City Council Packet - 10/10/1995E
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e Qualified sign language interpreters for persons with speech or hearing impairments;
and
® Qualified bilingual interpreters.
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SEE ATTACHED AGENDAk
40 1
TIGARD CITT COUNCIL MEETING
OCTOBER 10, 1995 - 6:30 PM
AGENDA
6:30 p.m.
e STUDY MEETMG
> Executive Session: The Tigard City Council may go into Executive Session
under the provisions of ORS 192.660 (1) (d), (e), ex (h) to discuss labor
relations, real property transactions, current and pending litigation issues.
> Agenda Review
7:30 p.m.
1. BUSMESS MEETING
1.1 Call to Order - City Council ex 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 Mon-Agenda Items
2. PROCLAMATION: TURN OFF THE VIOLENCE DAY - OCTOBER 12, 1995
® Mayor Nicoll
3. VISITOWS AGENDA (Two Minutes or Less, Please)
7:50 p.m.
® 4. CONS~T_ 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 notion for discussion and separate action. Consent Agenda - Items
Removed for Separate ®iscomion• Any item reaiuested to be removed from the
Consent Agenda for separate discussion will be considered immediately after the
Council has voted on those items which do not need discussion.
Motion to:
4.1 Approve City Counncil Minutes: August 29, and September 12, 1993
4.2 Receive and File:
a. Council Calendar
b. Tentative Agendas
4.3 Approve Appointment of Shannon Busch to Library Board - Resolution No.
95-
4.4 Approve and Authorize the City Administrator to Sign an Intergovernmental
Agreement with Washington County to Participate in Year 6 of the Waste
Reduction Plan in Conjunction with All Cities within the County - Resolution
No. 95- r
4.5 Extinguish Existing Sanitary Sewer Easement in the Proposed Mountain
Highlands No. 2 and Wilmington Heights Subdivisions - Res. No. 95-_
L.J
COUNCIL AGENDA - OCTOBER 10, 1995 - PAGE 2
S. CONSIDER APPROVAL OF LICENSE AGREEMENT WITH PROPERTY OWNER OF
TIM GREENFIELD VILLAGE APARTHEN S AT 935TH AVENUE MANN WALNUT
STREET (Continued from the September 26, 199S)
® Staff Report - Community Development Director
o Council Questions to Property Owners
® Council Discusslon/Council Consideration: Resolution No. 95-_
b. CONSIDERATION OF FINAL TER (QUAASI JUDICLAW - SITE DEVELOPMEN'T'
REVIEW (SDR) 91-0005/VARIANCE (VAR) 91--0010 DO ENDEZ
To Consider the U.S. Supreme Court remand of conditions related to the dedication
of property for floodplain management and a bikepath relating to the determination
of the rough proportionality of those requirements. LOCATION: 12520 SW Main
Street (WCTM 2S1 2AC, tax lot 700). APPLICABLE REVIEW CRITERIA:
Community Development Code Chapters 18.32, 18.66, 18.84, 18.86, 18.100,
18.102, 18.106, 18.108, 18.114, 18.120, 18.134 and 18.164; the Parks
Master Plan for Fanno Creek, and the City of Tigard Master Drainage Plan. ZONE:
CBD (Central Business District). The Central Business District zone allows public
administrative agencies, cultural exhibits and library services, parking facilities,
public safety services, religious assemblies, and a variety of commercial and service
activities, among other uses.
® Staff Will Request dials item be Set Over to the Octobed° 24, 1995 Council
Meeting.
e Council Consideration: Motion Setting Over Consideration of Findings to
October 24, 1995.
7. CONSIDERATION OF RESOLUTION CONSENTING TO TIME TRANSFER OF
CONTROL OF WILLAMETTE CABLE TV, 1MC., FROM COLUMBIA CABLE OF
OREGON TO TCi CABLEVISION OF OREGON
a. Summary of Issue:
® Assistant to the City Administrator
® Representative from the Metropolitan Area Communications
Commission
b. Council Questions/Consideration: Resolution No. 95--
8. CONSIDER ESTABLISHING A BUILDING APPEALS BOARD
a. Summary of Issue: Community Development Director
b. Council Questions/Consideration: Resolution No. 95-_,
Amlhk
COUNCIL AGENDA - OCTOBER 10, 1995 - PAGE 3
9. TRANSPORTATION ISSUES UPDATE
Rrc'r icR of i=.si/2 i A WiiVa Ga ®lar. Rsa,67iiieieeE~teeais
a.
® Mayor and City Administrator
b. Status Update of Western Bypass
a Mayor and City Administrator
10. REVIEW DEPARTMENTAL SERVICE STANDARDS (Set over fpm the 9/12/95
C MFICH mMting)
as Summary of Issue: City Administrator
b. Council Questions/Consideration: Motion adopting service standards
proposed by City Departments.
11. COUNCIL CONSIDERATION: PROPOSED AMENDMENT TO COUNCIL
COMPENSATION (Set over ffrom the 9/12/95 Council meeting)
® Staff Recap of H-1story to Date: City Administrator
® Council Discussion/Consideration: Ordinance No. 95-
12. COUNCIL CONSIDERATION: COUNCIL GROUNDRULES (Set over from the
9/12/95 Council sheeting)
0 City Administrator
vouiica i escussioniC.Onsideration: Resoiution No. 95--
13. NON-AGENDA ITEMS
14. EXECl1TWE SESSION: The Tigard City Council will go into Executive Session under
the provisions of DRS 192.660 (1) (d), (e), ex (h) to discuss labor relations, real
property transactions, current and pending litigation issues. As you are aware, all
discussions within this session are confidential; therefore nothing from this meeting
may be disclosed by those present. Representatives of the news media are allowed
to attend this session, but must not disclose any information discussed during this
session.
15. AD30URHMENT
f ArecordeAccAcca 1010.45 P
COUNCIL AGENDA • OCTOBER 10, 1995 • PAGE 4
AMID&
Council Agenda Item 3.1
TIGARD CITY COUNCIL
MEETING MINUTES - OCTOBER 10, 1995
• Meeting was called to order at 6:32 p.m. by Mayor Nicoli.
1. ROLL CALL
Council Present: Mayor Jim Nicoli; Councilors Wendi Conover Hawley, Paul Hunt,
and Ken Scheckla. Staff Present: Bill Monahan, City Administrator; Pam Beery,
Legal Counsel; Jim Hendryx, Community Development Director; Liz Newton,
Assistant to the City Administrator; Catherine Wheatley, City Recorder; Ed
Wegner, Maintenance Services Director (Executive Session only); Randy Wooley,
City Engineer; Sandy Zodrow, Human Resources Director (Executive Session only).
EXECUTIVE SESSION
• The Tigard City Council went into Executive Session at 6:32 p.m. under the
ANIL 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 7:30 p.m.
STUDY SESSION
• Main Street island planters. City Administrator Monahan noted that island planters
will be placed downtown at Main Street and that the Downtown Merchants will
maintain the planters.
• Future Council meetings scheduled for the holiday season were discussed by Council.
Council agreed to cancel the November 28 and December 26 Council meetings.
BUSINESS MEETING
1. COUNCIL COMMUNICATIONS:
• Joint meeting with the Water Board will be held tomorrow night (7 p.m.).
Good representation from Council was urged.
2. PROCLAMATION:
0 Mayor Nicoli proclaimed October 12, 1995, as "Turn Off The Violence Day."
0 3. VISITOR'S AGENDA:
® Scott Rice, 13624 SW l±eiring, Tigard, Oregon, 97223, advised he was present
to comment on Agenda Item No. 5 (Consider Approval of License Agreement
with Property Owner of the Greenfield Village Apartments at 135th Avenue
and Walnut Street)
Mayor Nicoli advised that Mr. Rice would be given the opportunity to speak
when Council discussed that agenda item.
4. CONSENT AGENDA:
Councilor Hunt noted that on Page 3 of the City Council meeting minutes for
September 12, 1995 (Item 1.4), the second sentence in the first full paragraph should
read:
"Councilor Scheckla also thanked Jeff Munro from the Parks Division for his
assistance on Sunday."
In response to an inquiry from Councilor Hunt, City Administrator. Monahan
advised that a report on a water supplier is scheduled for Executive Session
discussion on November 14, 1995.
Motion by Councilor Hunt, seconded by Councilor Scheckla, to approve the Consent
Agenda:
4.1 Approve City Council Minutes: August 29, and September 12, 1995 (as
amended)
4.2 Receive and File:
a. Council Calendar
b. Tentative Agendas
4.3 Approve Appointment of Shannon Busch to Library Board - Resolution No.
95-47
4.4 Approve and Authorize the City Administrator to Sign an Intergovernmental
Agreement with Washington County to Participate in Year 6 of the Waste
Reduction Plan in Conjunction with All Cities within the County - Resolution
No. 95-48
4.5 Extinguish Existing Sanitary Sewer Easement in the Proposed Mountain
Highlands No. 2 and Wilmington Heights Subdivisions - Resolution No. 95-49
Motion was approved by unanimous vote of Council present. (Mayor Nicoli and
Councilors Hawley, Hunt, and Scheckla voted "yes.
Aft
CITY COUNCIL MEETING MINUTES - OCTOBER 10, 1995 - PAGE 2
5. CONSIDER APPROVAL OF LICENSE AGREEMENT WITH PROPERTY
OWNER OF THE GREENFIELD VILLAGE APARTMENTS AT 135TH AVENUE
AND WALNUT STREET (Continued from the September 26, 1995)
City Engineer Wooley advised the property owners were present to comment on this
item which had been discussed by City Council at the September 26 meeting.
Mr. Harold Heldfond was present, advising he was representing his wife, who is the
owner of the Greenfield Apartments. Also present was a representative from the
Greenfield Apartment management company.
Mr. Heldfond explained that since the construction of the road next to their
property, they have had problems with lights, noise, and the loss of tenants. In
addition, there is an open pond constructed near the apartment building which
concerns the apartment owners and tenants with regard to children's safety. Where
have been additional problems with trespassers walking behind their building and
loss of privacy to the apartment dwellers. Recently there was a burglary at the
apartment building the first ever experienced.
Mr. Heldfond referred to objections raised with installation of a barbed wire fence.
He said they have arranged for landscaping so the fence would not be seen within
a couple of years. He noted the fence was being installed for the protection of
children and tenants. The property manager for the apartment complex advised
that the fence at some places will be below the road. The manager said the fence
would contain "regular barbed wire" along the top of a chain link fence.
A drawing of the fencing detail was distributed to City Council for their review.
Mr. Scott Rice testified and objected to the barbed wire fence. Mr. Rice said it was
inappropriate to have this type of fence at this location. He pointed out that one of
the concerns was to limit the ability of children going to the pond. The pond, he
advised, was open on three ether sides. In addition, he noted the landscaping will
be on the inside of the fence and will not, in his opinion, obstruct the view of the
fence material from people passing by.
Council discussed the fence. Community Development Director Hendryx advised
there are no standards in the Code which prevent a fence of this type. With regard
to a question about liability from Councilor Hawley, Legal Counsel Beery responded
the agreement contains a hold harmless clause.
After discussion, Mr. Heldfond noted he would not object to placing the landscaping
material outside the fence; however, the type of planting material that was selected
will grow quickly through the fence and cover it entirely.
Aft,
CITY COUNCIL MEETING MINUTES - OCTOBER 10, 1995 - PAGE 3
RESOLUTION NO. 95-50 - A RESOLUTION AUTHORIZING A LICENSE
AGREEMENT FOR INSTALLATION OF A FENCE OR WALL WITH EXCESS
® STREET RIGHT-OF-WAY ALONG 135TH AVENUE AND TRACT F OF CASTLE
HILL NO. 2, ADJACENT TO THE GREENFIELD APARTMENTS.
Motion by Councilor Hunt, seconded by Councilor Hawley, to adopt Resolution No.
95-50.
Motion was approved by a majority vote of Council present. (Mayor Nicoli and
Councilors Hawley and Hunt voted "yes;" Councilor Scheckla voted "no.")
6. CONSIDERATION OF FINAL ORDER (QUASI-JUDICIAL) - SITE
DEVELOPMENT REVIEW (SDR) 91-0005/VARIA.-,NCE (VAR) 91-0010
DOLAN/MENDEZ P-
To Consider the U.S. Supreme Court remand of conditions related to the dedication
of property for floodplain management and a bikepath relating to the determination
of the rough proportionality of those requirements. LOCATION: 12520 SW Main
Street (WCTM 2S1 2AC, tax lot 700). APPLICABLE REVIEW CRITERIA:
Community Development Code Chapters 18.32, 18.66, 18.84, 18.86, 18.100, 18.102,
18.106, 18.108, 18.114, 18.120, 18.134 and 18.164; the Parks Master Plan for
Fanno Creek, and the City of Tigard Master Drainage Plan. ZONE: CBD (Central
Business District). The Central Business District zone allows public administrative
agencies, cultural exhibits and library services, parking facilities, public safety
services, religious assemblies, and a variety of commercial and service activities,
among other uses.
Mayor Nicoli announced that staff requested this item be set over to the October 24,
1995 Council meeting. The Legal Counsel for the Dolans, Me. John Shonkwiler, has
been advised of the set-over request.
Motion by Councilor Hawley, seconded by Councilor Hunt, to set-over the
consideration of findings to October 24, 1995.
Motion was approved by unanimous vote of Council present. (Mayor Nicoli and
Councilors Hawley, Hunt, and Scheckla voted "yes.")
7. CONSIDERATION OF RESOLUTION CONSENTING TO THE TRANSFER OF
CONTROL OF WILLAMETTE CABLE TV, INC., FROM COLUMBIA CABLE
OF OREGON TO TCI CABLEVISION OF OREGON
Assistant to the City Administrator Newton summarized this issue to City Council
(see staff report on file with the Council packet material). She advised the Legal
Counsel for the Metropolitan Area Communications Commission was also the law
firm which represented the City of Tigard. MACC recommends that the transfer
Aft
CITY COUNCIL MEETING MINUTES - OCTOBER 10, 1995 - PAGE 4
be approved. She advised that TCI will be bound to the same rates that are now
befng charged by Columbia Cable; however, Columbia Cable has a reiuest pending
before the FCC to increase rates.
TCI intends to honor all contracts that are in place now.
Mr. Fred Crist from the Metropolitan Area Communications Commission was
present to answer any questions. He also introduced Mr. Brad Nozler from TCI.
Councilor Scheckla asked questions regarding the cable converter box which is
needed for pay-for-view items such as the subscription for the Trailblazer games.
He questioned why the converter box which is only used during a certain period of
time continues to cost the customer a monthly charge.
Mr. Crist advised the subscriber could take the box back to the cable company to
avoid paying charges during the year.
RESOLUTION NO.95-51- A RESOLU'T'ION CONSENTING TO THE TRANSFER
OF CONTROL OF WILLAMETTE CABLE TV, INC. FROM COLUMBIA CABLE
OF OREGON TO TCI CABLEVISION OF OREGON.
Motion by Councilor Hunt, seconded by Councilor Scheckla, to approve Resolution
No. 95-51.
Motion was approved by unanimous vote of Council present. (Mayor Nicoli and
Councilors Hawley, Hunt, and Scheckla voted "yes.")
8. CONSIDER ESTABLISHING A BUILDING APPEALS BOARD
Building Official David Scott summarized the staff report on this agenda item. This
local Appeals Board would determine appeals of orders, decisions, and
determinations of the Building Official. Currently the City of Tigard does not have
such a Board. Therefore, all such appeals must be made to the appropriate State
Board. This process adds time to the determination of an appeal, because staff must
be brought up to speed on the issues on appeal. With a local Appeals Board, there
will be more local control as a "full service" building regulatory program.
To maintain local control and to provide for expeditious review of appeals, staff
proposed that a Building Appeals Board be created. If the proposed ordinance is
adopted, members would be appointed by the Mayor and regulations for the Board's
government and procedures would be established by the Board at its first meeting.
CITY COUNCIL MEETING MINUTES - OCTOBER 10, 1995 - PAGE 5
Mr. Scott reported he had received a comment from an electrical industry
representative. This representative suggested that someone from the industry either
serve on the Board or be advisory to the Board. (See message dated Tuesday,
October 10, 1995 from Mr. Ron Anderson with regard to his suggestion that
individuals from specific areas of expertise - i.e., plumbing, electrical - serve on the
Board).
Mayor Nicoll commented on why he supported the formation of an Appeals Board.
Requirements approved by the Legislature, including AIDA criteria requirements,
are sometimes outside the authority of the staff when it comes time to address
appeals on issues. He noted the Appeals Board would provide an extra service and
reduce the time needed for an appeal before the State appeals board.
There was discussion on qualifications of Board r..e,-nbers. The list of members was
expanded to include an attorney and up to six additional members quali~ ed by
construction experience and training.
Powers and duties of the Board were expanded to include items such as a review of
ADA legislation. It was determined that the quorum would remain the same, even
though the Board membership increased. In addition, it was noted that reference
to the "Tigard Building Code" should be changed to read "Title 14 of the Tigard
Municipal Code."
Council discussed the elements of the proposed ordinance, and asked questions with
regard to the benefit of the Appeals Board.
(Recorder's Note: Legal Counsel Beery and Building Official Scott left the meeting
to prepare amendments as discussed by Council for the proposed ordinance.
Council disr-!;sE!~d Item No. 9 while they were gone; for continuity, the minutes for
the rest of Item No. 8 follows here instead of after hem No. 9.)
Building Official Scott read the following wording for amendments prepared by
Legal Counsel Beery:
1. Wherever the words "Tigard Building Code" or "Code" are used, they
shall be replaced with references to "Title 14 of the Tigard Municipal
Code."
2. Section 2.09.030, Qualifications, is amended by adding an additional
subsection H to read "one attorney actively engaged in their practice
of law in the State of Oregon."
CITY COUNCIL MEETING MINUTES - OCTOBER 10, 1995 - PAGE 6
3. Section 3.09.030, Qualifications, is amended by adding an additional
subsection I to read "up to six additional members qualified by their
construction trade experience and training."
4. Section 2.090.100 A is amended by adding "and any other authority
granted in statute, law or rule" at the end of the first sentence of the
paragraph.
Motion by Councilor Hunt, seconded by Councilor Hawley, to adopt Ordinance No.
95-21 with the amendments as proposed by staff and Legal Counsel.
ORDINANCE NO. 95-21 - AN ORDINANCE AMENDING TITLE 2 OF THE
MUNICIPAL CODE TO ESTABLISH A BUILDING APPEALS BOARD AND
DECLARING AN EI6MRGENCY
Motion was adopted by a majority vote of Council present. (Mayor Nicoli and
Councilors Hawley and Hunt voted "yes"; Councilor Scheckla voted "no.")
9. TRANSPORTATION ISSUES UPDATE
a. City Administrator Monahan reviewed the I-5/217 Subarea Plan
Recommendation. The preferred alternative selected will cost approximately
$45 million; $22 million has been set aside. Other funds will have to be
found in order to construct the preferred alternative.
The steering committee and project management team has met. There was
consensus on the alternative this alternative best serves the needs for this
transportation link.
Mr. Monahan advised that the Oregon Department of Transportation
(ODOT) made a commitment that the Phoenix Plan will not be the alternative
used. ODOT will work with the jurisdictions who put together the proposal
for the preferred alternative. Funding of the remaining dollars needed could
come from the regional arterial program, State funding, or a possible gas tax.
There is also the possibility of a regional gas tax.
The proposal is for the project to be completed in phases. Mr. Monahan said
local improvements would also be necessary for the completion of the
preferred alternative. These local improvements will need to be reviewed by
the Planning Commission and City Council.
0 CITY COUNCIL MEETING MINUTES - OCTOBER 10, 1995 - PAGE 7
b. Status Update of Western Bypass - The Western Bypass is an option under
consideration in transportation planning; however, City Administrator
Monahan reported that it looks as if the connection between I-5 and Pacific
Highway south of Tualatin is the option most favored. Under this option,
Highway 217 would receive funding for additional lanes.
Mayor Nicoli noted that while reviewing the Western Bypass, several options
were also identified. Mayors from several cities have been meeting to discuss
the best way to proceed for the Tigard, Tualatin and Sherwood communities.
The Western Bypass appears to be at least 20 to 30 years away because of
funding problems which prompted a review of improving existing arterials.
In addition, Mayor Nicoli reported that it did not appear that the Western
Bypass would be of particular benefit to the traffic congestion on Pacific
Highway in Tigard. He advised the connection between Pacific Highway and
I-5 between Tualatin and Sherwood looks promising. This has been
commonly referred to as the "Toll Road" option.
Mayor Nicoli advised that a decision on options will be made within the next
month.
10. REVIEW DEPARTMENTAL SERVICE STANDARDS (set over from the 9/12/95
Ack Council meeting)
City Administrator Monahan reviewed the staff report on this agenda item. Service
standards were developed for daily and long-range services for City operations. Mr.
Monahan noted the annual review of the service standards would be conducted
during the budget process.
After asking questions with regard to clarification of several specific service
standards, Mayor Nicoli advised that he favored the adoption of the service
standards. He noted that he proposed development of the service standards to assist
Council in several ways. Such assistance would be provided when reviewing budget
requests from City departments, responding to complaints or concerns that City
services were taking too long, or using them as a tool by City Council when issues
come up which will require work by staff.
Over the course of time, Mayor Nicoli noted that Council may inadvertently increase
workload by directing staff resources in response to issues which come before the
Council. With the service standards in place, the Mayor hoped it would be easier
to identify when Council may need to re-evaluate the directives that they give to
staff. Mayor Nicoli noted that staff did a good job in preparing the service
standards.
CITY COUNCIL MEETING MINUTES - OCTOBER 10, 1995 - PAGE 8
Councilor Hunt disagreed with the idea of developing service standards. He noted
concerns that this could be viewed as milcro-management by the City Council; the
City Administrator should monitor the areas outlined. The service standards, he
advised, appeared to take authority away from the City Administrator. He said he
would not support the adoption of service standards.
In response to a question from Councilor Hawley, City Administrator advised he
was not opposed to trying this program. He noted that this is information that was
generally monitored by staff regardless. In the past, Mr. Monahan said service
standards did present problems; he advised he believed this was because the
standards were not regularly "fine-tuned."
Councilor Hunt reiterated that monitoring the service standards is within the City
Administrator's area of responsibility.
Councilor Hawley advised it seemed to her that these standards were policy
statements for review by City Council., From the City Administrator's remarks, it
appears that the service standards would serve as a blueprint for the execution of
daily/weekly work. Councilor Hawley advised that service standards represent an
expression to the City Council of what staff thinks they can accomplish within the
budget limitations.
Councilor Scheckla advised that in his review, service quality may suffer. He noted
concern that employees may attempt to do work within the timeline allotted when
some issues may need more time to be resolved.
City Administrator Monahan advised that times assigned to certain areas of service
would serve as benchmarks; that is, an estimate of the amount of time staff would
normally expect a certain project or service to take.
Councilor Scheckla advised that he still had concerns.
Councilor Hawley advised she thought the service standards would assist City
employees to prioritize their work.
Mayor Nicoli noted that the function of the City is to provide service. As the Board
of this agency, Council should be aware of what is considered acceptable or not
acceptable; the standards could be used as a tool to avoid overloading staff. Service
standard levels would be especially helpful during budget preparation when
determining where resources are needed.
Mayor Nicoli received responses from Councilor Hunt and Councilor Scheckla that
they would not support the service levels. Councilor Hawley said she favored the
adoption of service standards. Mayor Nicoli advised that since it appeared the four
AdUh,
CITY COUNCIL MEETING MINUTES - OCTOBER 10, 1995 - PAGE 9
Councilors would be locked on the issue, that he proposed setting this issue over to
be dealt with when all five Council members were present.
This agenda item was set over to November 14, 1995.
11. COUNCIL CONSIDERATION: PROPOSED AMENDMENT TO COUNCIL
COWENSATION (set over from the 9/12/95 Council meeting)
City Administrator Monahan reviewed the staff report on this agenda item.
Councilor Hunt advised he was in favor of an increase in Council compensation. He
noted the number of meetings and the many hours a Councilor must serve while
fulfilling the obligations of the Council position. He noted concerns with the number
of hours required which may correlate as to why people who initially show an
interest in running for Council office do not file as a candidate for the office.
Councilor Hawley advised she had spoken to people in the community about this
issue. Quite a few of those people told her that Council should not be compensated.
She said it was important for people to recognize the time and effort Council
expends.
Councilor Hawley said that serving or. Council is a serious commitment to the
community the community should commit to the Council and recognize their
value. She supported the increase in Council compensation.
Councilor Scheckla advised he was aware of the compensation a Councilor received
when he ran for the office. He noted an elected official must have pride in the
community; that you "cannot buy good government." He was concerned with
Council receiving compensation on the higher end of the scale for local government
officials. He also expressed uneasiness with citizen perception and referred to their
response when the City asks them for additional funds (i.e., for a larger library
facility). He suggested that if a raise in Council pay is granted, that it be phased in
over four years so the Council would not be voting for a raise for themselves.
Councilor Hawley commented on the need to "afford" to run for the office in three
areas: emotionally, socially, and financially. She said she would like assistance in
at least one of the three areas financially.
Councilor Hunt said he hoped an increase in compensation would attract more
people to run for local government. This may occur if they knew it was not going
to cost them money.
AML
CITY COUNCIL MEETING MINUTES - OCTOBER 10, 1995 - PAGE 10
Mayor Nicoli advised he thought it was appropriate for Council to be compensated.
A& He noted that when he ran for Council, he wNw net aware of how much the
compensation would be. He reviewed the amount of time he spent as Mayor for
City business: About four to five meetings a week, at an average time of two hours
per meeting. He noted this time spent represented a loss for him in billable hours
in his engineering business. Mayor Nicoli advised that if the City was going to get
people interested in running for public office, that it would be best not to penalize
them to serve at this level.
In reviewing the proposal from the task force, Mayor Nicoli suggested that the
recommendation of $10 per meeting attended by a Councilor when they are
attending an Intergovernmental Board, committee, or agency, be dropped. He also
advised he believes the increase of the Mayor to $450 per month was too large of a
jump; he suggested this be reduced to $350 per month. He also advised he thought
the increases should be implemented over a two-year period of.time, and that the
increases be instituted at the next budget cycle, or on January 1.
After discussion, majority Council consensus was that the Mayor's rate of
compensation be increased from $250 to $300 on January 1, 1996, and then
increased from $300 to $350 on January 1, 1997.
City Council compensation would be increased from $100 to $175 on January 1,
1996, and then increased from $175 to $250 on January 1, 1997.
In addition, a majority of Council agreed that the $10 per meeting attended by
Council members be dropped as a proposal. Council agreed that Council
compensation would be reviewed by the Budget Committee every year during the
budget process.
A resolution for Council consideration for budget allocation will be presented to
Council at a future date. Council considered the proposed ordinance submitted with
the staff report to amend the Municipal Code which specifies how Council
compensation is set.
ORDINANCE NO. 95-22 - AN ORDINANCE OF THE TIGARD CITY COUNCIL
TO AMEND TIGARD MUNICIPAL CODE SECTION 2.44.010, AND SETTING
AN EFFECTIVE DATE.
Motion by Councilor Hawley, seconded by Councilor Hunt, to adopt Ordinance No.
95-22.
The ordinance was approved by a majority vote of Council present. (Mayor Nicoli
and Councilors Hawley and Hunt voted "yes"; Councilor Scheckla voted "no.")
Aft
CITY COUNCIL MEETING MINUTES - OCTOBER 10, 1995 - PAGE 11
12. COUNCIL CONSIDERATION: COUNCIL GROUNDRULES (Set over from the
® 9/12/95 Council meeting)
City Administrator Monahan reviewed the staff report on this agenda item. Staff
recommends that City Council accept the draft City Council Groundrules and the
agenda process by passing the proposed resolution in the Council packet material.
Council discussed the goundrules briefly. It was noted that on Page 2, Council had
a choice of wording on the first and second paragraphs. Council consensus was that
in Paragraph 1, Council may reset or schedule items. In Paragraph 2 on Page 2 of
the Council Groundrules, the regular time of adjournment would be 11:00 p.m.
unless the time was extended by majority consent of Council members present.
Motion by Councilor hunt, seconded by Councilor Hawley, to adopt Res. No. 95-53.
RESOLUTION NO. 95-53 - A RESOLUTION ESTABLISHING POLICY OF THE
CITY COUNCIL REGARDING COUNCIL GROUNDRULES CONCERNING
CONDUCT AT CITY MEETINGS; INTER-RELATIONSHIPS BETWEEN THE
CITY COUNCIL AND ITS APPOINTED BOARDS; COMMUNICATIONS
BETWEEN COUNCILORS, CITY ADMINISTRATOR AND STAFF;
COMMUNICATIONS AMONG COUNCILORS; COMMUNICATIONS WITH THE
COMMUNITY/GENERAL PUBLIC; PLUS COMMUNICATION PROCEDURES
IN GENERAL (SUPERSEDING RESOLUTION NO. 95-35, 81-114A, 77-91, AND
75-30)
Motion was approved by a unanimous vote of Council present. (Mayor Nicoli and
Councilors Hawley, Hunt, and Scheckla voted "yes.")
13. NON-AGENDA ITEMS - None
14. EXECUTIVE SESSION - Canceled
15. ADJOURNMENT: 10:10 p.m.
Attest:
(/lJ
Catherine Wheatley, City Recor
~Pyor, City of,Tigard
Date: I ll 1 l `7 lq 's
f:kecorder\aankan1010.95
CITY COUNCIL MEETING MINUTES - OCTOBER 10, 1995 - PAGE 12
COMMUNITY NEWSPAPERS,
P.O. BOX 370 PHONE (503) 684-0360
BEAVERTON. OREGON 97075
Legal Notice Advertising
• City of Tigard • ❑ Tearsheet Notice
® 13125 SW Hall Blvd. •
Affidavit
Tigard,Oregon 97223-8199 13 Duplicate
• Accounts Payable-Terry •
AFFIDAVIT OF PUBLICATION
_.N
STATE OF OREGON, )
COUNTY OF WASHINGTON, )as'
1, Judith Koehler
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of the m; g?rd-m„a 1 a+; n Times
a neerspapar of general circulation as defined in ORS 193.010
and 193.020; pubiished at Tigard in the
aforesaid county and state; that the
c;tv rnunnil Business 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:
October 5,1995
INC. Legal
Notice TT 8317
~S .o~ori7 : ~ • •
. ~ .Ohl u; i
:nrra:rMt: c • ,O
.
~ lhvnc~ l'J yo
tai:,( tE%"r :
n.~d.tX ,.,.r t-)
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.gdf.AtEdI~~Jt;;
l t . Jil..xft V to 0
i•n )4 eriT it
rl a : ere to r
J
Subscribed and sworn to a ore me thi~th day of October, 19~• OFFICIAL SEAL
G F'i
ROSIIJ' A. BURGESS
f NOTARTAR'! PUBLIC -OREGON
COMMISSION NO. 024552
Not Public for Oregon MY COMMISSION EXPIRES MAY 18,1997 t
My Commission Expires:
AFFIDAVIT
11
L"~•J
The fOHowmg reetfrihighlilis arenbltshr~1 for yaur information Full '
agendas,may be obtained from toe City Recorder, 13125 S.W Hall>
Boulevard, TigU4, €3reg6tt 9722:;, or;by calling'094171
CITY COUNCIL MEETING MEETING
`
OCTOBER 10 1995
- TIGARD CITY. HALL - TOWN HALL
13125 &W. HALL BOULEVARD, TIGARD. OREGON
Study Meeting (Red Rock Creek' Conference Room),(6:30 P.M.)
o _ Executive SessiofiJbe.Tigard City Council may
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.
o Agenda Review .
$usmess Meeting (Town Hall) (7:30 p.m.)
o Proclamati on: Turn Off %th Violence Day October 12,1995
o Consider Final Order - Dolan/Mendez-- SET OVER:TO
10/24/95 - To consider. the,U.S. Supreme court remand of eon
ditions related to, the dedication of property.. . floodplairi:
managemenf and a.bikepath relating to the determination of, the
rough'prcpordonality-of those requirements. Location 12520
S.W. Main Strect.(WCTM 2S1, 2AC, Tax Lot 700):
o Discussion: Building Code Appeal Board
Council Consideration: Resolution Consenting to the Transfer
of Control of Willamette Cable TV, Inc., from Columbia Cable
of Oregon-to TCI Cablevision of Oregon.
o.. Consider Service Standards Proposed by City Departments
a Consider Recommendation by Council Compensation Task
Force on Council Compensation i
Consider Updated Council Groundrules
Loral Contragt Reyiaw Board. Meeting
TT8317 Publish October 5,1995.
Crrfi• OF TIGARD, OREGON
AFFIDAVIT OF POC~ar
H
In the Matter of the Proposed
STATE OF OREGON )
County of Washington )Ss.
City of Tigard )
I, "U.,J4. akUAJLbegin first duly sworn, on oath,
depose and y:
That I posted in the public and conspicuous places, a copy of Ordinance
Number (S) I's a I . followings ~ ~
-•ti
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 t% day of 0! I . 5 g g s
9. * Tigard C vy Hall, 53925 SW Flail Blvd., Tigard, Oregon
2. Tigard Library, 93925 SW Flail Blvd., Tigard, Oregon
3. Tigard Water Department, 5777 SW Burnham, Tigard, Oregon
f '
Subscribed and sworn to before me this If day of am&,, , 19 q~
0 OFFICIAL SEAL
M JO ANN HAYES
NOTARY PUBLIC-OREGON
COAAMISSION NO.0a21a8
MY CONfMISSION EXPIRES MAY 05, 1999
Notar)r Pu I for Oregon
My Commission Expires: Sri I TD
1og1n\jo\affpost
CITY OF TIGARD, OREGON
ORDINANCE NO. 95- 1;11
J
AN ORDINANCE AMENDING TITLE 2 OF THE MUNICIPAL CODE TO ESTABLISH A
BUILDING APPEALS BOARD AND DECLARING AN EMERGENCY.
WHEREAS, ORS 455.020(4) enables municipalities to enact regulations
providing for local administration of the state building code and a
local appeals board; and
WHEREAS, the City Council finds that a building appeals board shall be
established as required by state codes adopted pursuant to Section
14.04.030; and
WHEREAS, the City Council finds that creation of such a board is
immediately needed to ensure the public peace, health, and safety of the
citizens of Tigard; now, therefore;
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Title 2 of the Tigard Municipal Code is amended by adding
Chapter 2.09 Building Appeals Board as follows:
Chapter ;
2.09.010
2.09.020
2.09.030
2.09.040
2.09.050
2.09.060
2.09.070
2.09.080
2.09.090
2.09.100
2.09.110
?.09 Buildings Appeals Board.
Purpose
Appointment--Membership
Qualifications
Board removal
Vacancy
Election of officer:-
Meetings--Quorum--Voting
Board member conflict of interest
Disclosure of prehearing contact
Powers and duties of board
Rules and procedures
2.09.010 Purpose.
The purpose of the Tigard building appeals board is to hear and
decide appeals of orders, decisions or determinations made by the
building official relative to the application of Title 14 of the Tigard
Municipal Code.
2.09.020 Appointment--Membership.
The board shall consist cf fourteen members who are not council
members, officers or employees of the city. The members of the board
shall be appointed by the mayor, subject to confirmation by the council,
for a term of four years, and shall serve at the pleasure of the mayor
ORDINANCE No. 95--al
Page 1
and council. The Building Official shall be an ex-officio member
shall act as secretary to the board but shall have no vote on any mat
before the board.
2.09.0330 Qualifications.
The membership shall include:
A. one individual representing the general public;
B. one individual representing the Oregon Disabilit
Commission;
C. the Fire Marshal or designee of the Tualatin Valley Fire
Rescue District.;
D. one licensed general contractor actively engaged in
building business;
E. one architect, registered under state law;
F. one professional engineer, registered under state law
competent in matters of structural engineering;
G. one building official in the active employment of an OrE
municipality;
H. one attorney actively engaged in the practice of law in
State of Oregon; and
I. up to six additional members qualified by their construct
trade experience and training.
2.09.040 Board removal.
A board member may be removed by the appointing authority, ai
hearing, for misconduct or nonperformance of duty.
2.09.050 Vacancy.
Any vacancy in the board shall be filled by the appoint
authority for the unexpired portion of the term of the predecessor
the office.
2.09.060 Election of officers.
The board, at its first meeting in each fiscal year, shall elec
chairperson and vice-chairperson, who shall serve at the pleasure of
board. The chairperson and vice-chairperson shall be voting member:
the board. The vice-chairperson shall preside in the absence of
chairperson.
2.09.070 Meetings--Ouorum--Votinct.
The board shall meet as necessary. Four members constitut
quorum. All decisions of the board shall be by a majority vote of tr
members present and voting. Any item shall be deemed not to pass u
there is lack of majority vote.
ORDINANCE No. 95--al
Page 2
2.09*.080Board member conflict of interest.
A member of the board shall not participate in any board proceeding
or action in which that member has a personal or pecuniary interest.
AMM. Any actual or potential interest shall be disclosed at the meeting of
the board where the action is being taken.
2.09.090 Disclosure of prehearinc contact._
A member of the board shall disclose to the board, prior to any
proceeding of the board, any prehearing or ex parte contacts with the
applicant, or applicant's officers, agents, or employees. A member of
the board shall disqualify himself or herself or be disqualified'by the
remaining members of the board, when it.appears that the impartiality or
objectivity of any member has been compromised by prehearing or ex parte
contact.
2.09.100 Powers-and duties of board.
A. The board shall have the authority to hear and decide appeals
of orders, decisions or determinations made by the Building
official relative to the application of Title 14 of the Tigard
Municipal Code and any other authority granted in statute,
law, or rule. The board shall have no authority relative to
interpretation of the administrative provisions of Title 14 of
the Tigard Municipal Code nor shall the board be empowered to
waive requirements of Title 14 of the Tigard Municipal Code.
B. In granting any appeal, wherein the requirements of Title 14
of the Tigard Municipal Code are modified, the board shall
figm
first find that a special individual reason makes compliance
with the strict letter of Title 14 of the Tigard Municipal
Code impractical and that the modification is in conformance
with the intent and purpose of Title 14 of the Tigard
Municipal Code and that such modification does not lessen any
fire-protection requirements or any degree of structural
integrity.
C. In granting any appeal wherein an alternate material or method
of construction not specifically prescribed by Title 14 of the
Tigard Municipal Code is approved, the board shall first find
that the proposed design, material, method, or work offered
is, for the purpose intended, at least the equivalent of that
prescribed by Title 14 of the Tigard Municipal Code in
suitability, strength, effectiveness, fire resistance,
durability, safety and sanitation. The board shall require
that sufficient evidence or proof be submitted to substantiate
any claims that may be made regarding such alternates.
D. The details of any board action, with accompanying findings,
shall be entered into the record for the property in question.
u
ORDINANCE No. 95---al_
Page 3 '
2.09.110 Rules and procedures.
The board shall establish such rules and regulations for its
governance and procedure consistent with the laws of the state and the
ordinances of the city.
SECTION 2: Emergency
The City Council finds that it is necessary to establish a building
appeals board with the least possible delay pursuant to the requirements
of the state codes adopted by Section 14.04.030. Therefore, an
emergency is declared to exist, and this ordinance shall become
effective immediately upon passage and approval of the City Council.
PASSED: By 1M M vote of all Council members present
after being r ad by number and title only, this /D-Lh day
of ®ta~D-its 1995.
atherine Wheatley, City Rec der
APPROVED: By Tigard City Council thi
1995.
f D day of
~G~~C ~PJV
J
Approved as to form:
City Attorney
Date
H:\login\david\appbrd.ord
coli, Mayor
ORDINANCE No. 95- a1
Page 4
CITY OF TIGARD, OREGON
ORDINANCE NO. 95-C;)QL '
AN ORDINANCE OF THE TIGARD CITY COUNCIL TO AMEND TIGARD MUNICIPAL CODE
SECTION 2.44.010, AND SETTING APT EFFECTIVE DATE
WHEREAS, Tigard Municipal Code Section 2.44.010 provides for
compensation to each duly appointed or elected Council member and the
Mayor; and
WHEREAS, the City Council appointed a Task Force (comprised of five
members of the Budget Committee) to review Council Compensation, and
WHEREAS, the report of the Task Force was presented to the City Council
on July 25, 1995, recommending an increase in Council compensation; and
WHEREAS, the Council delayed deliberating toward a decision on the
matter to give opportunity to Tigard citizens to comment on the Task
Alk Force proposal, and
WHEREAS, the Tigard City Charter, Chapter III, Section 11 authorizes the
City Council of the City of Tigard to set salaries and compensation for
the services of each city officer and employee; and
WHEREAS, the Tigard City Council desires to adopt amendments to Tigard
Municipal Code Section 2.44.010 to be effective January 1, 1996; and
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Section 2.44.010 is hereby amended to
read as it appears in Exhibit "A" which is attached
hereto.
SECTION 2: This ordinance shall be effective January 1, 1996, upon
passage by the Council, signature by the Mayor, and
posting by the City.Recorder.
ORDINANCE No. 95 - 01a
Page 1
PASSED: • By ~.YYLCe vote of all Council members present
after being read by number and title only, this 174-4% day
of dam- 1995.
Catherine Wheatley, Cit Recorder
APPROVED: By Tigard City Council this day of ,
1995.
Jam,ag idoli, Mayor
Approved as to form:
City Attorney
ZQ 1/o ,1
Date
C
ORDINANCE No. 95-11~a
Page 2
Exhibit. "A"
Note: Deleted language
underlined.
Chanter 2.44 Comnensation*
shown in [brackets]; added 'Language is
[For attendance at regularly scheduled meetings of the city
council, each duly appointed or elected councilmember-shall be entitled
to a salary in the amount of one hundred dollars per month. For
attendance at regularly scheduled meetings of the city council, the duly
appointed or elected mayor shall be entitled to a salary in the amount
of one hundred fifty dollars per month.]
For attendance at regularly scheduled meetings of the city council
and meetings for an intergovernmental board, committee, or agency, each
duly appointed or elected councilmember and the mayor shall be entitled
to compensation The amount of compensation may be reviewed and set
annually by resolution of the City Council as part of the budget cycle.
* For Charter provisions allowing the compensation of each city officer
to be fixed by the council, see Chapter III, Section 11 of the Charter
of the City of Tigard.
f:\1ogin\cathy\ccomp.ord
ORDINANCE No. 95- a o~
Page 3
AGENDA. ITEM NA. - . 3~, - VIII TOWS AGENDA DATE: October 10, 1995
(Limited to 2 minutes or legs, 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.
NAME, ADDRESS at PHONE
T®P9
STAFF
CONTACTED
l
n:u0e1n%j0%V1SKM.znt
AGENCIA ITTM Wn- 3 - VISIMRIS ACMKMnA PAGE 2 DATE_ 10- 199S
(Umited to 2 minutes or less, please)
lease 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 at PHONE TOPIC CONTACTED
I
Y
~vlt V1(~ l YY 1w L -
d C(L\/tA e d fo
October 10, 1995
Members of the City Council
Tigard, Oregon
C', C; L 10// l) l e, Y
G • W h-eak l
Please consider total elimination of commercial logging within the
city of Tigard.
As the new ordinance reads, only after 9 large trees have been
logged for profit from one acre does the "so-called" ban on
commercial logging come in to play and then on an annual basis.
Either ban it or not. I hope that you follow the lead of all the
other cities in our area and ban commercial logging once and for
all. Tigard is a city an urban area. Commercial logging is a
rural activity.
Development will happen, of course; but the new ordinance has
addressed responsible decisions for the community to keep as many
trees as we can.
Over the past few years, so often citizens have spoken to the
council regarding saving "big firs". People have pleaded with the
council to save what is left or at least make an attempt to save as
40 many as possible. Banning commercial logging would be a positive
message from the council to the many citizens who have taken the
time to testify.
As a member of the tree task force (with a perfect attendance
record), and one of the five members who participaf-ed in the
October 4, 1995 meeting, I would like to comment on the memo you
received from Jim Hendryx regarding this meeting. Mr. Hendryx did
not attend this meeting or any of our meetings. The second
paragraph indicates there was no agreement. Some members want the
ordinance to go forward and some want it amended to reflect a lower
number of trees commercial logged (or none). Those who want it to
go forward as is, will not compromise and little was done by Dick
Bewersdorff to negotiate. The Fans of Fanno Creek's suggestion,
a good compromise, was not understood.
As a council member, please totally ban or lower the number of
trees to five or less that can be commercial logged from Tigard
or call another meeting of the Tree Task Force in which more of the
original members can attend and discuss this reasonably.
PLEASE VOTE TO SAVE TREES.
Thank you.
Christy Herr
11386 SW Ironwood Loop
Tigard, Oregon
Staff will be prepared to answer questions
on this decision at the 10/10 Council Meeting
L-J
Decision Issued Date: 9/29/95
Final Appeal Date: 10/11/95
a.
4.) SITE DEVELOPMENT REVIEW (SDR) 95-0+018/ASI-IEROOK CROSSING
A HOMEWOOD MOTEL Q
iffie Tigard Planning Director has APPROVED, SUBJECT TO CONDITIONS (attached), a request for a Site
evelopment Review for a 130 room, Homewood Suites Hotel.
LOCATION: 10700 Block of SW 95th Avenue (WCTM 1S1 35AC, tax lots 2,800, 2,900, 3,000, 3,100 and 3,600.
(Vicinity Map below)
(Plot Plan/Map attached)
Q
N
VICINITY MAp
NOTE: !MAP IS NOT To SCALE
NE: C-P (Commercial Professional). The Professional Commercial zone allows public agency and
4RWinistrative services, public support facilities, professional and administrative services, financial, insurance,
and real estate services, business support services, itinerant lodging, and restaurants, among others.
APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.98, 18.100, 1P.102,
18.106, 18.108, 18.114, 18.116, 18.120 and 18.164. h:Vogin\bg3\patty\wordl9-28-95.m2 (Page 44)
ZONFIC C-•
OAR ~7pEET w= e
IL ZIA
p- 1400 IL3M M
Z0NFIM C-P ZONW r.-f- 2C ~O:R•~S
zw4o A-• 0
I ~ tL roo
ZG~A<O A-+3
'Oyu-1 y. - ..i•_.
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ZOP&M, C-P
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z
z
Z
LL
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1
PLOD' PLAN
EXHIBIT MAP
CASE NO.
SDR 95-0018
i
ASELRCOK CrjCW3 NG/ ECOM
CONDITIONS OF APPROVAL gm ~wv
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE
SATISFIED OR FINANCIALLY SECURED:
1. Standard street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete
pavement, sanitary sewer, and storm drainage shall be installed along the SW Lincoln Street, and its
southerly extension, proposed Ashbrook Way. Improvements shall be designed and constructed to
Minor Street standards and shall conform to the alignment of existing adjacent improvements or to
an alignment approved by the Engineering Department. STAFF CONTACT: Michael Anderson,
Engineering Department.
2. The applicant shall re-construct the driveway into the Lincoln Center parking structure onto the new
portion of SW Lincoln Street at a location to be approved by the City Engineer. The existing
driveway onto SW Oak Street shall be removed and the curb and sidewalk reconstructed to City
standards.
3. The applicant shall submit an application to the City Council for the proposed partial street vacation
of SW 95th Avenue prior to submitting final public works improvement plans for the site. The
proposed vacation shall provide for easements for the existing utilities within the existing right-of-way.
4. Full width street improvements, including traffic control devices, concrete sidewalks, driveway
aprons, curbs, asphaltic concrete pavement, storm drainage, streetlights, and underground utilities
shall be installed along SW 95th Avenue southerly from SW Oak Street to the proposed driveway
entrance to the hotel site. Improvements shall be designed and constructed to commercial street
standards. STAFF CONTACT: Michael Anderson, Engineering Department.
4P 5. Three (3) sets of detailed public improvement plans and profile construction drawings shall be
submitted for preliminary review to the Engineering Department. Seven (7) sets of approved
drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer,
shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings
required by the Building Division and should only include sheets relevant to public improvements.
STAFF CONTACT: John Hagman, Engineering Department.
6. The applicant shall provide a report prepared under the supervision of a Professional Civil Engineer
to verify adequate sight distance at the proposed new street intersection of SW Lincoln Street and
SW Oak Street. STAFF CONTACT: Michael Anderson, Engineering Department.
7. The applicant shall pay the faes as established under the guidelines of Unified Sewerage Agency
Resolution and Order No. 91-47. NOTE: This is a two part fee which is paid at different times. The
first part is paid with any :-aassociated public improvements which is for that portion of the development
which increases the impervious area within the public right-of-way. The second part is paid at
Building Permit issuance which is for each individual lot.
8. A joint use and maintenance agreement shall be executed and recorded on City standard forms for
all common driveways. The agreement shall be referenced on and become part of all applicable
parcel Deeds. The agreement shall be approved by the Engineering Department prior to recording.
STAFF CONTACT: Diane Jelderks, Engineering Department.
7. The applicant shall provide hydrology and hydraulic calculations prepared by a Professional Civil
Engineer for the proposed storm drain system.
8. The applicant shall demonstrate that storm drainage runoff can be discharged into the existing
drainageways without significantly impacting properties downstream.
STAFF CONTACT; Greg Berry, Engineering Department.
9. The applicant shall provide a construction vehicle access and parking plan for approval by the City
Engineer. All construction vehicle parking shall be provided on-site. No construction vehicles or
equipment will be permitted to park on the adjoining residential public streets. Construction vehicles
include the vehicles of any contractor or subcontractor involved in the construction of the site
improvements or buildings proposed by this application, and shall include the vehicles of all suppliers
and employees associated with the project. In addition, construction vehicles shall not use SW 90th
Avenue nor SW 87th Avenue between SW Oak Street and SW Locust Street for access to the
construction site.
10. Revised siteAandscape plans and permits shall be submitted for review and approval. Staff Contact:
Mark Roberts, Planning Division
The revisions shall address the following:
a. Provision of a minimum of one bicycle rack with a minimum of nine bicycle parking space.
The bicycle rack shall be located near or adjoining a main building entrance, preferably
under cover.
b. Obtain a tree removal permit.
C. Prior to issuance of Building Permits the applicant shall provide proof of lot consolidation to
avoid constructing site improvements across the existing property lines.
d. The landscape plan shall be revised to provide either 22 additional five gallon shrubs or 44
one gallon shrubs. The land use buffer must also contain either a row of evergreen shrubs,
a five foot tall minimum fence, or an earthen berm. The landscape and site plans shall also
be revised to provide a minimum of one of these buffer materials
e. Provide a copy of the site plan for review and approval by an authorized franchised hauler.
Pride Disposal's contact Lenny Hing may be reached at 625-6177.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF OCCUPANCY
PERMITS:
11. All site improvements shall be installed and maintained pursuant to the revised site and landscape
. plans. STAFF CONTACT: Mark Roberts, Associate Planner.
12. The extension of SW Lincoln Street shall be fully constructed and operational as determined by the
City Engineer.
Council Agenda Item y. Q o-
I ORANIDUM
CITY OF TIGARID, OREGON
TO: Honorable Mayor and City Council
FROM: Bill Monahan, City Administrator
DATE: October 2, 1995
SUBJECT: COUNCIL CALENDAR, October - December, 1995
Regularly scheduled Council meetings are nai ked with an asterisk If gener ally OK, we can
prayed and mare specific adjustments in the Monthly Council Calendars.
October
*10 Tries Council Meeting - (6:30 p.m.)
Study Session
Business Meeting
11 Weds Council Meeting with Intergovernmental Water Board
to hear Regional Water Presentation
*17 Tues Council Study Meeting - (6:30 p.m.)
*24 Tues Council Meeting - (6:30 p.m.)
Study Session
Business Meeting
26 Thurs Joint Meeting with School Board regarding SB 908 (Growth Planning) -
6:30 p.m. - Tigard Town Hall
November
10 Fri Veteran's Day Holiday - City Offices Closed
*14 Tues Council Meeting - (6:30 p.m.)
Study Session
Business Meeting
*21 Tues Council Study Meeting - (6:30 p.m.)
23- Thurs-
24 Fri ThaWL5 iving Hoiddays - City Offices Closed
*28 Tues Council Meeting - Cancel? - Conflicts
with rational Le gue of Cities Conference
(6:30 p.m.)
Study Session
Business Meeting
Aft *19 Tues Council Study Meeting - (6:30 p.m.)
25 Mon Christmas Holiday - City Offices Closed
*'26 Taes Council Meeting - (6:30 p.ffi.)
Study Session
Business Meeting
[:\login\cathy\cccal
Council Calendar - Inge 2
rftmenda Item No. ~ , b,
(note: Items underlined are associated we fth the Council's Statement of
PrUmIdes or am scheduled to follow-up a Council matter or request.)
Peet Items Due to Administrator 9/28, 5 p.m.
L
1L,_
(Note: Items underlined are associated with the Council's Statement of
Priorities or are scheduled to follow-up a Council matter or request.)
Date: fiber 17, 1995
Type: Wortshop (No 'v)
Start Thee: 6:30 p.m.
Packet Items Due to Administrator 10!5, 5 p.m.
(Mote: Items underlined are associated with the Council's Statement of
Ptioddes or are scheduled to follow-up a Council utter or request.)
Date: October 24, 1995
'type: Business (TV)
Stan "l"ime: 6:30 p.m. Study Meeting
7:30 p.m. Business Meeting
Study Session:
> Agenda Resew
Consent Agenda:
> Approve Council minutes
> Phone System Upgrade (Wayne)
Packet Items Due to Administrator 10®12, 5 p.m.
(Xwote: Items under ed am associated with the Councii's Statement of
0 lrior Ides or are scheduled to follow-up a Council matter or request.)
SPECIAL COUNCIL MEETING
Date: October 260 1995
't'ype: Special - joint Meeting with School 6oardfl®siness (No TV)
Start rn ne: 6:30 p.m. Sped Meedng
Special Meeting Topics:
> Senate Dill 908
> Dudkam Road/79th Avenue Signal
> Building Plan
C
(Note: Its underlined am associated smith the Council's Statement of
Priorities or are scheduled to fbHow-ap a Council matter or request.)
Date: November 14, 1995
'rte: Business (TV)
Start rune: 6:30 p.®. Study Meeting
7:30 p.m. Business Meeting
Study Session:
> Agenda Review
> Utility Billing - delinquent collections and rules and regulations -
(Wayne)
Consent Agenda:
> Approve Council minutes
> Rive and File:
® Council Calendar
0 Tentage Agenda
1 J
2
Date: ' November 21, 1995
Yom: Workshop (No TV)
Start Time: 6:30 p.m.
LJ
E
(Note: Items underlined are asserted with the Cou®eil°s Statement of
'es or are scheduled to fallow-®p a Council matter or request.)
Date: Hover 280 1995
Type: Business (V)
Start 'l'ime: 6:30 p.m. Shady Meeting
7:30 p.m. Business Meeting
Study Session:
> panda Rmlew
Consent Agenda:
> Approve Council minutes
Business Meeting:
Cancel Meeting?
WL,C Conference (11/29-12/3)
r
(Note: Items underlined am associated with the Council's Statement of
40 Priorities or are scheduled to get-up a Council mattes' or request.)
Date: December 12, 199S
'hype: Business (V)
Start rMe.. 6:30 pare. Study Meeting
7:30 p.m. Business ?Meeting
Study Session:
> Agenda Review
Consent Agenda:
> Approve Council minutes
Business Meeting:
> water Rate Stud~► Report (Mayne)
Afflhk > Mcatlon and Compensation Study Recommendations (Sandy)
> Audit Report presentation (joint Meeting with Budget CAnnnflUee) -
(Wayne)
11
(laIote: Items underlined are associated with the Council°s Statement of
Priorities or are scheduled to follow-up a Council ratter or request.)
Date: December 19, 199S
Type: Workshop (No TV)
Start Time: 6:30 p.m.
Workshop MeetiW, Topics:
> CIT Communications
t°.
0
(Note: Items underlined are associated with the Cou®cif's Statement of
Apflbk ! -es er are scheduled to follow-up a Council matter or request.)
Date: December 26, 1995
Type: Business ('V)
Start 'R'ime: 6:30 p.m. Study Meeting
7:30 p.m. Business Meeting
Study Session:
> Agenda Review
Consent Agenda:
> Approve Council minutes
Business Meeting:
> OPEU Contract Negotiations - approval of new contract (Sandy)
C
P.
L-V
f:Vogtn\aatny\tentagen.95
11
AGENDA ITEM # 1413
For Agenda of October 10, 1995
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Library Board Appointment
PREPARED BY: Liz Newton DEPT HEAD OK CITY ADMIN OK
ISSUE BEFORE THE COUNCIL
Appointment to fill a vacancy on the Library Board.
STAFF RECOMMENDATION
Adopt the attached resolution approving the appointment of Shannon Busch to
the Library Board.
INFORMATION SUMMARY
Carl Kostol recently resigned from the Library Board. On August 30, 1995
0 he Mayor's Appointment Advisory Committee met and interviewed citizens
nterested in serving on the Library Board. The Mayor's Appointment
Advisory Committee recommends that Shannon Busch be appointed to fill the
vacancy created by Carl Kostol's resignation.
OTHER ALTERNATIVES CONSIDERED
Delay appointment.
FISCAL NOTES
No impact.
2
Name: Shannon Busch Date: 7/7/95
Address (Res.): 10236 SW Stuart Court. Tigard, OR Res. Phone: 624-2673
Address (Bus.): $88 SW 5th Ave. , #1600, Portland, OR Bus. Phone: 221-1440
Length of Residence in Tigard: 1-1 / 2 years - Suggested by:
Where did you live previously: Portland
Educational Background: B.S. - American Studies - 1976 (Oregon State Univ.)
Occupational Status and Background: Legal Secretary/Assistant, Tonkon, Torp,
C-alen, Marmaduke & Booth, Portland, Oregon
How long have you been employed with this firm: 12¢ years (since March, 1983)
Previous Community Activity,
Member, Roads & Transit
worked on various poll
Volunteer Docent, Metro Washington
Funding Committee, City Club of Po
tical campaigns and fund raising for
Park Zoo (1987-90);
rt_ an (1988-89);
roues
volunteer, SMART (Start Making a Reader Today), 1991-1993
Organizations and Offices:
Other information (General Remarks): I believe the library is a key to holding
communities together and can help give a community an identity. I would like
to help make Tigard's library a continued presence in the community.
Board or Committee Interested in: Library Board
Any other pertinent information you want to share?
AgWA
h:\login\Ilz\atccmin
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
AGENDA ITEM - # Z4, q
ldftk For Agenda of 10/10/95
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA
ISSUE BEFORE THE COUNCIL
Should the City participate in the Washington County Wasteshed Plan to meet
Metro waste reduction goals for Year 6?
STAFF RECOMMENDATION
Participate in Year 6 of the Waste Reduction Plan in conjunction with all
cities within Washington County by approving an intergovernmental agreement
with the County.
INFORMATION SUMMARY
Metro has established a Regional Solid Waste Management Plan which includes
a Waste Reduction Chapter. This plan provides that Metro must establish a
five-year work plan for solid waste reduction and identifies specific
,Vprograms for local governments to implement. The cities and County in
Washington County determined in 1990 that it would be most cost effective to
participate together and adopt an annual work program as the Washington
County Wasteshed. This was done for Years 1 through 5 of the first 5 year
plan. It is now time to adopt the Year 6 work plan for the seconO..5 year
plan (1995-2000).
In the attached, is a summary of the Year 6 tasks and revenue allocations as
well as the intergovernmental agreement with Washington County. As in the
past, under the plan each City will pay to Washington County, as Program
Administrator, the amount identified as that City's share for administrative
cost as allocated under the annual plan from Metro. Tigard's share of the
program costs is $1.4,537 for this fiscal year.
A resolution adopting the intergovernmental agreement with other Washington
County cities and the County is attached.
OTHER ALTERDMJI'VES CONSIDFRRD
e Do not participate in the County-wide program and adopt a plan for the
City of Tigard pursuant to the requirements in ORS Chapters 268 and 459.
FISCAL NOTES
® Funding for the 95-96 work plan is provided by Metro grant monies which
Tigard will pay to Washington County to administer the program.
9V I
AGENDA ITEM #
For Agenda of October 10, 1995
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Extinguishment of an existing sanitary sewer easement in
the proposed Mountain Highlands No. 2 and Wilmington Heights subdivisions
PREPARED BY: R. Wooley DEPT HEAD OK CITY ADMIN OK
ISSUE BEFORE THE COUNCIL
Should existing easements for sanitary sewer be extinguished in the proposed
subdivisions?
STAFF RECOMMENDATION
Approval of the attached resolution authorizing a quit claim deed to
extinguish the existing easements.
INFORMATION SUMMARY
The approved subdivisions of Mountain Highlands No. 2 and Wilmington Heights
10rovided"for the relocation of an existing sanitary sewer line to align with
he new lot lines and street layouts of the new subdivision. The developer
as completed the sewer relocation and is preparing to record the plats of
the new subdivision. The plats will provide new easements for the revised
sewer location.
The developer has requested that the existing easements be extinguished at
the time that the plat is recorded. This will eliminate easements along the
old sewer alignment where the sewer has now been abandoned.
The attached resolution provides for the requested easement extinguishment.
The proposed subdivisions are located on the north side of Bull Mountain
along the extension of Greenfield Drive (south of Benchview Terrace).
OTHER ALTERNATIVES CONSIDERED
FISCAL NOTES
The developer has borne all costs of relocating the sewer and dedicating the
new easements.
AGENDA ITEM
For Agenda of
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
-5
f 9 e B t a--.. 2 Z7
Se.} ovex- -fo loliofg5
ISSUE/AGENDA TITLE License Agreement with property owner of the
Greenfield Village Apartments at 13.5th Ave & Walnut St
PREPARED BY: M.J.A. DEPT HEAD OK CITY ADMIN OK-
ISSUE BEFORE THE COUNCIL
Should the City grant a license to the private property owner of the
Greenfield Apartments to allow the installation of a fence within excess
street right-of-way and City property, adjacent to the apartment site.
-
STAFF RECOMMENDATION
Staff recommends that Council authorize the City Administrator, on behalf of
the City, to enter into the proposed license agreement with Ruth Heldfond to
allow the temporary private use of a portion of 135th Avenue and Tract, F of
Castle Hill No. 2, the water quality pond lot within that subdivision.
INFORMATION SUMMARY
A street dedication in 1986 established a 45 foot half-street width for 135th
Avenue along an alignment which was slightly modified by the LID construction
in 1988 and the subsequent connection of 135th Avenue with the realignment of
--Walnut Street as a part of the Castle Hill No. 2 subdivision. The result of
his change was to create an excess width of right-of-way along the frontage
of the apartment site. This license agreement would allow the construction
of a security fence along 135th Avenue consistent with the new street
alignment.
In addition, the property owner wishes to place the security fence adjacent
to the new Walnut Street, at the top of slope, which would place the fence
within Tract F, a City lot established for the water quality facility for the
Castle Hill subdivision. The fence would be located along the common
property line and not encumber or detract from the intended use of the lot.
OTHER ALTERNATIVES CONSIDERED
1. Vacate the excess portion of 135th Avenue right-of-way adjacent to the
Greenfield Apartments and require the fence to be constructed within
their property.
2. Deny the temporary use of 135th Avenue right-of-way and a portion of
Tract F and require the fence to be constructed within their property.
FISCAL NOTES
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October 4, 1995
To: lane @ Greenfield Village Apartments
12085 SW 135th Avenue
Tigard, OR 97223
From: Cathy Wheatley, Tigard City Recorder
13125 S.W. Flail Blvd., Tigard 97223
Telephone: 639-4171, Ext. 309
Re: Greenfieed Village Apartments - Fence
lane, this is just a brief note to follow up on our
telephone conversation today...
Enclosed is the agenda for October 10. Please see
Agenda Item No. 5, Page 3.
Thank you for agreeing to be available at this
Council meeting. The business meeting will begin at
7:30 p.m. Please give me a call if you have any
questions or concerns!
Enclosure
Agenda Item No. 6
For Agenda of October 1®A 1995
No packet material for Item No. 6
Staff will request Council action to set item over to
October 24, 1995 for consideration of the
Final Order.
rte;
L. tj
AGENDA ITEM #
For Agenda of
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Cable Transfer
October 10, 1995
PREPARED BY: Liz Newton DEPT HEAD OK WVYr CITY ADMIN OK V%04'
ISSUE BEFORE THE COUNCIL
Should the Tigard City Council consent to the transfer of control of Willamette
Cable TV, Inc. from Columbia Cable of Oregon to TCI Cablevision of Oregon?
STAFF RECOMMENDATION
Staff recommends approval of the attached resolution which, if adopted, would
consent to the transfer.
INFORMATION SUMMARY
Attached is information prepared by MACC staff regarding the proposed transfer of
control. The Board of Directors of MACC adopted a resolution on September 2
recommending that its member jurisdictions give their consent to the transfer of
Q ontrol. MACC's legal counsel (O'Donnell, Ramis & Crew) have reviewed and approved
he transfer documents. It is anticipated that the transfer would be effective
sometime in November.
TCI will be bound to the terms of the existing franchise agreement until it expires
in February 1999. In regard to rates, TCI has the opportunity under Columbia's
cost of serving filing to increase rates up about 10% from $23.00 to about $25.00
for basic and expanded basic. TCI has no plans at this time to increase rates.
The rate increase proposed by Columbia is currently under review by the FCC. The
FCC may approve or reduce the rate proposed by Columbia.
In regard to contracts for reduced rates, TCI will continue any contract currently
in operation for the term of the contract based on existing terms. At the
conclusion of any contract, TCI may renegotiate or extend the contract.
Also attached is a resolution which, if adopted, would consent to the transfer of
control from Columbia Cable to TCI.
FISCAL NOTES
No changes.
A C C METROPOLITAN AREA
COMMUNICATIONS COMMISSION
DATE: September 11, 1995
TO: Honorable Mayor, City Cou ilors - City of Tigard
FROM: Bruce Crest, Administrator
RE: CABLE TELEVISION FRANCHISE - REQUEST FOR CONSENT TO
CHANGE CONTROL OF OWNERSHIP
The Board of Directors of the Metropolitan Area Communications Commission (MACC) is
recommending that its member jurisdictions give their consent to the change of control of Willamette
Cable TV, Inc. (Columbia Cable of Oregon) to TCI of Oregon Inc. (TCIO). This recommendation
is made following extensive review by the MACC Board and Staff of TCIO's legal, technical, and
financial capability to operate the system according to the terms and conditions of the franchise
agreement (originally granted in 1982). This packet of information contains a report on the transfer,
other information pertinent to that process, and MACC Resolution #95-8. That resolution is the
Commission's formal recommendation on the consent to transfer to member jurisdictions. This packet
also contains a draft "consent resolution" for your review and action.
We have scheduled some time on your agenda to consider MACC's recommendation and to consider
action consenting to the transfer. Federal law requires that the MACC member jurisdictions act on
this transfer request by October 21, 1995. Upon action by your council/commission, please execute
and return two certified copies of the resolution to the MACY' administrative office.
Feel free to contact me if additional information is required or if you have any questions. Your
MACC Commissioners Ken Scheckla and Liz Newton are also available to answer questions. Thank
you for your consideration of this important issue.
BC:ded
Encl: Report on the Transfer of Control and attachments
e\wpfiles\bruc ransleGwpd
PROVIDING SERVICE SINCE 1980
1815 NW 169TH PLACE, SUITE 6020 • BEAVERTON, ORFGON 97006-4886 - (503) 645-7365 • FAX (503) 645-0999
mill MMNEZ=-M~~z
METROPOLITAN AREA COMMUNICATIONS COMMISSION
REPORT ON THE TRANSFER OF CONTROL
OF WILLAMETTE CABLE TV INC. (COLUMBIA CABLE OF OREGON)
TO TCI CABLEVISIONDF OREGON, INC.
On June 23, 1995 Calvin Broussard, Vice-President of Columbia Associates LP (the current owners
of Willamette Cable TV, dba Columbia Cable of Oregon, hereinafter Columbia) formally announced
the sale of Columbia to TCI Cablevision of Oregon, Inc. (TCIO) whose parent company is TCI
West, a regional holding company and a subsidiary of Tele Communications Inc., Englewood,
Colorado. This announcement was contained in a letter from Columbia which was accompanied by
FCC Forrz 394 formally initiating the transfer process by requesting MACC and the member
jurisdictions to consent to the transfer of the cable television franchise and the change of control of
Columbia. This request was made pursuant to the requirements of the Franchise Agreement and
federal law.
The sale price is $158 million dollars for Columbia's 84,000 subscribers (Columbia purchased the
system for $93 million in 1988 based on 40,000 subscribers). In addition to the MACGColumbia
franchise area, TCIO is also purchasing the Vancouver/Clark County system (about '55,000
subscribers), a small system serving Hayden Island in Portland, and several small systems in the State
of Nevada (the total price for all these properties including the MACC system is about $300 million).
Columbia earlier sold its Virginia system to Jones Intercable, and its Ann Arbor system to Continental
Cable. Final closure of all the above transactions is scheduled for around the 1st of November 1995
at which time TCIO will actually begin operating the MACC system. Upon acquisition in November
1995 Columbia's local name will be changed to TCI of Tualatin Valley.
The MACC Board, in accordance with federal law, investigated TCIO's legal, technical, and financial
qualifications to operate the system and made a recommendation to the member jurisdictions in the
form of Resolution 95-8 (see copy Exhibit A). To that end the Board, through its staff, made the
following investigations:
Developed a "Request for Qualifications" questionnaire to seek detalled information about TCIO.
Their response to the RFQ was received and analyzed by Staff and Commissioners. In addition,
the MACC Staff reviewed TCIO's (TCI Nest's) 10-year financial pro forma to determine their
fumicial ability to operate the system and to meet the requirements of the franchise. A report and
their findings was reviewed by the Board at their meeting of September 6, 1995.
► Worked cooperatively in the investigation with the City of Portland and Vancouver/Clark County,
Washington who oversee other Columbia franchises being acquired by TCIO.
► Heard from representatives of TCIO regarding the prospective buyer's legal, technical, and
financial qualifications, and knowledge of, as well as their willingness to comply with, the terms
and conditions of the Franchise Aunt at a joint meeting of staff representatives to Portland,
Vancouver/Clark County, and M..,kCC on July 26, 1995.
2
Report on Transfer of Ownership
Paee 2
► Held a televised public hearing and heard testimony at a special meeting on August 2, 1995. Tlie
official record of that hearing was left open for additional public comment and testimony was
taken prior to the September 6, 1995, MACC Board's consideration of a recommendation to
jurisdictions (see "Frequently asked questions about TC11Colw b1a Cable sale," enclosed as
Exhibit B).
► At a special MACC Board meeting on September 6, 1995 Resolution 95-08 was passed
recommending approval of the transfer/change of control to member jurisdictions.
SCOPE OF INVESTIGATION
The scope of MACC's investigation of TCIO's purchase of Columbia is limited by federal law to a
review of the purchaser's legal, technical, and financial qualifications to own the system. Once an
FCC Form 394 is received requesting a transfer the franchising authority (MACC and the 16 member
jurisdictions) have 120 days (in this case until October 21, 1995) to determine whether the transfer
should be approved or denied. A franchising authority must make a substantial show'ng in order to
' ,s ' d= W of a tran If a franchising authority does not act on a request for transfer within the
120 days time period, the transfer is approved by default.
MW
LEGAL ISSUES
The MACC Board found that TCIO met the legal qualifications to assume ownership of Columbia
as contained in the Federal Cable Communications Policy Act of 1984, the Cable Act of 1992, as well
as the MACC Franchise Agreement.
TCIO also agreed to assume all the rights, deities, and responsibilities of Columbia pursuant to the
Franchise Agreement including the original Storer-Metro proposal as incorporated by reference.
They further agreed to perform all legal obligations and responsibilities of the agreement as amended.
These assurances are all contained in a Guarantee from TCIO (see Exhibit A of Resolution 95-8).
TECHNICAL ISSUES
TCIO whose parent company is TCI, the largest cable operator in the US, has extensive cable
holdings in the Pacific Northwest. As part of the larger TCI organization TCIO has available to it
on, of the most progressive and innovative engineering/technical staffs in the country. In addition,
TCIO has indicated they plan to retain the local Columbia staff including the technical staff who are
most Familiar with the cable system, especially the Public Communications Network (PCN). Harlan
Cook, formerly the Operations Manager for Colum1ma, recently joined the TCI Western Division Staff
to coordinate TCrs regional efforts in telecommunications. Based on this information and our past
knowledge of TCI-owned systems, the MACC Board feels TCIO has the technical qualifications to
operate the Columbia system and to meet the requirements of the current franchise agreement.
(FINANCIAL ISSUES
The staff spent much of their investigative time reviewing the financial qualifications of TCIO to own
Report on Transfer of Ownership
Page 3
and operate the cable system. After a preliminary review of the transaction it was decided to
perform the financial investigation inhouse. Use of outside cable financial assistance was reserved
should any irregularity or issue be discovered that we felt went beyond staff expertise. In the end
outside assistance was not used. A similar decision was made by our counterparts in
Vancouver/Clark County who enlisted the aid of the Clark County Auditor's Office for financial
review.
Our investigation involved requests for, and an examination of, extensive pro forma financial
information, questions from staff, and review of our own extensive file information on Columbia.
Based on our investigation we determined that TCIO can meet the financial requirements of the
franchise and therefore has the financial qualifications to own-and operate the system. .
CONCLUSIONS
The MACC Board and Staff have thoroughly investigated the proposed transfer of ownership of
Columbia to TCIO and have reached the following conclusions:
MACC, based upon the evidence presented and its own research and investigation, is of the
opinion that TCIO (a subsidiary of TCI West) possesses the legal, technical, and financial
qualifications to operate the cable television system and to meet the terms and conditions of the
Franchise Agreement as amended; and
MACC, based upon the testimony of and the information provided by TCIO, is of the opinion that
TCIO is fully aware of the terms and conditions of the Franchise Agreement as amended, and has
agreed that they will operate the system in compliance with these terms and conditions.
MACC RECOMMENDATION
Pass the proposed resolution consenting to the transfer of control of Willamette Cable TV (Columbia
Cable) to TCI of Oregon Inc.
Enclosures:
► Exhibit A - MACC Resolution 95-5
Exhibit B - "Frequently asked questions about TCI/Columbia Cable sale"
e\"rliles bruce\nWeer.tci~tr= pLwpd
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EXHIBIT A
METROPOLITAN AREA COMMUNICATIONS COMMISSION
RESOLUTION 95-8
A RESOLUTION RECOMMENDING TO THE 'MEMBER JURISDICTIONS OF THE METROPOLITAN AREA
COMMUNICATIONS COMMISSION THAT THEY CONSENT TO THE TRANSFER OF CONTROL OF WILLAMETTE
CABLE TV, INC. FROM COLUMBIA CABLE OF OREGON TO TCI CABLEVISION OF OREGON.
WHEREAS, in 1982, the member jurisdictions of the Metropolitan Area Communications Commission (MACC) entered
into a Cable Communication System Franchise Agreement (Franchise Agreement) with Storer Metro Communications,
Inc. (Storer); and
WHEREAS, in 1986, the members of MACC approved the transfer of the cable television franchise from Storer to Tidel
Communications, Inc., (Tidel), and authorized Tidel's assignment of franchise operation to. Willamette Cable TV, Inc.
(Willamette), a corporation wholly owned at that time by Tidel; and
WHEREAS, in 1988, the members of MACC approved an amendment to the Franchise Agreement, approved the
transfer of the franchise from Tidel to Willamette, and further approved a transfer of control of Willamette, whereby
Willamette became wholly owned by Columbia Cable of Oregon, a Delaware general partnership (Columbia); and
WHEREAS, the Franchise Agreement and the amendments thereto listed on Attachments i and2and the additional
agreements listed on Attachments 1 and 2 a referred to herein as the "Franchise Agreement"
WHEREAS, pursuant to Section 3.5 and Section 3.6 of the Franchise Agreement, Willamette has requested the
member jurisdictions' consent to the transfer of control of Willamette, whereby Willamette would become wholly owned
by TCIO and upon consummation of the transaction, Willamette is expected to change its name to TCI of Tualatin
Valley, Inc.; and
WHEREAS, Willamette and TCIO have requested the consent of the MACC member jurisdictions to the transfer of
control of Willamette by filing a Federal Communications Commission (FCC) Form 394 dated June 23, 1995 with MACC
and each member jurisdiction; and
WHEREAS, federal law establishes a procedure for local authorities to review requests for transfer of control of the
able television franchise and assess the legal, technical, and financial ability of the transferee to operate the franchise
under the terms and conditions of the Franchise Agreement; and
WHEREAS, MACC Staff has reviewed the FCC Form 394 and has requested ce!tain additional information from TCiO
to assess its legal, technical, and financial qualifications; and
WHEREAS, MACC Staff has review..'d the information presented by TCIO and has interviewed officials of TCIO
regarding its legal, technical, and financial qualifications; and
WHEREAS, MACC held a televised public hearing on the 2nd day of August, 1995 and at that hearing received
testimony from William Tierney of TCIO in support of the transfer request, and MACC further received public testimony
in person and via live telephone connection, and MACC continued the public hearing to the 6th day of September, 1995
to receive further testimony for the record; and
a
Resolution 95-8 - Page 2
WHEREAS, the consent of MACC and the member jurisdictions shall be conditioned upon the receipt by MACC a
effectiveness of a Guarantee from TCIO, a copy of which Is attached hereto as Exhibit A, wherein TCIO agrees, subjecMV
to the terms and conditions set forth therein, that from and after the dosing date (the "Closing Date's of the
Supplemental Agreement dated as of June 20,1995, TCIO will guarantee the franchise obligations of Willamette; and
WHEREAS, as of the date of this resolution, MACC and the member jurisdictions are not aware of any breach of the
Franchise that would result in a termination of the' Franchise, and as of the date of this resolution, Columbia is in
compliance with the terms and conditions of the Franchise to the best knowledge of MACC and the member
jurisdictions; arid
WHEREAS, the Franchise Agreement as described on Attachments 1 and 2 expires on February 10, 1999 and, to the
best of MACC's knowledge represents the entire understanding of MACC, the member jurisdictions and Willamette,
and furthermore, to the best of MACC's knowledge, Willamette has made no commitments and owes no obligations
to MACC or any of the member jurisdictions other than those specifically stated in the Franchise Agreement as
described on Attachments 1 and 2; and
WHEREAS, MACC has considered all testimony offered by the public as well as by representatives of TCIO;
NOW, THEREFORE, BE IT RESOLVED BY MACC that:
A. MACC, based upon the evidence presented and its own research, is.of the opinion that Willamette, were it to
become a corporation wholly owned by TCIO, would possess the legal, technical, and financial qualifications to
operate the cable television system under the terms and conditions of the Franchise Agreement.
.
B. MACC, based upon the testimony of William Tierrey and the information provided by TCIO, including the pledged"',
made in the Guarantee by TCIO, is of the opinion that TCIO is fully aware of the terms and conditions of the
Franchise Agreement, and has agreed that Willamette will continue to. operate the system in compliance with those
terms and conditions.
C. MACC recommends to the member jurisdictions that they concur with its findings and consent to the transfer of
control of Willamette from Columbia to TCIO.
D. The member jurisdictions' consent to the transfer of control of Willamette on the Closing Date shall become effective
upon MACC's formal determination that all member jurisdictions have so consented, and upon MACC's receipt and
effectiveness of the signed and notarized Guarantee.
ADOPTED BY THE BOARD OF COMMISSIONERS OF THE METROPOLITAN AREA COMMUNICATIONS
COMMISSION this 6th day of September, 1995.
Larry Hatch, Chair
Encl: Guarantee with attachments
601admndocs\reso1utn195.8
'r
ATTACHMENT4
CITY OF -.OREGON
L; J
RESOLUTION NO.
A RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF
WILLAMETTE CABLE TV INC. FROM COLUMBIA CABLE OF OREGON TOTCI
CABLEVISION OF OREGON
WHEREAS, the City of
Commission; and
is a member of the Metropolitan Area Communications
WHEREAS, in 1982, the member jurisdictions of the Metropolitan Area Communications Commission
(MACC) entered into a Cable Communication System Franchise Agreement (Franchise Agreement) with
Storer Metro Communications, Inc. (Storer) to operate a cable television system which includes service
to citizens of the City of ; and
WHEREAS, in 1986, the members of MACC approved the transfer of the cable television franchise from
Storer to Tidel Communications, Inc., (Tidel), and authorized Tidel's assignment of franchise operation
to Willamette Cable TV, Inc. (Willamette), a corporation wholly owned at that time by Tidel; and
WHEREAS, in 1988, the members of MACC approved an amendment to the Franchise Agreement,
approved a transfer of the franchise from Tidel to Willamette, and further approved a transfer of control
of Willamette, whereby Willamette became wholly owned by Columbia Cable of Oregon, a Delaware
general partnership (Columbia); and
Aft WHEREAS, the Franchise Agreement and the amendments thereto listed on Attachments 1 and 2 and
the additional agreements listed on Attachments 1 and 2 are referred to herein as the "Franchise
Agreement;" and
WHEREAS, pursuant to Section 3.5 and Section 3.6 of the Franchise Agreement, Willamette has
requested the member jurisdictions' consent to the transfer control of Willamette, whereby Willamette
would become wholly owned by TCIO and upon consummation of the transaction (the date can which the
transaction is consummated being referred to herein as the "Closing Date"), Willamette is expected to
change its name. to TCI of Tualatin Valley, Inc; and
WHEREAS, Willamette and TCIO have requested the consent of the MACC member jurisdictions to the
transfer of control of Willamette. by filing a Federal Communications Commission (FCC) Form 394 with
MACC and each member jurisdiction; and
WHEREAS, federal law establishes a procedure for local authorities to review requests for transfer of
control of the cable television franchise and assess the legal, technical, and financial ability of the
transferee to operate the franchise under the terms and conditions of the Franchise Agreement; and
WHEREAS, MACC Staff has reviewed the FCC Form 394 and has requested certain additional
information of TCIO and has determined that TCIO has the legal, .technical and financial qualifications
to operate the cable system according to the terms and conditions of the Franchise Agreement, and by
adoption of MACC Resolution 95-8, attached as Exhibit "A" and incorporated herein by this reference,
recommended to its member jurisdictions that they consent to the transfer of control of Wiliam de; and
n
U
Resolution - City of
Page 2 Alk
WHEREAS, the consent of the MACC member jurisdictions shall be conditioned upon the receipt by
MACC of a Guarantee from TCIO In the form attached to MACC Resolution 95-8 wherein TCIO will
guarantee performance of the franchise obligations of Willamette; and
WHEREAS, as of the date of this resolution, this member jurisdiction is not aware of any breach of the
Franchise that would result in a termination of the Franchise, and as of the date of this resolution,
Columbia is in compliance with the terms and conditions of the Franchise to the best knowledge of this
member jurisdiction; and
WHEREAS, the Franchise Agreement as described on Attachments 1 and 2 expires on February 10,
1999 and to the best knowledge of this MACC member jurisdiction represents the entire understanding
of MACC, the member jurisdictions, and Willamette and, furthermore, to the best knowledge of this MACC
member jurisdiction, Willamette has made no commitments and owes no obligations to this member
jurisdiction other than those specifically stated in the Franchise Agreement as described on Attachments
1 and 2; and
WHEREAS, the City Council deems it to be in the furtherance of the public interest and welfare of its
citizens to consent to the transfer of control of Willamette;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
that:
A. The City of by consents to the transfer of control of Willamette Cable TV, Inc. on
the Closing Date whereby Willamette would become a corporation wholly owned by TCI Cablevision
of Oregon. Ask
B. This consent is contingent upon the unanimous consent of the MACC member jurisdictions to the
transfer and upon MACC's receipt of the Guarantee.
C. The Mayor/City Manager is authorized to file an executed true and correct copy of this resolution with
MACC.
INTRODUCED AND ADOPTED this day of . 1995.
Mayor/City Manager
City of
ATTEST
51\wpdata\wpdata\resolutn\modelres.td
EXHIBIT B
FREQUENTLY ASKED QUESTIONS ABOUT
TCI/COLUMBIA CABLE SALE
Paraphrased from TCI public responses
and other public information
Will rates change under TCI ownership?
TCI officials cite federal rate regulation rules and indicate it is too
early to tell exactly how those rules would apply. Columbia Cable
has made a filing with MACC and the Federal Communications
Commission that would allow it to increase its current rates by two
dollars per month.
However, TCI could implement the rates Columbia's filing allows
nenrlina F(C approval, or it may wait s intil the FCC makes a decision.
In other local systems, TCI rates are based on the maximum allowed
under law. Unregulated services such as HBO and Showtime cost
less at Columbia than TCI, and will likely be raised to the TCI
standard.
Will channels change when TCI takes over Columbia Cable?
Again, TCI officials say it is too soon to know what changes may take
place. T CI does have a policy of standardizing channels throughout
the metropolitan area.
What personnel changes are expected at Columbia Cable?
TCI plans to make no changes at Columbia. All Columbia personnel
will be offered identical or similar jobs within the TCI structure.
Columbia's General Manager Frank Settle is expected to retire later
this year. TCI Cablevision of Oregon General Manager Bill Tierney
will be in charge of all metropolitan area TCI systems.
Will TCI maintain a local office?
Yes. TCI officials say the number of subscribers it will have requires
them to maintain current s -aff, and they will use the current location.
Future plans may have them combining office space in the area.
Will TCl improve the current Columbia system (more channels, other services)?
TCI has no plans to upgrade the current system. Discussions about ASK
upgrades may take place during franchise renegotiations. In the
future, additional services may be more likely under TCI because of
its substantially larger resource and information base.
When will people notice changes in their bills, trucks, etc.?
The sale is expected to close sometime in November, with changes
made to billing stock, truck and shirt design and other typical
corporate symbols changed when practical.
Will `rci fulfill all terms of the current Columbia/MACC Franchise?
Yes. TCI ~,Jll sign a letter pledging its support of Franchise
provisions before MACC recommends the transfer. Public Access
provisions (for Tualatin Valley Community Access [TVCA]) and the
Public Communications Network (PCN) will continue to be supported
by TCI.
The MACC Franchise expires in 1999. Renewal negotiations between
MACC and TCI may affect these and other portions of the franchise.
What is the time line for MACC and jurisdictional consideration of the sale?
MACC and each of its sixteen member jurisdictions have until
October 21, 1995 to either approve or deny the transfer of the
Columbia system to TCI. If they fail to act by that date, the sale
could be approved by default.
What criteria may MACC use to determine whether to approve or deny the sale?
MACC is constrained by federal law to an examination of TCI`s
financial, legal and technical ability to operate the Columbia system
to franchise standards. MACC and the jurisdictions may disapprove
the transfer if it finds substantial evidence that TCI cannot or will not
run the cable system within the terms of the franchise.
How big is this deal?
TCI currently serves about 80,000 subscribers locally. The
Columbia/Oregon system will add an additional 85,000 subscribers
and the Columbia/Washington system will add 55,000. This will
make TCI by far the largest cable provider in the area and in Oregon.
TRNQ&A1.DOC
ATTACHMENT 3
U
MACC Member Jurisdictions/Franchise Authorities
COMMUNITY SERVED
BANKS
BEAVERTON
CORNELIUS
DURHAM
FOREST GROVE
GASTON
HILLSBORO
KING CITY
LAKE OSWEGO
NORTH PLAINS
RIVER GROVE
SHERWOOD
TIGARD
TUALATIN
UNINCORP.
WASHINGTON COUNTY
WILSONVILLE
COMMUNITY UNIT NO.
OR0325
OR0283
OR0318
OR0326
OR0289
OR0442
OR0290
OR0317
OR0064 (In Clackamas County)
OR0304 (In Washington County)
OR0341
OR0330
OR0327
OR0288
OR0328
OR0333
OR0242 (Aloha-Reedville)
OR0331 (Clackamas County)
OR0332 (In Washington County)
AGENDA ITEM #
For Agenda of October 10, 1995
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Proposed ordinance to establish a Building Appeals Board
and declaring an emergency.
PREPARED BY: David Scott DEPT HEAD OK
TY ADMIN OK
Should the Council adopt the proposed ordinance establishing a Building
Appeals Board.
STAFF RECOMMENDATION
Adopt the proposed ordinance.
INFORMATION SUMMARY
Both Oregon State and Administrative Rule provide for a local appeals board
o hear and determine appeals of orders, decisions and determinations of the
%Building official. Currently, the City of Tigard does not have such a board.
Therefore, all such appeals must be made to the appropriate state board.
This process adds time to the determination of an appeal because state staff
must be brought up to speed on the issues in the appeal. The lack of a local
appeals board also takes away some of the local control we enjoy as a "full-
service" building regulatory program.
To maintain local control and to provide for a more expeditious review of any
appeals, it is proposed to create a Building Appeals Board. If the proposed
ordinance is adopted, members would need to be appointed by the Mayor and
regulations for the board's governance and procedures would need to be
established by the board at its first meeting.
OTHER ALTERNATIVES CONSIDERED
Continue to operate without a local board. This is not desirable because any
appeals must be heard by a state board.
FISCAL NOTES
There will be very minor costs associated with providing public notice of
board meetings. It is anticipated that the board will not meet frequently.
ISSUE BEFORE`THE COUNCIL
CIT OF TIGARD, OREGON
ORDINANC O. 95-
Cf d vp4ec o'o
Cis a i
C-P_jax'JVZd_ (1.,e.,
us& Vj
t of to lq . (_1.L0VAtL,4,
AN ORDINANCE AMENDING TITLE 2 OF THE MUNICIPAL CODE TO ESTABLISH A
BUILDING APPEALS BOARD AND DECLARING AN EMERGENCY.
WHEREAS, ORS 455.020(4) enables municipalities to enact regulations
prov-2 -I lg for ivcaa! admin-l atratio^. of the state build1n. ^nri° NnA
JLU.L
local appeals board; and
WHEREAS, the City Council finds that a building appeals board shall be
established as required by state codes adopted pursuant to Section
14.04.030; and
WHEREAS, the City Council finds that creation of such a board is
immediately needed to ensure the public peace, health, and safety of the
citizens of Tigard; now, therefore;
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Title 2 of the Tigard Municipal Cods is amended by adding
Chapter 2.09 Building Appeals Board as follows:
Chapter 2.09 Building Appeals Board.
2.09.010 Purpose
2.09.020 Appointment--Membership
2.09.030 Qualifications
2.09.040 Board removal
2.09.050 Vacancy
2.09.060 Election of officers
2.09.0:0 Maetings--Quorum--Voting
2.09.080 Board member conflict of interest
2.09.090 Disclosure of prehearing contact
2.09.100 Powers and duties of board
2.09.110 Rules and procedures
2.09.010 Purpose.
The purpose of the Tigard building appeals board is to hear and
decide appeals of orders, decisions or determinations made by the
building official relative to the application of the Tigard Building
Code.
2 .09.020 Appointment--Membership.
The board shall consist of seven members who are not council
members, officers or employees of the city. The members of the board
shall be appointed by the mayor, subject to confirmation by the council,
for a term of four years, and shall serve at the pleasure of the mayor
ORDINANCE No. 95-
Page 1
and council. The Building Official shall be an ex-officio member and
shall act as secretary to the board but shall have no vote on any matter
before the board.
AM,
2.09.030 Oualifications.
The membership shall include:
A. one individual representing the general public;
B. one individual representing the Oregon Disabilities
Commission;
C. the Fire Marshal or designee of the Tualatin Valley Fire and
Rescue District;
D. one licensed general contractor actively engaged in the
building business;
E. one architect, registered under state law;
F. one professional engineer, registered under state law and
competent in matters of structural engineering; and
G. one building official in the active employment of an Oregon
municipality.
2.09.040 Board removal.
A board member may be removed by the appointing authority, after
hearing, for misconduct or nonperformance of duty.
2.09.050 Vacancy.
Any vacancy in the board shall ne filled by the appointing
40 authority for the unexpired portion of the term of the predecessor in
the office.
2.09.060 Election of officers.
The board, at its first meeting in each fiscal year, shall elect a
chairperson and vice-chairperson,, who shall serve at the pleasure of the
board. The chairperson and vice-chairperson shall be voting members of
the board. The vice-chairperson shall preside in the absence of the
chairperson.
2.09.070 Meetings--Quorum--Voting.
The board shall meet as necessary. Four members constitute a
quorum. All decisions of the board shall be by a majority vote of those
members present and voting. Any item shall be deemed not to pass when
there is lack of majority vote.
2.09.080 Board member conflict of interest.
A member of the board shall not participate in any board proceeding
or action in which that member has a personal or pecuniary interest.
Any actual or potential interest shall be disclosed at the meeting of
the board where the action is being taken.
2.09.090 Disclosure of prehearing contact.
40 ORDINANCE No. 957
Page 2
A member of the board shall disclose to the board, prior to any
proceeding of the board, any prehearing or ex parte contacts with the
applicant, or applicant's officers, agents, or employees. A member of
® the board shall disqualify himself or herself or be disqualified by the
remaining members of the board, when it appears that the impartiality or
objectivity of any member has been compromised by prehearing or ex parte
contact.
2.09.100 Powers and duties of board.
A. The board shall have the authority to hear and decide appeals
of orders, decisions or determinations made by the Building
Official relative to the application of the Tigard Building
Code. The board shall have no authority relative to
interpretation of the administrative provisions of this code
nor shall the board be empowered to waive requirements of this
code.
B. In granting any appeal, wherein the requirements of the Tigard
Building Code are modified, the board shall first find that a
special individual reason makes compliance with the strict
letter of the code impractical and that the modification is in
conformance with the intent and purpose of this code and that
such modification does not lessen any fire-protection
requirements or any degree of structural integrity.
C. In granting any appeal wherein an alternate material or method
of construction not specifically prescribed by the code is
approved, the board shall f irst f ind that the proposed design,
material, method, or work offered is, for the purpose
intended, at least -the equivalent of that prescribed by the
code in suitability, strength, effectiveness, fire resistance,
durability, safety and sanitation. The board shall require
that sufficient evidence or proof be submitted to substantiate
any claims that may be made regarding such alternates.
D. The details of any board action, with accompanying findings,
shall be entered into the record for the property in question.
2.09.110 Rules and procedures.
The board shall establish such rules and regulations for its
governance and procedure consistent with the laws of the state and the
ordinances of the city.
L=J
ORDINANCE No: 95-
Page 3
SECTION 2: Emergency
The City Council finds that it is necessary to establish a building
anneals board with the least possible delay pursuant to the requirements
Awh of the state codes adopted by Section 14.04.030. Therefore, an
emergency is declared to exist, and this ordinance shall become
effective immediately upon passage and approval of the city council.
PASSED: By vote of all Council members present
after being read by number and title only, this r day
of , 1995.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this day of
1995.
A,
James Nicoli, Mayor
Approved as to form:
City Attorney
Date
u;\logirXdavid\anobrd.ord
ORDINANCE No..95-
Page 4
--:Ck4--n 11-
To: Bill, JimH, David
Subject: Building Appeals Board on Tonight's Agenda
Date sent: Tue, 10 Oct 1955 10:50:36
Mr. Ron Anderson called today from the Independant Electrical
Contractors of Oregon. (Telephone No. 598-7789)
Mr. Anderson advised that he supports the idea of an appeals board.
However, he suggests that when an appeal is filed on electrical
design or interpretation of the electrical code, that someone from the
industry also serve. an the hoard _ or is advienrv fn the hoard- HP
suggested this might be a good idea to have someone available in
other areas of specific expertise, depending on the subject of the
appeal (Le, plumbing code...).
He offered that someone from the Electrical Contractors of Oregon
would be willing to assist with electrical issues.
Mr. Anderson is unable to attend the meeting tonight but wanted this
information to be considered at the Council meeting.
AML
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11
Agenda Item No. 9
For Agenda of October 10, 190'5
No packet material for Item No. 9
Transporation Issues Update for
the 158217 Subarea Plan Recommendation and the Status of the
Western Bypass will be an Oral Report to Council
C
SERVICE SE' S
Police Department
(Note: information would take approximately 2 weeks to compile because of reliance on
a.a.. inn in wwnvriiin nn.nn nP fl.n ~n+inNw.. Ti.w s,..+i.-ai....
ULLldllUV rgvuvavo Yv ysavvaaav pvauv COIL Yuv AYaYtoYtVO. tuv 84A1di7411ii~ Will llt7 I:UlilPuuu
annually prior to formulating a proposal to the Budget Committee for the next fiscal
year's budget.)
Dally Services
® Emergency and non-emergency criminal calls for services: If the response time
to emergencies exceed 6 minutes, or if the non-emergency response time exceeds
20 minutes as an average, that would trigger an internal review regarding our
operations.
® Records report processing time: If the time for the processing period (from time
a report is submitted to Records to the time it is fully processed) exceeds 3
working days, a review of process and procedure would be initiated daily.
Long-Ranze Services
® Total Part I and Part Il Crimes: If either of these categories increase greater than
4 percent from one reporting period to the next, staff would review operating
procedures and policies.
® Total Calls for service: Monitor the accumulation of the criminal, non-criminal,
civil and public assist calls that the Department responds to annually. If this
fib. *e incre es mvre t" . Yii I/VLY'IV9rt iu r°vyviNYxu_ *wr°„ix1°i fra°r.~.ac°i, °v V~wiW r°vV....
our operating policies and procedures.
® Reported Accidents: If, during any review time frame, the total number of reported
accidents to the Department increase by 4 percent, the Department will review
policies and internal operating procedures.
® Case Clearance Rate: Any decrease greater than 5 percent of the total case
clearance would necessitate a review of investigative policies and procedures.
AM. Page 1
SERVICE STS S
Library:
Daily Services
Library materials will be checked in and reshelved for use by the public within 24
hours of return.
® New materials will be received, cataloged, processed, and made shelf-ready within
one week.
® The wait for customer service at the Reference Desk or Check-Out Desk will not
exceed five minutes when these desks are fully staffed.
w The wait for access to the public library catalog computers and information
workstations will not exceed five minutes.
Y.nnce.ltanoe cervices
® The Library will meet or exceed the Oregon Library Association's minimum service
standards for libraries with a service populate of 45,000 in the following areas:
Standard
TPL Cament
Collection size 90,000 items
93,000 items
Subscriptions 328
580
Hours of service 65Iwk
65/wk
Staff 22
22.5
Public use area 14,000 sq. ft
9,912.5 sq. ft.
fteludes collection space, readlnelstudy space,
program aroa, meeting room, restrooms)
Page 2
SERVICE sT3
Maintenance Services Department
niny Services
• Intergovernmental Water Board Agendas will be mailed to members at least one
week in advance of each meeting. Members will have materials relating to
agenda items no later than 48 hours before the meeting.
a Emergency situations (i.e., water break, windlwinter storm, storm water incident,
sewer surcharges, etc.):
Within normal working hours, City staff on site within 15 minutes of
notification.
After normal working hours, City staff on site within 45 minutes of
notification.
® Respond to citizen inquiries within 24 hours.
® Read one-half of customer meters monthly. Weekly reads completed by 4 p.m. on
Weds. for billing to process.
Customer-purchased water meters will be installed within seven working days of
notification that site requirements are met.
® Water, sanitary sewer, and storm sewer lines will be located within 48 hours of
notification.
® Park facilities (restrooms, trash pick-up, etc.) will be cleaned daily from June 1
through September 15.
Long-Ranire Services
® Annually TV Inspectlclean 15,000 lineal feet of sanitary sewer lines and 12,000
lineal feet of stormwater lines within the City to meet Unified Sewerage Agency
standards.
o During FY 95-96, complete 17 miles of crack sealing on City streets.
Page 3
'Aft
Maintenance Services Department (continued):
® Assist in desiLmated COmmunitg AgAntq in A mannnor that nY-n.nn*aa P^nA -All
i.....,..,..,~ F,.,.,~
between the City and community.
® Patch City streets an average of at least one day (24 person hours) per week on
an annual basis (270 t®m3 of asphalt).
0 Page 4
SERVICE STANDARDS
Community Development
Daily Services
Building Department and Development Services Team (
DST):
® Preliminary Plan Review by DST
> Commercial and Residential - New
34 work days
> Commercial and Residential - Tenant
Improvement or Addition
2 - 2 112 work days
® Building Plan Review by Residential/Commercial Plans Examiner(s)
> Single Family
2 week average minimum
> New/Additions Commercial
Approximately 4 weeks for
_
review and subsequent Plan
Review Letter (large or
complicated project
applications may take
approximately 6 weeks)
> Commercial Alterations
1-3 weeks for a Plan Review
Letter
Note: Completion of the Plan Review process depends upon
timelinesslaccuracy of applicant's response to the Plan Review Letter.
staff turn-around on resubmittals varies from same day to 2 weeks,
depending upon the complexity of the job and quality of the submittal.
Page 5
SERY CE STANDARDS
Community Development (Continued):
® Post Plan Review by DST
> Commercial and Residential - New 3 - 4 work. days
> Commercial and Residential - Tenant
Improvement or Addition 2 - 2 112 working days
Note: Post Plan Review standards also depend upon applicant's compliance
with all required conditions of approval for permits attached to land use
cases.
Daily Services
a Building Inspection by Inspectors
> Inspection request received by S a.m. on the Inspection Request Line will
be performed the same day.
AM, ® Phone Information Dissemination by DST
> Based on the inquiry the caller's request will be handled on line.
(Examples of this: map and tag lot number, question on process for
building, engineering and planning, business tax inquiries, park reservation
process, council agendas, etc.)
> Inquh-y requiring calculations, depending on customers' needs and select
one of the following:
1. Provide reference materials (mail or fax) so customer can determine
or
2. Return call with information upon completion of calculations or
3. Make appointment with customer.
> Inquiry requiring research (i.e., building plans for a finaled project,
addressing for a new projecty Return call upon completion of project
research. (Exception: Sewer locates require customer to come to the front
counter.)
Page 6
SERVICE STANDARDS
Community Development (Continued):
> DSO' phone will be staffed from 8 a.m. to 5 p.m. and equipped with a
VoiceMail bog to handle overflow calls. Messages on VoiceMail will be
handled according to a the Return Cail StandaW below.
> Return Call Standard:
® Calls received between 8 a.m. and noon will be returned by 5 p.m.
the same business day.
® Calls received between noon and 5 p.m. will be returned by noon the
next business day.
> Counter service: Maximum wait time is 20 minutes in times of extreme
volume or limited coverage. Average wait is 2.9 minutes. If customer wait
time exceeds 20 minutes, the DST on phone duty can be asked to provide
temporary back up. In extreme cases, the Community Development or
Engineering clerical staff may be called upon to assist.
> Service time transaction general guidelines for completion:
Permit Issuing 5 - 15 minutes
Sewer Locates 30 - 45 minutes
Building Plan Copies 20 - 30 minutes
• Land Use 15 - 30 minutes
Current Planning (Time frames do not include call up Or appeals. Time frames partially
dependent on Hearing Body schedule and project complexity.
® Administrative Review - Director's Decisions
Site Development Review 6-8 weeks
VariancelLot Line Adjustment 2.3 weeks
® Hearings Review
Subdivision/Conditional Use 6.8 weeks
Planning Commission (Zone Change) 6.8 weeks
Planning Commission/City Council
(Comprehensive Plan Amendment) 3-4 months
Page 7
TJ (8, 441 11,11A I
M
Community Development (Continued):
Len~•Ranae Serva4cp
Advanced Plannine
>S
1995 Goals and Objectives:
Comprehensive Planning: Work with city neighborhood groups to review and
define City vision, maintain compliance with DLCD, Metro and Tigard goals;
complete revisions of transportation, annexation; review land use; work with Metro
on 2040
* Special Projects: Significant trees; land-use review; urban design.
® Transportation: Complete transportation systems plan; 99W study; assist in
development of Regional Transportation Plan.
® Growth Management: Develop Urban Services Agreements; annexation plan; school
capacity study.
® Information: Maintain GIS data coverage for parcel, streets and zoning, and
develop new coverage; implement ARC-View; complete Tigard Triangle stud;
elements.
Page 8
SERVICE STANDARDS
Engineering:
Daily Services
0 Respond to all requests In the same day (even it is just to tell them the scheduled
time for a more detailed response.)
0 Minimize citizen cumpiaints Coy anticipating concerns and patMmg adequate
information.)
® Assure that standards are coordinated between departments.
® Provide appropriate information to keep the general public and impacted citizens
informed about capital improvement program projects under construction.
Long-Ranee Services
Development Review:
0 Assure that the product will be satisfactory for the neighborhood and a benefit to
all citizens that will use the facility.
® Provide consistency in requirements and guidelines; provide for continuity in
enforcement.
® Assure a product that can be efficiently maintained by the City.
Capital Improvement Program:
® Assure appropriate level of public input into the development and design of each
project.
Page 9
Amb,
SERVICE STANDARDS
Adlinis don:
uaiiy Services
9 Council SuPri"rorL.
>
Council packets completed and iiiRS+wabutLd Vnu me air " prlvr i.U. Q/viwvl:
meeting.
>
Council meeting room set-up (room configuration, sound system, a/v
equipment, refreshments, Council supplies)
>
Council follow-up (draft minutes, post ordinances, distribute documentation,
write and mail letters) completed within 5 working days after Council
meeting.
>
Maintain tentative agendas; distribute revised versions on monthly basis.
>
Office support:
- Council mail distributed in timely manner:
- Facsimile transmission or telephone notification if urgent.
Mailings on Tuesday and Friday for routine correspondence
- Telephone message service for calls from public and officials.
>
Return phone calls same day as received.
® Community Involvement:
>
P.roduce Cityscape once a month, deadlines must be met to ensure printing
and delivery on time and to provide notice of CIT meetings. Process takes
approximately 16 hours over a 2-week period and is top priority.
> Issues generated by citizens or assigned by the City Administrator, often
must be handled immediately. The length of time to resolve varies
depending on issue (couple of minutes to several weeks). Leave un-
scheduled time daily fur flexibility to address issues as they come up.
® Human Resources:
> New job hires process, from point of reauest to AdvAII.QAmpnr roioooe,
take no longer than 14 days. - -
> New employees to receive complete 6rientation on information pertaining
to salary, benefits, and City policies within 14 days of their employment
start date.
> Performance reviews will be checked for completeness and processed for
payroll within 2 days of receipt from the Department.
Page 10
r
SERVICE STANDARDS
® Risk Management:
> Review, invcg2lnata and turn npgr $n tFiW Rnnrnnriata ineiy~r mia~hin
_ga - r -r
working hours of any claim received.
> Open claim and restitution Ices re-vie ediwor-K-ed no fless than mogu y.
> Insurance policies - review and purchase conducted annually
Workers Comp - April 1 through June 30
- All other lines of coverage - February 1 through April 30
> Safety Committee Coordination - meet monthly and ensure follow-up on
Safety Committee recommendations
> Chair monthly Solid Waste meetings with Haulers.
> Respond to Solid Waste citizen complaints on a first come, first served
basis.
19 > Serve as the Washington County cities' representative on Metro's Solid
Waste Advisory Committee (meetings once per month).
> Coordinate review of Hauler's annual financial reports March through May
> Return phone calls same day as received.
> Correspondence within 5 working days from receipt.
> Emergency Management Plan update to be completed by 41110.6.
Invnrtitrsatn AIdA all ommnlisinto filaA with thn Vftm anti raonnnd with
findings, no later than 30 days after filing on ADA-related issues.
Page 11
Idghk
SERVICE ST N S
&xQ1•;~~ wd^vu seaa"ziiBaaaj
® Computer Services
> Response time for computer problems or requests for services can be
achieved, 90 percent of the time, within two hours.
> In 1995:
train appropriate personnel in the use of Windows
replace obsolete cabling and computers with contemporary
equipment
implement a remote access communications system to promote
telecommuting
implement a modern Network Management System
Lone-Ranize Services
® Human Resources:
> Schedule staff training (i.e., non-harassment workplace issues, supervisory
techniques)
® Risk Management:
> Commercial Driver's License Dmg/Alcohol Testing Policy will be in place by
12131195
> Schedule staff (OR-OSHA Safety Codes; defensive driving, Red Cross, and
nt nw AQU-M]AtAd iSSl1eS.)
0 Page 12
SERVICE STANDARDS
Finance Dens Anti
Daily Services
Office Services
a Information Services projects - 24 - 48 hour turn around. Priority based on order
received.
® Room Reservation requests - immediate or same day response.
® Switchboard phone response - first ring when phones not busy, third ring when
phones are busy.
Records
a Records requests -
Basic - one hour turn around
Requests that take research - half day turn around.
® New files entered into Clerk's Index and filed - three times per week.
® Records destructions - yearly
Court
® Counter assistance - immediate. Not more than five minutes during arraignments
or when short staffed.
® Process minor traffic citations - approximately 600 per month
Arraignment dates - within two weeks of original arraignment date
Trials - date scheduled within three weeks of arraignment. Trial date within 60
days of arraignment.
Over due payment notices sent once per month.
Failure to appear suspension notices process weekly. Failure to comply
notices processed monthly.
Bail refunded two times per month.
Page 13
r
AOL SERVICE STANDARDS
Finance pepaitment (continued):
Accountingr/Finance
® Deposit of receipts - following day.
® Accounts payable checks issued - By Friday fallowing deadline for submitting for
payment.
® Monthly financial reports - To City Administrator by 5th working day after
month end.
® Audit Report issued by November 15.
® Business tag renewals issued each month.
® Utility Bills issued within 4 days of meter reading.
Hoginlcathylsvclev
0 Page 14
AGENDA ITEM #
For Agenda of 10 /0
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE,/AGENDA TITLE Council Compensation - Consider Recommendation from the
Budget Committee TaskL Force
PREPARED BY: ~-wh- 0. DEPT HEAD OK CITY ADMIN OK
ISSUE BEFORE THE COUNCIL
Consider the recommendation of the Budget Committee Task Force Report on
Council compensation factoring in public comment Council received since their
meeting of July 25, 1995.
STAFF RECOMMENDATION
After discussion, deliberate on whether the Council wishes to proceed with
Council compensation changes, determine and determine an effective date.
INFORMATION SUMMARY
V ttached is:
® The information Council received at their July 25, 1995 meeting.
® A copy of an article from the Oregonian about a recent compensation
change by City of Cornelius.
s Excerpt of Council minutes on this matter as discussed at the
July 25, 1995, Council meeting.
Administration staff received a call for additional information on the
subject; no calls were -received expressing an opinion for or against a change
in compensation.
OTHER ALTERNATIVES CONSIDERED
1. Direct staff to recol „f- i on for Council
prepare the IICC CJSCLi y +iuu~c
consideration to put the Task Force's recommendation into effect.
2. Modify the Task Force's recommendation and direct staff to prepare the
necessary Budget resolution.
3. Make no adjustments at this time.
11
RP FISCAL NOTES
If the proposal presented by tha Budget Committee is adopted, adjustments
would be made to reflect the following:
Adjusted Council
Compensation
Current Council
Compensation
Difference:,
Adjusted Mayor
Compensation
Adjusted Mayor
Compensation
Difference
Total Annual Adjustment
$9001mo. x 12 = $10,800
n addition, the Committee recommended payment of $10 per meeting attended by
a Council member at an intergovernmental board, committee, or agency (not to
exceed $50 per month).
Currently, the annual average amount
dental/medical insurance is $5,859.
f:\1ogin\cathy\cccomsum.2
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor and City Council
FROM: Budget Committee Task Force
DATE: June 20, 1995
SUBJECT: Evaluation of Council Compensation
The Task Force met on June 8 to evaluate current Council
compensation. As part of this evaluation, we reviewed the
compensation amounts and policies for nine other cities. while the
data were interesting, the Task Force felt that our recommendations
should be based on those factors which related to our city's
particular circumstances. After much discussion, we agreed on the
following major points:.
• Tigard has a strong history of volunteer involvement in
City operations and activities which should be continued
and encouraged.
• Intergovernmental boards, committees and agencies are
requiring an ever-increasing time commitment from Council
members as the complexity of governmental operation
increases.
Compensation for Council service should recognize the
level of involvement and commitment needed but should
remain token in nature so as not to give the impression
of a paid salary.
Using these points of agreement as a guideline, the Task Force
disc•assed various ways of compensating Council members that would
be fair and equitable to both the members and the public they
serve. In coming to our conclusions, we did consider current
policy regarding providing health and life insurance benefits to
Council members, and although we are not recommending a change in
this policy, we do strongly urge the City Council to evaluate
whether a "cafeteria plan" for both Council and City management
staff might not both serve the needs of participants and reduce the
..t.. a,._
The Task Force recommends that the compensation for City Council be
increased during the new budget year as follows:
• Mayor $450 per month
0 • Council $250 per month
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This increase more appropriately recognizes the large time
,;:ommitment involved in attending not only City Council meetings,
but also Board and Committee meetings and other events each month.
Additionally, in recognition of the groaning impact of regional
meetings, the Task Force recommends that service by the Mayor or a
Councilor at an intergovernmental board, committee or agency
meeting be compensated at a rate of $10 per meeting attended, not
to exceed five meetings,or $50 per month. The Mayor or Councilor
must be officially representing the City in an administrative or
policy capacity to qualify for the additional payment.
The Task Force considers ceremonial appearances such as grand
openings, ribbon cuttings and community events part of council
activities which are compensated in the monthly stipend.
Finally, we recommend that Council compensation be reviewed
annually as part of the budget process.
The members of the Task Force are willing to meet with or discuss
further with the Council our recommendations should the Council
have questions or require additional information.
Task Force Members: Gorge Burgess
Suzanne Beardsley
Craig Dirksen
Deborah Hinton
Joyce Patton
h:\login\cathy\cccomp.tf
a
co urge
councilors councilors may ~ lks ; attend crr r if CIO O sure tb.e city- could, ice: abreast .
9taff9 C8n'L Y0a1QCity l~Otu2d1 ffiaictesrLq,~4yo~3S F^urtlsand.noP b
"374 r 3,iii: '4i6S.l~aRe.. Qn'W47Ety.. {rv'~
ffie avii
4'But, te?dng't i6m a day'z;:~Of door ino;e~councilo
r~~ob :csn wieak t~aoc ea fargiv fl_
"nances. : . ' ' might also haveacx.show up whf
So,' at the state legislators.. the governor
urging of City Manager county and Metro offidals come vi
John Greiner,.. councilors voted 31
_Y Monday to give t$effiselves an extra ice'-:
$50 for. each daytime'- meeting they If each. of theyiFau -boundlors,b
sattend,; up, to four-:meetings: per sidesBrown:attendRfhemaaimu
. , month.-That means -a council mem- Afour meetiings:.a month; the tot
bsr could receive as much as $200 added cost to the dty~:iould come
above the city's current $50 monthly : $9.~ per. year. That's' much chea
stipend. er; Councilor DavidAshcraft note
Each councilor, that is, except . than hiring _ another . staff membq
Mayor Ralph -Brown. ' The mayor, costing . the • city., around $65,000
...,who cast the only .vote. against the -.'Year in salary and benefits...-
Y
a 8
:y~ 11
--'u b 1
Exeru ar: CoAm~ L
minW-es on
tov_ncA Cw"penStLEWA
,TION ROUND-UP STATUS REPORT -7/aS1eaS`
Council hea report from Library Director Kathy Davis -and Recreation Round-
Up owners Deb nd Wayne Blesser. The program has been successful in
tie ien nre~~ti r,r, ll< rri,+nn in t4~ ~ t•TI-a" t t. LL..r Cit.. 1 '1....-.
r, v,v,,,y reC, a ti-- y_,a,,,~ av u,c WILY of , , Tiy,N aL t no ivjt w LII oily. LIUrary
v
tlirgrtnr i7ayig arlyicari c„ wMi dd be recommending a rcnewai of the contract with
Recreation Round-Up. Di ibuted to Council during the presentation were
comparative statistics for Tigar ecreation programs for the Fall quarters, from
the Fall of 1993 through the Fall of -94. Ms. Blesser distributed to Council the
1995 Spring and Summer class progra Ms. Blesser also described the 1995
Spring and Summer camps and classes.
In response to a question from Councilor Schec Ms. Blesser described the
various costs related to offering certain programs. Ms. avis further advised that
the fees, by contract, are capped at cost plus 20%.
Library Director Davis advised that because of the
recreational program in Tigard, she plans to cc
publication in a national management organization n
DISCUSS REPORT FROM
COUNCIL COMPENSATION
Suzanne Beardsley, member of the Budget Committee Tasks Force on
Compensation reported to Council on the Task Force's recommendation. She
described the Task Force's process in arriving at their conclusions as
recommended in the report from the Task Force as submitted in the Council
packet material. In response to a question from Councilor Hawley, Ms. Beardsley
affirmed that the only communication or direction received from City Council was
received during the initial budget process. Council did not give the Committee
any direction for recommendation as a Task Force.
Mayor Nicoli suggested that no decision be made on this matter this evening.
After discussion, consensus was to schedule this item for the September 12, 1995
Council meeting. Council members indicated they would want to hear from the
public whether there are any concerns with the proposed increases in Council
compensation.
l tie amount of compensation would be $45U per month ror the Mayor, and $250
a month for other Councilors. In addition, Mayor and Councilors would be paid
$10 per meeting attended by a Council member at an Intergovernmental Board,
Committee, or Agency, not to exceed $50 per month.
CITY COUNCIL MEETING MINUTES - JULY 25,
Councilor Scheckla advised he would not be in favor of any increase in Council
compensation. He advised he may consider an increase if the increase is not to
be implemented for three to four years out. There were concerns that Tigard
employees are not the highest or the lowest paid this compensation package
proposal to Council would put Tigard Councilors at the top of what is being paid
to other Councils.
In response to a question from Councilor Hunt, Ms. Beardsley described what was
meant by the $10 compensation for other meetings attended. She advised those
meetings would be differentiated between the "standard obligations" of Council,
such as City Council meetings and Budget Committee meetings. The $10
reimbursement would be specific to Intergovernmental Boards and liaison
positions to organizations outside Tigard's decision=making process.
Councilor Rohlf advised he would be opposed to an increase in compensation,
noting it was a privilege to serve as an elected official.
Councilor Hawley advised she believes an increase in compensation is long over-
due. She noted when she must attend to Council duties, that it affects her insofar
as it takes away from the income she receives as a commissioned salesperson.
While she advised this did not present an enormous hardship for her, she advised
she did not want to limit anyone else from serving because of the time
commitment. She advised Council does work for the City and the responsibilities
require an incredible amount of commitment. She noted her concerns of an elitist
form of government run by only the wealthy.
Councilor Hunt noted he was in favor of the increase in Council compensation,
advising that in the recent past there has not been an abundance of people
wanting to run for City Council. He rioted if this would bring out more people to
run for office, then he believes the increase in compensation was justified.
Suzanne Beardsley stated that the Task Force wantod to recognize the value of
the time of the City Council, and to demonstrate a commitment to those who
serve the community.
9. CONS~l FORD I NANCE TO REPEAL PARKING RESTRICTIONS ON
HIGHLAND DRIVE
City Engineer Wooley reviewed the staff repo shown in the staff report, the
Summerfield Civic Association requests the exists rking restrictions on
Highland Drive be removed. The existing restrictions ap to a portion of
Highland Drive with two sharp curves as shown on the drawing co ed in the
Council packet. Since the implementation of the ordinance in 1991, con ' is s
CITY COUNCIL MEETING MINUTES - JULY 25,1995'- PAGE 10
A ndy Rom NO.-
' ®t its l su(~5
R. Joe and Sheilah S. Kasten
9885 SW Ventura Court
Tigard, Oregon 97223
September 4, 1995 SEP (3 1995
Mr. Jim Nicol i , Mayor J w.., lI
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
Dear Mr. Nicoli:
Subject: Stipends for Tigard Mayor and City Council
Tigard City Council is currently considering modifying the
compensation which it gives itself.
The following are our thoughts on the subject of Tigard City
Council Compensation:
1. All five positions are identified as volunteer positions. If
this is the intended nature of these positions, then
compensation should reimburse the councilor for those out of
pocket expenses which are directly related to the performance
of the .job. From the experience of Joe Kasten on Council, the
current stipend of $100.00 per month is more than adequate to
- meet these expenses.
2. We agree that the time and effort which is required by every
member of Council is worth much more than the current
compensation. If it is our intent to make these positions
paid, then we should change our policy and pay what the
position is truly worth (20 hours/week * 4.3 weeks/month *
$15.00 per hour minimum = $1290.00 per month minimum). The
voters of Tigard may desire to express their opinion on such
a change.
3. We question the current policy of extending health insurance
coverage to members of the Council. In our opinion, the value
of health insurance far exceeds the definition of a volunteer
position. At the very least, the full cost of this insurance
coverage should be shared with the voters.
Your consideration of these thoughts and opinions is appreciated.
i er ly,
Aft R~ Joe Kasten Sheilah S. Kasten
AGENDA ITEM #
For Agenda of InIfn195
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Approve Updated Council Groundrules
PREPARED BY: C. Wheatley DEPT HEAD OK`'- CITY ADMIN OK Ll/1N-``-
ISSUE BEFORE THE COUNCIL
Should the City Council adopt revised Council Groundrules governing the
conduct of City meetings and other matters?
STAFF RECOMMENDATION
Staff recommends that the City Council accept the draft "City Council
Groundrules and Agenda Process" by passing the proposed resolution.
INFORMATION SUMMARY
On August 1, 1995, Council met and reviewed existing Council Groundrules.
taff was directed to compile all groundrules into a new format, patterned
ARM
fter an example reviewed at the August 1 meeting. A draft "City Council
Groundrules and Agenda Process" is before the Council for adoption. The
draft contains discussion of appropriate topics for study sessions and
workshop meetings and creates a regular time for adjournment of meetings.
OTHER ALTERNATIVES CONSIDERED
i. Take no action, leaving existing groundrules in place without a change
in format.
2. Make further changes to the groundrules and direct staff to return with
a revised draft for discussion.
FISCAL NOTES
No fiscal impact.
f:\1ogin\cathy\ccgrdru1.sum
a
u
® The Chair, or other members if the Chair fails to remember, shall call for a
Point of Order at or around 10 p.m. to review remaining items on the agenda
with the Council. The Council shall ora reset or reschedule those items
which it feels may not be reached prior to-die regular time of adjournment.
The regular U-M aajournment slaall be 11 p.m. unless extended by
/unanimous o ma on consent of all Council members then present. If not
continued by una on,
consent, then the meeting shall be adjourned to
either the next scheduled meeting or the meeting shall be continued to a
special meeting on another date.
® Dei'fitions - Meeting Types:
> BUSINESS MEETINGS: Business meetings are regular meetings where
Council may deliberate toward a final decision on an agenda item
including consideration of ordinances, resolutions & conducting public
hearings. Business meetings are usually televised. (See Figure 1)
Business meetings are generally scheduled to begin at 7:30 p.m. with
a Study Session preceding the Business Meeting at 6:30 p.m. Study
Sessions are a workshop-type of meeting (see definition below) which
also provide an opportunity for the Council to review the business
meeting agenda and to ask questions for clarification on issues or on
process. Study Sessions are open to the public.
All Council meetings are open to the public with the exception of
Executive Sessions. Executive Sessions can be called under certain
circumstances and topics are limited to those defined by ORS 192.660.
The "Visitor's Agenda" is a regular feature on the Council
Business meetings. This item will be placed near the beginning
of the Council Agenda to give citizens and visitors a chance to
introduce a topic to the City Council. Council may decide to
refer issue to staff and/or schedule the topic for a later Council
meeting.
Page 2