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City Council Packet - 10/26/1993 CITY OF TIGARD OREGON PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Administrator. Times noted are estimated: it is recommended that persons interested in testifying be present by 7.15 p.m. to sign in on the testimony sign-in sheet. Business agmik items can be heard in my order after 7:30 p.m. i Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deao. Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language Interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deat). SEE ATTACHED AGENDA COUNCIL AGENDA - OCTOBER 26, 1993 - PAGE 1 AGENDA TIGARD CITY COUNCIL MEETING OCTOBER 26, 1993 • STUDY SESSION (5:30 P.M.) - Water Issues Discussion 1. BUSINESS MEETING (7:30 PM) 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications/Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Set Hearing Date for Vacation of Easements in Lot 67 of the Plat of Castle Hill - Resolution No. 93-52- 3.2 Set Hearing Date for Vacation of an Easement in Woodford Estates - Resolution No. 93-13 3.3 Appro riate Contingency for Yard Debris Program Design - Resolution No. 93- 5T 3.4 Extend Employment Contract with City Administrator Patrick J. Reilly q3- s-s 3.5 Support "National Unfunded Mandates Day" as Presented by the National League of Cities - Resolution No. 93-_c-jL 4. ADOPT FINAL ORDER APPROVING TRIAD TIGARD LIMITED MULTI-FAMILY DEVELOPMENT PLAN (SDR 93-09/PD 93-06) • Staff Report - Community Development Department • Council Consideration: Resolution No. 93-5~ 5. CONSIDER RENEWAL OF NORTHWEST NATURAL GAS FRANCHISE AGREEMENT • Staff Report - Finance Department • Council Consideration: Ordinance No. 93-27 6. NON-AGENDA ITEMS COUNCIL AGENDA - OCTOBER 26, 1993 - PAGE 2 7. 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. 8. ADJOURNMENT =1026.93 °14. COUNCIL AGENDA - OCTOBER 26, 1993 - PAGE 3 Council Agenda Item y i l T I G A R D C I T Y C 0 U N C I L MEETING MINUTES - OCTOBER 26, 1993 • Meeting was called to order at 5:35 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; John Acker, Associate Planner; Wayne Lowry, Finance Director; Ed Murphy, Community Development Director; Liz Newton, Community Relations Coordinator; Tim Ramis, Legal Counsel; Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer. STUDY SESSION • EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 5:35 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. Council meeting reconvened at 6:35 p.m. WATER SERVICE Councilor Hunt reviewed previous Council consideration of formation of a City Water Department. Several months ago, a majority of Council did not favor the water department idea. Recently, however, it appeared as if some Council members have reconsidered their opinion because of changed circumstances concerning the formation (structure) of the Joint Water Agency. Councilor Hunt, in fairness to the other entities involved (King City, Durham and the Tigard Water District), proposed that the Council make clear whether they feel the City should form their own Water Department. Council discussion followed concerning a motion offered by Councilor Hunt and the wording to use which would convey the City's intent concerning water service. The final product of this discussion is as follows: - Motion by Councilor Fessler, seconded by Councilor Hunt, that upon expiration, 12/31/93, of the Joint Water Agency Agreement, the City of Tigard will form its own city Water Department. The motion passed by a unanimous vote of Council present. (Mayor Edwards and Councilors Fessler, Hawley, Hunt and Schwartz voted "Yes.") CITY COUNCIL MEETING MINUTES - OCTOBER 26, 1993 - PAGE 1 Motion by Councilor Hunt, seconded by Councilor Hawley, that the Council authorizes negotiations, starting immediately, with the cities of Durham & King City and the Tigard Water District to provide water and other related services effective January 1, 1994. The motion passed by a unanimous vote of Council present. (Mayor Edwards and Councilors Fessler, Hawley, Hunt and Schwartz voted "Yes.") Councilor Schwartz commented that the above Council action was done in order to formalize the City of Tigard's Position. Tigard wishes to continue negotiations with the other cities and agency with regard to water service delivery. Councilor Hawley noted agreement with Councilor Schwartz' comments. Councilor Schwartz advised that the formation of a City of Tigard Water Department will be good for Tigard citizens. He noted that the concept of the Joint Water Agency had not developed as anticipated. By forming a water department, the City expects to be able to save money which will be good for all water customers. • EXECUTIVE SESSION: The Tigard City council went into Executive Session at 6:58 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. Executive Session adjourned at 7:25 p.m. BUSINESS MEETING Mayor Edwards called the Business Meeting to order at 7:30 p.m. 2. VISITORfS AGENDA: • Mary Weber of Metro and Carol Landsman (Senior Planner) of the City of Tigard reviewed Metrols Urban Design Project. The Tigard downtown area was selected as one of the sites in the metro area for "Image Visioning" in connection with the 2040 project sponsored by Metro. This planning process will be a component of the Metro study of the urban growth boundary; i.e., as more people move into the area, should we "grow up or grow out." It will be up to the City of Tigard as to how it uses the final information resulting from the project. • Mickie Williams, 11804 S.W. Morning Hill, Tigard, Oregon 97223, requested clarification of the status of the Link property. Ms. Williams advised that she had been advised CITY COUNCIL MEETING MINUTES - OCTOBER 26, 1993 - PAGE 2 by the realtor's office staff that the Link property was not available for viewing because of an agreement with the City. After brief discussion, Ms. Williams was advised by the Mayor that the property should be available for viewing. 3. CONSENT AGENDA: Motion by Councilor Schwartz, seconded by Councilor Hunt to approve the following Consent Agenda items: 3.1 Set Hearing Date for Vacation of Easements in Lot 67 of the Plat of Castle Hill - Resolution No. 93-52 3.2 Set Hearing Date for Vacation of an Easement in Woodford Estates - Resolution No. 93-53 3.3 Appropriate Contingency for Yard Debris Program Design - Resolution No. 93-54 3.4 Extend Employment Contract with City Administrator Patrick J. Reilly - Resolution No. 93-55 (Note: Council received, prior to consideration, wording change for Section 6 C. concerning Life Insurance [Pg.8]. In summary, City will offer to purchase a $150,000 Whole Life Insurance Policy for a premium of up to $3,000 per year. Employee may choose another type of coverage at Employee's choice.) 3.5 Support "National Unfunded Mandates Day" as Presented by the National League of Cities - Resolution No. 93-56 The motion was approved by a unanimous vote of Council present. (Mayor Edwards and Councilors Fessler, Hawley, Hunt and Schwartz voted "yes.") 4. ADOPT FINAL ORDER APPROVING TRIAD TIGARD LIMITED MULTI-FAMILY DEVELOPMENT PLAN (SDR 93-09/PD 93-06) a. Community Development Director Murphy reviewed the staff report. He noted that page numbers referred to in the staff report were incorrect (see report in Council packet for the corrections). Mr. Murphy distributed a Page from the Community Development Code which deals with driveway access requirements. Mayor Edwards requested that the driveway information be sent to the Fire District. Mr. Murphy noted an Attachment B was referenced in the Final Order. This document is the Road Improvement Agreement which also outlines the use for Traffic Impact Fees (TIF) and should be included with the Final order. b. Motion by Councilor Fessler, seconded by Councilor Schwartz, to approve Resolution No. 93-57. CITY COUNCIL MEETING MINUTES - OCTOBER 26, 1993 - PAGE 3 RESOLUTION NO. 93-57 - IN THE MATTER OF THE ADOPTION OF A FINAL ORDER UPON CITY COUNCIL REVIEW OF APPEALS OF A PLANNING COMMISSION DECISION TO APPROVE A SITE DEVELOPMENT REVIEW/PLANNED DEVELOPMENT REVIEW APPLICATION (SDR 93-0009/PDR 93-0006) PROPOSED BY TRIAD-TIGARD LIMITED PARTNERSHIP. Council Discussion: Councilor Hawley advised she would abstain from voting since she had not attended any public hearings on this issue. Councilor Hunt said he would abstain as well. Motion passed by a majority vote of Council present (3-0- 2). (Mayor Edwards and Councilors Fessler and Schwartz voted "yes"; Councilors Hawley and Hunt abstained.) 5. CONSIDER RENEWAL OF NORTHWEST NATURAL GAS FRANCHISE AGREEMENT a. Finance Director Lowry reviewed the staff report. b. Motion by Councilor Hunt, seconded by Councilor Schwartz, to adopt Ordinance No. 93-29. ORDINANCE NO. 93-29 - AN ORDINANCE GRANTING A NON- EXCLUSIVE GAS UTILITY FRANCHISE TO NORTHWEST NATURAL GAS COMPANY, AND FIXING TERMS, CONDITIONS AND COMPENSATION OF SUCH FRANCHISE AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY. The motion was approved by a unanimous vote of Council present. (Mayor Edwards and Councilors Fessler, Hawley, Hunt and Schwartz voted "yes.") 6. NON-AGENDA ITEMS • Annexation Report ("Walnut Island") from Staff (Carried Over From the October 19, 1993 Council Meeting) Associate Planner Acker reviewed a map showing those people in the Walnut Island who were either interested or not interested in annexation. The majority were not interested. After discussion, it was council consensus to stop canvassing the area and asking residents about annexation. Staff is to send a letter to the Walnut Island residents advising them of the results of the canvass. ( CITY COUNCIL MEETING MINUTES - OCTOBER 26, 1993 - PAGE 4 Council will, at a future study session, review goals with regard to annexation. Staff will prepare a White Paper and outline options for a future course of action. Mr. Polans, resident of King City, noted opposition to pursuing annexation. Mayor Edwards commented that the issue was still under review. 7. EXECUTIVE SESSION: The Tigard City council went into Executive Session at 8:15 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. 8. ADJOURNMENT: 10:04 p.m. Attest: Catherine Wheatley, City R order ity of Tigard TI U, F PAX s~ Lp-~ Date: I I a3 1Q,3 ` ccm1026.93 CITY COUNCIL MEETING MINUTES - OCTOBER 26, 1993 - PAGE 5 i COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684.0360 Notice TT 7700 BEAVERTON, OREGON 97075 Legal Notice Advertising • City of Tigard • Q Tearsheet Notice • Accounts Payable Terry • 13125 SW Hall Blvd Q Duplicate Affidavit _ . Tigard, Oregon 97223-8199 The following meeting highlights are published for Yom information. Full • agendas may be obtained from the City Recorder, 13125 S.W. Hall Boulevard, Tigard, Oregon 97223, or by calling 639.4171. CITY COUNCIL BUSINESS MEETING OCTOBER 26,1993 ` TIGARD CITY HALL-TOWN HALL AFFIDAVIT OF PUBLICATION 13125 S.W. HALL BOULEVARD, TIGARD, OREGON STATE OF OREGON, ) Study Session (Town Hall Conference Room) - 5:30 P.M. COUNTY OF WASHINGTON, )as' • To discuss water issues.. I, Judith Koehler ; Business Meeting-7:30 P.M. being first duly sworn, depose and say that I am the Advertising • Reports from Councilors Director, or his principal clerk, of the Ti agra Tj M,--q fiom staff a newspaper of general circulation as defined in ORS 193.010 . Council Discussi0n/Reports and 193.020; published at Tigard in the - Water Issues afo a aid ount . n stale; that t'e. Local Contract Review Board Meeting into Executive L€v G~oun~i~ ~usiness eting . Executive Session: The Tigard City Council mayy go session under the provisions of ORS 192.660 (1) (d), (e), & (h) to dis a printed copy of which is hereto annexed, was published in the cuss labor relations, real property transactions, current and pending, entire issue of said newspaper for One successive and litigation issues. consecutive in the following issues: 700-Publish October 21, 1993. Oct. 21, 1993 v Subscribed and sworn to b ore me this 21st day of October, OFFICIAL SEAL R08IN A. BURGESS NOTARY PUBLIC -OREGON Notary Publi or Oregon COMMISSION NO. 024552 My Commission Expires, W COMWSS,Ot+ CYPIRES MAY 16,1997 AFFIDAVIT COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684.0360 Notice Tr 7708 BEAVERTON, OREGON 97075 Legal Notice Advertising a City of Tigard 0 ❑ Tearsheet Notice 0 Accounts Payable Terry 0 13125 SW Hall Blvd. 13 Duplicate Affidavit 0 Tigard, Oregon 97223-8199 0 - CLASSIFICA77ON N97ICE The City of Tigard adopted ordinance 93-29 on October 26, 1993 which classifies a franchise fee as not being subject to the limits of section l lb, AFFIDAVIT OF PUBLICATION Article XI of the Oregon Constitution. Any person may contact Cathy Wheatley, City Recorder, to obtain a copy of the ordinance. The City STATE OF OREGON, ) Recorder's office is located in City Hall at 13125 S.W. Hall Blvd. Tigard. COUNTY OF WASHINGTON, )as- Judicial review of the classification of the Franchise fee may be sought 1 JLidith Koehler within 60 days of the date of the ordinance. being first duty sworn, depose and say that 1 am the Advertising TT7708_PublishNovembcr4, 1993. Director, or his principal clerk, of the Tigard T;mac a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tig3_*~ in the aforesaid county and state; that the Classification Notice a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for Ong successive and consecutive in the following issues: Ngy, 4, 1993 i Subscribed and sworn to fore me this 4th day of November, pFF'.CIAL SEAL ROBIN A. BURGESS NOTARY PUSLIC - OREGON Notary is for Oregon COkiMiSsfON NO. 024552 MY COMR1:3SiolJ C'XPOES MAY 16.1997 My Commission Expires: AFFIDAVIT _ CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed Ord. rq~-~q STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, begin first duly sworn, on oath, depose an say: That I posted in theofollowing public and conspicuous places, a copy of Ordinance Number (s) which were adopted at the Council Meeting dated © Z 4'3 copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the j day of, s 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 Hail Blvd., Tigard, Oregon 4. Albertson's Store, Corner of Pacific Hwy. (State Hwy. 99) and SW Durham Road, Tigard, Oregon r MbA& h1A a,- Subscribed and sworn to before me this day of _ Y\4Js.-A! . 19_1 y 1 ph.!0:%NN-?AYES 1co C N OTARY r^UcLb. G EGON Notary ' u lic for Oregon COMAII-S-3101-4111 r;0-~ 13 A!Y C0rVtM1SS*N EXP!FL tAAY 3. 2^395 My Commission Expires: yam, S. l 4 9 S' 1og1n\jo\affpost CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed Ord. a aa- a.9 STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, begin first duly sworn, on oath, depose an say: That I posted in the~following public and conspicuous places, a copy of Ordinance Number (s) which were adopted at the Council Meeting dated copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the _ day of T1~7 kQ UA , 19 q 1. Tigard Civic Center, 13125 SW Hail Blvd., Tigard, Oregon 2. West One Bank, 12260 SW Main Street, Tigard, Oregon 3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon 4. Albertson's Store, Comer of Pacific Hwy. (State Hwy. 99) and SW Durham Road, Tigard, Oregon Subscribed and sworn to before me this day of Y\4.J,,-Ab-. . 19~ . NOTARY PO' :.(-EG0N Notary u lic for Oregon COMM).1iS!"N' r• C.. r.•~£° J 3 MY CONTMi-SION EXP!F.Z, ?AAY 3. 1395 My Commission Expires: y~,,r S. f 4 9 S Z iogin\Jo\aitpost raven®~ CITY OF TIGARD, OREGON ORDINANCE NO.93 :_;~a AN ORDINANCE GRANTING A NON-EXCLUSIVE GAS UTILITY FRANCHISE TO NORTHWEST NATURAL GAS COMPANY, AND FIXING TERMS, CONDITIONS AND COMPENSATION OF SUCH FRANCHISE AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY. WHEREAS, the ten-year franchise for the operation of a gas utility within the City is now before the City Council for renewal, the Council believes that the franchise should be renewed under the terms and conditions set forth in Exhibit "A", attached hereto, and by this reference made a part hereof. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1. The terms and conditions of the attached franchise agreement, Exhibit A, are hereby approved and adopted as part of this ordinance as if specifically set forth. SECTION 2. The Mayor is authorized and directed to sign the attached agreement on behalf of the Council. SECTION 3. Because of the need to have stable gas service and a stable revenue flow to the City from franchise fees, an emergency is declared and this ordinance shall take effect upon its passage. SECTION 4. The City Council determines that the fee imposed by this franchise is not a tax subject to the property tax limitations of Article XI, Section 11 (b) of the Oregon Constitution. SECTION 5. This ordinance shall replace and repeal the prior franchise with Northwest Natural Gas s Company, Ordinance No. 82-22 adopted on May 10, 1982. In addition, it is agreed by the City and Grantee that the terms of Ordinance No. 82-22 remained in effect from May 10, 1992 until the effective date of this Ordinance. PASSED: By Un'-- n', - nousvote of all Council members present after being read by number and title only, this Q L L-t day of Gc4Lot-2 , 1993. W a erine Wheatley, City Recor er APPROVED: This day of 0Gl-ob-elL, 19 raid R Edwards, Mayor Approved as to fo /6ty Attorney c/a cp lei 3 Ordinance No. 93- a Page 1 SIT "A" A FRANCHISE AGREEMENT BETWEEN THE CITY OF TIGARD AND NORTHWEST NATURAL GAS COMPANY, A CORPORATION. Section 1: Definitions and Explanations (1) As used in this ordinance. (a) "Bridge" includes a structure erected within the City to facilitate the crossing of a river, stream, ditch, ravine or other place, but does not include a culvert. (b) "City" means the City of Tigard and the area within its boundaries, including its boundaries as extended in the future. (c) "Council" means the legislative body of the City. (d) "Grantee" means the corporation referred to in Section 2 of this ordinance. (e) "Gas Mains" includes all gas transmission and distribution facilities located on or under any street, bridge or public place within the City. (f) "Person" includes an individual, corporation, association, firm, partnership and joint stock company. (g) "Public Place" includes any dedicated or city-owned park, place or grounds within the City that is open to the public but does not include a street or bridge. (h) "Street" includes a street, alley, avenue, road, boulevard, thoroughfare or public highway within the City, but does not include a bridge. (2) As used in this ordinance, the singular number may include the plural and the plural number may include the singular. (3) Unless otherwise specified in this ordinance, any action authorized or required to be taken by the City may be taken by the Council or by an official or agent designated by the Council Ordinance No. 93- Page 1 Section 2: Rights Granted Subject to the conditions and reservations contained in this ordinance, the City hereby ( grants to NORTHWEST NATURAL GAS COMPANY, a corporation, the nonexclusive right, privilege and franchise to: (1) Construct, maintain and operate a gas utility system within the City. (2) Install, maintain and operate on and under the streets and bridges and public places of the City, facilities for the transmission and distribution of gas to the City and its inhabitants and to other customers and territory beyond the limits of the City; and (3) Transmit, distribute and sell gas. Section 3: Use of Bridges and Public Places by Grantee. (1) Before the Grantee may use or occupy any bridge or public place, the Grantee shall first obtain permission from the City to do so and shall comply with any special conditions the City desires to impose on such use or occupation. (2) The compensation paid by the Grantee for this franchise includes compensation for the use of bridges and public places located within the City as authorized. Section 4• Duration. This franchise is granted for a period of ten (10) years from and after the effective date of this ordinance. Section 5: Franchise Not Exclusive. This franchise is not exclusive, and shall not be construed as a limitation on the City in: (1) Granting rights, privileges and authority to other persons similar to or different from those granted by this ordinance. (2) Constructing, installing, maintaining or operating any City-owned public utility. i Ordinance No. 93- Exhibit "A" Page 2 of 8 Section 6: Public Works and Improvements Not Affected by Franchise. The City reserves the right to: (1) Construct, install, maintain and operate any public improvement, work or facility; (2) Do any work that the City may find desirable on, over or under any street, bridge or public place. (3) Vacate, alter or close any street, bridge or public place. (4) Whenever the City shall excavate or perform any work in any of the present and future streets, alleys and public places of the City, or shall contract, or issue permits, for such excavation or work where such excavation or work may disturb Grantee's gas mains, pipes and appurtenances, the City shall, in writing, notify Grantee sufficiently in advance of such contemplated excavation or work to enable Grantee to take such measures as may be deemed necessary to protect such gas mains, pipes and appurtenances from damage and possible inconvenience or injury to the public. In any such case, the Grantee, upon request, shall furnish maps or drawings to the City or contractor, as the case may be, showing the approximate location of all its structures in the area involved in such proposed excavation or other work. (5) Whenever the City shall vacate any street or public place for the convenience or benefit of any person or governmental agency and instrumentality other than the City, Grantee's rights shall be preserved as to any of its facilities then existing in such street or public place. Section 7: Continuous Service. The Grantee shall maintain and operate an adequate system for the distribution of gas in the City. The Grantee shall use due diligence to maintain continuous and uninterrupted 24-hour a day service which shall at all times conform at least to the standards common in the business and to the standards adopted by state authorities and to standards of the City which are not in conflict with those adopted by the state authorities. Under no circumstances shall the Grantee be liable for an interruption or failure of service caused by act of God, unavoidable accident or other circumstances beyond the control of the Grantee through no fault of its own. r Ordinance No. 93- Exhibit "A" Page 3 of 8 Section 8: Safety Standards and Work Specifications. 4 i (1) The facilities of the Grantee shall at all times be maintained in a safe, substantial and workmanlike manner. t (2) For the purpose of carrying out the provisions of this section, the City may provide such specifications relating thereto as may be necessary or convenient for public safety or the orderly development of the City. The City may amend and add to such specifications from time to time. 4 Section 9: Control of Construction. The Grantee shall file with the City maps showing the location of any construction, extension or relocation of its gas mains in the streets of the City and shall obtain from the "t City approval of the location and plans prior to commencement of the work. The City may require the Grantee to obtain a permit before commencing the construction, extension or relocation of any of its gas mains. Section 10: Street Excavations and Restorations. (1) Subject to the provisions of this ordinance, the Grantee may make necessary excavations for the purpose of constructing, installing, maintaining and operating its facilities. Except in emergencies, and in the performance of routine service connections and ordinary maintenance, prior to maldng an excavation in the traveled portion of any street, bridge or public place, and, when required by the City, in any untraveled portion of any street, bridge, or any public place, the Grantee shall obtain from the City approval of the proposed excavation and of its location. Grantee shall give notice to the City by telephone, electronic data transmittal or other appropriate means prior to the commencement of service or maintenance work and as soon as is practicable after the commencement of work performed under emergency conditions. (2) When any excavation is made by the Grantee, the Grantee shall promptly restore the affected portion of the street, bridge or public place to the same condition in which it was prior to the excavation. The restoration shall be in compliance with specifications, requirements and regulations of the City in effect at the time of such restoration. If the Grantee fails to restore promptly the affected portion of a street, bridge or public place to the same condition in which it was prior to the excavation, the City may make the restoration, and the cost thereof shall be paid by the Grantee. 1 Ordinance No. 93- Exhibit "N' Page 4 of 8 Section 11: Location and Relocation of Facilities. (1) All facilities of the Grantee shall be placed so that they do not interfere unreasonably with the use by the City and the public of the streets, bridges and public places and in accordance with any specifications adopted by the City governing the location of facilities. (2) The City may require, in the public interest, the removal or relocation of facilities maintained by the Grantee in the streets of the City, and the Grantee shall remove and relocate such facilities within a reasonable time after receiving notice so to do from the City. The cost of such removal or relocation of its facilities shall be paid by the Grantee, but when such removal or relocation is required for the convenience or benefit of any person, governmental agency or instrumentality other than the City, Grantee shall be entitled to reimbursement for the reasonable cost thereof from such person, agency or instrumentality. Section 12: Compensation. (1) As compensation for the franchise granted by this ordinance, the grantee shall pay to the City an amount equal to three percent (3%) of the gross revenue collected by the Grantee from its customers for gas consumed within the City. " Gross revenue" as used in this ordinance shall be deemed to include any revenue earned within the City from the sale of natural gas after deducting from the total billings of the Grantee the total net write off of uncollectible accounts and revenues derived from the sale or transportation of gas supplied under an interruptible tariff schedule. Gross revenue shall include revenues from the use, rental or lease of operating facilities of the utility other than residential-type space and water heating equipment. Gross revenues shall not include proceeds from the sale of bonds, mortgage or other evidence of indebtedness, securities or stocks, sales at wholesale to a public utility when the utility purchasing the service is not the ultimate consumer, or revenue paid directly by the United States of America or any of its agencies. (2) The compensation required by this section shall be due for each calendar half year, or fraction thereof, within sixty (60) days after the close of such calendar half year, or fraction thereof. Within sixty (60) days after the termination of this franchise, compensation shall be paid for the period elapsing since the close of the last calendar year for which compensation has been paid. (3) The Grantee shall furnish to the City Finance Director with each payment of compensation required by this section a written statement, under oath, executed by an officer of Grantee showing the amount of gross revenue of the Grantee within the City for the period covered by the payment computed on the basis set out in subsection (1) of this section. The compensation for the period covered by the statement shall be computed on the basis of the gross revenue so reported. If controversy arises as to the amount of gross revenue within the meaning of this ordinance, the amount of such gross revenue as determined by the Public Utilities f Ordinance No. 93- Exhibit "A" Page 5 of 8 NEW ski Commissioner of Oregon after examination of the Grantee's records shall be deemed the correct amount. if the Grantee fails to pay the entire amount of compensation due the City through error or otherwise, the difference due the City shall be paid by the Grantee within fifteen (15) days from discovery of the error or determination of the correct amount. Any overpayment to the City through error or otherwise, shall be offset against the next payment due from the Grantee. (4) Acceptance by the City of any payment due under this section shall not be deemed to be a waiver by the City of any breach of this franchise occurring prior thereto, nor shall the acceptance by the City of any such payments preclude the City from later establishing that a larger amount was actually due, or from collecting any balance due to the City. (5) The City shall retain the right, as permitted by Oregon law, to charge a privilege tax in addition to the franchise fee set forth herein based on the gross revenues of the company. (6) The City shall have the right to change the percentage of gross revenues set forth in Section 12 (1) at any time during the life of this Agreement provided it has made such notice in writing at least one hundred eighty (180) days prior to the effective date of any change. Section 13: Books of Account and Reports. The Grantee shall keep accurate books of account at an office in Oregon for the purpose of determining the amounts due to the City under section 12 of this ordinance. The City may inspect the books of account at any time during business hours and may audit the books from time to time. The Council may require periodic reports from the Grantee relating to its operations and revenues within the City. Section 14: Collection Facilities. The Grantee may maintain facilities in the City where its customers may pay their bills for gas service during normal business hours. Section 15: Supplying Maus Upon Request. The Grantee shall maintain on file, at an office in Oregon, maps and operational data pertaining to its operations in the City. The City may inspect the maps and data at any time during business hours. Upon request of the City, the Grantee shall furnish to the City, without charge and on a current basis, maps showing the location of the gas mains of the Grantee in the City. Ordinance No. 93- Exhibit "A" Page 6 of 8 Section 16: Indemnification. The Grantee shall indemnify and save harmless the City and its officers, agents, and employees from any and all loss, cost and expense arising from damage to property and/or injury to, or death of, persons due to any wrongful or negligent act or omission of the Grantee, its agents or employees in exercising the rights, privileges and franchise hereby granted. ' Section 17: Sale or Assignment of Franchise. Y The Grantee shall not during the term of this franchise sell, assign, transfer or convey this franchise without first obtaining the consent of the City Council by ordinance, and that upon obtaining such consent all of the provisions shall inure to and bind the successors assigns of the Grantee, and whenever the Northwest Natural Gas Company shall be mentioned in this ordinance, it shall be understood to include such successors or assigns in interest of the Northwest Natural Gas Company as shall have been so consented to by the City Council. t Section 18: Termination of Franchise for Cause. Upon the willful failure of the Grantee, after thirty (30) days' notice and demand in writing, to perform promptly and completely each and every term, condition or obligation imposed upon it under or pursuant to this ordinance, the City may terminate this franchise, subject to Grantee's right to a court review of the reasonableness of such action. Section 19: Remedies Not Exclusive, When Requirement Waived. All remedies and penalties under this ordinance, including termination of the franchise, are cumulative, and the recovery or enforcement of one is not a bar to the recovery or enforcement of any other such remedy or penalty. The remedies and penalties contained in this ordinance, including termination of the franchise, are not exclusive and the City reserves the right to enforce the penal provisions of any ordinance or resolution and to avail itself of any and all remedies available at law or in equity. Failure to enforce shall not be construed as a waiver of a breach of any term, condition or obligation imposed upon the Grantee by or pursuant to this ordinance. A specific waiver of a particular breach of any term, condition or obligation imposed upon the Grantee by or pursuant to this ordinance shall not be a waiver of any other or subsequent or future breach of the same or of any other term, condition or obligation, or a waiver of the term, condition or obligation itself. Ordinance No. 93- Exhibit "A" Page 7 of 8 Section 20: Acceptance. The Grantee shall, within thirty (30) days from the date this ordinance takes effect, file with the City its written unconditional acceptance of this franchise, and if the Grantee fails so ? to do, this ordinance shall be void. PASSED by the Common Council this day of , 1993. Signed and approved by the Mayor this day of , 1993. Mayor ATTEST: Recorder Ordinance No. 93- Exhibit "A" Page 8 of 8 ACCEPTANCE OF FRANCHISE WHEREAS, the City of Tigard, Oregon, under date of . 1993 passed Ordinance No. . entitled as follows, to wit: An Ordinance granting a non-exclusive gas utility franchise to Northwest Natural Gas Company, and fixing terms, conditions and compensation of such franchise, repealing all ordinances and parts of ordinances in conflict herewith, and declaring an emergency. NOW THEREFORE, the undersigned, Northwest Natural Gas Company, the Grantee named in said ordinance, does for itself and its successors and assigns accept the terms, conditions, and provisions of Ordinance No. and agrees to be bound thereby and comply herewith. IN WITNESS WHEREOF, the Northwest Natural Gas Company has caused this instrument to be executed by its officers as below subscribed this day of . 1993. NORTHWEST NATURAL GAS COMPANY By Received by the City of Tigard this day of . 1993. AGENDA ITEM NO. 2 - VISITOR'S AGENDA DATE: _Octobgr 2S, 1993 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. STAFF NAME & ADDRESS TOPIC CONTACTED o c L+~•~srn L IMAZW (cJet~►2 F&--7720 uwonn log n o W ors. t 40, COUNCIL AGENDA ITEM 3.1 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 26, 1993 DATE SUBMITTED: ISSUE/AGENDA TITLE: setting a hear'Ta- PREVIOUS ACTION: date for vacation of easements in Castle Hill. PREPARED BY: Randy Woolev DEPT HEAD OK CITY ADMIN OK REQUESTED BY: ISSUE B THE COUNCIL Initiate consideration of vacation o easements and set a hearing date. STAFF RECOMMENDATION Approval of the attached resolution setting the hearing for November 23rd. INFORMATION SUMMARY The plat of Castle Hill was recorded in 1992. The plat shows easements for storm drainage across Lot 67. Lot 67 is a large lot (28.26 acres). In April 1993 the Planning Commission approved Castle Hill #2, which will subdivide Lot 67. As part of the public improvements, the developer will be revising the storm drainage to follow the new streets and lot lines of Castle Hill #2. The plat of Castle Hill #2 will provide the easements needed for C the revised storm drainage. In order to make the new lots buildable in Castle Hill #2, it will be necessary to vacate the easements dedicated in the original subdivision. The developer has requested vacation of the existing easements, to take effect at the time that the new plat is recorded. Approval of the attached resolution will initiate formal consideration of the developer's request and set a date for a formal hearing. PROPOSED ALTERNATIVES FISCAL NOTES All fees and staff costs will be paid by the developer. rw/vac-sum 's ® COUNCIL AGENDA ITEM 3- CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: October 26, 1993 DATE SUBMITTED: ISSUE/AGENDA TITLE: Setting a hearing PREVIOUS ACTION: date for vacation of an easement irL4 Woodford Estat s. PREPARED BY: Randy Wooley DEPT HEAD OK CITY ADMIN OK REQUESTED BY: ISSUE BEFO THE COUNCIL Initiate consideration of vacation of the easement and set a hearing date. STAFF RECOMMENDATION Approval of the attached resolution setting the hearing for November 23rd. INFORMATION SUMMARY The plat of Woodford Estates dedicated an easement along the west boundary for storm drainage improvements. The plat provides that the storm drainage is to be maintained by the property owners. Because of the way that the properties have been developed and graded, the storm drainage easement is no longer needed. Attached is a petition from the owners of the affected properties asking that the easement be vacated. Approval of the attached resolution will initiate formal consideration of the property owners' request and set a date for a formal hearing. PROPOSED ALTERNATIVES FISCAL NOTES This easement was dedicated as a public easement but assigns maintenance responsibility to the property owners. This is very unusual easement language. It may be in the City's interest to have the easement vacated in order to remove any question as to the City's responsiblities and liabilities related to the easement. Therefore, it is proposed that the fees for the vacation be paid by the City. rw/vac-sum2 1, i Swale evacuation Petition Homeowners L 21 - 33 Woodward Estates We, the undersigned, petition the City of Tigard to formally vacate the 15 foot public easement, located at the west end of each affected lot, at present stated to be a public easement for a private surface drainage system. This request is made by agreement via a telephone conversation with City of Tigard Engineer Randall R. Worley and Theodor R. Paulal of lot 23. The telephone conversation on this subject occurred on Sept 29,1993, at approximately 1 PM from the Hillsboro USA Office. Owner Street Address Sub Signatures Date Names Tigard, OR 97224 DIV Lot # Done, R. Michael & Pamela 14401 SW 130th 33 - r / White, Scott & Laurie 14423 SW 130th 32 i ` Campbell, Paul & Deana 14445 SW 130th 31 - Waymire, Melvin G. Jr & Judith 14467 SW 130th 30 Cincotta, John & Sandra 14481 SW 130th 29 zz~r Westerman, James & Karla 14503 SW 130th (0/3/T3 Doyle, Larry & Gail 14525 SW 130th 27 wv~ , ~G `GPR~ to Koszarek, Joseph & Laura 14547 SW 130th 26 Durgin, Ed & Jill 14569 SW 130th 25 AfAi /0 Cincotta, Dan & Lisa 14583 SW 130th 24 a Z-7-3 Paulat, Ted & Karon 14605 SW 130th 23 230 - F3 Voydat, Beth & Joe 14627 SW 130th 22 2Q Habel, Justin W. & Nancy K. 14649 SW 130th 21 ` 30 J 9/29/93 AGENDA ITEM # 3.3 For Agenda of October 26, 1993 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Appropriate contingency for Yard Debris Program Design Stud PREPARED BY: Wayne Lowry DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Shall the City Council appropriate contingency in the amount of $20,000 in the General Fund to fund a Contract for the review of a Yard Debris recycling program to be implemented July 1, 1994. STAFF RECOMMENDATION Staff recommends contingency in the General Fund be appropriated in the amount of $20,000. INFORMATION SUMMARY The Department of Environmental Quality (DEQ) has mandated that the City of Tigard implement a residential Yard Debris recycling program by July 1, 1994. The program must meet certain DEQ requirements concerning its effectiveness at removing Yard Debris from the waste stream. This issue was discussed at the Council workshop on September 28, 1993. The concept of hiring a consultant to examine all the options and alternatives involved in the design of such a plan was also discussed. Staff was asked to submit any budgetary adjustments to provide for having such a review done. The attached resolution appropriates $20,000 in the general fund for the review. OTHER ALTERNATIVES CONSIDERED FISCAL NOTES This resolution will reduce the General Fund contingency from $299,000 to $279,000 and will increase appropriations in the Field Operations Administration budget by $20,000. LL'' AGENDA ITEM # 3.7 For Agenda of October 26, 1993 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Approve City Administrator Employment Agreement A/ I PREPARED BY: DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Consideration of draft Employment Agreement for Patrick J. Reilly, City Administration. STAFF RECOMMENDATION Approve the resolution and agreement as proposed. INFORMATION SUMMARY The attached agreement was drafted to reflect discussions between the Council and the City Administrator. OTHER ALTERNATIVES CONSIDERED FISCAL NOTES AGENDA ITEM # 3.5 For Agenda of mlalp14A CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Adopt Resolution on Unfunded Mandates PREPARED BY: C.Wheatley DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE CO CIL Show of support for "National Unfunded Mandates Day" as presented by the National League of Cities. STAFF RECOMMENDATION Adopt the attached resolution. INFORMATION SUMMARY Material from the National League of Cities outlines our concerns: For cities and towns, unfunded federal mandates have become an increasingly difficult and intrusive problem. Along with the growing financial burden of their costs, they also have the effect of distorting local priorities by diverting resources that might have been assigned to other community needs. We usually have no quarrel with the intention of laws enacted by Congress such as assuring a healthful environment and enabling people with disabilities to participate fully in our society. What concerns us is that the costs and tasks of these good intentions are all too often left for cities to pay and carry out. Adding to our frustration is the fact that these programs, enacted by distant lawmakers in Washington, can lay claim to our local tax funds ahead of the needs and priorities of the people who elected us to address those needs. OTHER ALTERNATIVES CONSIDERED - - FISCAL NOTES s n/a h:\login\cathywandates i i 1 3 Elm= AGENDA ITEM # y For Agenda of bar26. 1= CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE AdopJIol3 of Final Order Approvil3g Triad Tigard im4ad MuftL-Famll PREPARED BY: Dick B. DEPT HEAD O LCTTY~ ADM IN O- a=-==-___= - ISSUE BE.0 Should the City Council approve that attached Final Order and Findings upholding the Planning Commission's approval of a 348 unit multi-family development plan for the southern slope of Little Bull Mountain? STAFF RECOMMENDATION It Is recommended that the City Council uphold the Planning Commission's approval of the site development plan/planned development subject to conditions according to the findings contained in the attached Final Order. - - - INFORMATION SUMMARY- - - Marge Davenport and Beverly Swink appealed the Planning Commission's August 16, 1993 approval of the 348 unit complex. On October 12, 1993, the City Council held a public hearing on the appeal. The Council voted to approve the development plan and directed preparation of a final order and findings reflecting that decision. The final order Including findings and conditions is attached with changes from the Planning Commission's proposed final order highlighted. More significant c %t`-es In fin dings in the final order include: TCDC Ch. 18.108 (Access, Egress and Circulation) pag, J need for a bike path, page • and a new conditions No. 21 (tree protection) page Vand condition C. L) No. 22 (access points) page W. 3 3y OTHER ALTERNATIVES CONSIDERED 1. Adopt the Final Order and Findings as attached. 2. Revise the Final Order and Findings. FISCAL NOTES None i T);sfr; 6Lt4:-,-V Minimum Number Cvyy)fyL{,Lyl;fJV. 17)/~~d I Dwelling of Driveways Minimum Access Minimum Pavement !C Units Required Required Sidewalks. Etc. j 1 1-2 1 10' 10' P:9s 3-19 1 30' 241 if two-way, ~f j 15 if one-way. UU~, 4 Curbs and 5' walkway required 20-49 1 30' 24' if two-way, or 2 30' 15' of one-way: Curbs and 5' 4 required 50-100 2 30' 24': Curbs and 5' walkway required 100+ for each 100 one additional 24' drive with :h spaces 5' walkway or a public street (Ord. 89-06; Ord. 83-52) r 18.108.080 Minimum Requirements: Commercial and Industrial Use i A. Vehicle access, egress and circulation for commercial and industrial use shall not be less than the following: Required Minimum Number Parking of Driveways Minimum Access Spaces Required Width Minimum Pavement 0-99 1 30' 241; curbs required 5' sidewalk one side only when abutting streets with . sidewalks 100+ 2 30' 24'; curbs and 5' sidewalk or required 1 50' 40'; curbs and 5' sidewalk required Revised 02/27/89 Page 251 a AGENDA ITEM # S For Agenda of October 26, 1993 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Northwest Natural Gas Franchise Renewal Ordinance PREPARED BY: Wayne Lowry DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Shall the City Council enact an ordinance to renew the franchise with Northwest Natural Gas Company. i STAFF RECOMMENDATION Staff recommends the franchise agreement set forth in Exhibit"A" be approved. INFORMATION SUMMARY The NNG franchise agreement expired in 1992. We have completed negotiations to renew the agreement for a term of 10 years. The proposed agreement ti includes the following: • Ability of City to review proposed construction in the right of way. j f • Ability to audit gross receipts upon which fees are calculated. • Ability to prescribe how street restoration work will be done. 3% franchise fee with ability to change amount with 180 days notice and ability to levy additional privilege tax. The balance of the language in the franchise is substantially unchanged from the 1982 agreement. OTHER ALTERNATIVES CONSIDERED 1) Approve proposed ordinance. 2) Renegotiate terms, then approve. FISCAL NOTES The NNG franchise agreement produces an estimated $150,000 per year in revenue to the General Fund at the 3% rate which is proposed to remain unchanged from the prior agreement. i 3 t ti