adjustment. The purpose of this adjustment is to assure that, as a minimum, each city, receives payment and a share of county-wide program services from WCCLS equal to the WCCLS levy funds collected within their jurisdiction. "Make Whole" adjustments shall be computed each year in December based on the current assessed valuation. A city's percentage of the total County assessed value shall be used as their share of annual WCCLS county-wide program budgets. If a "Make Whole" adjustment is due, payment shall be made on or before April 15. The City of Wilsonville shall not be eligible for "Make Whole" funds. If funds are not available to "Make Whole" all cities, adjustments will be made as outlined in Section 5 below. 5. ADJUICTMENTS IN PAYMENTS A Payments may be adjusted by WCCLS as provided in this Section. 1. In the event that reimbursement exceeds the total funds available as defined in Section 4.13 above or if the revenue is less than projected as the basis for this Agreement, then WCCLS shall prepare a proposal for allocating the deficit in an equitable manner among the Contractors. 2. The parties agree to share any deficit among all libraries (specifically all Contractors. West Slope, Banks, and the City of Wilsonville) in an amount proportional to each library's percentage of the total amount available for payment. 8 WCCLS shall notify the Contractors in writing of any adjustments under- this Section on or before July 1. 6. PAYMENT SCHEDULE A WCCLS agrees to make circulation and reference grant reimbursement payments to those Contractors which are cities as follows: 1. Two-thirds of the total annual payment shall be made on or before December 31: and 2. One-third of the total annual payment shall be made on or before April 15. Public Library services Agreement page 3 a WCCLS agrees to make payments to Contractors which are community libraries (specifically Cedar Mill Community Library Association) on a monthly basis. 7. SPECIAL LIBRARY FUND The County on behalf of WCCLS shall maintain a Special Library Fund which shall include: A. Any remaining funds from a previous year which shall be carried over to the next year; H All property tax collections made under all library serial levies; C. All interest earnings on the Special Library Fund, in accordance with ORS 294.080(1); and D. Other revenues for library services. 8. SERVICES TO BE PROVIDED BY WCCLS WCCLS agrees to provide the following services to contractors, without limitation: A Reciprocal borrowing with other metropolitan area public libraries; a General coordination of County-wide library services among Contractors and with regional and state library service providers; C. Reference and interlibrary loan services; D. Outreach services to those people who are elderly. physically disabled and institutionalized; E. Books by Mail to qualifying Washington County residents as determined by WCCLS; F. Youth Services including the Summer Reading Program; G. Courier services; K Planning for long-tern growth and development of County-wide library services; and 1. Operation and maintenance of the Washington County Inter-Library Information (WILI) System as defined in the WILI contract. 9. SERVICES TO BE PROVIDED BY CONTRACTORS A Each Contractor agrees that Qualifying Borrowers will not be charged a fee for the initial circulation or renewal of library materials. a Each Contractor further agrees that. while it is within the sole discretion of the Contractor whether or not to charge reasonable fees for services other than circulation. Contractor shall apply all fees and Public Library Services Agreement page 4 policies uniformly to all Qualified Borrowers. Such fees may include special service and overdue fees. Nothing in this Agreement is intended to restrict Contractor's policies or fees as applied to borrowers who are not Qualified Borrowers. C. Each Contractor agrees that it will designate a staff' member with whom WCCLS deals in administration of this Agreement on behalf of Contractor and who shall be authorized to receive and give any notices which may be required under this Agreement. 10. RECORD KEEPING A WCCLS agrees to provide each Contractor with a copy of the County's annual audit, upon request by Contractor. a Each Contractor agrees to provide WCCLS with a copy of Contractor's annual audit. For purposes of this Section, the following requirements shall apply: 1. For Contractors which are cities, the audit shall be that of the city, and shall be supplied upon request of WCCLS. 2. For Contractors which are community libraries (specifically Cedar Mill Community Library Association), the audit shall be the result of an annual review of the Contractor's financial statements made by an independent certified public accountant in accordance with standards of the American Institute of Certified Public Accountants, and shall be supplied by December 31st of each year to WCCLS. C. Each Contractor agrees to provide WCCLS with a copy of the annual report required to be made to the Oregon State Library in accordance with ORS 357.520. 11. TERMINATION A The County shall have the right to terminate this Agreement upon sixty (60) days written notice. if it determines. in good faith through an open, public process. that: 1. The public interest would be served by such termination: 2. Adequate funds are not available. a Each Contractor shall have the right to terminate this Agreement upon sixty (60) days written notice, if the Contractor determines, in good faith, that: 1. The public interest in its jurisdiction or area of service would be served by such termination: or Public Library Services Agreement page 5 2. Appropriated funds for Contractor are less than the amount reasonably anticipated. C. The County and each Contractor shall have the right to terminate participation in this Agreement separately, and Agreements between remaining parties and the County shall remain in effect. D. In the event of the termination by the County or by a Contractor, the County shall provide compensation to the Contractor prorated to the date of termination. 12. COMPLIANCE WITH APPLICABLE LAWS Contractor agrees that it shall comply with all applicable laws and regulations, including but not limited to those referenced in this Section. A. Equal Opportunity County Personnel Rules provide that County shall enter into contractual agreements only with Equal Opportunity Employers. Therefore, Contractor hereby agrees that its employees (and applicants for employment) shall not be discriminated against because of race, color, national origin, religion, physical or mental handicap, sex or age, except in the case of bona fide occupational qual- ifications as defined and provided by applicable federal or state law. 13 Compliance with Applicable Provisions of ORS Chanter 279 Contractors which are community libraries further agree that they shall comply fully with all applicable provisions of ORS 279.310 ~r through 279.430. These include: ORS 279.310, ORS 279.312 relating to payment of labor, materialmen, the Industrial Accident Fund and the Department of Revenue 'and prohibiting any lien or claim to be filed against County on account of labor or material furnished: ORS 279.314 authorizing County to pay said claims on behalf of Contractor: ORS 279.316 relating to overtime and 279.320 relating to medical care. Said provisions are hereby incorporated by reference and the applicable terms contained therein shall be binding upon Contractors which are community libraries in the same manner as if they were fully set forth herein. 13. HOLD HARMLESS Each party to the Agreement agrees to hold harmless the other parties, their elected and appointed officials, employees, agents, and officers for any and all claims damages, losses and expenses, including but not limited to reasonable attorney fees, arising out of or resulting from its own negligence. performance of or failure to perform the obligations of this Agreement. 14. CAPTIONS Captions and headings used in this Agreement are for convenience only and shall not be construed or interpreted so as to enlarge or diminish the rights or obligations of the parties hereto. Public Library Services Agreement page 6 .r 15. SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this ( Agreement is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Agreement unless the result of the holding is a failure of consideration of any party. 16. AMENDMENT This Agreement may only be amended in writing and with the agreement of all parties. For Washington County Signature Title to ( aalg3 Date Date 1 APPROVED AS TO FORM: Sr. Assistant County Counsel Public Library Services Agreement page 7 Title CALENDAR YEAR CIRCULATION FOR 1992 AND REIMBURSEMENT FOR FY93-94 1992 Total Reimbursable Not ILL Adjusted Reimbursement Reference Total Circulation Circulation • Adjustment Circulation for FY93-94 Grant (adj. circ. X rate") BANKS 20,193 20,097 -2397 17,700 $29,382 $1,000 $30,382 BEAVERTON 1,159,168 1,156,424 -5214 1,151,210 $1,787,676 $12,000 $1,799,676 CEDAR MILL 410,398 410,075 1050 411,125 $640,544 $4,000 $644,544 CORNELIUS 33,999 32,932 1904 34,836 $57,296 $1,000 $58,296 FOREST GROVE 219,404 213,543 5123 218,666 $342,232 $2,000 $344,232 HILLSBORO 426,490 422,852 -1326 421,526 $656,665 $4,000 $660,665 TANASBOURNE 325,803 324,835 2726 327,561 $511,020 $3,000 $514,020 SHERWOOD 22,828 22,183 -142 22,041 $36,588 $1,000 $37,588 c TIGARD 395,488 393,018 1671 394,689 $615,068 $4,000 $619,068 n TUALATIN 221,567 220,858 6362 227,220 $355,491 $2,000 $357,491 WEST SLOPE 108,030 107,944 -2675 105,269 $166,467 $1,000 $167,467 El WILSONVILLE NA NA NA NA $20,000 NA $20,000 a, n n TOTALS 3,343,368 3,324,761 7082 3,331,843 5,218,428 $35,000 $5,253,428 m s Those figures do not include the "make whole" adjustment descr ibed In Section 4.D. 3 o Total circulation less loans to libraries outside Washington County, patrons outside MIX counties, and In-library use. Rate - $1.66 per circulation for the first 30, 000 circulations a nd $1.55 per c irculation for a ll others. Specific amount: not computed based on ci rculation va n c:\BUDGET\NONFEERE.WK1 WASHINGTON COUNTY INTER-LIBRARY INFORMATION (W X AGREEMENT This Agreement is made by and between Washington County, a home rule subdivision of the State of Oregon hereinafter referred to as "County". on behalf of Washington County Cooperative Library Services, hereinafter referred to as "WCCLS" and the Cities of Beaverton, Cornelius, Forest Grove, Hillsboro, Sherwood, Tigard and Tualatin, Cedar Mill Community Library Association, Tuality Healthcare and Oregon School of Arts and Crafts, hereinafter referred to as "WILI Users". WHEREAS, the parties hereto are currently participants in the WCCLS Network; WHEREAS, the parties are either units of local government empowered by ORS 190.010 to enter into an intergovernmental agreement; or are private non- profit agencies operating libraries, and WHEREAS, WCCLS has purchased and installed an automated integrated library system and is desirous of making this system available for use by libraries in Washington County; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. DEFINITIONS The following definitions shall be used in constructing the following phrases, terms and abbreviations in this Agreement: A WCCLS (Washington County Cooperative Library Services) - An agency of county government which exists to coordinate, contract for or provide a full range of library and information services to all residents of the county. S WCCLS Network - The consortium of public, academic, special and school libraries in Washington County which exists to provide county-wide library service. C. Professional Advisory Board - The executive body of the WCCLS Network; advisory to the Cooperative Library Advisory Board and the WCCLS Manager. D. WILI (Washington County Inter-Library Information) - An integrated. automated library system including but not limited to on-line circulation. public access catalog, acquisitions and cataloging software, other databases. central site hardware and telecommunications equipment. E. WILT User Group - A committee of the WCCLS Network which advises WCCLS on the operation of the automated library system as defined in the WILI User Group by-laws dated January 1991 and updated. The Committee is composed of one representative from each WILI User. WILL Agreement - page 1 F. Public Library Services Agreement - The contract between Washington County and library service providers to provide services to all county residents, which contains a circulation reimbursement formula under which WCCLS makes payments to public libraries. G. Cooperative Library Advisory Board - The board appointed by the Washington County Board of Commissioners to develop, review and recommend librar y service policies, representing Public Library Services 'Agreement contractors and the county-at-large. 2. TERM OF AGREEMENT This agreement shall be in effect from execution by both parties through June 30, 1996. 3. OWNERSHIP AND PAANAGEMENT OF WELI A The Washington County Board of Commissioners, as the governing body of WCCLS, retains final authority for decision-making related to WILI and its operation. S WCCLS shall have full ownership of all system hardware, software, central site peripherals, and communications equipment and shall make the system available to the WILI User according to EXHIBIT B "Equipment Schedule". All central site system upgrades will remain the property of WCCLS. C. EXHIBIT B "Equipment Schedule" lists peripheral equipment owned by User and currently connected to the system and maintained by WCCLS. Connection of any additional peripheral equipment must be approved by WCCLS. EXHIBIT B will be updated annually. D. WILI User's collection database, borrower records and circulation records shall be considered the property of that User. However, borrower and circulation records are deemed to be exempt from public disclosure as described in Section 9. CONFIDENTIALITY OF DATA of this Agreement. On termination of this Agreement by either party these files shall be provided to the WILI User by WCCLS in machine-readable form at a reasonable cost. 4. SERVICE AVAR ABILITY A WILI shall be available for use by WILI Users twenty-four (24) hours a day except 6 pm to midnight on Fridays and when maintenance or software upgrades /changes make the system unavailable. WCCLS staff shall be available to service WILT and support member libraries 8:00 am - 9:00 pm. Monday - Thursday, 8:00 am - 5:30 pm Friday, and 8:30 am - 6 pm Saturday. WCCLS, through its contracts for hardware and software maintenance, shall maintain the equipment to provide for minimal downtime excluding communications lines. No liability shall be assumed by WCCLS, however, if WILI experiences downtime. a VAU Agreement - page 2 8 The parties recognize that on occasion it may be necessary to temporarily suspend WILI availability because of operational or maintenance requirements. WCCLS agrees to provide WILI Users with prior notice of WILI unavailability except for unavoidable downtime due to WILI failure. if it will affect library operations and/or business hours, and further agrees to make every effort to schedule maintenance when libraries are not open. Such temporary suspension of WILI availability shall not be deemed an unreasonable prevention or postponement of System use by WILI Users. 5. CONTINUITY OF SERVICE A Communication Links - The WILI Users recognize that WCCLS does not control, therefore cannot warrant, the telecommunication links used to communicate from a remote site to the central computer. 8 Interruptions of Service or Loss of Data - WCCLS will duplicate at least weekly, all data maintained in the WILI database and store such duplicate tapes in a location physically apart from the site of the central system. Furthermore. WCCLS will maintain a tape transaction log so that circulation transactions can be reconstructed if a system malfunction occurs that requires restoring or rebuilding the databases, in whole or in part, from backup tapes. 6. DUTIES AND RESPONSIBILITIES OF WCCLS With the advice of the WILI User Group, WCCLS shall: A Provide or contract for the provision of hardware maintenance service on behalf of the WILI User for all remote site equipment purchased by or through WCCLS including terminals, printers, light pens, telxon units, laser readers, communications equipment and other necessary equipment as well as central site equipment. H Provide or contract for the provision of software maintenance. C Manage WILI pursuant to the terms and conditions of this Agreement. D. Regularly review the operations of the system, evaluate system performance, and develop plans for modifications, upgrades and new services. E. Purchase all central system hardware and software, house such equipment in a suitable environment and maintain said equipment in good operating condition. F. Purchase and maintain all communications equipment. both central site and remote sites, in good operating condition. G. Administer contracts with all service vendors relating to WILI. K Provide reports to WILI Users on the status and performance of WILL WILI Agreement - page 3 I. Enforce rules and regulations adopted by the WILI User Group and the WCCLS Network to coordinate orderly use of the system. J. Coordinate purchases of WILI User peripheral equipment. K. Purchase central site services and supplies and utilities connecting Users to WILL and barcodes and patron cards to be used by WILI Users. L Employ personnel needed to maintain and operate the central site utility. M. Maintain equipment listed in EXHIBIT B "Equipment Schedule". Equipment not purchased centrally through WCCLS will not be maintained by WCCLS or included in EXHIBIT B. N. Provide specifications to Users for installation of peripheral equipment. 7. DUTIES AND RESPONSIBILITIES OF WILI USERS The User shall: A Participate in the use and operations of WILI under the terms and conditions of this contract and the rules and regulations adopted by the WCCLS Network and the WILI Users Group. a Provide written authorization for WCCLS to purchase peripheral equipment on their behalf. Purchase and installation of equipment shall be paid for and owned by WILI Users. C. Obtain permission from WCCLS before attaching any peripheral equipment not purchased through WCCLS to the system to ensure compatibility and follow WCCLS guidelines for installing such equipment. WILI Users may add terminals or use ports not to exceed those specified in EXHIBIT C "Port Allocation". D. Input and delete all User's collection data, borrower and circulation information, and other non-bibliographic data into WILI according to the WILI User Group Policies and Procedures. E. Comply with the WILI User Group by-laws. F. Keep records and statistics when required by WCCLS to document system performance. G. Lend library materials subject to interlibrary loan procedures and policies of the WCCLS Network. H. Be responsible for protecting equipment in User's Library from abuse. theft or misuse, and assume financial responsibility for repairing or replacing equipment damaged by such acts. 1. Be responsible for system security by limiting access to non-public accounts to trained, authorized staff. WILI Agreement - page 4 J. Pay costs incurred by WCCLS for non-standard reports as defined by the WILI User and WCCLS. M Provide site preparation, access and space as determined by WCCLS for all on site equipment, including without limitation, furniture, data cabling from WILI communications equipment to terminals, and AC wiring. L Have a minimum of one staff person in each library trained by WCCLS for the modules including but not limited to Patron Access Catalog, Circulation, Cataloging, Acquisitions, Community Resource, and Homebound. WCCLS shall provide initial training for each User for each module. Responsibility for training of subsequent staff belongs to the WILI User or will be provided by WCCLS at cost. M. Designate at least one staff member whom WCCLS may contact concerning use of the system. N. Reimburse WCCLS on a quarterly basis for the cost of printing and mailing patron notices. S. STANDARDS FOR BIBLIOGRAPHIC RECORDS A WCCLS is responsible for maintaining Machine Readable Cataloging (MARC) records and for author and subject authority control in the WILI data base. WILI Users are responsible for inputting the necessary information, as defined by the WILI User Group and WCCLS cataloging staff, in their Bibliographic Short Entries. WCCLS will utilize several bibliographic services { to obtain MARC records. Bibliographic services will be monitored and evaluated by WCCLS in order to maintain the most appropriate and highest quality bibliographic database. B, WILI Users shall have full responsibility for linking item information (barcode number, library location, volume number, call number, copy number, type of material. publishing information, etc.) for their holdings to title information contained in the bibliographic database. 9. CONFIDENTIALITY OF DATA The patron and circulation records in the WILI database shall be deemed to be exempt from public disclosure pursuant to ORS 192.502(2) and ORS 192.502(3). The parties recognize that information contained in these records is submitted to WCCLS and the User in confidence: is not otherwise required by law to be submitted: that such information should be considered confidential: and that the public interest would suffer by any disclosure of such records. The parties recognize that in receiving such information they have obliged themselves not to disclose any such information. Designated employees shall have access to such records in the course of operating the system. However, employees of both parties shall be instructed that all such records are exempt from public disclosure and that disclosure of said records is prohibited except as required pursuant to ORS 192.460. Employees shall be instructed that if requests for disclosure are received either in writing or orally. WCCLS Manager and/or legal counsel sliall be f contacted immediately. WIU Agreement - page 5 10. COST ALLOCATION FORMILIZ A A. If funding for the operation of WILI is not appropriated and the Users choose to continue operation using other sources of funds, all WILI Users shall share proportionally in annual System costs, not to exceed those specified in EXHIBIT A "Cost Allocation Formula", which is updated annually. The cost to each WILI User, as specified in EXHIBIT A "Cost Allocation Formula" will be determined by the composite percentage, among all WILI Users, of that WILI User's number of ports, annual circulation, number of patrons, number of items, number of titles, and number of annual acquisitions from the previous calendar year. B. Libraries which are full participants in WILI and which are not signatories to the Public Library Services Agreement. shall be responsible for their share of the cost allocation on an annual basis even if WILI is funded for operation. These Users shall be notified of their share of WILI operating costs by May 1 as determined by the cost allocation formula used in EXHIBIT A "Cost Allocation Formula". These Users shall receive an invoice from WCCLS by November 1 for the annual cost which shall be paid by December 31. One year after becoming a full participant, WILI Users described in this section may petition the Cooperative Library Advisory Board by December 31 to have all or part of their annual cost allocation fee waived for the following year. 11. EQUIPMENT ADDITIONS WCCLS shall solicit written requests from Users for purchases of additional peripheral equipment in the fall and spring of each year. WCCLS staff shall f coordinate purchase of said equipment and bill WILI Users for cost plus 10% when items are received by User or no later than June 1 of the year in which the equipment was purchased. WCCLS staff will install said peripheral equipment at no cost to WILI User but installation of data cabling between WILI communications equipment and terminals shall be the responsibility of WILI User. 12. ADMISSION OF OTHER WILI USERS WCCLS shall have the option of admitting other.libraries to WILI provided that any necessary system modification shall be undertaken to insure the response times specified in the contract between WCCLS and the vendor are maintained. Conditions of admission include but are not limited to those listed in EXHIBIT D. "New User Price Policy". Admission of New Users shall require unanimous approval of present WILI Users. 13. DEFAULT A Each of the following shall constitute a default: 1. Material noncompliance with the terms of the Agreement: 2. Improper use of WILI system operating software, hardware, or peripherals. WILI Agreement - page 6 z f st a In the event of a default by a User or by WCCLS, WCCLS of the Users, respectively, shall: 1. Advise the party in writing of the alleged default and any action required to cure the default, 2. Set forth a time by which the default must be cured, a minimum of thirty (30) days. 14. ENFORCEMENT A In the event a User shall be found to be in default under the terms of this Agreement, WCCLS may, following written notice to the User: 1 Terminate the Agreement with the User; 2. Prohibit User from the use of the WILI system: 3. Take any action to cure or stop the default; 4. Recover any costs, expenses or disbursements incurred by WCCLS to cure the default. a In the event of an emergency involving, but not limited to, system damage or the breach of security or confidentiality of the database, WCCLS may lock out the User from the system without notice. C. In the event of default by WCCLS, the Users may declare this agreement terminated and may pursue any remedies available to them and each 'of them under the law. 15. TERMINATION A The County shall have the right to terminate this Agreement upon sixty (60) days writter. notice, if it determines, in good faith. through an open, public process. that: 11 The public interest would be served by such termination; 2. Adequate funds are not available. H Each Contractor shall have the right to terminate this Agreement upon sixty (60) days written notice, if the Contractor determines, in good faith. that the public interest in its jurisdiction or area of service would be served by such termination. C. The County and each Contractor shall have the right to terminate participation in this Agreement separately, and Agreements between remaining parties and the County shall remain in effect. WIU Agreement - page 7 D. On termination by either party, the WILI User shall be responsible for payment of any costs, expenses, or disbursements incurred by WCCLS to remove or otherwise mask User's data from WILL 16. INSURANCE A All parties to this Agreement shall maintain comprehensive general liability insurance or adequate reserves in a program of self-insurance covering personal injury and property damage for the User, their employees and agents. The insurance coverage shall be for a minimum of $100,000 per person, $500,000 per occurrence and $50,000 property damage. For Users which are not units of local government, certification of insurance shall be provided to WCCLS and all such insurance coverage shall name Washington County Commissioners, employees and agents as additional insured. 8 The County shall maintain insurance adequate to cover the replacement of the central site equipment including but not limited to the central processing unit, uninterruptible power supply and communications equipment. The insurance coverage shall be for a minimum of $1,000,000. 17. COMPLIANCE WITH APPLICABLE LAWS Contractor agrees that it shall comply with all applicable laws and regulations, including but not limited to those referenced in this Section. A EAual Opportunity County Personnel Rules provide that County shall enter into contractual agreements only with Equal Opportunity Employers. Therefore, Contractor hereby agrees that its employees (and applicants for employment) shall not be discriminated against because of race, color. national origin, religion, physical or mental handicap, sex or age, except in the case of bona fide occupational qualifications as defined and provided by applicable federal or state law. 8 Compliance with Applicable Provisions of ORS Chapter 279 Contractors which are community libraries further agree that they shall comply fully with all applicable provisions of ORS 279.310 through 279.430. These include: ORS 279.310, ORS 279.312 relating to payment of labor.- materialmen, the Industrial Accident Fund and the Department of Revenue and prohibiting any lien or claim to be filed against County on account of labor or material furnished: ORS 279.314 authorizing County to pay said claims on behalf of Contractor: ORS 279.316 relating to overtime and 279.320 relating to medical care. Said provisions are hereby incorporated by reference and the applicable terms contained therein shall be binding upon Contractors which are community libraries in the same manner as if they were fully set forth herein. 18. HOLD HARMLE=SS Each party to this Agreement agrees to hold harmless the other parties, their elected and appointed officials, employees, agents, and officers for any and all claims, losses, damages, and expenses. including but not limited to reasonable attorney fees, arising out of or resulting from its own negligence. performance of or failure to perform the obligations of this Agreement. WILI Agreement - page 8 19. CAPTIONS / Captions and headings used in this Agreement are for convenience only and shall not be construed or interpreted so as to enlarge or diminish the rights or obligations of the parties hereto. 20. SEVERABMITY If any section, subsection, sentence, clause, phrase or portion of this Agreement is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Agreement unless the result of the holding is a failure of consideration of any party. 21. AMENDMENT This Agreement may only be amended in writing and with the agreement of all parties. EXHIBIT A - Cost Allocation Formula (updated annually) EXHIBIT B - Equipment Schedule (updated annually) EXHIBIT C - Port Allocation EXHIBIT D - New Users Price Policy For e Ca ntractor gnatur '-M L Title LO (aa A3 Date For Washington County Signature Title Date APPROVED AS TO FORM: Sr. Assistant County Counsel WILL Agreement - page 9 Exhibit A: Cost Allocation Formula page 1 /f FY93-94 Shared Operating Cost: BBM & Outreach Banks Beaverton Cedar Mill Cornelius Forest Grove Hillsboro Ore.Sch. of Arts & Crafts Sherwood Tigard Hillsboro & Tanasbourne Tualatin Tuality Health Ctr. West Slope Total NOTES: $500,263 composite Total Annual percentage Cost Share 2.62 $13,127 1.08 $5,378 26.47 $132,432 10.82 $54,126 1.97 $9,845 9.32 $46,612 13.89 $69,511 0.51 $2,547 1.74 $8,704 12.51 $62,593 7.34 $36,703 8.09 $40,447 0.69 $3,465 2.95 $14,773 100.00 $500,263 Operating cost: Total WCCLS Automation Program budget as requested 2/93 MINUS cost-recovery services (purchase of peripherals for member libraries, postage/printing of notices). File: C:IWILIIALL0C92.WK1 WILL Agreement - page 10 J .n 1 v i I... 1. m c Ilenrlar yr Idle, voh,rnus arldoU us 1. ul p"eunl c 1u,labon parconl as of percent in ealundar percent 31 DK, 92 n1 lota 1992 of total 31 DEC C 02 of total 1992 of total rp t.,:.r,i tlrt r,, -r„n„• 6 3 •17 ~ 78.082 2 29 9.813 1 743, 4,716 4 06 1 Ir, 20.097 059 7,926 1 42 1260 1.30 0rr.r:rnnn 40 2326 1.1SG,424 33.93 128.490 2301 20,174 20.80 Coda, r.1,11 20 11 63 410.075 12.03 58.865 10.54 10.932 11.27 . n,nclus 3 t 74 32.932 0.97 17,181 3.08 1,866 1.92 t'onrI coove 12 G 98 213,543 6 27 65,300 11.69 11,142 11,49 itmsbo,o 28 16 28 422,052 12 41 74,376 13.32 12,701 13.10 OR Sch AOsP.Cial 2 1 16 3,011 0.09 3,515 0.63 343 0.35 Sherwood 3 1,74 22,103 0.65 14,146 2.53 2,042 2.11 ',gard 22 12 79 393,018 11.53 71,296 1.77 13.330 13.75 1 anasbou - 12 6 98 324,835 9 53 30.911 6 97 7,656 7.09 Tualatin 15 6 72 220,861 6.40 45.054 8.21 7,209 7 43 Tuaary Heatm Ch 1 0 58 2,142 006 4,581 0.82 1,157 1 19 %'7est Slope 6 3 49 107,944 3.17 18,199 3,26 2.453 2.53 T01a1 172 100 00 3.407,999 100.00 558.453 100 00 96,989 100.00 hold ncgs patrons - ~ os of percent as of percent _ - 31 OEC_92_ - of total 31 DEC 92 of total A+oha f LIM/Outre 14.039 1.91 3,235 1.44 Earns 8.997 1 22 1,704 0.76 CY neaverton 176,059 23 95 76,397 33.89 cedar Rt,ll 77,868 10 59 19,956 8.85 Coinel,us 19.433 2 64 3,276 1.45 Forest Grove 89,420 12,16 16,498 7.32 H.11sboro 96,847 1317 34,030 15.10 On Sch Arts6Craf 3.916 0.53 650 0.29 Sherwood 16,360 2.23 2,662 1.18 Tigard 90.205 12 27 26,962 11.96 Tanasbourrne 40 709 6 63 13 584 6 03 O , , . u Tualatin 60.801 8 27 21,180 9.40 Tuahly health Cif 10,000 1 37 288 0.13 -0 G West Slope 22.470 3 06 5,000 2.22 A n N Total 735.20.1 100 00 225,422 100 00 Exhibit B: Equipment Schedule FT93-94: Peripheral equipment connected to WILI, owned and in use by WILI Users, and maintained by WCCLS as of 1/1/93. Terminals Barcode Printers Telxon Readers units Banks 2 0 1 0 Beaverton 46 24 5 7 Cedar Mill 20 9 6 1 Cornelius 3 2 1 0 Forest Grove 15 3 7 1 Hillsboro 28 10 10 3 Tanasbourne 12 8 6 2 OSAC 2 1 1 0 Sherwood 4 2 1 0 Tigard 16 14 6 3 Tualatin 15 4 8 2 Tuality HC 1 1 1 0 West Slope 7 3 2 0 Totals 171 81 55 19 18-May-93 File: C:\WILI\EXHIB92.WKI WI1.1 Agreement - page 12 Exhibit C: Port Allocation WII J Port Allocation for the Current Computer Allocation Method: 1. The computer is licensed for 397 users. The following ports were subtracted from the 397 available before allocation: 15 ports one port for each library, Outreach & Books by Mail (so no library/program could get fewer than one) 47 ports used by the WILI program (those used by WILL staff: public and non-WILI library dial access, NULL, Gateways. other networking) 2. Each library's Composite Percentage from the Cost Allocation Formula (Exhibit A) was applied to the 335 remaining ports to arrive at their allocation. Library/ Program' Maximum number or pons available for use with present system capacity Banks 5 Books by Mail & Outreach 11 Beaverton 90 Cedar Mill 37 Cornelius 8 Forest Grove 32 Hillsboro & Tanasbourne 73 Oregon School of Arts & Crafts 3 Sherwood 7 Tigard 43 Tualatin 28 Tuality Health Information Resource Ctr. 3 West Slope 11 WILI Program Use 47 Total number of ports 397 NOTES: 1. When system activity created by Gateways warrant additional terminals at member libraries. additional user licenses will be purchased for the computer to boost the number of ports to 447. The addition of a new WILI member library would require recalculation of the allocation. 2. This port allocation for member libraries was recommended by the WILI User Group and was approved by the Professional Advisory Board on 3/25/93. WILL Agreement - page 13 X-%0 Exhibit D: New User Trace PO"iw.u ll C. New Users Price POUCY New WILI Users are responsible for the following costs: a ONE TIME STAR'-UP ranters. 1. P rtnheraud but not limited to terminals.p (including installation) lightpens, laser 2. (`ommunica i n ui m n • (including but not limited to modems and multiplexers or ethernet bridges and terminal servers and their installation) 3. aDj i(:S and servicesL(jncluding but not limited to training, D ixbr , ch sign-on fees, port/user licensing fees and supplemental programmg barcodes, patron cards) 4 Sv~+o.,, pn~rv fee: The purpose of this fee is (1) to cover WILI costs incurred for leg fees, administration and clerical support for conversion processes and. (2) to cover immediate and anticipated system upgrade costs necessary to maintain system response time. on a The System Entry Fee will be negotiated the antiPabe case b sWCC~een the cost to and new User and WCC~ depending purchase of benefit to WILL Users, for the admission of the New User to the system. This includes without limitation, tapeloading and conversion fees, p central site additional accounts and so eriph ral equipment pu chases r and staff and dules for the New hardware and central site p P ins programming costs to facilite listted abo eation. This is in addition to the other one-time start-up cost their The System Entry Fee shall apply to all use of WILI by a New User during first two years with the system. The extended period would serve to protect system integrity and response time single a oerr WLI grUsers oup r New rapid demand _ small of Users. for system resources required by purchase After the two year initiation period. New Users would continue for communications their own peripheral equipment. but WCCLS would pay equipment, supplies and services. nNQDING OPERATIN~'= COSTS New Users will be assessed a share of NVILI operating costs basedC Cost Exhibit ble during the Allocation Formula." The Cost Allocation Formula would be app second year. wiL1 Agreement - page 14 COUNCIL AGENDA ITEM 3,T ~T CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 22, 1993 DATE SUBMITTED: June 14, 1993 ISSUE/AGENDA TITLE: Easement extin - PREVIOUS ACTION: ment for Landau Woods Subdivision /1_ A S 91-06) JdA IL PREPARED BY: Greg BerryAFAV> DEPT HEAD OK CITY ADMIN OK ~jfl REQUESTED BY: ISSUE BEFO THE COUNCIL Should the sewer easement described in Exhibit "A" be extinguished? STAFF RECOMMENDATION Approval of the resolution authorizing that the easement be extinguished. INFORMATION SUMMARY In the attached letter dated June 2, 1993, the applicant of Subdivision S 91-06 has requested that this sewer easement be extinguished so that it need not appear on the deeds of the newly created lots or the subdivision plat. Since a portion of the easement contains a public sewer that will remain in service, the plat will create a new easement to replace that portion of the extinguished easement required for the sewer. Following recordation of the subdivision plat, other portions of the sewer will be relocated to new easements created by the plat. Extinguishment of easements that are no longer required for relocated sewers will be requested by the applicant once replacement lines are in service. PROPOSED ALTERNATIVES 1. Authorize the City Administrator to sign the easement extinguishment. 2. Deny authorization of the easement extinguishment. FISCAL NOTES extinquishment.SS MITCHELL (NELSON IWELBORN I REIMANN (PARTNERSHIP 1 Ell D June 2, 1993 V30 7 X99 MNWRIP +r\GNR'D Mr. Greg Berry Q~_ City of Tigard COl~ P.O. Box 23397 Tigard, Oregon 97223 RE: Landau Woods Subdivision Tree Removal Permit Application MLP 90-0015 & SUB 91-0605 Dear Greg: As per our conversation today, I am writing this letter to formally request that the City of Tigard Quit Claim a sanitary sewer easement on the above mentioned subdivision (Fee No. 90-37921). A new easement will be recorded with the plat of Landau Woods that will replace this easement. The Quit Claim deed will be recorded simultaneously with Plat to avoid having the sanitary sewer line that exists on the site without an easement. / Please let me know when this will be going to the consent agenda so I can schedule accordingly. t Thank-you Greg. Sincerely, MITCHELL NELSON WELBORN REIMANN PARTNERSHIP Jon P. imann, PP. EE. Partner c: Al Williamson PLANNERS ENGINEERS LANDSCAPE ARCHITECTS 233 SW FRONT AVE. I PORTLAND I OREGON 19720418 503.225.0822 1 FAX: 503.273 8353 COUNCIL AGENDA ITEM 5Jq 41 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 22, 1993 DATE SUBMITTED: ISSUE/AGENDA TITLE: Authorizationtoi PREVIOUS ACTION: DEPT HEAD OK CITY ADMIN PREPARED BY: Citv Engineer REQUESTED BY: Authorization to advertise for bids. STAFF RECOMMENDATION That the City Engineer be authorized to advertise for bids for the Bull Mountain Road project. INFORMATION SUMMARY Under an agreement with Washington County, the City is acting as project manager for the Bull Mountain Road project. The project is funded 100% by the County MSTIP program. Through public meetings, it has been established that the funds will be used to construct paved shoulders along both sides of Bull Mountain Road to improve pedestrian and bicycle safety. The project will begin at Pacific Highway and extend to approximately 150th Avenue. Because the project is being administered by the City, City Council authorization is needed prior to advertising for bids, as required by the City's purchasing rules. PROPOSED ALTERNATIVES FISCAL NOTES All project costs are paid by the County MSTIP (Major Streets Transportation Improvement Program). 1 Count! a3"da. uo. q_ CITY OF TIGARD, OREGON C COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 22, 1993 DATE SUBMITTED: June 11, 1993 ISSUE/AGENDA TITLE: State Shared PREVIOUS ACTION: Budcret Committee Revenue and Revenue Sharing Meetin of April 5 1993 PREPARED BY: Wayne Lowry, Fin. Dir. 1 101 DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Budget Committee POL Y ISSUE ORS 221.760 and 221.770 require the City to pass an ordinance declaring its election to receive state revenues and a resolution certifying its qualification to receive state shared revenues. INFORMATION SUMMARY o The approved 1993/94 Budget includes the following State Shared Revenues: Cigarette Tax $ 48,000 Liquor Tax 115,000 State Gas Tax 1,416,000 $1,579,000 In order to become eligible for such state revenue, the Council must certify that it provides four or more services enumerated in section 1 of ORS 221.760. The City provides the required services but must pass a resolution certifying that such services are provided (see attached resolution). O The approved 1993/94 Budget also includes state revenue sharing in the amount of $95,000. In order to receive such funds, the City Council must make an election by ordinance stating that the required public hearings were held (see attached ordinance). ALTERNATIVES CONSIDERED 1. Approve the attached Resolution and Ordinance qualifying the City to receive state revenues and revenue sharing. 2. Do nothing. FISCAL IMPACT 1. Provides state funding in the total estimated amount of $1,674,000. 2. Reduces Adopted Budget by $1,674,000. SUGGESTED ACTION Staff recommends approval of Resolution and ordinance. KING M: 1 ® 15300 S.W. 116th Avenue, King City, Oregon 97224 Phone: 639.4082 Tigard City Council June 22, 1993 7:30 p.m. * We are requesting $1,000 to partially fulfill "Other Sources" of our revenue goals. This money will be allocated to direct operating costs. * The budget outline indicates a breakdown of expenses. As a pilot program this operation is very efficient and cost effective. Because we take many passengers to specific destinations, the cost per passenger mile is very low. Based on the current budget, cost per passenger mile is only .09 cents. * This Dial -A-Ride Program is not "AN EXCLUSIVE SERVICE INTENDED ONLY FOR UPPER CLASS RIDERS". It is a crucial service which allows independence and mobility to those who would other wise be homebound. * If these geographically isolated senior citizens had to depend on Tri-Met to meet their transportation requirements many more would be homebound. * Today the Dial-A-Ride Committee voted unanimously to begin including WOODSPRING Retirement Community in the service area. By serving Woodspring we hope to demonstrate our interest in reaching a more financially diverse group of senior citizens. * By coordinating with The City of Tigard and other sponsors, this Dial-A-Ride Program can pay for itself in many ways: Quality of life improvement, clean air, meet ADA mandates and transportation planning goals. i EXPENSES Attachment #1 Dial-A-Ride Program Budget VTI Reimbursements @ .50/mile estimated 2,400 miles 1,200 (Fuel, insurance, training classes) Coordinator Fee based on approx. 20 hrs./week 8,640 Printing, Postage 500 Volunteer Recognition, miscellaneous expenses 500 TOTAL EXPENSES 10,840 REVENUE Rider Fares based Business, service City of King City Fund raising effo; Other sources TOTAL REVENUE on 520 passengers/year 520 clubs and association endorsements .1,500 funds 5,000 its 1,500 2,320 10,840 COST PER PASSENGER MILE Projected Cost Per Passenger Mile .09 (with 23% increase in ridership) Year to date .06 Should the actual increase in ridership be higher, the cost per passenger mile will go down accordingly. Cost per passenger miles is computed by # of passengers multiplied by # of miles travelled 'divided by total operating budget for period. KING CITY , 116th Avenue, King City, Oregon 97224 Phone: 639.4082-'•..:,. 15300 S.W. June 1, 1993 ' JUN 02 1993 Mr. Pat Reilly U City Administrator, City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Mr. Reilly: On behalf of the King City Dial-A-Ride Program thank you for meeting with Mayor Lynda Jenkins and myself last week to explore ways that the City of Tigard might assist in meeting the transportation goals of our mutual communities. The King City Dial-A-Ride Program provides necessary and leisure shopping transportation to elderly and disabled persons who reside within King City, Summerfield and mobile home parks surrounding King City. Currently operating two days a week, the program has potential to serve in two ways: 1) By attempting to achieve regional and state transportation goals and priorities and 2) by improving the quality ( of life for over 5,000 senior citizens. By coordinating with the county and the City of Tigard these common goals to improve transportation services, reduce the number of single occupant vehicles and meet the ADA are within our reach. As I mentioned, ridership of this new transportation service is growing rapidly and now is the time to secure finances to maintain the existing service as well as, lay the ground work for future . expansion.. i. f Specifically, 'we areregruesting $1;000 from the 'City",'of Tigard to `x be-:al located4ori,directioperating''.costs'-4!~k Tasbave x.enclbsedi a Lbudget~.. which outlines-the-existing level of operating expense along-,with 'r. other information for your review. r We realize your budget for the neat fiscal ~ year-has been outlined; however you indicated-it may. be worth our while to.: make. our.- plea:.to the Tigard City.Council:on:June 8. The information:enclosed may also be distributed to councilors. t. Once again, thank,you for your time and consideration. We, look forward to seeing you, and the :City Council .,,on•June 8;=1993at6:30 p.m. s Sincerely, & vc-e- i., Cathy rockamp Volunteer Transportation Coordinator C Dial-A-Ride Program Budget EXPENSES VTI Reimbursements @ .50/mile estimated 2,400 miles (Fuel, insurance, training classes) 1,200 Coordinator Fee based on approx. 20 hrs./week 8,640 Printing, Postage City of King City funds 500 Volunteer Recognition, miscellaneous expenses 500 40 {,2( TOTAL EXPENSES 10,840 su, ~ REVENUE Rider Fares based on 520 passengers/year 520 Business, service clubs and association endorsements 1,500 Fund raising efforts 1,500 Other sources 2.320 TOTAL REVENUE 10,840 COST PER PASSENGER MILE Projected Cost Per Passenger Mile (with 23% increase in ridership) Year to date 5,000 .09 .06 Should the actual increase in ridership be higher the cost per passenger mile down accordingly. Cost per passenger miles is computed by # of passengers multiplied by # of miles travelled divided by total operating budget for period. 1. EXISTING SERVICE AND PROGRAM DESCRIPTION The King City Dial-A-Ride provides transportation services for leisure and necessary shopping trips to elderly and disabled persons on Tuesdays and Thursdays. The current service area encompasses a five mile radius to include five retirement communities where over 5,000 senior citizens reside. The existing service is provided through a Shared Vehicle Program facilitated by Volunteer Transportation, Inc., and The American Red Cross. The van is designated to Meridian Park Hospital, Lambert House West and King City. While Meridian Park Hospital provides medical transportation services three days per week, they focus primarily on patients of Meridian Park Hospital. Lambert House West, Adult Day Care Facility, also provides transportation services to their clients only. Accordingly, King City's Dial-A-Ride Program allows all eligible residents, of the various retirement areas, to shop or do errands within a fixed-route area two days per week. Although providing limited services to this population continues to leave a void in many transportation requirements, it is essential that existing services be maintained. Therefore, we are seeking funds to continue operation of the current program. Having a stable program in place, with ridership already established, will assist in meeting ADA requirements and the growing transportation needs of this area, as well as enhance the quality of life for over 5,000 senior citizens. 2. HOURS, DAYS AND AREA OF SERVICE The Dial-A-Ride Program's service area includes Summerfield, Highlands, E1 Dorado, Royal Mobile Villa and King City retirement communities. The van operates on Tuesdays and Thursdays and transport riders from door-to-door. The Tuesday service takes riders to the King City Plaza and/or Tigard Towne Square. This schedule has a morning and an afternoon run. With the morning service, riders are picked-up around 9:00 a.m. and returned home around 11:30 a.m. With the afternoon service, riders are picked-up around 1:00 p.m. and returned home around 3:30 p.m. Unless otherwise scheduled, most riders have approximately 45 minutes at their destination. The Thursday service takes riders to Washington Square for leisure shopping. Riders are picked-up around 10:00 a.m. and returned home around 2:00 p.m. There is one two-hour shopping trip each Thursday. Rides are scheduled at least 24-hours in advance through the American Red Cross at 280-1445. Volunteer Drivers are trained on the use of the wheel chair lift and have successfully completed a drivers test while driving the van. The volunteer driver is provided with an escort to assist riders to and from their destinations. t I DIAL-A-RIDE TRANSPORTATTnN c.... Service Days 7 8 6 21 Total Riders 27 31 47 105 Rides Provided 55 64 94 213 Rider Donations 39 34 45 118 Other Donations 0 100 0 100 Miles Travelled 166 186 207 559 Mileage Expense 83 93 103 279 1 Volunteer Hours 119 71 44 234 Duplicated Rides 12 17 27 56 I Unduplicated Rides 15 14 20 49 n Total riders from within King City: 22 Total riders from Tigard city limits 15 SERVICE DAYS - The van operates on Tuesdays and Thursdays but occasionally must forego service due to the Shared Vehicle Agreement and activity schedule of Lambert House Adult Day Care Facility. TOTAL RIDERS - Total number of all clients riding in a month. RIDES PROVIDED - A ride consists of a one-way trip or boarding. RIDER DONATIONS - All clients are asked for a voluntary donation of .50 each way. If a rider cannot pay they are not turned away. OTHER DONATIONS - All non-rider donations to the Dial-A-Ride Program. MILES TRAVELLED - Number of miles travelled within one month, this includes fueling and servicing the van. MILEAGE EXPENSE - King City is charged .50/mile to cover all propane fuel, maintenance, dispatching and insurance expenses. VOLUNTEER HOURS - All volunteer hours needed to operate this service which includes volunteer training and Dial-A-Ride Committee meetings. DUPLICATED RIDE - After a rider has ridden once in a month, all rides thereafter for that rider are considered duplicated.- S+U y Sens i On (PI81'+3 DIAL-A-RIDE PROGRAM Summary of Facts t HISTORY/BACKGROUND... It is well known that Ring City and many of its surrounding areas are largely retired communities. According to the King City 1992 Census, almost 85% of this population are 65 years of age or older. The average age in King City is 76.6 years of age. A committee was formed which included representatives from various retirement communities. It was decided there was a great need to provide a transportation service which would transport less mobile citizens to do errands, shopping and leisure trips. DIAL-A-RIDE PROGRAM... With all of these factors in mind, the City of King City in cooperation with Volunteer Transportation, Inc., and the American Revd Cross have implemented a Dial-A-Ride Program. The program provides riders, who schedule rides 24-hours in advance, with door-to-door transportation service. The van is wheel chair equipped and operates on Tuesdays and Thursdays, until ridership demands expansion. SERVICE AREAS and ROUTES.-The Dial-A-Ride Program serves all of King City and the retirement communities surrounding it such as El Dorado, Highlands, Summerfield and Royal Mobile Villa. Service is provided to the King City Plaza, Tigard Towne Square on Tuesdays. The Tuesday route has a trip in the morning and one in the afternoon. On Thursdays, there is one two-hour trip to Washington Square. FUNDING ...The Dial-A-Ride Program has been given $10,000 by the city of King City as start-up funds and will operate on sponsorships and donations from here after. Volunteers drive the van and riders donate a suggested fare of $1. Grants and other funds are being sought to keep the program in operation. VOLUNTEERS.-Are provided with specialized training, auto insurance while driving the routes and a special sense of accomplishment that comes with providing a much needed service. Volunteers are always needed to drive the van or assist with loading and unloading passengers. Once trained, a volunteer need only commit to four hours a month. To volunteer, contact Cathy Brockamp at 639-4082. VOLUNTEER TRAINING... Volunteers are provided with comprehensive training sessions. These include: # Defensive Driving - Volunteer Drivers fifty-five years or older who complete this class may be eligible to receive a discount on their personal auto insurance. * Mobility Assistance & Awareness - All Volunteers are trained to assist passengers to load and unload from the van safely and easily. Vehicle Orientation - A trained instructor teaches volunteers the operation of the van. SCHEDULING RIDES ...Anyone interested in scheduling a ride should phone 280- 1445, 24-hours in advance - _Remember to indicate if you are shopping' in the morninL- or afternoon if scheduling a Tuesday ride. For More Information contact: Cathy Brockamp or John Buol at 639-4082. nTnT._A-ATn7.. TRANSPORTATTON ;:i~PRTL:::~: :~:~.•.•.•....X T. Service Days 7 8 6 21 Total Riders 27 31 47 1,15 Rides Provided 55 64 94 213 Rider Donations 39 34 45 118 Other Donations 0 100 0 100 Miles Travelled 166 186 207 559 Mileage Expense 83 93 103 279 Volunteer Hours 119 71 44 234 Duplicated Rides 12 17 27 56 Unduplicated Rides 15 14 20 49 '.dotal riders from within King City: 22 Total riders from Tigard city limits 15 SERVICE DAYS - The van operates on Tuesdays and Thursdays but occasionally must forego service due to the Shared Vehicle Agreement and activity schedule of Lambert House Adult Day Care Facility. TOTAL RIDERS - Total number of all clients riding in a month. RIDES PROVIDED - A ride consists of a one-way trip or boarding. RIDER DONATIONS - All clients are asked for a voluntary donation of .50 each way. If a rider cannot pay they are not turned away. OTHER DONATIONS - All non-rider donations to the Dial-A-Ride Program. MILES TRAVELLED - Number of miles travelled within one month, this includes fueling and servicing the van. MILEAGE EXPENSE - King City is charged .50/mile to cover all propane fuel, maintenance, dispatching and insurance expenses. VOLUNTEER HOURS - All volunteer hours needed to operate this service which includes volunteer training and Dial -A-Ride Committee meetings. DUPLICATED RIDE - After a rider has ridden once in a month, all rides thereafter for that rider are considered duplicated- 1. EXISTING SERVICE AND PROGRAM DESCRIPTION The King City Dial-A-Ride provides transportation services for leisure and necessary shopping trips to elderly and disabled persons on Tuesdays and Thursdays. The current service area encompasses a five mile radius to include five retirement communities where over 5,000 senior citizens reside. The existing service is provided through a Shared Vehicle Program facilitated by Volunteer Transportation, Inc., and The American Red Cross. The van is designated to Meridian Park Hospital, Lambert House West and King City. While Meridian Park Hospital provides medical transportation services three days per week, they focus primarily on patients of Meridian Park Hospital. Lambert House West, Adult Day Care Facility, also provides transportation services to their clients only. Accordingly, King City's Dial-A-Ride Program allows all eligible residents, of the various retirement areas, to shop or do errands within a fixed-route area two days per week. Although providing limited services to this population continues to leave a void in many transportation requirements, it is essential that existing services be maintained. Therefore, we are seeking funds to continue operation of the current program. Having a stable program in place, with ridership already established, will assist in meeting ADA requirements and the growing transportation needs of this area, as well as enhance the quality of life for over < 5,000 senior citizens. 2. HOURS, DAYS AND AREA OF SERVICE The Dial-A-Ride Program's service area includes Summerfield, / Highlands, E1 Dorado, Royal Mobile Villa and King City retirement communities. The van operates on Tuesdays and Thursdays and transport riders from door-to-door. The Tuesday_ service takes riders to the King City Plaza and/or Tigard Towne Square. This schedule has a morning and an afternoon run. With the morning service, riders are picked-up around 9:00 a.m. and returned home around 11:30 a.m. With the afternoon service, riders are picked-up around 1:00 p.m. and returned home around 3:30 p.m. Unless otherwise scheduled, most riders have approximately 45 minutes at their destination. The Thursday service takes riders to Washington Square for leisure shopping. Riders are picked-up around 10:00 a.m. and returned home around 2:00 p.m. There is one two-hour shopping trip each Thursday. Rides are scheduled at least 24-hours in advance through the American Red Cross at 280-1445. Volunteer Drivers are trained on the use of the wheel chair lift and have successfully completed a drivers test while driving the van. The volunteer driver is provided with an escort to assist riders to and from their destinations. C 3. LONG AND SHORT TERM GOALS The overall goal and objective of this Dial-A-Ride Program is to enhance the quality of life, support the independence and allow mobility to local elderly and disabled citizens who have no other means of transportation. The first priority is to secure funding to insure the ability to provide a reliable transportation service. Thereby, building a base of clientele who can depend on this service. The second priority will be to implement a business plan. Ideally, this plan allows for unlimited potential in creating an independent transportation program which involves and benefits the entire community. A) Business and Service Club Sponsorship Program - The main component of this sponsorship plan. will be to seek endorsements from local businesses or service clubs to "sponsor a day of the week". Through the use of magnetic strip signs placed on the outside of the van, organizations may advertise for the week. To further benefit Dial-A-Ride, the groups could use their weekly sales fliers or news bulletins to announce the endorsement and encourage their less mobile shoppers to ride Dial-A-Ride to complete their weekly shopping. B) Volunteer Corps Expansion - The second portion of the program's plan is to develop an expanded corps of volunteers who will drive their own cars to transport citizens to medical, dental and eye appointments. Once the volunteers are trained properly, this will be done on a mileage reimbursement basis. Meeting these goals and implementing new components to the existing program will require time and planning to build community awareness, public support and recruit/train volunteers. Ultimately, the long term goal of King City Dial-A-Ride is to provide transportation services five days a week to meet the variety of transportation demands of this area. 4. COORDINATION The cooperative operation of this program is very efficient and effective. Through an agreement which exists between Volunteer Transportation, Inc., (VTI) King City and The American Red Cross (ARC) all aspects of this program are addressed. ARC handles ride dispatching, and van maintenance while VTI provides volunteer training and vehicle insurance. Meridian Park Hospital provides a daily maintenance routine and a wheel chair for boarding frail passengers. King City has provided $10,000 in start-up funds and uses these finances to reimburses VTI at $.50 per mile for operating costs. King City has also committed $5,000 for fiscal year 1993-94 to continue to employ a part-time transportation coordinator who handles all volunteer coordination. 5. JUSTIFICATION Tri-Met offers limited fixed-route services to this area and many residents are removed from bus stop locations. Since very few other transportation resources exist, maintaining the current level of service supports local transportation planning goals in two ways: 1) By aiding in meeting the ADA requirements and 2) alleviating the burden that other agencies face in attempting to accommodate ride requests or deliver meals to this area. According to the 1992 Census, the average age in King City is over 76 years old and the majority of these households are widowed females who can no longer operate motor vehicles. Keeping this in mind, it is anticipated that the need for transportation services will continue to grow over the next decade. 6. SUCCESS MEASUREMENT Successes are measured through number of rides provided. A ride consists of a one-way trip. Through King City's tracking procedure, it is determined if the rider is a new rider (unduplicated) or an established rider each week (duplicated). Each unduplicated ride provided by this program is tracked and indicates an improvement in the quality of life for immobile residents. These statistics are reported to ARC and included in the final report to Tri-Met and the State of Oregon each month. +Zz~: VOLUNTEER APPLICATIONS FOR AMERICAN RED CROSS Since King City Dial-P_-Ride acts as partners with The American Red Cross (ARC), they have asked that all of our volunteer drivers fill out an ARC application for their records. I have enclosed these for drivers only. There's no hurry in returning them since it's just a formality. GOLD STAR VOLUNTEERS Although all of our volunteers are wonderful, there are those who "save the day" each month. In April, Nancy Sheafe and Therese Lyons helped fill-in those gaps in our volunteer schedule and I was very grateful to both of them. So far in May, Loren Farley, Mano Kannan and Arnie Saari are shinning. Mano was the driver the day I went on my first volunteer escort assignment. He gets a gold star for not leaving me at a curb somewhere. Loren gets his gold star for relieving me and saving Mano. Arnie handled the' promotional event which was held at the Highlands on Saturday, May 8. He saved my weekend and promoted Dial-P_-Ride! Thanks! May/dune 1993 WELCOME NEW VOLUNTEERS ! Welcome to Mary Romir_e, of King City, and Karen Schnagur, of Summerfield, who recently joined our volunteer corps. ?nary will be an escort and Karen will be a driver and help out with office work. Thank you both for enlisting to help make our program a success! RIDER STATISTICS THROUGH 5/13 Service days: 19 Total Riders: 91 Rides Provided: 185 Miles Travelled: 499 Mileage Expense: $249 Donations: $205.37 Volunteer Hours: 219 The program is really working thanks to all of our volunteers. And after my personal volunteer experience, I sincerely can appreciate how much work it is to provide these rides! VZN REWk:[RED ' Scrr,e of you might have noticed the van hadn't been running very well lately. it has been repaired and I'm told it's running great again. Although it wasn't the muffler or a blown head gasket, it was a sick vehicle. Let me know if there are other problems" I need to pass on to the Red Cross. STEP STOOL AVAILABLE Thanks to volunteer suggestions, there is now a step stool available for loading and unloading. It really seems to help make that first step less of a "doozy". Keep the suggestions coming! BIRTHDAY WISHES! Happy birthday to Arnie Saari, and Ted Sheaf e. We hope you have a great year filled with happiness! If I missed anyone, please let me know. SPEEDY RECOVERY WISHES VOLUNTEERS DRIVE THEIR OWN CARS Some of our volunteers have found that driving their own car is easier when there are just a couple of riders. Please don't hesitate to offer this, you will be reimbursed at 27.5 cents per mile and if you're more comfortable with that--then GREAT. Volunteer escort, Paul Latham of the Highlands, underwent eye surgery in May. He will be taking a leave of absence until August.. We will miss you Paul and hope you recover quickly. The tinle you erijoy waslifIg Is' 1101 wasted lima.. 'r 'Y- a •/^•v 744~ DIAIG-A-RIDE SHOPPING SERVICE NOW AVAILABLE! Are feeling tied down and frustrated with parking and traffic? DOOR-TO-DOOR TRANSPORTATION SERVICE IS AVAILABLE TO RESIDENTS OF: E1 Dorado, King City Highlands, Summerfield, Royal Mobile Villa and King City Retirement Communities. Why don't Mou give Dial-A-Ride a try? On Tuesdays, enjoy 45 full minutes of shopping within The King City Plaza or Tigard Towne Square in the morning or afternoon. On Thursdays, savor a relaxing two-hour shopping trip at Washington Square. A volunteer escort is on the bus to assist you with loading and unloading! WHEEL CHAIR RIDERS ARE WELCOME! To schedule your rides, call: 280-1445 at least 24-hours in advance of 7,71,E I r-- FOR MORE INFORMATION ABOUT BECOMING A VOLUNTEER DRIVER OR ANY OTHER QUESTIONS CONTACT CATHY BROCKAMP AT 639-4082. PS -0. Iff- ~Ih a+tr'Aa"r\ c e~ Driver: Al Jones 15640 SW Old Orchard Place Tigard, OR 97224 R,d~S 1. Fay Gleason 11265 Meadow Brook Drive, #5 Tigard, OR 97224 620-0451 2. Lois Miller 11255 SW Meadowbrook, #2 Tigard, OR 97224 639-4302 3. Marie Anderson 11285 SW Meadowbrook Drive, #6 Tigard, OR 97224 684-5346 4. Leta McQuary 11285 SW Meadowbrook Drive, #7 Tigard, OR 97224 684-5346 COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 22, 1993 DATE SUBMITTED: June 11, 1993 PREVIOUS ACTION: Budget Committee ISSUE/AGENDA TITLE: Adoption of 1993/94 Budget recommendation - Ma 24, 1993 PREPARED BY: Wayne Lowry 11 : DEPT HEAD OK W CITY ADMIN OK REQUESTED BY: Budget Committee Local budget law requires that a budget for the ensuing fiscal year be adopted by the governing body, after approval by the Budget Committee and after a public hearing has been held before the City Council. INFORMATION SUMMARY The City of Tigard Budget Committee reviewed the 1993/94 Proposed Budget as submitted by the Budget Officer. The Budget Committee completed their review on may 24, 1993 with approval of the budget as amended by the committee, in the amount of $27,676,500. The committee's recommended budget is reflected in the attached Resolution. Local budget law gives the governing body the authority to make certain changes to the Budget Committee recommendation prior to adoption of the budget. The Council may adjust budget resources up or down and may increase or decrease expenditures. Increases in expenditures are limited to 10% of the published total in each fund. No changes to the Budget approved by the Budget Committee are being proposed; however, the Council may initiate changes as specified above. The Budget Committee recommended 1993/94 budget is reflected in the attached resolution. ALTERNATIVES CONSIDERED 1. Adopt Resolution per Budget Committee recommendation. 2. Make changes within City Council's authority, then adopt Resolution. FISCAL IMPACT 1. Provides appropriations of $27,676,500 SUGGESTED ACTION Staff recommends approval of Resolution per Budget Committee recommendation. n:\word\flnancs\wlbudras CITY OF TIGARD, OREGON BUDGET COMMITTEE MINUTES OF MAY 24, 1993 Members Present: Paul Hunt, Wendi Conover Hawley, John Schwartz, Judy Christensen, George Burgess, Judy Fessler Staff Present: Pat Reilly, Wayne Lowry, Mary Gruss The meeting began at 4:05 p.m. The minutes of the May 17, 1993 meeting were reviewed and approved. Wayne passed out the report fiom the 4th of July Committee and their request for funding of the 1994 event for $4,000. The Committee discussed the continuation of funding using the same method as the previous 2 years. The group will get $3,000 but for every dollar of private donations they receive over $3,000, the City will match up to a total of $4,000. Paul stated he would rather give the funds to a social agency and that he had some reservations but not strong feelings either way. John commented on how well attended the event is. Judy C. mentioned that other events do not get funded. She agreed with Paul. George suggested continuing funding. After further discussion, a motion was made to continue funding of $3,000 with max of $4,000. Vote: 5 yes; 1 abstain. The Committee discussed several items on the capital equipment list. Pat called the Committee's attention to the $50,000 in the General Capital Improvement budget for City Center improvements. Both Judy F. and John discussed the progress of discussions with the downtown group on what improvements should be made. The Committee discussed parks. Wayne explained the need for a motion to approve the budget and a motion to approve the tax levies. The tax base levy was increased by $277 due to two pending annexations. The following actions were then taken. 1. Motion to approve the 1993/94 proposed budget as amended by the Budget Committee in the amount of $27,676,500. Motion made by John, seconded by George. Vote: 6 yes; 0 no. 2. Motion to approve the 1993/94 property tax levies as follows: Amount Tax Base $4,025,039 Debt Service 1,598,647 Park Serial Levy 350,000 $5,973,686 Motion made by Paul, seconded by George. Vote: 6 yes; 0 no. { The Committee discussed the process for next year. Paul noted that he would like to get information and agendas before each meeting, and that the social agency form page 3 should ask for amounts received, not amounts requested. Pat suggested that the Budget Committee could be involved in several projects between now and next year's cycle. 1. Social Agency funding policy. 2. Long term financial plan. 3. Service measurements. Wayne will survey surrounding cities after budgets are adopted to see how they are funding agencies and at what level. The Committee adjourned at 5:05 p.m. C COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: _June 22. 1993 DATE SUBMITTED: ISSUE/AGENDA TITLE: CIP Budget for PREVIOUS ACTION: FY 1993-94 PREPARED BY: City Engineer DEPT HEAD OK-------CITY ADMIN OK '.s REQUESTED BY: ISSUE BE THE COUNCIL Selection of projects for the 199 94 Capital Improvement Program (CIP). STAFF RECOMMENDATION Approve projects for streets, sanitary sewer, and storm drainage programs as recommended in the attached memorandum. INFORMATION SUMMARY Each year the budget identifies funding for capital improvements in the streets, sanitary sewer and storm drainage programs. However, the Budget Committee does not select the specific projects. Specific projects are approved by the Council. Project selection does not require a public hearing. However, we expect citizens will be present at the Council meeting to support their various project requests. PROPOSED ALTERNATIVES 1. Approve projects as recommended by staff. 2. Amend the recommendations of staff. 3. Request additional information. FISCAL NOTES rw/cip-s MEMORANDUM CITY OF TIGARD TO: Pat Reilly June 14, 1993 FROM: Randy Wooley6SUBJECT: Capital Improvement Program This report is intended to provide background material for the Council to use in selecting the projects to be funded in Fiscal Year 1993-94. Because the fiscal year ends in the middle of the construction season, we always have a number of projects begun in one fiscal year and completed in the next fiscal year. Although funds for these projects have already been budgeted, it is necessary to again budget funds in the new fiscal year at a level adequate to complete the projects, unless the project is to be abandoned. These projects are typically included in the budget as "committed projects". In order to reduce the length of this report, I have not provided great detail on the various projects. Most are already familiar to the Council and the affected neighborhoods. I can provide more detail as needed at the June 22nd Council meeting. It would be helpful if specific questions could be provided to me before the meeting to assure that I am able to provide answers in adequate detail. Attachment #1, prepared by Wayne Lowry, summarizes the funds available in the various accounts for capital improvements. It should be noted that TIF and SDC revenues are dependent on development activity. Revenue projections are based on development activity assumptions shown in the budget. STREETS: Background: Street projects are funded from gas tax and TIF (traffic impact fees). Gas tax can generally be used to fund any street maintenance or street improvement projects, including associated pedestrian and bike improvements. TIF funds are more restricted. TIF can only be used to fund street or transit improvements related to growth. Street projects are limited to specific projects included in the County TIF ordinance. A portion of TIF must be applied to transit projects. The transit portion varies with the type of development paying the TIF, but it has been running at Page 1 about 80 of total TIF collections in Tigard. At least half of the non-transit funds are to be used for projects designated as "arterial" projects in the County ordinance; however, exceptions can be approved by the County. Attachment #2 shows the committed projects from FY 1992-93 and the estimated FY 1993-94 costs to complete the projects. In the past, the Transportation Advisory Committee has considered potential projects from several sources. One source is the project priority list compiled by the Committee in 1988 with input from community meetings, NPOs, and other committees. The original 1988 list included 22 projects; of these, 14 have been completed or funded so far through the Street Bond and other sources. Each year, the Committee has also reviewed intersections which potentially meet established warrants for installation of traffic signals, other projects suggested by citizens in previous years, and new projects suggested by citizens in the current year. Projects that the Transportation Advisory Committee would typically have considered are shown in Attachments #3 and #4. Attachment #5 is a letter submitted by residents requesting pedestrian and bicycle improvements on Park and Watkins and a letter from the School District regarding the need for improvements. At its meeting of May 3, 1993, the Planning Commission indicated that it gives a high priority to pedestrian improvements on Park Street as a potential City-funded project, especially near the proposed Hot-n-Now. Current Funding: The FY 1993-94 budget shows $540,000 of gas tax funding available for street CIP projects. Committed projects will use $252,000 of gas tax funds, leaving $288,000 for new projects. The budget shows $1,370,000 of TIF funding available for projects in FY 1993-94. Of this amount, $819,000 is needed for completion of committed projects and $177,000 must be dedicated to transit- related projects. This leaves $374,000 available for new street projects. To date, Tigard has not spent any TIF funds on transit; the expectation has been that transit projects would be identified through the Triangle Study, the Hall/Greenburg/Scholls Study, and other transportation studies currently under way. Recommendation: I recommend that the major maintenance program be continued to protect the City's substantial investment in street pavements and to avoid increased costs for future pavement repairs. I recommend that the program be funded at $248,000 in FY 1993-94. These funds will be used for pavement repairs and overlay, according to Page 2 priorities identified by the pavement management system. Most of the money will be used for overlays on 72nd Avenue from Bonita Road to the south city limits and on Tiedeman Avenue from Greenburg Road to Tigard Street. Overlay of these pavements is critical to avoid more extensive future repairs due to the heavy truck traffic loads on the streets. I recommend that the remaining $40,000 of gas tax funds be used to construct shoulders for pedestrian and bike safety along Park Street between 99W and Watkins Avenue. Of the improvements requested by the neighborhood, the portion between 99W and Watkins has the greatest volume of pedestrians. Extension of the improvements to the remainder of Park and Watkins would again be considered as part of the FY 94-95 budget. I recommend that the available TIF funds be used for the bridge connection between 130th Avenue and Winterlake Drive. Extensive development in the area and increased use of Summerlake Park have increased traffic problems on nearby neighborhood streets, making it important to complete the bridge connection in accordance with the Comprehensive Plan Transportation Map. I recommend that the available TIF funding of $374,000 be assigned to the bridge project. The project would then be started this year and completed next year. Approximately $126,000 of additional funding would be needed in the FY 94-95 budget. This process is similar to the one used to fund the 72nd/99W project in the current year. Based on previous Council discussion, the Council may choose to fund the Gaarde Extension right-of-way acquisition from TIF funds. If so, I would still recommend that any remaining TIF funds be assigned to the 130th/Winterlake bridge connection, so that design of the bridge could be started. My recommendation would place the City slightly out of compliance with the requirement that 50% of TIF funds be used on arterial projects. Previously, the County has accepted our being out of compliance in a given year, so long as we maintain general compliance in the long term. In summary, the recommended new projects are: Pavement major maintenance Park Street shoulders 130th/Winterlake bridge $248,000 (gas tax) 40,000 (gas tax) 374,000 (TIF) SANITARY SEWER: Background: The sanitary sewer fund has a substantial balance available for capital improvements. In FY 1993-94, it is estimated that $2,000,000 will be available. Page 3 Approximately half of the funding ($905,500) is from sanitary sewer charges. This funding must be used for maintenance or improvements to the sanitary sewer system, but otherwise has no restrictions. The remainder of the funding is from SDCs (system development charges) and can only be used for improvement projects related to growth. $639,500 of this funding is "old SDC" funds (i.e.,-funds collected prior to July 1, 1991) and can be used on growth-related projects throughout the City. The remaining $455,000 is "new SDC" collected after July 1, 1991, and can only be used on certain projects listed on the USA master plan. The difference is due to a state law which went into effect on July 1, 1991. Two committed projects totalling $81,000 are eligible for the "new SDC" funding. The projects are replacement of the Industrial Area sewer (which serves the Tigard Triangle and Hunziker Street area) and replacement of the Hiteon Trunk sewer under Scholls Ferry Road. Both projects involve replacement of existing lines with larger lines to accommodate expected growth. The Hiteon project was constructed as part of the State project on Scholls Ferry but has not yet been billed to Tigard. At this time, no other projects are eligible for the "new SDC" funding. USA has discussed a general update of its master plan. When the update is completed, additional projects may become eligible for this funding. No projects have been identified for the "old SDC" or sewer charge funding. Typically, each year a small portion of this funding is needed for major maintenance work on the existing system; e.g., replacement of a small section of pipe which has become a maintenance problem. This funding could also be used to extend sewers into areas with existing septic system problems, as previously discussed by the Council. Recommendation: I recommend that "new SDC" funds be used for the committed projects (Industrial Area and Hiteon projects). The remaining "new SDC" funds would remain in the restricted fund until an updated USA master plan is completed. I recommend that $15,000 of the sewer charge funds be set aside for major sewer maintenance projects. The major maintenance needs are identified throughout the year through the routine TV inspection of sewer lines. I recommend that staff develop a list of potential projects to extend sewer to areas with current septic system problems. This would probably be an autumn project. Staff would identify potential projects and rough costs and potential ways to share costs with the benefitted neighborhoods. Page 4 STORM DRAINAGE: Background: The storm drainage budget includes $451,257 of "new SDC" funds. These funds can only be used on projects identified in a USA master plan. The master plan has not yet been developed by USA. Therefore, these restricted funds cannot currently be expended. They are accumulating for future projects related to growth. The budget also include $299,743 in "old SDC" funds, which can be used throughout the City on projects related to growth. Approximately $249,000 is available next year in unrestricted funding for storm drainage improvements. The City has traditionally used this funding to correct localized flooding problems throughout the City. Projects are selected based on problems reported by citizens and by City maintenance crews. Recommendation: I recommend that the following projects be funded in FY 1993-94: Lakeside Drive pipe replacement $25,000 SW 69th at Alfred Street 6,000 SW 98th/Scott Court 5,000 SW 100th/McDonald St. 40,000 Cascade Area Drainage 10,000 Thorn Street cul de sac 7,000 Terrace Trails pathway 5,000 Main Street inlet improvements 4,000 72nd Avenue Pipe Replacement 10,000 Total $112,000 The 100th/McDonald St. project and the Cascade Area Drainage project would be funded from "old SDC" funds. The remaining projects would be funded from the unrestricted funds. In addition, I recommend that $10,000 be set aside for major maintenance projects on the storm drainage system, to be funded from unrestricted funds. I recommend that the remaining funding not be assigned to projects at this time. Engineering and Wastewater staff will review project needs and return later in the year with any additional projects identified. rw/cip94 Page 5 City Of Tigard Capital Projects Summary Proposed Budget Gas Tax 716,100 ODOT 99W Study Transportation System Study General Capital Improvements Traffic Impact Fee 1,370,000 Sanitary Sewer 2,032,100 General Capital Improvements Storm Sewer 1,028,700 General Capital Improvements Adjustments Available For Projects - 540,000 15,000 75,000 86,100 0 1,370,000 2,000,000 32,100 1,000,000 28,700 s• n R a n R r Attachment No. 2 COMMITTED PROJECTS - STREETS Gas Tax Funding Bonita Road regrading at railroad 79th Avenue pedestrian improvements 96th Avenue pedestrian improvements 121st Avenue bike path Ross Street right-of-way Upper Boones Ferry railroad crossing TIF Funding 72nd/99W intersection improvements 122 109th Avenue extension 109th Dartmouth Street (City share) 100,000 *NOTE: Costs shown are the estimated expenditures in FY 1993-94 and do not include expenditures in previous years. In projects with cost sharing, only the City CIP share of costs is shown. Cascade Blvd. right-of-way Estimated 93-94 Cost* 7,000 53,000 15,000 $ 117,000 50,000 10.000 $ 252,000 Estimated 93-94 Cost* $ 522,000 75 000 $ 819, 000 dj/CIP-Prop.RW Attachment No. 3 Proiects Eligible for Gas Tax Funding (Nor Eligible for TSF) Proiects from 1988 Priority List Grant Avenue Bridge $ 600,000 Replace and widen bridge and approaches at Fanno Creek Hall Blvd. at Hunziker and Scoffins 600,000 Realign intersection, revise signals North Dakota Street Bridge 700,000 Replace and widen bridge at Fanno Creek Tigard Street Bridge 600,000 Replace and widen bridge at Fanno Creek Commercial Street (between Main & Hall) 450,000 Reconstruct and widen. Add sidewalk & lighting Potential Signal Locations Walnut/Grant 110,000 4 Other Proiects Previously Considered 74th Avenue (between Durham & Bonita) 30,000 Pave existing gravel road Summerfield Street Lighting 160,000 Reconstruction existing pavement & drainage Main Street 850,000 Reconstruct existing pavement and drainage Murdock St. (between 98th & 103rd) 100,000 Add shoulders for pedestrian./bike safety. Major maintenance (pavement overlays or slurry seals) Sine FY 1988-89, the City has had a major maintenance program for pavements and bridges. Annual funding has ranged from $100,00 to $330,000. Additional Protects Requested in 1993 Park Street (between 99W & 110th) 100,000 Add shoulders for pedestrian and bike safety. Watkins Avenue (between 99W & Walnut) 145,000 Add shoulders for pedestrian and bike safety. North Dakota Street (between 115th & 121st) 33,000 Add shoulder for pedestrians and bike safety. Ash/Hill Traffic Islands 12,000 Add traffic islands to help reduce traffic speed. dj/CIP-Prop.RW Attachment No. 4 Proiects Eligible for TIF and/or Gas Tax Funding: Proiects from 1988 Priority List Burnham St. (between Hall and Main) $ 500,000 Widen to provide turn lanes; add sidewalk and street lights. Bonita Road (between Fanno Creek & 72nd) 1,130,000 Widen to provide turn lane; add sidewalk, street lights, bike lanes 121st Avenue (between Walnut & Burlheights Drive) 470,000 Widen to provide turn lanes; complete sidewalks and street lights 72nd Avenue (between 99W & Hampton St.) 400,000 Add shoulders for pedestrian safety; regrade to improve sight distance Potential Signal Locations Hall/Pfaffle (max. of 1/3 could be TIF) 120,000 121st/North Dakota 120,000 Main/Burnham (max. of 1/3 could be TIF) 110,000 Tiedeman/Tigard (max. of 1/2 could be TIF) 120,000 Other Proiects Previously Considered 130th Ave. (between Scholls Fy. Rd. & Summer Ck.) 550,000 Improve to minor collector standards 130th/Summer Creek Bridge 500,000 New bridge to connect Winterlake Dr. & 130th. Additional Proiects Requested in 1993 Right of way for future Gaarde Extension 330,000 Acquire 2 existing homes near Walnut St. d]/CIP-Prop.RW Colonial Business Fonns • !5031 293.6131 501923 RECEIVED FEB 2 5 1993. . CCIt'; SUI:IT1' DEVELUPMEN1 TV v. OF TIGA D OREGON Attachment No. 5 13125 S.W. HALL BLVD. P.O. BOX 23397 TIGARD, OR 97223 (503) 639-4171 l TO: /05 0 5uJ Cook ,L~i~e M~yLd~O/~ 9'722 3 T L DATE 2 SIGNED REPLY ~wTr 11 5 ~c~ 5li~ /ore ccurofe fe r ~O 14 1 1 ley jr -1k -7 '~,~ih~., o /~Lt/J7 ZL 'ILL jCZGC Randy Wooley ..City Engineer 13125 SW Hall Boulevard Tigard, OR 97223 We ask that you consider pedestrian and bicycle improvements in our neighborhood as part of the City's capital improvement program for the coming year.., We are especially concerned about pedestrian safety on Park Street between Pacific Highway and 110th Avenue, on Watkins Avenue between Pacific Highway and Walnut Street, and on Grant Avenue between Park Street and the entrance to Charles F. Tigard Elementary School. We feel that pedestrian improvements on these streets are a critical need because these streets are the walking route to the elementary school. Due to reductions in school bus service this year, many more children must walk along these streets. In addition, the streets are used frequently by adult residents who walk to Pacific Highway to do their shopping and to catch the bus. Currently, the streets are very narrow and have no pedestrian walkways. While we would prefer to see sidewalks on both sides of the streets, paved shoulders on the roadways would also be an acceptable solution. We understand that some drainage work would also be needed to replace the existing ditches that would be covered if sidewalks or shoulder improvements are constructed. y'ee Belvwl~~se,er~E We would like to see improvements on the three streets mentioned above. However, we recognize that City funding is limited. funding is not available for all three-streets this year, then fit priority' would be improvements ~~reuiDuscT~~j~J6i1f}~D C F.T / oEDES?R/i}N usAc/cZNG ,'t',dN~ TO CpNSIST' OF A q~PN/}ULT ~AT/f Wi}rD~r O/YE~S l1>E~~F THE SfREG--T.•Tpp bEG'DMPGET~ [JlTf/ 5/C>A?146E ON ~(f~~ 99r+/•o //D~~~D q9W fD Wi►thtur,?,cormin~ n'Y'af fit i.ott~srtticn of oncK/a: r~ivs• Please bring this letter to the artttention of the appropriate advisory boards when capital improvement priorities are considered t 1.11 s sprin g. s u ner hborh00d 04ed c, AA 6Ver 11 S*pahi/e5 VAiTDRTTN6 COnee/'AS7 we- Feel p1-e5C1)k aFfic. ha zaids u)AAmfrr ryere .5 hbuc.a BE A .t r6mlr6D C. F. Tla-w5zxJ,1/V w,,UA-1,V6 VAI& t Cansf/ZicfecI )Cpr Me sqei~ °f- e5~151-JNC, Ft-IZ-57-e1MV7;R*I f/C, 4 awe oy, pvpa.,~l O'^ &IM InR 6'~lh~'(Em2n . Tigard-Tualatin School District 23J Larry Hibbard Administration Center 13137 S.W. Pacific Highway Tigard, Oregon 97223 Tel. (503) 620-1620 Fax (503) 684-2296 March 11, 1993 Mr. Cliff Scott, Director of Public Works City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97224 Dear Mr. Scott: 3 //,!~_/9 3 This letter is in support of a request you have received from the Local School Committee at Charles F. Tigard Elementary School. Their letter is in regard to a safety issue on Park, Walnut, and Watkins Streets. Currently, there are no sidewalks on many of these streets. Students who live in the area of C.F. Tigard and who do not qualify for district-provided transportation are walking on these streets several times a day. As a frequent traveler of each of these streets, I can attest to the difficulty both cars and pedestrians have as they share these facilities. Add to an already dangerous situation the behavior and lack of caution displayed by some elementary and middle school students and you have the potential for a tragedy none of us desires. I understand that we had a serious "near miss"' incident within the last two months. That incident, plus many other "brushes" would indicate the seriousness of the current situation. At the March 4, 1993 meeting of the Board of Directors, a motion to encourage the City of Tigard to address this safety issue was unanimously passed. If sidewalks are not in the planning, we encourage the posting of signs and the marking of crosswalks. This letter is our formal notice of that support. If you have questions regarding the issue of student safety or the motion that was passed at the March meeting, please contact me or Al Davidian, Assistant Superintendent. Sincerely, Richard Carlson, Chair Board of Directors C. C.F. Tigard Local School Committee Russ Joki Al Davidian Pvblic June 22, 1593 (/2183 Tigara City Council Tigard City Hall 13125 S. W. Hall 3oulevard Ti,-ard, Oregon 9,7223 Dear Councilors: Re: i•.urrsy Blvc./Gaarde Street Extension CPA 92-007 its one of the property ov.ners t:ho will lose :ny home to the ali`m..ent of the Gaarde Street to iA~alnut Street connection, I feel coi..pelleu to again reLdnd the Council that this (ratter severely impacts my life ana th_:t 1 need-- decision at tile earlie'--t possible ante as to when the City of Ti,--are i•rill buy my prc_ erty so that we may get on with our lives. i•.any c;-ily ecisicns in our lives mast be put on hold while we ,wait for this information. It _Js unfair in the first place that oldti::.ers must leave their horLes in this rrir:e area so th-_t u, road can be built to accormTodate neveci::ers to the area without m-king the situation worse by leaving us in limbo :,pile a decision on this matter is delayea for l-.a.tever reasons. I have stated before and say again ti-at I brill coop:-rate as Luch as possible but unierstandably I I.:ust look out for mnr own intere: ts. 1 :reviously menti one: a rrdnirum um.ount that L,i_:ht be needed 'or relocwtion but. subse,;uent "ho::,ework" by Ii:yself and L.y son indicate suite clearly that we c~=-t relocate f„r that amount. ..;e ha•.e unique situation .,,ith the uog Ikernei ;Ind we have been told tin Le end time again by re---. estate peopye -nd others that ;iashinr;ton Cuunty is extremel.- oifficult to wcr': : .th on this t-pe of sit.ation. Other mvern:::ental laws re; arcing a suit- able piece of prop::rt-y cutsiae the city limits I:: ;:es us feel cornered ::it`: no way out. This relocation is riot of my c'ilcice so I n_t.•.:ral1;;- resent governmental re_'u- tions th:_t Lake it unnecessar-_ly difficult. on soci._1 secs rity nc sm ll pension _nd i : c riot feel t::--_t I'L izh to ,_.o in debt on this relocation. l,:y present ho...e is paid ;'or and is affcraable for r.:e but I stL now told I must give it up and leave this priL.; area ccnven'_ent to every-thing. I Lust be fully reiisbursed for all costs ana losses involved ?:ith this ii,ove and must be paic enough for my property to Luke relccat.'_cn possible; it r'.ust I..;:ke the continuance of our current lifestyle not only possible but afford3'.^.le. I hope this letter will be t : ken in the spirit in which it is ILe::xit. 1 co not wish to sound ci.fficult but this is a Latter of ea-trel:,e ir-.i;crt<tnce to r..e and my future as and-cne can r eadJ I y ur;derstand. `lh=k o for li steninL7 to c:ide o the natter .1 sii4ll hope that the Git- of Tig-rc: :•ill she:; that it cares Ccr its citizens rC ..ifth coL cassi cn ana unuers± andin- enable us to resolve t-- is matte-- to everyone I s e"tisfaction. Since:•r 1,-, Lrs. ?csawar- 6tirauger 130'3C S. W. ;%:.~l.nut Street i'i gar^, Oregon 22j-1711 COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 22, 1993 DATE SUBMITTED: ISSUE/AGENDA TITLE: Authorization o kREVIOUS ACTION: DEPT HEAD OK CITY ADMIN OK PREPARED BY: City Engineer REQUESTED BY: Authorization to advertise for bids. STAFF RECOMMENDATION That the City Engineer be authorized to advertise for bids for construction of 121st Avenue Bikeway project, the 1993-94 Pavement Major Maintenance project, and the McDonald/100th Storm Drainage project. (Assuming that these projects are approved as part of the 1993-94 Capital Improvement Program). INFORMATION SUMMARY Three of the projects recommended by staff as part of the 1993-94 Capital Improvement Program are projects which could potentially be constructed yet this summer. They are the 121st Avenue Bikeway project, the 1993-94 Pavement Major Maintenance project, and the McDonald/100th Storm Drainage project. 1 If these projects are adopted as part of the capital improvement program, staff ask authorization to advertise for bid as soon as construction documents are completed. PROPOSED ALTERNATIVES FISCAL NOTES rw/cip-bid lo(~a lQ3 C June 17, 1993 Dear City Admin. Pat Reilly: I am somewhat confused because I thought that the City Council last meeting had directed the staff to process the NPO 3 appeal of the Taco Bell 99W access situation. In the following days in my Opinion I have been met with concerted stonewalling from the staff, example Administrative Procedures vs. City of Tigard Code book. I allowed at today's meeting "we are aware of the Administrative Procedures and also the City Code Book. Aware we can-refer to the City of Tigard Code Book but where is the compilation of the Administrative Procedures and rules so one can evaluate intended language?" How does one make reference to legality rather than discretionary decisions other than asking for the City Attorney's opinion? During our pre-application meeting today it was obvious that staff at least Jerry Offer felt we needed an architect present, engineer, provided by the applicant. More reference to other professionals to insure drainage, building design, traffic volume, so I quickly stated "as an ITPO 3 subcommittee chairman and asked to process the accesses of all 4 lots that I was sure your public works, engineer staff, planners could apply the necessary qualifications to move on from a pre-application meeting. On the phone Jerry Offer mentioned fire dept., police depts., PGE, telephone general builders input which our pre-application did not indicate.buildings just accesses. Dick D. was more cooperative writing down what was essential for pre application if only addressing accesses which was our only reason for having the pre-application form filled out in preparation for our upcoming Council fee waiver hearing. We, Lynne, Gina knew Jerry offer was putting me off stalling the actual. meeting and when I finally forced them into a corner to have a meeting Jerry Offer again tried to get us off the track with the same irrelevant verbage. After Jerry understood what we were asking for and with Dick D's help we moved on to the essentials towards qualifying for a pre-application meeting. At the very end of our meeting, with Lynne and Gina verbally filling in voids and being focused I told of the recent Council meeting when I was constantly asked while speaking to the Council "name the staff person who stated done deal?" I ignored Ed Plurphy's side remarks but finally told him it's up to him to follow this thru not me. Gina, Lynne all verified staff stated "done deal" not only once but often not only at the 1st. meeting but even the Sr. Cen.-our minutes reflect-ti .1 . -P--r 10590 S.W. COOK LANE • TIGARD. OREGON 97223 PHONE 1503! 620.5399 or 639.1052 M/% eJune 21, 1993 R Timothy Ramis VIA FACSIMILE City Attorney 503-243-2944 City of Tigard 13125 SW Hall Blvd Tigard, Oregon 97223 RE: CITY COUNCIL MEETING OF JUNE 22, 1993 Dear Mr Ramis: We want to thank you and the City Council for taking the time to review our initiatives and concerns. It ib our understanding we will not be able to testify on Tuesday night, June 22nd, when you provide the Council with your legal opinion on the following matters. . Given that we will be unable to testify, we want to make sure you understand our concerns and the reason for our actions. It is our understanding that you will be advising the Council on three matters concerning the usage of commercial property bounded by Hwy 99, Park, and Watkins streets: 1. The waiving of appeal and land use application fees; 2. If the community development Director's letter was an interpretation which can be appealed; and 3. If an NPO has the authority to file a land use application. Item Number 1. Waiving of Fees: The code is quite clear that an NPO shall have appeal and/or land use fees waived if the NPO meets two criteria; 1. Supplying of minutes and 2. A majority vote of a quorum of the NPO. We have met both criteria and can see no reason to deny our request for waiver. It should also be noted the criteria for waiver does not include providing merit or any other burden criteria. Item Number 2. Communitv Development Director's Interpretation: During the Taco Bell hearing, we raised the issue of a major modification due to the addition of the access onto the Hot-N-Now property. We were told that issues pertaining to the Hot-N-Now application could not be considered on the Taco Bell application since they were separate applications and properties. Therefore we wrote to the community development director to request an interpretation on the major modification issue as it pertained to the Hot-N-Now parcel and the additional access for Taco Bell. We cited the appropriate code sections and asked for his interpretation. He responded by also citing code sections, providing a history of "facts" as he perceived them, made an interpretation of the code sections and "facts" and drew a conclusion. We disagree with his interpretation and as provided by code have filed what we believe to be a valid appeal. To deny us the opportunity to present our case as provided by code will deny us due process and will continue to deny us the opportunity to be heard. It is our belief that a major modification on the Hot-N-Now property as a result of the addition of the Taco Bell access is required. Failure to require a major modification will result in the city violating its own code and compel application of the infraction section of the code. We would like to have the appeal proceed so that we may state our case, or (better yet) for you to review, the record to see if you concur with either interpretation If you conclude that a major modification is in order, and if the city requires said modification, there is no need for us to appeal. While we are not required to provide our evidence at this time, we have attached an exhibit to this letter outlining some of our evidence which justifies our belief that a major modification is warranted. Item number 3. NPO Authority to File a Land Use Application: While we agree that the filing of a land use application by an NPO is unique, the code nonetheless provides for such an application. CDC 18.32.020 lists NPO along with the city and property owners as those permitted to submit an application. Nowhere in the code is the NPO authority distinguished differently than any other party eligible to submit a land use action except for CDC 18 .32UVX which exempts NPO from paying a fee for "Appeal or Land Use Applications." Under the code, it is evident to us that the NPO have been given equal status with the other parties eligible to make an application, and special status as the code pertains to payment of application fees. The fact that the code states that NPO may submit land use applications further reinforces this authority by permitting the waiver of fees for such applications. This indicates that we are within our rights under the Code to pursue such an application. Due to the fact that our concerns are limited to access issues and property owner rights (Pietro's right to have "say" over what activity occurs on their property), we will limit our application to public right of way access issues, thereby avoiding impingement of the on site property rights of the affected owners. The purpose of our application will be to bring about a comprehensive solution to the access issues as they pertain to the commercially zoned property between Highway 99, Park Street and Watkins Street. The primary emphasis of our application will be to direct the commercial traffic back onto the highway as quickly and safely as possible and permit as little of the traffic as possible to utilize unimproved local streets where school children are present. is We previously had a preapplication conference with Jerry Offer in which we shared the three access options we are considering for submittal. These were drawn on the same master map that was delivered to you last week. If you or the City Council would like to review these options or have them explained, we can make arrangements to do so. (One note: please do not tell us we must be property owners to submit an application, given that this will contradict the rules as they were applied to the Hot-N-Now property, which was not required to have Public Storage as a party to their application even though a portion of the Public Storage property is a component of the Hot-N-Now. Additionally, Taco Bell did not have Public Storage, Pietros or Hot-N-Now as parties even though portions of all those properties were needed for Taco Bell's application.) Mr Ramis, we hope that you and the City Coupcii realize that we would prefer not to take these actions, but clue to the disjointed manner in which these applications have been handled, we have been left with no other options. When we began this process, we were told our concerns were not addressed by the code or could not be raised or that we had not read the code. We have now read the code; please do not tell us the code does not apply. If it does not apply, then why have neighborhood input or, (for that matter) why have a code? If you and the Council elect to reject our efforts, we hope that you and the Council will explain your reasoning and provide us with a viable alternative that will address our concerns. If, on the other hand, you and Council concur with us, please provide us with an opportunity to air our concerns and get a fair hearing on these matters. The Council will also be sending a message to the citizens of Tigard that the land use process and code provides for equitable solutions to matters such as these that impact neighborhood communities. Finally, while we want to pursue the appeal until such time as a major modification is required, we are not beyond reason when it comes to•a negotiated enforceable agreements. If the Council so elects, we would be willing to engage in an evening meeting consisting of the following: 1. Oneor two Council members; 2. The commercial property owners i.e. Pietros, Public Storage, Hot-N-Now, Taco Bell, Ruble and Harris; 3. The City Manager; 4. The City Attorney; 5. A Member or two of the Planning Commission; 6. The four neighborhood representatives and a consultant or attorney of our choice; 7. An ODOT representative; and 8. C. F. Tigard representative. Such a meeting could result in a quick and satisfactory solution to the issues raised and allow the property owners to proceed with their projects. If an enforceable agreement were reached we would be willing to withdraw our appeal and land use applications. Mr Ramis, we appreciate the efforts of the City Council and yourself in reviewing this matter. We look forward to the Council meeting on Tuesday evening and the actions to be taken. We hope their decision will lead to a comprehensive solution to the commercial access issues. If you have questions, please call me at 639-1052. Sincerely, t yy~ Martha Bishop NPO#3 Representative cc: City Council / Pat Riley City Administrator i i EXHIBIT I Preliminary facts which justify requirement for a major modification: 1. Site plan showing joint Highway 99 access to Taco Bell and Hot-N-Now with no other accesses. 2. Site Plan showing Hot-N-Now only, with sole access to Park Street. 3. ]~er Plan showing Taco Bell access through Pietros/Public Storage and Hot-N-Now. 4. Neighbors told at NPO meeting and befgre-Planning Commission that only the Hot-N-Now site-specific plan was up for discussion, given that it was uncertain if Taco Bell would make an application or the final form of such application. Neighbors were also told that the Hwy 99 access-only plan was not acceptable to the State of Oregon, and therefore was not submitted. 5. Hot-N-Now approved in January 1993; Hot-N-Now was approved with a single access to Park Street. There was no condition requiring providing access to Taco Bell; nor was a traffic analysis evaluating the impact of both commercial uses, considered in the access design; nor were the neighbors allowed to discuss the potential access at the hearings. 6. Taco Bell application provided to the public the same day that the Hot-N-Now application became final and unappealable, thereby precluding any opportunity to file an appeal. 7. Mr. Ruble, Taco Bell owner, writes a letter after Hot-N-Now decision is final stating that his property has no access. The Taco Bell property owner therefore can only conclude that Mr Ruble did not feel that Hot-N-Now was required to provide access to his property. 8. During Taco Bell application process staff says neighbors can no longer discuss the Hot-N-Now property, that it is a "done deal, 11 and they can only discuss Taco Bell. At no time were the neighbors or Planning Commission allowed to discuss the impact of the Taco Bell traffic trips at the Hot-N-Now access point or any modification at the access. 9. Taco Bell decision becomes final resulting in permission to access onto the Hot-N-Now site and access onto the Pietros/Public Storage site even though none of these sites were a party to the application. We neighbors elected not to appeal since the facts appeared to require a major ( modification. I y 10. Neighbors request an interpretation from the Community Development Director requesting that a major modification of the Hot-N-Now site be required. 11. The Community Development Director interprets the code and determines a major modification is not required. 12. The NPO appeals the interpretation as permitted by code and further request a waiver of fees as permitted by code. 13. Neighbors await advice of City Attorney to City Council OWNERSHIP AUTHORIZATION BY SITE PLAN AND/OR APPLICATION 1. Hot-N-Now: t - A. Hot-N-Now site plan showing single access onto Park Street owner(s) of property included in site plan: Harris Signer (s) , Harris#?-v- B. Joint Site Plan: Hot-N-Now sites owners of propert included in site design: Public Storage and Harris Signery~..: 2. Taco Bell Site Plan: A. Owner(s) : Ruble, Harris Public Storage and Pietros; Signers: Ruble of on. tv~.,y. Z cz . 11%~7 igard-Tualatin School Districi 23J Larry Hibbard Administration Center 13137 S.W. Pacific Highway Tigard. Oregon 97223 Tel. (503) 620-1620 Fax (503) 684-2296 June 21, 1993 City of Tigard City Council P.O. Box 23397 Tigard, OR 97223 Re: Hot'n Now ' Dear Council Members, As the Hot'n Now nears final approval by the City, I would like to take this last chance to express our desires and concerns about the traffic patterns expected by this development. SW Park Street is a non sidewalked street heavily used by elementary students as a primary access to C.F. Tigard Elementary. The entrance to Hot'n Now is located on this street and it is most important to the District that traffic be routed toward Pacific Highway upon leaving this business. I understand that the exit will have a right turn only sign however I would like to request consideration of a forced right hand turn utilizing a curb or divider. The possibility of a Taco Bell being constructed to the south of Hot'n Now and utilizing the Hot'n Now exit and entrance on Park Street is a serious concern because of the additional traffic that was not originally an expected item. I would like to request that if the Hot'n Now and the Taco Bell are both constructed, the Taco Bell traffic be routed to Pacific Highway via the storage lot entrance. Of course our ultimate solution would be to route both establishments directly to the highway. Thank you for any consideration you may give the above concerns. Sin-, Bud Hi man Director of Operations c: Russ Joki Frank Hodapp Scott Baker RECEIVED y JUN - 81993 COMMUNITY DEVELOPMENT June 8, 1993 Dear City of Tigard Mayor, City Council and City Staff: NPO 3 has asked me to represent them in the appeal of the Community Development Director's letter of interpretation of May 27, 1993. The NPO 3 knows the code requires the City to require a major modification on the Hot N N ow property as the result of conditioning the Taco Bell access onto the Hot N Now property. We therefore ask that you waive the appeal fee on this request as permitted by CDC 18.32.345. Vie also are asking that you naive the fee for the major modification application that NPO 3 has authorized to comprehensively address the access issues as they relate to Park Street, Pacific Hwy., and the Pietro's/Public Storage access easement as permitted by CDC 18.32.345 and 18.32:`02-OA.4. Thank you for your attention ftetha Bishop NPO 3 Sub- Committee Chairman June 8, 1993 Appendix: le Appeal Form 2. Verification of pre-application meeting 3. Code Section 4. NPO 3 minutes attached Verification of June 81, 1993 Pre-application conference on June ~7 Clerk, See attached: Pre-application meeting for 1so with Cathy whe.~m Cit an application for a develo 'th'e sole purpose of he i ,ng y pre-application so I can showeI I've application an a trek June 14o I'm signing for a card is attached, pplication. Receipt of the appointment i LAND USE DECISION APPEAL FILING FORM The City of Tigard supports the citizen's right to participate in local government. Tigard's Land Use Code therefore sets out specific requirements for filing appeals on certain land use decisions. The following form has been developed to assist you in filing an appeal of a land use decision in proper form. To determine what filing fees will be required or to answer any questions you have regarding the appeal process, please contact the Planning Division or the City Recorder at 639-4171. 1. APPLICATION BEING APPEALED:- d44 2. HOW DO YO QUALIFY S A PARTY: 3. SPECIFIC'GROUNDS FOR APPEAL OR REVIEW ~r 7 mill /r !d 9/ Go l ~ A r t 4. SCHEDULED DATE DECISION IS TO BE FINAL:' 'q,~ 5. DATE NOTICE OF FINAL DECISION WAS GIVEN://0? 6. SIGNATURE(S): //JJ X X x-x x X X X *x-X*)(** ~ x-X)(x~t x iE~E~()Ht x K xiE~t x x ~E x~f )t x-x-x x x-xx-xH(-x ~c x ~HC ~f x x x~H( ~E ~t x# FOR OFFICE USE ONLY: Received By: VW n Date: 61 Time: Ct Approved As To Form By: Date: Time: Denied As To Form By: Date: -Times Receipt No. Amount: x ~E x~f ~E x)HEx-)(-x x x x-)(x x-x-x-)( x-x )(x-)(*-)(*x*x-x X "-)(-x-x-X X x-)( x-x m x x x-x x x-f x x x x x x x-x X-)(-X.X-X x-x-x x-(x x x x-x x-)Ex X* 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639-4171 Code Section: Revised 2-27-89 Page 73 18.32.345 Fee Waiver Allowed for Neighborhood Planning organizations A. Fees for land use applications and applications for appeal or review of a land use decision shall be waived for applications filed by a neighborhood planning organization (NPO) if all of the following conditions are met: 1. The appeal or land use application must have been supported by a majority vote of NPO members at a public meeting where a quorum of NPO members was present; 2. A copy of the minutes of the NPO meeting where the appeal or land use application was initiated must be submitted with the appeal or land use application; 3. The appeal or application will be considered valid when conditions (1) and (2) of this section are met and all other filing requirements are met; and 4. The NPO chairperson or designated representative shall appear at the next available City Council meeting after the application or appeal is filed. The NPO shall work through the Planning Division to schedule the item on a Council agenda. Should the Council deny the NPO request for a fee waiver, the NPO shall submit the required fee within three working days of the denial. The fee shall be filed by three p.m. on the third day. (Ord. 89-06; Ord. 85-45 t NPO #3 MINUTES June 2, 1993 1. Joint meeting with NPO #7 called to order at 7:08 p.m. 2. Liz Newton presented the proposed new land use notification process. Discussion, questions and answers followed. 3. Liz presented the CIT boundaries which will take effect on July 1, 1993. Considerable discussion was held and several suggestions were made regarding minor boundary changes and structure which Liz will take back to staff. 4. We were assured that any land use actions presently active will be continued under the NPO format. CIT's should start meetings in the fall, NPO's will cease as of June 30. 5. Joint meeting adjourned and NPO #3 was called to order at 8:07 p.m. 6. Present-Porter, Bishop, Froude, Garner and Hansen. Excused- Mortensen and Helm. 7. Minutes of May 5, 1993 approved. 8. Status report of Ames Orchard II. Revised plan has been submitted showing one entrance to the subdivision at 121 Ave. and Gaarde St. MOTION: It was moved and seconded to approve the new plan as presented. Four yes votes, one abstention. 9. Hot'n Now update. Continued discussion of the neighborhood concerns were followed by the four NOTIONS listed below. a. It was moved and seconded to appeal the Community Development Directors interpretation of a major modification. See attached letter from Ed Murphy. b. It was moved and seconded to comprehensively deal with the access issues involving Public Storage, Taco Bell, Pietro's and Hot'n Now. C. It was moved and seconded to form and subcommittee of NPO #3 to pursue a major modification development application (CDC 18.32.020 A. 4.1.) and request a waiver of fees. d. It was moved and seconded to appoint Martha Bishop as chairwoman of the subcommittee and to authorize her to appoint members from the neighborhood and NPO #3. All four motions passed unanimously. 10. Meeting adjourned at 9:05 p.m. Res ect lly submitted, Lila Garner May 27, 1993 OREGON Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Dear Mrs. Bishop: Thank you for your recent letter. I appreciate your concern over the safety and livability of your neighborhood, as well as your concern that the staff may be making discretionary decisions where the Development Code gives staff no such discretion. In the case of Hot'n Now and Taco Bell, the essence of your letter seems to be that the staff approved a change in the proposed site plan which added a driveway connection between Taco Bell and Hot'n Now without determining that it was a "major modification". A "major modification" determination would have required a new site development review application and a new public notice of the decision with an opportunity for an appeal. Although that would have been the situation had Hot'n Now's site plan already been approved or developed, it is not the situation in this case. Hot'n Now's plan had not yet been finally approved at the time of the modifications. Therefore, the requirements of the Community Development Code on major modifications (18.120.070.B) do not apply. To review the background in more detail: Hot'n Now originally submitted plans showing the restaurant site could only be accessed from a single driveway from SW Park Street. Those plans were provided to the NPO, neighbors, and other reviewing agencies for review. The Planning Division approved the Hot'n Now plans on November 11, 1992. NPO #3 filed an appeal to the Planning Commission of that decision on November 20, 1992. Subsequently, Taco Bell, the parent company for Hoen Now, submitted a Site Development Review application for another restaurant on an adjacent site. That application was submitted on December 2, 1992. The Taco Bell site plan included a driveway connection to the Hofn Now site. A small scale site plan was submitted showing both sites together. From that point on, staff was very clear in our discussions with the NPO and neighbors that the Hoen Now proposed development was being considered with alternative access plans - the first plan with access to Park Street only, and the second plan with a possible driveway connection to SW Pacific Highway through the proposed Taco Bell development contingent upon the approval of the Taco Bell proposal. That is also how the Hot'n Now development plan was presented to the Planning Commission by staff and the applicant's representative at the appeal hearing on January 4, 1993. The tape recording of that hearing and the overhead transparencies used by staff clearly indicate that both plans were clearly presented to the Planning Commission at the hearing. ?5 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Martha Bishop Page 2 May 27, 1993 Community Development Code Section 18.120.070 concerns major modifications to approved development plans or existing development. This Section would require submittal of a new Site Development Review application if a change was being made to an approved plan for the proposed Hot'n Now, and if those changes met certain standards of Section 18.120.070.B which deal with the magnitude of the change. Staff found that the submittal of an alternative design for the Hot'n Now site was proper since there was no approved Site Development Plan at the time of the submittal and therefore Code Section 18.120.070 was not applicable. The Planning Division's approval of the original Hot'n Now site plan was under appeal at the time of submittal of the modifications and therefore there was no valid approved development plan at that time. Opponents of the proposed development were clearly aware of the alternative access plan through the Taco Bell site prior to the Planning Commission hearing on the Hot'n Now appeal. Upon your raising this issue relative to the changes in the site plan to the Planning Commission at the Commission's March 22, 1993 hearing, the Commissioners responded that they were fully aware of the proposed Hot'n Now connection through the Taco Bell site when the Commission heard the appeal on the Hot'n Now development plan. I have determined that the changes to the originally submitted site plan for the proposed Hot'n Now development were properly submitted as a modification to an unapproved site plan that was still under review. As such, the submittal does not fall under the scope of Code Section 18.120.070 which relates to modifications to approved site plans or existing development. I do not believe there has been anything improper about how this matter has been handled. Staff was not using discretionary judgement or flaunting the codes. Further, I do not believe that any person or group has been deprived of their rights to review and comment on the proposed modification prior to a final decision being issued on this application. I hope this letter adequately clarifies the process and my reasoning based on the Development Code provisions. I believe City staff has acted properly and professionally in this regard. If you have any further questions regarding this issue, please contact me. Sin rely, Ed Murph Community Development Director brI ishop.Ur s Corp.' CORPORATE OFFICE: 6620 196TH STREET S.W. LYNNWOOD, WA 98036 • (206) 775-2878 May 26, 1993 Mr. Jerry Offer Tigard City Hall 13125 SW Hall Blvd. Tigard, OR 97223 RE: Pietro's Pizza Restaurant, 13405 SW Pacific 14wy, Tigard, OR Dear Mr. Offer: We have been advised by the City of Tigard and the Oregon Department of Transportation that they are contemplating issuing or have, in fact, issued a permit to construct an expanded road approach utilizing some or all of a shared access easement that we presently share with Public Storage. We have now received a drawing which is captioned "Proposed Lane Identification for shared access at Pietro's, Public Storage and Taco Bell. As owners of the property underlying a portion of the affected easement area, we have not been a party to any discussions regarding, nor have we agreed to, any expansion of the use of the easement which we jointly created with Public Storage in 1987. It appears from the diagram, a copy of which is attached to this communication, that the City and State Departments of Transportation have unilaterally determined that they can modify, expand and infringe on the rights and duties created by private agreement with an adjoining property owner. We would greatly appreciate your advising the undersigned of the legal authority for your action with specific reference to any regulatory, statutory or constitutional provisions on which you may rely. ' Your early response is solicited and we request that any further action which may be contemplated regarding issuance of a permit for the construption as disclosed be considered in light of this communication. Sincerely yours, V~ - Stan Vivaldi Director of Franchise Sales and Real Estate Development SV/1j cc: Oregon State Department of Transportation Public Storage Charles Kammerman GOLD COAST 0 ENGINE HOUSE • PIZZA RESTAURANTS I ivAY-26-'93 06:42 ID:DISTRICT 2A KJY DIV TEL PU:5032976MB 9662 P01 PAGE. 002 a ...286697 $ c I O" TACO BELL-C. PA ELL 762 P91 Y1gY 30 '93 13:57 TO CLlON J* PAtSIr.®0I tutRVY toauc 6 T O i pRDDOS6D LRNS IDEM'~FfGA'T-to/V pvx SH~a D ACG+;55 Af Picarx0%. Putuc.'Tvkhe v-T.*w teu. Post-it' brand tax transmittal memo 7871 °.tp o... p ; l l Co. *pL l0 n...0 o ?6 37 0x0 0 ~alfs7 0 pqc1?e0 J- TOTAL PAGE.002 „ ' al