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City Council Packet - 07/11/2000 DRIGIAIA 1 Ci1G GON TIGArRD CITY COUNCIL MEETING JULY 11, 2000 COUNCIL MEETING WILL BE TELEVISED i i 333{ i ladmyolccpktl.doc 3 a 13125 SW Hall Blvd., 11gard, OR 97223 (503) 639-4171 TDD (503) 684-2772 illilliallillillipli TIGARD CITY COUNCIL w BUSINESS MEETING . 11 It Y ,i i 2000. A -Zn PM . ClTV nF TIMA013 TIGARD CITY HALL l 3125 SW HALL BLVD.... TIGARD; OREGON. 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and ® Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639- 4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - JULY 11, 2000. PAGE 1 AGENDA TIGARD CITY COUNCIL BUSINESS MEETING JULY 11, 2000 6:30 PM STUDY SESSION > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (f) a (h) to discuss labor relations, real property transactions, exempt public records, and 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. > Discussion about Revisions to the Intergovernmental Agreement Creating the Intergovernmental Water Board > Discussion of Vacancy in the Position of Mayor 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 8z Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance - S ( c• IL + T~~~t~ 'Ct ~ JN ~~2e 1.4 Council Communications J J 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:40 PM 3. CONSENT AGENDA: These items are considered-to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes: May 16, 2000 3.2 Receive and File a. Council Calendar b. Tentative Agenda 3.3 Appoint Marvin Diamond and David Chapman to the Library Board - Resolution No. 00 - L! 0 COUNCIL AGENDA - JULY 11, 2000 - PAGE 2 3.4 Approve an Intergovernmental Agreement with Tualatin Valley Fire and Rescue for Preventative Health and Disease Services 3.5 Local Contract Review Board a. Award Contract for the Construction of Gaarde Street - Phase 1 Street Improvement Project to Kerr Contractors, Inc. b. Award Contract for the Construction of Fanno Creek Trail - Segment 613 to ACS, Inc. C. Award Contract for the Cook Park Wetland Mitigation Project to Goodfellows Brothers. Consent Agenda - Items Removed for Separate Discussion: Any items requested 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. 7:45 PM 4. INTRODUCTIONS - APPOINTMENT OF LIBRARY BOARD MEMBERS - MARVIN DIAMOND AND DAVID CHAPMAN ■ Council President Brian Moore 7:50 PM 5. CONSIDER A RESOLUTION DECLARING THE CITY OF TIGARD AS A KOREAN WAR COMMEMORATIVE COMMUNITY a. Staff Report: Administration Department b. Council Discussion, Comments, Questions C. Council Consideration: Resolution No. 00 8:05 PM 6. PUBLIC HEARING (QUASI-JUDICIAL) - AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN ANNEXATION (ZCA) 2000-00001 /CROSS ANNEXATION AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT, WASHINGTON COUNTY STREET LIGHTING DISTRICT #1, UNIFIED SEWERAGE AGENCY AND THE WASHINGTON COUNTY VECTOR CONTROL DISTRICT The applicant is requesting to annex one (1) parcel of land consisting of 1.46 acres into the City of Tigard. LOCATION: 14504 SW Fern Street; WCTM 2S 104BC, Tax Lot 01200. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390 and 18.320; Comprehensive Plan Policy 10 (Urbanization), and Metro Code Chapter 3.09. COUNCIL AGENDA - JULY 11, 2000. PAGE 3 a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony (Proponents, Opponents) e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Ordinance No. 00 8:15 PM 7. CONSIDER AN ORDINANCE GRANTING MCLEODUSA A FRANCHISE TO CONDUCT A TELECOMMUNICATIONS BUSINESS IN THE CITY OF TIGARD a. Staff Report: Finance Department b. Council Discussion, Questions, Comments C. Council Consideration: Ordinance No. 00 - 0~~1 8:25 PM 8. CONSIDER AN ORDINANCE GRANTING METROMEDIA FIBER NETWORK SERVICES, INC., A FRANCHISE TO CONDUCT A TELECOMMUNICATIONS BUSINESS IN THE CITY OF TIGARD AND DECLARING AN EMERGENCY a. Staff Report: Finance Department b. Council Discussion, Questions, Comments C. Council Consideration: Ordinance No. 00 - 8:35 PM 9. PARKS AND TRAILS UPDATE a. Staff Report: Public Works Department b. Council Discussion, Questions, Comments 9:30 PM 10. CONSIDER A RESOLUTION REAFFIRMING CONSENT TO FORMATION OF A NEW COUNTY SERVICE DISTRICT a. Staff Report: Administration Department b. Council Discussion, Questions, Comments C. Council Consideration: Resolution No. 00 - 14z 9:40 PM 11. DISCUSSION OF VACANCY IN THE POSITION OF MAYOR a. Staff Report: Administration Department b. Council Discussion, Questions, Comments i 9:50 PM i 1.2. COUNCIL LIAISON REPORTS COUNCIL AGENDA - JULY 11, 2000 - PAGE 4 r 9:55 PM 13. NON AGENDA ITEMS 10:00 PM 14. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 17►2.U60 k I ) (d ~e), (f) oa (h) to discuss labor rel^tivn5, real property transactions, exempt public records, and 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. 10:05 PM 15. ADJOURNMENT I: W DM\CATHY\C CAt000711.00C COUNCIL AGENDA - JULY 11, 2000. PAGE 5 Agenda Item No.~ Meeting of 9 -12 - DD TIGARD CITY COUNCIL MEETING MINUTES -JULY 11, 2000 • STUDY SESSION > Council President Moore called meeting to order at 6:30 p.m. > Council Present: Council President Brian Moore, Councilors Paul Hunt, Joyce Patton, and Ken Scheckla. > Staff Present: City Manager Bill Monahan; City Attorney Tim Ramis; City Engineer Gus Duenas; City Recorder Catherine Wheatley; Public Works Director Ed Wegner; Associate Planner Julia Hajduk; Finance Director Craig Prosser > Agenda Review and Administrative Items: Bill Monahan, City Manager, reported that: Staff was pulling Item 3.4 off the agenda. This item concerned an agreement with Tualatin Valley Fire & Rescue; staff was advised that one of the numbers in the agreement might change. Z There is a possibility of an issue that could be raised during the Visitor's Agenda with respect to Item 3.5c, the Cook Park wetland mitigation project. i New Library Board member Marvin Diamond may not be attending later in the meeting to be introduced to the City Council. Logistics for the Korean War Commemorative ceremony scheduled for the meeting tonight were reviewed. There may be sonic citizen concerns with respect to the annexation creating an island. He noted that the Council could adjust the annexation boundaries if it desired. i Jeff Munro, Park Supervisor, was leaving to work at the City of Gresham. r Mr. Monahan reviewed the Council-initiated proposal to name new athletic fields in Cook Park after Jim and Dave Nicoli. After brief discussion, the Council decided to move forward with naming the new area after Jim and Dave Nicoli and then consider naming the individual fields after other people as it deemed appropriate by the Council and/or the Atfalati committee. > Discussion of Vacancy in the Position of Mayor Tim Ramis, City Attorney, reviewed the options available to the Council to fill the mayoral position, as outlined in his memo. He noted that the recent change in the City Charter eliminating the earlier mandatory requirements for filling a vacant position gave the Council broad discretion in filling the vacancy. The options included Council appointment of an interim mayor until an election, Cuuncii appuinin...... of an interim mayor to tiil out the rest of the term, and the Council continuing to operate with four members until the next regular mayoral election. Mr. Ramis advised the Council that it did not have to schedule an election for the November ballot. CITY COUNCIL MEETING MINUTES -JULY 11, 2000 - Page I a He mentioned a consideration of whether or not to restrict the interim mayor from running in the election. He noted the September 7 filing deadline at the County Clerk's office and the August 7 deadline at the City. Councilor Scheckla asked if people in the recently annexed Walnut Island area were eligible to run for Mayor or Council. Mr. Monahan indicated staff's findings that the Walnut Island residents were eligible to nm for Council but staff was still researching their eligibility for the mayoral position. Mr. Ramis stated that filling out an unexpired term did not count in the term limits provision. Therefore, any seated Council member who had reached his/her term limit was eligible to fill out the unexpired portion of the term. He explained that any Councilor running for the mayor position had to resign as Councilor at the time of filing, although the effective date of the resignation was the date that the candidate would take office if he/she won. He confirmed that the resignation as Councilor was irrevocable, even if the candidate lost the mayoral race. Councilor Scheckla spoke to appointing Councilor Hunt as Mayor to fill out the unexpired term, citing concerns with continuity on the Council. The Council discussed the implications of the suggestion. Mr. Ramis noted that if the Council chose to appoint someone, then it needed to decide on the process. He pointed out that if the Council appointed a sitting Councilor, then it had to fill the Councilor's vacant position. Mr. Ramis confirmed to the Council that residency within the city limits was a requirement but observed that it was. a slim test to pass because the case law spoke to the intention to reside within the jurisdiction. Councilor Patton suggested holding the election next year, as opposed to November, because of the short time period left before the City's August 7 filing deadline date. She said she did not think that this provided people with sufficient time to make a decision about running for the office. Council President Moore concurred that three weeks was not enough time to make the decision. Council discussed whether to appoint a Mayor from among the current Councilors. Councilor Scheckla noted concerns with continuity and experience. Councilor Patton mentioned the option of appointing an interim mayor until they could hold an election. Council President Moore suggested continuing the discussion at the workshop next week. The Council concurred. Councilor Hunt asked for sufficient time on the agenda to discuss the options and to reach a decision. The Council agreed that Mr. Ramis should attend next week's meeting. Mr. Ramis noted a changed on page 3 of his memo from "The Council would have to hold..." to "The Council would hold..." > Discussion about Revisions to the Intergovernmental Agreement Creating the Intergovernmental Water Board Mr. Wegner reviewed the history behind the composition of the Intergovernmental Water Board of four representatives from Tigard, King City, Durham and the Tigard Water District plus one non- voting member-at-large. He indicated that the Board had specific duties in the areas of water supply and capital improveinents while the City of Tigard ran the day-to-day operations of the water system. He noted that the other three entities had had no vote on the Tigard Charter amendment with respect to using the Willamette River as a water source. Mr. Wegner presented the Board's request for staff to return with options to include the other three jurisdictions in a Tigard vote on going to the Willamette. He mentioned that the Tigard Water District requested other changes to the intergovernmental agreement also. He referenced the memo 1illing 11 iv the pv$~ivi ti" L. v . ua.lj i+;Cu . . 1(; A_ l dl.ltl changing the „ t allow a vote by all the jurisdictions. Councilor Hunt asked what difference changing the IGA would make because the Citizens for Safe Water petition said that the City could not use the water, not that it could not build a plant. Mr. Wegner explained that if the agreement was that a 3 out of 4 vote prevailed in the matter of a CITY COUNCIL MEETING MINUTES -JULY 11, 2000 - Page 2 7Willan River water supply, then Tigard would have to withdraw from the water system and buy ts. Mr. Ramis clarified, that under the present situation, Tigard was the lone decider in pursuing a water source within its water rights; the other jurisdictions had a role only in a long-term water contract. He mentioned options of changing the agreement to require unanimity or changing it to a contract situation in which a 3 to 4 vote prevailed. He explained that, since they had an integrated system, if a 3 to 4 vote prevailed on using the Willamette River as a water source, Tigard would have to get out, unless Tigard voters voted to in support of going to the Willamette. Mr. Ramis referenced the fourth option, which required a physical restructuring of the system into separate pipes for different water supply sources. Councilor Patton asked if the underlying issue was that the other jurisdictions wanted to have more of say in all the decisions. Mr. Wegner said that King City and Durham wanted to vote on the water supply issue because they felt that they could help get a vote out in favor of the Willamette or any source agreed upon by the IWB. He noted that Tigard Water District has indicated an interest in having more authority besides just water supply voting issues. Mr. Wegner observed that the Tigard Water District's desire to set up something so that the other three entities could vote if Tigard voted on the Willamette did not work with the Tigard Charter. Mr. Ramis concurred that even if the other three jurisdictions voted unanimously, it made no difference because they were not City of Tigard voters. Mr. Wegner pointed out that the situation had a possibility of someone having to buyout someone else at the time of the decision. Mr. Wegner indicated to Councilor Scheckla that the money for a buyout would have to come from non-water revenue sources, such as the general fund or a bond issue. Councilor Patton commented that from the standpoint of Tigard, it was not in the City's best interest to revise the agreement to put itself in a position where it might have to buy out and withdraw. Mr. Ramis concurred that that was a risk if the agreement changed. He pointed out that it was also not in the City's interest to have people so unhappy with the arrangement that they decided to take drastic action. Councilor Patton asked what kind of drastic action could they take. Councilor Hunt pointed out that Tigard, in its negotiations for a water supply source, asked for equal say as a part owner, yet it denied that same point to its IWB partners. Councilor Patton argued that the jurisdictions accepted the situation when they signed the IGA. Councilor Hunt said that the other jurisdictions had no choice but to go with Tigard, once Tigard decided to pull out of the water district. He confirmed that he thought that they have always beer, unhappy with the situation. Mr. Wegner concurred that the other jurisdictions were not happy about the original IGA in 1993/94. He said that staff worked hard with the IWB from 1994 to 1996 to bring them through a process to select a long-tern water source. However, the Citizens for Safe Water initiative and subsequent vote by the voters prompted Tigard to look elsewhere for water. This decision by Tigard was also a source of concern to the other jurisdictions. Mr. Wegner asked for direction on what message staff should express at the IA'B meeting tomorrow night. Councilor Scheckla commented that they could not offer them much more than what they already had. Councilor Patton reiterated that she saw no benefit to the City. Mr. Wegner indicated to Councilor Scheckla that doing nothing could also create animosity because the City would be telling the jurisdictions that their ratepayers' vote did not count, as the City had to live with the City of Tigard ratepayers vote. He mentioned another contentious issue of City of 0 Tigard residents not served by the Tigard water system who were allowed to vote on Charter amendments that affected WaICi' SyJICill llbci'S in iii County ii1vrC than u1VSe alllCrru111Cl11J allCClell kv them, while the affected water users had no vote. CITY COUNCIL MEETING MINUTES -JULY 11, 2000 - Page 3 Councilor Scheckla asked if staff thought the citizens might be more willing to vote in favor of the Willamette now. Mr. Wegner noted that the Citizens for Safe Water recently defeated the financing using revenue bonds in Tualatin and Sherwood for the Wilsonville treatment plant. He indicated that Wilsonville and the Tualatin Valley Water District were proceeding with the plant construction, scheduled to be online n 2002. Mr. Wegner said that Tigard was looking at three other options, all of them expensive. He commented that he still thought that treated Willamette water was best option and the most economical. He concurred with Councilor Scheckla that in 50 years Portland would probably use Willamette River water and sell it to Tigard. The Council discussed what staff should convey to the IWB Board at its next meeting. Mr. Ramis pointed out that if the goal of the restructuring of the agreement was participation, then allowing the other jurisdictions to have a vote provided a sense of democracy. However, he noted the downside of giving a small jurisdiction a veto vote. Councillor Hunt spoke in support of reviewing the IGA, commenting that he could see the other jurisdictions' point. Mr. Ramis mentioned another option of an agreement similar to the water contract: no one jurisdiction could veto and a 3 to 4 vote prevailed. Councilor Patton commented that she would defer to Councilor Hunt's judgement, since he had a better understanding of the working relationship issues with the other Board members. Councilors Hunt suggested that the other jurisdictions identify the changes that they would propose in the IGA. Then, once they reached agreement among themselves, they would present their proposal to the Council for consideration. The Council agreed with Councilor Hunt's suggested approach. 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board Council President Brian Moore called the meeting to order at 7:30 p.m. 1.2 Roll Call Councilor Patton, Scheckla, Hunt and Council President Moore were present. 1.3 Pledge of Allegiance Boy Scout Troop 419 led the Council in the pledge of allegiance. Council President Moore thanked the troop and presented the members with city pins. 1.4 Council Communications Council President Moore asked for moment of silence in memory of Mayor Jim Nicoli who passed away on June 30, 2000, from cancer. 1.5 Call to Council and Staff for Non-Agenda Items Mr. Monahan noted that staff removed Item 3.4 on the Consent Agenda and would bring it back at a later date. 2. VISITOR'S AGENDA e Cleo MacLeod, 11710 SW 134 Terrace Ms. MacLeod asked the Council to direct staff to maintain and clean up the area on the east side of SW 135°i Street from Brittany Drive north to Scholls Ferry, which was overgrown with weeds and Im grass. She said that staff told her that maintaining this area was the property owners' responsibility. She pointed out that the residences fronted on Sheffield Street, and were separated from 1356' by their backyards. CITY COUNCIL MEETING MINUTES --JULY 11, 2000 - Page 4 Mr. Monahan explained that staff was looking into this situation and similar situations in the City. He advised this matter would be discussed during the City Council's August workshop meeting (August 15, 2000). Mr. Monahan mentioned that the City Attorney's office was also working on the matter because it involved more than the right-of-way issue. He discussed the consistency and fairness issues involved. Mr. Ramis confirmed to Councilor Hunt that, under the current ordinance, Councilor Hunt as a property owner backing up on Durham Road would be responsible for the Durham Road sidewalk section abutting his property. He advised that Council should discuss whether it wanted to change this policy, which was typical of ordinances around the country. Mr. Wegner said that staff's first step in these situations was to have the Code Enforcement Officer contact the property owners. He indicated that, once notified, the property owners usually cleaned the areas. Council President Moore directed staff to follow their process and to bring the matter to the August study session for discussion. In the meantime, Mr. Monahan suggested an option of the City coordinating a Saturday volunteer work crew to clean up along 135"' Avenue. 0 Mark Mahon Mr. Mahon thanked the Council for its support of the Balloon Festival. He referred to the presentation of a check from the Tigard Breakfast Rotary Club to support the Summer DARE program as an example of how the monies raised by the non-profit groups during the Balloon Festival came back to the community. He commented that the Balloon Festival was a signature event for Tigard. 3. CONSENT AGENDA Motion by Councilor Scheckla, seconded by Councilor Patton, to approve the Consent Agenda. Motion was approved by unanimous voice vote of Council present. (Council President Moore, Councilors Hunt, Patton and Sclieckla voted "yes.") 3.1 Approve Council Minutes of. May 16, 2000 3.2 Receive and File a. Council Calendar b. Tentative Agenda 3.3 Appoint Marvin Diamond and David Chapman to the Library Board - Resolution No. 00-40 3.4 Approve an Intergovernmental Agreement with Tualatin Valley Fire and Rescue for Preventative Health and Disease Services - This item was pulled. 3.5 Local Contract Review Board a. Award Contract for the Construction of Gaarde Street - Phase 1 Street Improvement Project to Kerr Contractors, Inc. b. Award Contract for the Construction of Fanno Creek Trail - Segment 6B to ACS, Inc. c. Award Contract for the Cook Park Wetland Mitigation Project to Goodfellows Brothers CITY COUNCIL MEETING MINUTES -JULY 11, 2000 - Page 5 NOR= 4. INTRODUCTIONS - APPOINTMENT OF LIBRARY BOARD MEMBERS - MARVIN DIAMOND AND DAVID CHAPMAN Council President Moore introduced David Chapman, reappointed to a four-year term on the Library Board. Mr. Chapman thanked the Council for the opportunity to serve the City with regard to library services. 5. CONSIDER A RESOLUTION DECLARING THE CITY OF TIGARD AS A KOREAN WAR COMMEMORATIVE COMMUNITY Mr. Monahan announced that the State of Oregon Veterans Affairs approved the City's application to participate as a commemorative community in the four year Department of Defense 500' anniversary of the Korean War Commemoration Event. He reviewed the program's intent to honor those who served in the Korean War from June 25, 1950 through July 27, 1953, both at the front and at home, as well as the families of those who died in the war. He explained that tonight was the first of the activities that the City submitted with its application: passage of a resolution agreeing to participate in the program. Mr. Monahan said that the American Legion Post 158 partnered with the City in its application. He introduced Patsy Nestor and Bernie Healy, Post 158 commander. He noted that the Committee comprised of himself, Councilor Scheckla and Ms. Nestor needed a fourth person to serve as chair for the fourth year. Councilor Scheckla spoke to recognizing the service of all who served in "the forgotten war." He presented buttons to the Councilors. He noted the plaque and the flag. Mr. Monahan reviewed the symbolism of the plaque and the flag elements. Ms. Nestor announced that Post 158 became a commemorative post through the work of Councilor Scheckla, Dorsey Olds, Jim Markham, John King and herself, all Korean War veterans. She indicated that they had 136 service men and women from the Korean War as members of their post. She invited all Korean War veterans to a meeting at City Hall on September 10, 2000, for recognition as a Korean War vet. She indicated that they would do other activities at the schools similar to what has been done for W.W.II vets. She thanked the City for its efforts and recognition, mentioning Mr. Monahan in particular. Mr. Monahan clarified that the intent of these events was to raise people's awareness with respect to the Korean War so they had a better understanding of what it meant to the country, and to pay tribute to those who contributed during the war. He indicated that the Committee would meet in the near future to work on involving those who responded to the City's call for volunteers to work on the program and its activities. He referenced the display boards available for use during presentations to community groups. Motion by Councilor Scheckla, seconded by Councilor Patton, to adopt Resolution No. 00-41. Motion was passed by unanimous voice vote of the Council present. (Council President Moore, Councilors Hunt, Scheckla and Patton voted `yes.') [4-0] 6. PUBLIC HEARING - (QUASI-JUDICIAL) - AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN ANNEXATION (ZCA) 2000-00001/CROSS ANNEXATION AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT, WASHINGTON COUNTY STREET LIGHTING DISTRICT #1, UNIFIED SEWERAGE AGENCY AND THE WASHINGTON COUNTY VECTOR CONTROL DISTRICT 1 The applicant is requesting to annex one (1) parcel of land consisting of 1.46 acres into the City of Tigard. LOCATION: 14504 SW Fern. Street; WCTM 2S 104BC, Tax Lot 01200. e APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390 and 18.320; Comprehensive Plan Policy 10 (Urbanization), and Metro Code Chapter 3.09. CITY COUNCIL MEETING MINUTES -JULY 11, 2000 - Page 6 a. Council President Moore opened the public hearing. b. Declarations or Challenges: None c. Staff/Applicant Report Julia Hajduk, Associate Planner, explained that the City allowed the applicant to hook up to city sewer (due to a failing septic system) on the condition that the property owner applies for annexation. She said that the R-7 zoning of this property would continue. She indicated that none of the affected agencies had any objections or concerns. She mentioned receipt of a letter from a property owner within 500 feet of the site expressing concerns with respect to the zoning. She clarified that the zoning was not changing nor was the property owner developing his lot; he was simply annexing into the city. d. Public Testimony Council President Moore read the standard land use hearing criteria and procedures. o Tom Bowen, 14115 SW Fern Mr. Bowen discussed his concern that this annexation created an island, contrary to the position stated by Tigard staff at meetings that the City was going to stop creating islands. He indicated that he and his neighbors had understood from the meetings at Fowler Junior High that their area was part of the Walnut Island annexation; however, he found out that their area was not annexed. He said that someone should have told them. Mr. Bowen noted that a main reason why people wanted to annex was for street maintenance, yet now he heard that the City was turning the street support back to the County and no one knew the reason behind that action. He questioned consistency in requiring non-remonstrance agreements for annexation that needed to be signed before properties could connect to sewer Mr. Bowen questioned including Fern Street in this annexation because of the island that it would create. The sewer hook up went through Ascension Drive; Fern Street was not affected. Ms. Hajduk explained that traditionally the City annexed the right-of-way in front of the property it was annexing. Council President Moore noted that this was not a forced annexation; it was a property owner requested annexation. Ms. Hajduk confirmed that in order to hook up to city sewer, a property had to be within the city limits. Mr. Monahan discussed the public process used by the City during the Walnut Island annexation, including coverage of the issue in the newspaper and the Citvscape. He explained that in order to annex, an election would have been needed for those properties that were not part of the Walnut Island. Staff did not find sufficient approval from the residents in those areas to proceed with annexation. Mr. Bowen reiterated that the people who were not annexed were not informed. Mr. Monahan explained that the City was turning the street maintenance back to the County as of July 1 because the County did not provide sufficient funding for the City to provide the level of street maintenance it normally provided for its own roads. The County residents asked the City for better street maintenance and the City could not deliver that service, given the resources provided by the County. He emphasized that the City used the Cityscape extensively to communicate with the citizens. Mr. Bowen asked that the City hold off on annexing Fern Street because of the island it would create. He suggested that the City take time to talk to the residents, as he did not think that they would object to annexation if the City were "up front" with them. Ms. Hajduk explained that the non-remonstrance annexation agreements to which Mr. Bowen referred were not with the City but with the Unified Sewage Agency which required an annexation agreement from properties obtaining sewer that were not contiguous to the city limits. She indicated that in the three years she has worked at the City she has never processed such an agreement. CITY COUNCIL MEETING MINUTES -JULY 11, 2000 Page 7 Ms. Hajduk concurred that this annexation created an island. She indicted that, should the Council decide in the future that it wanted to do another island annexation, then it would direct staff to initiate the public process. She emphasized that if the Council never directed staff to do so, then that process did not occur. She said that the owners in the area were free to apply for annexation to the City if they so wished. Ms. Hajduk reiterated that traditionally the City annexed the right-of-way in front of property to be annexed. She indicated that staff could return with a revised legal description, eliminating Fern Street from the annexation, if the Council desired. Council President Moore spoke in support of leaving Fern Street out if it solved the problem. Ms. Hajduk indicated to Councilor Scheckla that the island created by the proposed annexation contained about 20 homes. Councilor Scheckla said he would not want to create an island if it was not necessary. Staff indicated that they could return with the changed legal description at the August 8 City Council meeting. Councilor Patton noted her concern at hearing people jumping to the conclusion that the City was using "underhanded" methods. She emphasized that the staff did what Council directed according to the Code. She said that this had nothing was the usual manner in which the City annexed land. She concurred with Council President Moore and Councilor Scheckla that they should drop the Fern Street segment if it made the community more comfortable. Council President Moore stated that the Council and City staff wanted to do everything above board. Mr. Ramis confinned to Mr. Bowen that the City's long-standing policy has been to require annexation in order to access City sewer. He noted it was an option to accept annexation agreements in exception situations when the land was not contiguous to the City limits. However, he emphasized that this was not the City's preferred approach. 7. CONSIDER AN ORDINANCE GRANTING MCLEOD USA A FRANCHISE TO CONDUCT A TELECOMMUNICATIONS BUSINESS IN THE CITY OF TIGARD Craig Prosser, Finance Director, reviewed the changes made to the City's standard franchise agreement for use with these and all future franchise requests. He noted the addition of Section 6, requiring all franchisees to keep in force public liability insurance and to name the City as a co- insured. He discussed the elimination of the emergency clause in response to the Council's request to do so. Mr. Prosser stated that staff used the new standard franchise agreement with no changes for the franchise request by MacLeod USA to offer telecom services in Tigard. He mentioned that Gary Miller, the construction supervisor from MacLeod USA, was present to answer questions. He reported that he has asked franchisees about their construction practices, given the concerns expressed by Council that the installation of the fiber network was disruptive to businesses. Councilor Scheckla asked if MacLeod USA would notify businesses in advance of when they would work in their area. Mr. Miller explained that MacLeod USA was undertaking a joint build effort with Level 3, NextLink and Metromedia Fiber Network in order to avoid multiple street cuts. He indicated that Level 3 was taking the lead on it and would handle the construction management and interaction with the City. Councilor Scheckla expressed his concern that someone takes responsibility for all the work. including subcontractors' work. Council President Moore pointed out that the ultimate responsibility lay with the franchise holder. Motion by Councilor Patton, seconded by Council President Moore, to adopt Ordinance 00- 24. CITY COUNCIL MEETING MINUTES -JULY 11, 2000 - Page 8 The City Recorder read the number and title of the ordinance. ORDINANCE 00-24, AN ORDINANCE GRANTING TO MACLEOD USA TELECOMMUNICATIONS SERVICES, INC., A FRANCHISE TO CONDUCT A TELECOMMUNICATIONS BUSINESS IN THE CITY OF TIGARD, OREGON, INCLUDING THE RIGHT TO PLACE POLES, WIRES AND OTHER APPLIANCES FOR TELECOMMUNICATIONS PURPOSES IN THE PUBLIC RIGHTS OF WAY AND AUTHORIZING THE MAYOR TO SIGN THIS AGREEMENT. Motion passed by unanimous roll call vote of the Council present. (Council President Moore, Councilors Hunt, Patton, and Scheckla voted "yes.") [4-0] 8. CONSIDER AN ORDINANCE GRANTING METROMEDIA FIBER NETWORK SERVICES INC., A FRANCHISE TO CONDUCT A TELECOMMUNICATIONS BUSINESS IN THE CITY OF TIGARD AND DECLARING AN EMERGENCY Mr. Prosser reviewed the changes to the new standard contract in Metromedia's request to offer telecom services in Tigard. He pointed out that Metromedia did not provide telecom hookups directly but rented out space on their fiber optics line to other companies. He noted the inclusion of addresses to which the City and Metromedia would send notices to each other. He discussed the language clarifying that Metromedia would pay the franchise fee based on leasing their fiber lines (in response to Metromedia's concern with the Oregon Revised Statutes definition). Mr. Prosser said that Metromedia asked for an emergency clause in the ordinance to allow them to begin work immediately, rather than delaying 30 days. Mike Conners, Metromedia, explained that Metromedia was participating in the joint build and doing its own independent build at the same time. He indicated that Metromedia would accept a Council decision not to approve the emergency clause but stated that having it would allow them to get their right-of-way permits and move forward with construction. Mr. Conners indicated to Councilor Scheckla that they would install no poles; they were undergrounding their lines using a boring technique that minimized the disruption in the area. He conceded that Councilor Scheckla made a fair point about the gamble they took in installing these lines when the industry was such that some people would inevitably not make it. He held that that was not a concern at this time because they were on the forefront of this kind of business in meeting the abundant need for telecom services and likely to survive; there were not yet too many providers for the marketplace. Motion by Councilor Patton, seconded by Councilor Scheckla, to adopt Ordinance 00-25. The City Recorder read the number and title of the ordinance. ORDINANCE 00-25, AN ORDINANCE GRANTING TO METROMEDIA FIBER NETWORK SERVICES, INC., A FRANCHISE TO CONDUCT A TELECOMMUNICATIONS BUSINESS IN THE CITY OF TIGARD, OREGON, INCLUDING THE RIGHT TO PLACE POLES, WIRES AND OTHER APPLIANCES FOR TELECOMMUNICATIONS PURPOSES IN THE PUBLIC RIGHTS OF WAY AND AUTHORIZING THE MAYOR TO SIGN THIS AGREEMENT. Mr. Prosser clarified for Councilor Scheckla that the ordinance language simply covered any means by which a company could convey its service, including poles. He reiterated that Metromedia's intent was to underground its equipment. Council President Moore commented that typically these companies could not install poles in any case; they had to use existing utility and phone poles. Motion passed by unanimous roll call vote of the Council present. (Council President Moore, Councilors Hunt, Patton, and Scheckla voted "yes.") [4-0] CITY COUNCIL MEETING MINUTES -JULY 11, 2000 - Page 9 9. PARKS AND TRAILS UPDATE Mr. Wegner announced that tomorrow was Jeff Munro's last day at the City; he has accepted a job as Parks Supervisor at the City of Gresham. He reviewed Mr. Munro's excellent work and contributions to the City as Tigard's Parks Supervisor, mentioning his work on Woodard Park, the City Communication and Media Guide, the volunteer program, the Balloon Festival, and Trees 2000. He wished Mr. Munro the best. The Council concurred, with each Councilor congratulating Mr. Munro. John Roy, Property Manager, gave a PowerPoint presentation on the implementation of the Cook Park expansion Plan, adopted by Council in 1997 (see attachments). He reviewed the Master plan components and discussed which elements of the Master Plan staff has implemented in the past two years. He mentioned that the Bishop-Scheckla multiuse pavilion has been used for several cultural events since its dedication in September 1999. He noted the current projects underway, including the design of the emergency access trail from 85`h Avenue to Cook Park and the engineering design work for the remaining three phases of the expansion plan. Mr. Roy confirmed to Councilor Scheckla that the two-inch water line installed down to the picnic shelter by the riverfront provided potable water; all water in the park was potable. Mr. Roy reviewed the specific elements in the remaining three phases. He mentioned the scheduled completion dates for the design and construction of each phase. He pointed out that staff decided to complete the design work for each phase by October 2, 2000, so that they would have the plans needed for the scheduled construction (April 2001 to November 2003) in case the consultant doing the work went out of business (that happened with the first consultant, and they had to re-bid). He explained that staff staggered the construction of the three phases over the three years they were allowed for construction under the land use permit. Mr. Roy reviewed a map illustrating the locations of the projects in the three phases. He mentioned other activities in Cook Park not related to the expansion plan, including relocation of the horseshoe pit area. Mr. Roy reported that the trial dog off-leash area he implemented a year and a half ago in Cook Park along Riverwood Lane has not worked out. He mentioned numerous complaints from park users fearful of the dogs for themselves and their own leashed pets. He explained that they have realized that the location was inappropriate due to its proximity to a natural drainage swale and the Tualatin River; when pet owners did not clean up after their dogs, there was the risk of fecal choloform getting into the river. He said that they were looking at other parks for a more appropriate. Mr. Roy confirmed to Councilor Hunt that they were discontinuing the use and placing signs stating that dogs off leash were no longer allowed. Councilor Scheckla suggested the skateboarding area on the USA property. Jeff Munro, Parks Supervisor, gave a PowerPoint presentation on the staff work in other parks around the City. He noted that staff was working with the neighbors on developing Northview Park. He referred to the transplanting of rhododendrons to Summerlake Park, and the installation of an irrigation system. Mr. Munro discussed the lake weed harvesting at Summerlake. He explained to Councilor Scheckla that staff reduced the harvest from three times a year to two times a year (July, September) because they discovered that the annual growth pattern did not require three cuts a year. Mr. Wegner mentioned the Summerlake Task Force looking for a permanent solution to improving water quality at Summerlake. He indicated that the cost was $7,500 per harvest. ` Mr. Munro reviewed the improvements at Jack Park, mentioning the playground installed by staff in particular. He discussed the adopted paths and parks program. He noted the start construction dates for the two segments of the Fanno Creek Trail, with completion scheduled in October. CITY COUNCIL MEETING MINUTES -JULY 11, 2000 - Page 10 [7.7. Mr. Munro reported that staff reduced the priority on the "encroachment ordinance" (that is, adjacent property owners using City property for gardens, plantings) because the gentleman most concerned moved away; other neighbors have not made similar requests. Mr. Monahan pointed out that staff now had a mechanism to handle requests to encroach on City property, should any come forward. Mr. Munro reported that the State Parks Division did not grant Tigard's request for $50,000 to construct Tiedeman Woodard Park but did support them trying again next year. He explained that the Grant Selection Committee wanted to spread the available money around the state and Portland had more local funding available to match the grant than Tigard did. He indicated that the State Park Local Grant program would not award its grants until mid-July (Bond and Cache Creek properties). Mr. Munro stated that, to date, the City has planted 6,267 trees in the Tree 2000 program. He indicated that he expected that the new urban forester (starting on July 3 1 ) would be able to take the program further. Councilor- Hunt commented that lie had understood that the Atfalati group would build the playfields on the Gray property. Mr. Wegner explained that the City agreed to provide the design to insure that the fields were built to City specifications, and Atfalati agreed to construct the fields. Mr. Roy clarified that, although the map showed four Little League fields, in reality they were sports fields; the two outside fields would be permanent baseball fields while the two interior fields would be multi-use for soccer, baseball or other sports. He mentioned discussions of converting the two existing ballfields into soccer fields, and putting all the soccer fields on one side of the park and the baseball fields on the other side. Mr. Roy discussed the parks budget. He reviewed the $1,378,238 in allocations for the various projects next year out of the total budget of $1,430,389 revenue available from the various funds. He mentioned the $50,000 set aside for park construction to cover amenities as needed. Councilor Hunt asked if the emergency access trail would be big enough to run emergency vehicles over it. Mr. Roy said that the permit did allow emergency vehicle use but otherwise staff anticipated its use as a walking trail. He indicated to Councilor Scheckla that the State and Army Corps of Engineers permits for the wetlands prohibited general vehicular use of the trail. Councilor Hunt suggested advertising the covered area down by the river, as most people did not know it existed. Mr. Wegner indicated that the people have not been using it primarily because of the lack of water and restroom facilities near by. He discussed his belief that the use would pick up once those amenities were finished next week. Mr. Roy concurred. Councilor Hunt asked if anything could be done to make the trail along the riverfront usable year round. He noted that six months out of the year it %vas underwater. Mr. Roy concurred that it was a problem but noted the restrictions on development in that area because of the wetlands. He discussed the annual flooding of this section of a regional trail. He spoke of staff finding the design that would work best for the majority of the year. He noted that this was a common problem with Tigard parks and trails because most were associated with wetlands and storm drainage areas. Mr. Munro thanked the Council for its support of the parks. He stated that the City had an outstanding parks crew. 10. CONSIDER A RESOLUTION REAFFIRMING CONSENT TO FORMATION OF A NEW COUNTY SERVICE DISTRICT Mr. Monahan recalled that with Resolution 00-12, passed on March 28, 2000, the Council authorized him to enter into a memo of understanding regarding a new County service district (Atfalati Recreation District) with the other parties consistent with the exhibits in the package. He mentioned the proposal for an operating levy of 48 cents per $1,000 and a capital expense levy of 35 cents per $1,000. CITY COUNCIL MEETING MINUTES -JULY 11, 2000 - Page 11 Mr. Monahan discussed the determination of the Washington County Bond Counsel that sending both levies to the ballot as separate measures created the potential of a legal challenge, because the second measure would be for the capital expenses of a district not yet formed. He said that the Bond Counsel recommended combining the two rates into one permanent tax rate of 83 cents per $ 1,000. He noted that the City Attorney's Office concurred with the Washington County Counsel's opinion that the earlier resolutions passed by the jurisdictions were adequate and did not need changing. Mr. Monahan referenced the Council's interest at the June 27 study session in discussing whether it should affirm the earlier resolution. He presented a new resolution, which re-affirmed the Council's request to place the formation of a new County service district on the ballot and clarified that the Council understood that the combined tax rate would not exceed 83 cents per $1,000. He emphasized that if this resolution did not pass, then the Council's earlier Resolution 00-12 stood as the legal document of the City. Councilor Hunt questioned how the County could approve the changed proposal if the Council did not pass this resolution, as the Council had not intended to approve this kind of financing with the earlier resolution. Mr. Monahan indicated that the issue was that the resolution did not specifically bind the measure to an operating levy of 48 cents and a capital expense levy of 35 cents; the resolution authorized the City Manager to sign a memo of understanding. Mr. Ramis concurred that the County could rely on the original resolution in making its decision with respect to combining the tax rates. Councilor Hunt characterized the first resolution as intentionally vague and misleading. Mr. Ramis concurred with Councilor Scheckla that there was a difference between what the County was considering and the Council's earlier resolution. He commented that if the Council saw it as an important difference, then it should go on record stating that. He emphasized that if the Council did not do so, then the existing resolution prevailed. Motion by Councilor Scheckla, seconded by Councilor Hunt, to adopt Resolution 00-42. The City Recorder read the number and title of the resolution. RESOLUTION 00-42, A RESOLUTION OF THE CITY OF TIGARD, OREGON, REAFFIRMING ITS CONSENT TO FORMATION OF A NEW COUNTY SERVICE DISTRICT. Motion failed by split voice vote of the Council present. (Council President Moore and Councilor Patton voted `yes;' Councilors Hunt and Scheckla voted `no.') [2-2] Motion by Councilor Hunt, seconded by Councilor Scheckla, that the Council let the County know that the authority the Council gave to the City Manager to support this dirt not include a permanent tax levy of 35 cents, and that the Council does not favor that change. Councilor Hunt clarified that his intent was to advise the County that the Council did not favor the combined pernanent rate with respect to the Atfalati measure. Motion failed by split voice vote of the Council present. (Councilors Hunt and Scheckla voted `yes;' Council President Moore and Councilor Patton voted `no.') [2-2] 11. DISCUSSION OF VACANCY IN THE POSITION OF MAYOR Mr. Monahan noted the staff briefing of Council during the study session on the options available to fill the mayoral position under the Charter. Mr. Ramis referenced his memo describing the available options and issues involved in filling the vacancy. He pointed out that the critical issue discussed in the memo was the process by which the Council would fill the vacancy. He obscrvcd that the Council President served as mayor pro tem and carried out the ti~ayor's duties. Mr. Ramis reviewed the options of filling the vacancy by election, tilling the vacancy by direct appointment by the Council without an election, and filling the vacancy with an interim Council CITY COUNCIL MEETING MINUTES -JULY 11, 2000 - Page 12 appointee with an election later. He stated that the Charter did not specify any timing for the election. He noted that the City filing deadline for the November ballot was August 7. He emphasized that the first responsibility of the Council in this situation was to make a decision about the procedure that it would use to fill the position. Mr. Ramis confirmed to Councilor Hunt that, should the Council not agree on a process, the Council President would continue to perform the mayor's duties until the end of his appointment. He mentioned that the Council would decide about appointing a new Council President in January. Councilor Scheckla reiterated his concern that they would be left without a Council President following the November election, should Council President Moore not be re-elected. Council President Moore explained that his Council term and Council Presidency term both continued until January 1, even if he lost the election. Therefore, there would be no gap in Council leadership. Councilor Patton discussed her concern that the August 7 filing deadline for the November election did not allow sufficient time for the City to provide information to the citizens or for the citizens to seriously consider whether they wanted to run for the mayoral seat. She spoke to holding a March election. She mentioned the option of the Council appointing an interim mayor from the Council or the community. She said that she preferred having some time to think about the numerous options available before discussing the issue. Councilor Hunt spoke to the Council appointing an interim Mayor if they waited until April for the election. Council President Moore concurred with Councilor Patton about taking time to think over the information presented to the Council tonight. He said that the Council would discuss the issue at the workshop meeting next Tuesday. 12. COUNCIL LIAISON REPORTS: None. 13. NON-AGENDA ITEMS: None. 14. EXECUTIVE SESSION: Canceled. 15. ADJOURNMENT: 10:10 p.m. atto-u-PLt Attest: Catherine Wheatley, City Recorde A~V ~1/ Tiyor, Crty o ig rd Date: bjK le? c 1AADMICATHM M\000711.DOC CITY COUNCIL MEETING MINUTES -JULY 11, 2000 - Page 13 w. COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 9672 BEAVERTON, OREGON 97075 Legal Notice Advertising RECEIVED C.O.T. City of Tigard ° ❑ Tearsheet Notice r nrin 1 13125 S17 Hall Blvd. 'Tigard, 0.regon 97223 • ❑ Duplicate Affidavit Accounts Payable r~'~' ® a AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss' I, Xath)z Snvr3Pr being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of th6C1 g rd-T»a 1 ati n Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at ^iaard in the aforesaid county and state; that the Puhl i c TTPari ng/ZrA2non=(1( ono _C'rnca Annexation a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for TTIQ successive and consecutive in the following issues: June 22,29,2000 I Subscribed and sworn to b re me this 2 Q th d a y o f Ju n e, 2 0 0 0 v] _ } OFFICIAL SEAL f! _ ROBIN A. BURGESS Note Public for Oregon NOTARY PUBLIC-OREGON l--I COMMISSION NO. 062071 My Commission Expires: MY CCMMISSION EXPIRES MAY 16. 2001 W~ AFFIDAVIT - a ti The following will be considered by the Tigard City Council on July 11,J . 2000 at 7:30 p.m. at the. Tigard Civic Center - Town Hall Room, 13125 SW Hall Blvd., Tigard, Oregon 97223. Both public oral and written tes- timony are invited. The public hearing on this matter will be conducted in accordance with Chapter 18.390.060E of the Tigard Municipal Code, and rules and procedures of the Tigard City Council. Further information may be obtained from the Planning Division at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 639-4171. PUBLIC HEARING ITEM: ZONE CHANGE ANNEXATION (ZCA) 2000-00001 > CROSS ANNEXATION < The applicant is requesting to annex one (1) parcel of land consisting of 1.46 acres into the City of Tigard. LOCATION: 14504 SW Fern Street; WCTM 2S 104BC, Tax Lot 01200. APPLICABLE REVIEW , CRITERIA: Community Development Code Chapters 18.390 and 18.320; Comprehensive Plan Policy 10 (Urbanization), and Metro Code Chapter 3.09. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25¢) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST THIRTY (30) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILALE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25¢) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. VOS - ~4b awe at IISIT y TT9672 - Publish June 22, 29, 2000. C'IT'Y OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, begin first duly sworn, on oath, depose and y: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) a - S which were adopted at the Council Meeting dated 1 B copy(s) of said ordinance(s) being hereto attached and by r Terence made a part hereof, on the _ day o 20-Lt- 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Library, 13125 SW Hall Blvd., Tigard, Oregon 3. Tigard Water Department, 8777 SW Burnham, Tigard, Oregon Subscribed and sworn to before me this t q day of 20Q0 oFFiCALSEAL Not' Public for Oregon o Ltom 14OTMY PUBLIC-OREGON COMMISSION NO. S2M ] . nnv coMMIssioni EXPIRES FEB. zoos MY Commission Expires: Qoca e CITY OF TIGARD, OREGON ORDINANCE NO.00-.c;/ AN ORDINANCE GRANTING TO MCLEODUSA TELECOMMUNICATIONS SERVICES, INC. A FRANCHISE TO CONDUCT A TELECOMMUNICATIONS BUSINESS IN THE CITY OF TIGARD, OREGON, INCLUDING THE RIGHT TO PLACE POLES, WIRES, AND OTHER APPLIANCES FOR TELECOMMUNICATION PURPOSES IN THE PUBLIC RIGHTS-OF-WAY; AND AUTHORIZING THE MAYOR TO SIGN THIS AGREEMENT. WHEREAS, The ten-year franchise for the communication facilities and services provided by McLeodUSA Telecommunications Services Inc. (McLeodUSA), described in the title of this ordinance is now before the City Council for approval. The Council believes that the franchise should be approved under the terms and conditions set forth in Exhibit A, attached hereto, and by this reference made a part hereof. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1. The terms and conditions of the attached franchise agreement, Exhibit A, are hereby approved and adopted as part of this ordinance as if specifically set forth. SECTION 2. The Mayor is authorized and directed to sign the attached agreement on behalf of the Council. SECTION 3. The City Council determines that the fee imposed by this franchise is not a tax subject to the property tax limitations of Article Xl, Section 11 (b) of the Oregon Constitution. PASSED: By _Un(t Im SvoteQf all Council members present after being read by number and title only, this day of 000. henne Wheatley, City Record APPROVED: This day of , 2000. Brian J. Moore - Council President A proved as to7 rm: a ty Attorney 7 Date J ' EXHIBIT "A" A franchise agreement between the City of Tigard and McLeodUSA Telecommunications Services, Inc. (McLeodUSA). SECTION 1. Subject to the other terms and conditions set forth in this document there is hereby granted by the City of Tigard to McLeodUSA Telecommunications Services, Inc., (herein referred to as "Grantee"); its successors and assigns; subject to the development ordinances and regulations of the City, the right and privilege to conduct a telecommunications business within said City, or such other public property as may come within the jurisdiction of the City during the term of this agreement for the purpose of furnishing, telecommunications services as defined in State and Federal Law. This grant includes the right to erect, construct, place, replace, reconstruct, lay, maintain, and operate poles, wires, switching equipment, amplifying equipment, fixtures, facilities, appliances, structures and other devices including, but not limited to, electronic, optical and mechanical devices customarily associated with Grantee's function, and purpose of serving as a telecommunications utility. This franchise is granted solely for the privilege of providing telecommunications services as defined by State and Federal Law. This franchise does not include the right to conduct the business of providing a "cable system" as defined in applicable law. Should the Grantee desire to provide a cable system within the City, it must comply with the City's regulations relating to cable communications in force at that time. SECTION 2. It shall be lawful for Grantee to make all needful and necessary excavations in any of said streets, alleys, avenues, thoroughfares and public highways. SECTION 3. The Grantee shall file with the City Engineer or designee maps and materials showing all proposed underground construction work to include the installation of additional facilities or relocation or extension of existing facilities within any street, alley, road or other public way or place within the corporate limits of the City. The City will review the materials submitted and notify the Grantee of any City requirements. For repair work or other work not considered underground construction as stated above, the Grantee shall, if possible, notify the City of the location and general description of the work before beginning work. All work shall be done in a reasonably safe manner taking into account City standard traffic control procedures and in accordance with requirements of applicable federal laws, state laws, or City ordinances. In emergencies, such filings shall be submitted within thirty (30) days of completion of emergency construction work. mom e SECTION 4. When any excavation shall be made pursuant to the provisions of t7or~in ance, the Gr antee shall restore the portion of the street, allay, road, or puy or place to the same condition to which it was prior to the excavation. All such work shall be done in strict compliance with the rules, regulations, ordinances or orders which may be adopted from time to time during the continuance of this franchise by the City Council or City Engineer or as may be otherwise provided by law. The City shall have the right to fix a reasonable time within which such repairs and restoration shall be completed and upon failure of such repairs and restoration being made by grantee, City shall cause such repairs to be made at the expense of grantee. SECTION 5. The Grantee hereby agrees and covenants to indemnify, save harmless and defend the City and its officers, agents and employees from any and all damages, costs and expenses or claims of any kind whatsoever, or nature, arising from any injury to persons or property by reason of the negligent act or omission of the Grantee, its agents or employees in exercising the rights and privileges granted hereunder and by this franchise. SECTION 6. Provide and keep in force public liability insurance, with a thirty-day cancellation clause, with a combined single limit of one million dollars, relating to a single occurrence, which shall be evidenced by a certificate of insurance filed with the City Recorder. The City shall be named as an additional insured on the policy. The insurance shall indemnify and save the City harmless against liability or damage which may arise or occur from any claim resulting from the franchisee's operation under this chapter. In addition, the policy shall provide for the defense of the City for any such claims. SECTION 7. The City, by its properly constituted authorities, shall have the right to cause the grantee to move the location of any pole, underground conduit or equipment belonging to grantee whenever the relocation thereof shall be for public necessity, and the expense thereof shall be paid by the grantee. Such charges shall comply with state statutes and administrative rules. Whenever it shall be necessary for public necessity to remove any pole, underground conduit or equipment belonging to grantee or on which any wire or circuit of the grantee shall be stretched or fastened, the grantee, shall, upon written notice from the City, or its properly constituted authorities, meet with the City Engineer and agree in writing to a plan and date certain to remove such poles, underground conduit, equipment, wire or circuit, at grantee's expense, and if the grantee fails, neglects or refuses to do so, the City, by its properly constituted authorities, may remove the same at the expense of the grantee. The costs associated with the removal, relocation or extension of Grantee's facilities at the request of a private developer or development shall be bome by such private developer or development. SECTION 8. All notices and approvals required under this Agreement shall be in writing. The Grantee shall provide the City wiih the name, position and phone number of Grantee staff that can be contacted for administration of this Agreement and for contact with construction-related questions and comments. Such not ces and approval shall be directed to the City as follows: City Engineer. City of Tigard 13125 SW Hall Blvd., Tigard. Oregon 97223 (503) 639-4171 SECTION 9. Upon request of the City, the grantee shall provide available plans and locate any underground conduit or equipment belonging to grantee, as required for the preparation of construction drawings. SECTION 10. Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the wires, cables or other plant of grantee for the passage of buildings, machinery or other objects, grantee shall temporarily rearrange, remove, lower or raise, its wires, cables or other plant as the necessities of the case require; provided, however, that the person or persons desiring to move any such buildings, machinery or other objects, shall pay the entire actual cost to grantee of changing, altering, moving, removing or replacing its wires, cables or other plan so as to permit such passage, and shall deposit in advance with grantee a sum equal to such cost as estimated by grantee and shall pay all damages and claims of any kind whatsoever, direct or consequential, caused directly or indirectly by changing, altering, moving, removing or replacing of said wires, cables or other plant, except as may be occasioned through the sole negligence of grantee, grantee shall be given riot less than ninety-six (96) hours written notice by the party desiring to move such building or other objects. Said notice shall detail the route of movement of such building or other objects over and along the Streets, alleys, avenues, thoroughfares and public highways and shall bear the approval of the City. Such moving shall be with as much haste as possible and shall not be unnecessarily delayed or cause grantee unnecessary expense or waste of time. SECTION 11. In consideration of the rights and privileges hereby granted, grantee agrees to pay to the City five percent (5%) of the gross revenues derived from exchange access services, as defined in ORS 401.710 within the city limits less net uncollectibles. Such payments shall be made to the City every six months for the life of this agreement on or before March 15 for the six month period ended December 31, and September 15 for the six month period ended June 30. Such 5% payment will be accepted by the City from the Grantee also in payment of any license, privilege or occupation tax or fee charged for regulatory or revenue purposes. The 5% payment is not accepted in satisfaction of payments due to City for the failure of Grantee to perform any of Grantee's obligations pursuant to this franchise agreement including but not limited to Grantees' obligations to bear the cost of repairs under Section 4 and the cost of relocation under Section 6. • The City shall have the right to change the percentage of gross revenues set forth above at any ' tilme duri1n11y • agreement I g the life of this eprov ded it h4J II IV 441 ass made such notice in writing at least 180 days prior to the effective date of any change. The City shall have the right to conduct, or cause to. be conducted, an audit of gross revenues as defined herein. Such audits may be conducted at two year intervals beginning two years after the effective date of this agreement. The City shall conduct the audit at its own expense. Any difference of payment due either the City or Grantee through error or otherwise as agreed upon by both the City and Grantee, shall be payable within sixty (60) days after discovery of such error. SECTION 12. The rights, privileges and franchise hereby granted shall continue to be in full force for a period often (10) years from the date this ordinance becomes effective. It is understood and agreed that either party may terminate or renegotiate the terms of this agreement after 180 days notice in writing. This ordinance shall take effect and be in force on the day of its passage and approval. This ordinance shall be subject to any and all State or Federal laws and regulations. SECTION 13. The Grantee shall, within thirty (30) days of the effective date of this ordinance, file with the Recorder of the City its written acceptance of all the terms and conditions of the ordinance and if not so accepted by the Grantee, this ordinance shall be void. DATED this 141 day of J,6c-& , 2000. CITY OF TIGARD OREGON, a unicipal Corporation By: = t Council Pre-eldent Brian J.Moore ATTEST: awal-lvv Catherine Wheatley City Recorder i r r r ACCEPTANCE OF FRANCHISE WHEREAS, the CITY OF TIGARD, OREGON, under date of , 2000 passed ORDINANCE NO. , entitled as follows, to wit: AN ORDINANCE GRANTING TO MCLEODUSA TELECOMMUNICATIONS SERVICES, INC. A FRANCHISE TO CONDUCT A TELECOMMUNICATIONS BUSINESS IN THE CITY OF TIGARD, OREGON, INCLUDING THE RIGHT TO PLACE POLES, WIRES, AND OTHER APPLIANCES FOR TELECOMMUNICATION PURPOSES IN THE PUBLIC RIGHTS-OF-WAY; AUTHORIZING THE MAYOR TO SIGN THIS AGREEMENT; AND DECLARING AN EMERGENCY. NOW, THEREFORE, the undersigned, McLeodUSA Telecommunications Services, Inc. (McLeodUSA), the grantee named in said Ordinance, does for itself and its successors and assigns accept the terms, conditions and provisions of Ordinance No. and agrees to be bound thereby and comply therewith. IN WITNESS WHEREOF, McLeodUSA Telecommunications Services, Inc. (McLeodUSA) has caused this instrument to be executed by its officers as below subscribed this day of , 2000. By Received by the City of Tigard this day of , 2000. 17 CITY OF TIGARD, OREGON ORDINANCE NO. 00- o5 AN ORDINANCE GRANTING TO METROMEDIA FIBER NETWORK SERVICES, INC. A FRANCHISE TO CONDUCT A TELECOMMUNICATIONS BUSINESS IN THE CITY OF TIGARD, OREGON, INCLUDING THE RIGHT TO PLACE POLES, WIRES, AND OTHER APPLIANCES FOR TELECOMMUNICATION PURPOSES IN THE PUBLIC RIGHTS-OF-WAY; AUTHORIZING THE MAYOR TO SIGN THIS AGREEMENT; AND DECLARING AN EMERGENCY WHEREAS, The ten-year franchise for the communication facilities and services provided by METROMEDIA Fiber Network Services, Inc., described in the title of this ordinance, is now before the City Council for approval. The Council believes that the franchise should be approved under the terms and conditions set forth in Exhibit A, attached hereto, and by this reference made a part hereof. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1. The terms and conditions of the attached franchise agreement, Exhibit A, are hereby approved and adopted as part of this ordinance as if specifically set forth. SECTION 2. The Mayor is authorized and directed to sign the attached agreement on behalf of the Council. SECTION 3. The City Council determines that the fee imposed by this franchise is not a tax subject to the property tax limitations of Article XI, Section 11 (b) of the Oregon Constitution. SECTION 4. At the time of initial discussions with METROMEDIA concerning this franchise, the City used emergency clauses on franchises and METROMEDIA therefore developed construction plans assuming the immediate effectiveness of this ordinance. A 30 day delay will cause a hardship for METROMEDIA, therefore, an emergency is declared and this ordinance shall take effect upon its passage. PASSED: By UnaryogAs vote of all Council members present after being read by number and title only, this )l tll~ day of ~2000. Catherine Wheatley, City Recorder APPROVED: This day of , 2000. C Brian J. Moore`* Council President Approved as to form: i omey- o ) Date EXHIBIT "A" A franchise agreement between the City of Tigard and METROMEDIA Fiber Network Services, Inc. SECTION 1. Subject to the other terms and conditions set forth in this document there is hereby granted by the City of Tigard to METROMEDIA Fiber Network Services, Inc., (herein referred to as "Grantee"); its successors and assigns; subject to the development ordinances and regulations of the City, the right and privilege to conduct a telecommunications business within said City, or such other public property as may come within the jurisdiction of the City during the term.of this agreement for the purpose of furnishing telecommunications services as defined in State and Federal Law. This grant includes the right to erect, construct, place, replace, reconstruct, lay, maintain, and operate poles, wires, switching equipment, amplifying equipment, fixtures, facilities, appliances, structures and other devices including, but not limited to, electronic, optical and mechanical devices customarily associated with Grantee's function, and purpose of serving as a telecommunications utility. This franchise is granted solely for the privilege of providing telecommunications services as defined by State and Federal Law. This franchise does not include the right to conduct the business of providing a "cable system" as defined in applicable law. Should the Grantee desire to provide a cable system within the City, it must comply with the City's regulations relating to cable communications in force at that time. SECTION 2. It shall be lawful for Grantee to make all needful and necessary excavations in any of said streets, alleys, avenues, thoroughfares and public highways. SECTION 3. The Grantee shall file with the City Engineer or designee maps and materials showing all proposed underground construction work to include the installation of additional facilities or relocation or extension of existing facilities within any street, alley, road or other public way or place within the corporate limits of the City. The City will review the materials submitted and notify the Grantee of any City requirements. For repair work or other work not considered underground construction as stated above, the Grantee shall, if possible, notify the City of the location and general description of the work before beginning work. All work shall be done in a reasonably safe manner taking into account City standard traffic control procedures and in accordance with requirements of applicable federal laws, state laws, or City ordinances. In emergencies, such filings shall be submitted within thirty (30) days of completion of emergency construction work. SECTION 4. When any excavation shall be made pursuant to the provisions of this ordinance, the Grantee shall restore the portion of the street, alley, road, or public way or place to the same condition to which it was prior to the excavation. All such work shall be done in strict compliance with the rules, regulations, ordinances or orders which may be adopted from time to time during the continuance of this franchise by the City Council or City Engineer or as may be otherwise provided by law. The City shall have the right to fix a reasonable time within which such repairs and restoration shall be compleizd and upon failure of such repairs and restoration being made by grantee, City shall cause such repairs to be made at the expense of grantee. SECTION 5. The Grantee hereby agrees and covenants to indemnify, save harmless and defend the City and its officers, agents and employees from any and all damages, costs and expenses or claims of any kind whatsoever, or nature, arising from any injury to persons or property by reason of the negligent act or omission of the Grantee, its agents or employees in exercising the rights and privileges granted hereunder and by this franchise. SECTION 6. Provide and keep in force public liability insurance, with a thirty-day cancellation clause, with a combined single limit of one million dollars, relating to a single occurrence, which shall be evidenced by a certificate of insurance filed with the City Recorder. The City shall be named as an additional insured on the policy. The insurance shall indemnify and save the City harmless against liability or damage which may arise or occur from any claim resulting from the franchisee's operation under this chapter. In addition, the policy shall provide for the defense of the City for any such claims. SECTION 7. The City, by its properly constituted authorities, shall have the right to cause the grantee to move the location of any pole, underground conduit or equipment belonging to grantee whenever the relocation thereof shall be for public necessity, and the expense thereof shall be paid by the grantee. Such charges shall comply with state statutes and administrative rules. Whenever it shall be necessary for public necessity to remove any pole, underground conduit or equipment belonging to grantee or on which any wire or circuit of the grantee shall be stretched or fastened, the grantee, shall, upon written notice from the City, or its properly constituted authorities, meet with the City Engineer and agree in writing to a plan and date certain to remove such poles, underground conduit, equipment, wire or circuit, at grantee's expense, and if the grantee fails, neglects or refuses to do so, the City, by its properly constituted authorities, may remove the same at the expense of the grantee. The costs associated with the removal, relocation or i extension of Grantee's facilities at the request of a private developer or i development shall be borne by such private developer or development. SECTION 8. All notices and approvals required under this Agreement shall be in writing. The Grantee shall provide the City with the name, position and phone number of Grantee staff that can be contacted for administration of this Agreement and for 3 contact with construction-related questions and comments. a w.. Such notices and approval shall be directed to the City as follows: City Engineer. City of Tigard 13125 SW Hall Blvd., Tigard, Oregon 97223 (503) 639-4171 Such notices and approval shall be directed to the Grantee as follows: METROMEDIA Fiber Networks Services, Inc. Office of Legal Affairs 1 North Lexington Ave. White Plains. New York 10601 SECTION 9. Upon request of the City, the grantee shall provide available plans and locate any underground conduit or equipment belonging to grantee, as required for the preparation of construction drawings. SECTION 10. Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the wires, cables or other plant of grantee for the passage of buildings, machinery or other objects, grantee shall temporarily rearrange, remove, lower or raise, its wires, cables or other plant as the necessities of the case require; provided, however, that the person or persons desiring to move any such buildings, machinery or other objects, shall pay the entire actual cost to grantee of changing, altering, moving, removing or replacing its wires, cables or other plan so as to permit such passage, and shall deposit in advance with grantee a sum equal to such cost as estimated by grantee and shall pay all damages and claims of any kind whatsoever, direct or consequential, caused directly or indirectly by changing, altering, moving, removing or replacing of said wires, cables or other plant, except as may be occasioned through the sole negligence of grantee, grantee shall be given not less than ninety-six (96) hours written notice by the party desiring to move such building or other objects. Said notice shall detail the route of movement of such building or other objects over and along the streets, alleys, avenues, thoroughfares and public highways and shall bear the approval of the City. Such moving shall be with as much haste as possible and shall not be unnecessarily delayed or cause grantee unnecessary expense or waste of time. SECTION 11. In consideration of the rights and privileges hereby granted, grantee agrees to pay to the City five percent (5%) of the gross revenues derived from exchange access services, as defined in ORS 401.710, and lease revenues to the extent that lease revenues are separate from and in addition to revenues derived from exchange access services within the city limits less net uncollectibles. Such payments shall be made to the City every six months for the life of this agreement on or before March 15 for the six month period ended December 31, and September 15 for the six month period ended June 30. Such 5% payment will be accepted by the City from the Grantee also in payment of any license, privilege or occupation tax or fee charged for regulatory or revenue purposes. The 5% payment is not accepted in satisfaction of payments due to City for the failure of Grantee to perform any of Grantee's obligations pursuant to this franchise agreement including but not limited to Grantees' obligations to bear the cost of repairs under Section 4 and the cost of relocation under Section 6. The City shall have the right to change the percentage of gross revenues set forth above at any time during the life of this agreement provided it has made such notice in writing at least 180 days prior to the effective date of any change. The City shall have the right to conduct, or cause to be conducted, an audit of gross revenues as defined herein. Such audits may be conducted at two year intervals beginning two years after the effective date of this agreement. The City shall conduct the audit at its own expense. Any difference of payment due either the City or Grantee through error or otherwise as agreed upon by both the City and Grantee, shall be payable within sixty (60) days after discovery of such error. SECTION 12. The rights, privileges and franchise hereby granted shall continue to be in full force for a period of ten (10) years from the date this ordinance becomes effective. It is understood and agreed that either party may terminate or renegotiate the terms of this agreement after 180 days notice in writing. This ordinance shall take effect and be in force on the day of its passage and approval. This ordinance shall be subject to any and all State or Federal laws and regulations. SECTION 13. The Grantee shall, within thirty (30) days of the effective date of this ordinance, file with the Recorder of the City its written acceptance of all the terms and conditions of the ordinance and if not so accepted by the Grantee, this ordinance shall be void. DATED this 111 day of , 2000. U CITY OF TIGARD OREGON, a Municipal Corporation b Bcian J. e - Council President ATTEST: 1L l~l,Q Catherine Wheatley City Recorder ACCEPTANCE OF FRANCHISE WHEREAS, the CITY OF TIGARD, OREGON, under date of , 2000 passed ORDINANCE NO. , entitled as follows, to wit: AN ORDINANCE GRANTING TO METROMEDIA FIBER NETWORK SERVICES, INC. A FRANCHISE TO CONDUCT A TELECOMMUNICATIONS BUSINESS IN THE CITY OF TIGARD, OREGON, INCLUDING THE RIGHT TO PLACE POLES, WIRES, AND OTHER APPLIANCES FOR TELECOMMUNICATION PURPOSES IN THE PUBLIC RIGHTS-OF-WAY; AUTHORIZING THE MAYOR TO SIGN THIS AGREEMENT; AND DECLARING AN EMERGENCY. NOW, THEREFORE, the undersigned, METROMEDIA Fiber Network Services, Inc., the grantee named in said Ordinance, does for itself and its successors and assigns accept the terms, conditions and provisions of Ordinance No. and agrees to be bound thereby and comply therewith. IN WITNESS WHEREOF, METROMEDIA Fiber Network Services, Inc. has caused this instrument to be executed by its officers as below subscribed this day of , 2000. By - Received by the City of Tigard this day of , 2000. k AGENDA ITEM # _ Study Session FOR AGENDA OF 7/11/00 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Discussion about revision to I GA creating he Int rgovernmental Wate Roard PREPARED BY: -Ed Wegner DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Discussion with City Attorney and Staff regarding revisions to IGA forming the Intergovernmental Water Board. STAFF RECOMMENDATION Review, discuss and advise City Attorney and Staff on proceeding with IWB members. INFORMATION SUMMARY The IWB asked staff on how the relationship between Tigard, Durham, King City and the remnant water district could be structured if Tigard seeks voter approval for using water from the Willamette River as a source for its municipal water supply. Other jurisdictions also want to put the issue to a public vote. See the attached memo from City Attorney Ramis outlining our options. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Secure a long term water supply. FISCAL NOTES N/A i:kitywidc\sum.dat RAMIS CREW CORRIGAN 503 243 2944 Jun 9.00 8:57 No.002 P.02 RAMS DRAVIF CecE CORRIGAN & BACHRACH, LLP ATTORNEYS AT LAW aPonl N.W. reIloyl g Street MEMORANDUM land, ores 97roo2119 (SM) 222.4402 r+ax: (307) 241.2944 THIS MEMORANDUM CONSTITUTES AN ATTOR,N YICLIENT CO1V MUNICATION, AND AS SUCH IS A RECORD EXEMPT FROM PUBLIC. INSPECTION PURSUANT TO OILS 192.502(9). TO TIME EXTENT IT IS DISCUSSED DURING A PUBLIC MEETING, THAT DISCUSSION SHOULD OCCUR IN AN EXECU11VE SESSION HELD PURSUANT TO ORS D 92.rSG0(1)(~. TO: Ed Wagner City of Tigard FRONT: Timothy V. Ra mis, Gary Firestone, City Attorney's Office DATE: May 31, 2400 RE: Water Supply Issues ISSUE You have asked for our advice on how the relationship between Tigard, Durham, King City and the remnant waiter district could be structured if Tigard seeks voter approval for casing water from the Willamette River ats a source for its municipal water supply and the other jurisdictions also want to put the issue to a public vote. SUMMARY Each jurisdiction mmgt vote separately. Saeb jurisdiction is a separate governing entity, and therefore each must undertake voting matters separately. o Absent as charter provision to the contrary, the choice of a waiter source Is an administrative decision, and ii>:e rbrc, ibr jurisdictions oth: d Tigard, the vote could be eubmittod as an RAMIS CREW COP,P,IM4 503 243 2944 Jun 9.00 8:58 No.002 P.03 i MemOrandum rc; Water Supply Issues May 31, 2000 Page 2 advisory votes only. • The current IGA9 require approval of duce out of four jurisdictions for water supply contracts, This provision does not apply to Willamette River water obtained under a water right held by Tigard. As a legal matter, Tigard could pursue this option without approval of other jurisdictions. a There arc several possible changes that could be made to the IGA9, depending on the desired policy outcome. Examples of possible language changes are provided. DISCUSSION I. Singer Multiple =s. An initial issue is whether each jurisdiction votes separately or whether all persons receiving water can join together in a single vote on the Issue. We conclude that the votes have to be separate (although they can all be at the same election) for two reasons. First, no entity has the authority to call an election for the entire area, Except for annexation elections, the cities and the remnant district they can call elections only within their own territory. The second reason requiring separate votes in each jurisdiction is that eta area-wide vote would not comply with Tigard. Charter Section S 1, which requires voter approval at a city-wide election for use of the Willamette as a water source for the City. 2, lj~d~g vs. Advisory e. If the other jurisdictions want to vote on the issue, several decisions will need to be made ds to how to structure the voting and how to deal with the various possible outcomes. For jurisdictions other than Tigard. the vote could be submitted as an advisory vote only. Absent a charter provision requiring a vote, the decision on water source Is an administrative decision, not a legislative one, and therefore not one that would normally be binding, If the other jurisdictions want to make the vote binding, they would have to amend their charters or codes to make the vote binding, 1 3. Cu=ntly, Appmval of Other Jurisdiglio s isNot Requim . The current IGAs do not directly authorize other jurisdictions to have an approval role in selecting a water source. The one provision that comes closest is the provision relating to water supply contracts. Long term water supply contracts must be approved by three of the four jurisdictions. If the parties were contracting for Willamette water, this provision would be '-P.AMIS CREW CORRIGAN 503 243 2944 Jun 9,00 3:59 No.002 P.04 Memorandum M Water Supply Issues May 31, 2000 Page 3 applicable. I Iowever. the Willamette owater pmbably will be obuined under a water right hold, in whole or in part, by Tigard, Because the water would be taken under Tigard's water right, no water supply contract wo`ild be involved and this provision would not be applicable. No other provisions of the 1GA9 apply. If other jurisdictions are to have a mandated approval role in the choice of supply dcclsion, revisions to the IGA would be needed. 4. Met of Maud . Vote. Tigard Is required to have a public vote.on using Willamette water. If Tigard votes no, the Willamette is not a viable option for the other jurisdictions under the current system. The system is integrated and Is run by Tigard. It is not currently possible to serve the other jurisdictions with Willamette water and keep Willamette water out of Tigard's system without major restructuring of both the relationships between the parties and the physical system. Any changes to the IGAs should rccognizc that an aff miative vote by Tigard is it prerequisite to use of Willamette water.' 5. Options, There an several options if Tigard votes in favor of Willamette water. The first option Is for the other jurisdictions simply to accept Tigard's decision. That could be aceompliAhed under the current 1GAs because nothing in the current 1GA'a gives the other jurisdictions any role in selecting the water source so long as the water source is not obtained by a longterm water supply contract. The second option is to require unanimity among the four jurisdictions before obtaining Willamette water. This approach would preserve the current system and avoid the technical problems that would result if one or more of the jurisdictions refused Willamette water but wu connected to a system that used Willamette water. A third option is to adopt an approach similar (although not identical) to the currant system of approving water supply contracts. If Tigard and any two other jurisdictions decide in favor of Willamette water. all jurisdictions will accept Willamette water. This option will not be possible if any of the other Jurlsdictions adopt a charter provision similar io i igard's, but would be possible if the vote in each jurisdiction is advisory only. 'Alternatively, if Tigard votes no and the other jurisdictions want to use Willamette water, the current arrangement could be tcrmhuted, with Tigard no loner playing a role in providing water to the other jurisdictions. '•P,AMIS CREW CORRIGAN 503 243 2944 Jun 9,00 9:00 No.002 P.05 Memorandum rc: Watcr Supply Issuer May 31, 2000 Page 4 A final option is to allow any other party that wants Willamette water to remain in the system if Tigard votes in favor of Willamette water, but allow or require any jurisdiction that doesn't want Willamette water to withdraw from the system. This would probably require some restructuring of the physical system. The following language could be used to incorporate the various options into the 10As: OPTION 1 Tigard, King City, Durham, and the District have explored various options for water supply, including obtaining water from the Willamette River. Tlgard's charter requires a vote of the electors before Willamette River water may be used as A. source ofT'igard's municipal water supply. Becatoc of Tigard's role in the water system, approval of Tigard's electorate is necessary before Willarette water can be used in the water system. Approval of the voters in the other jurisdictions is not required. The other jurisdictions will acceptWillamette water ifTigard's voters approve the use of Willamette water. If Tigard's voters approve the use of Willamette water, the Willamette River may be used as a source of water for the system. OPTION 2 Tigard, Tiring City, Durham, and the District have explored various options for water supply, including obtaining water from the Willamette River. Tigard's charter requires a vote of the electors before Willamette River water may be used as a source of Tigard's municipal water supply. Because ofTigard's role in the water supply system, approval ofTigard's electorate is necessary before Willamette water can be used in the water system., The source of the water used in the system is also a matter of concern for the other jurisdictions. Therefore, the Willamette River may be used as a source for water for the water supply system only if approved by each of the four jurisdictions. Each jurisdiction shall determine its own procedure for approving or rejecting the Willamette River as a a water supply source. i i OPTION 3 i Tigard, King City, Durham, and the District have explored various options for water supply, including obtaining water from the Willamette Isttiver. Tigard's charter requires a vote of the electors berore Willamette River water may be used as a source of,Tlgard's municipal water supply. Because a of Tigard'a role in the wager supply system, approval of Tigard's electorate is necessary before Willamette water can be used in the water nystern. The source of the water used in the system is also a maiter of concern for the other jurisdictions. 11mefore, the Willamette River may bo used as a `•RAMIS CREW CORRIGAN 503 243 2944 Jun 9.00 9:00 No.002 P.06 Memorandum re: Water Supply Issues 5 May 31, 2000 Pago 5 source for water for the water supply system only if approved by Tigard and two of the other three jurisdictions. Any jurisdiction not approving the use of Willamette water may withdraw from the system il'the Willamette River will be used as a source of water for the system. OPTION 41 '11gard, King City, Durham, and the District have explored various options for water supply, including obtaining water from the Willamette River. Tigard's charter requires a vote of the electors before Willamette Diver water may be used as it source of Tigard's municipal water supply, Because of Tigard's role in the water supply system, approval of'I agaM's electorate is necessary before Willamette water can be used In the water system. The source of the water used in the system Is also a matter of concern for the other jurisdictions. If 1'igard's voters approve Ow use of Willamette water, the system may use the Willamette as a source for water, and any jurisdiction that does not accept Willamette water as a water source may withdraw from the system. 01111/1'Marb tvrA1prd1watedwcUncrMm1 Jul-11-00 03:12P Gretchen Buehner (503) 684-1437 l P_01 [_!1!FTCHEN E. Bl1F_,HNER 7-fl ' OO ATTORNEY AT LAW P.O. Box 1233 ell, Portland, Or 97207-1233 TIGARD SYI. AN (503) 684.1031 (503) 2974548 FAX (563) 684-1437 FAX (503) 292-2466 FACSIMILE TRANSMISSION TO: CATHY, CITY OF TIGARD FAX NUMBER: $03 684-7297 FROM: GRETCHEN E. BUEHNER DA'Z'E: 7/11100 RE: Intergovernmental Water Agreement This is page one of Y MESSAGE: Enclosed is the letter I spoke to you about. Please see that each member of the council and Ed gets a copy. Thanks for your assistance. Gretchen E. Buehner IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL :503 684-1031 G.J i This facsimile transmission contains confidential andJor ptivilegeiJ Information from the file of Gretchen E. Buchner, i intended only for use of individual(s) named on the transmission sheet. If you art not intended recipient, you are hereby a notified that any disclosure, copying, distribution or is ~ kung of any action in reliance on the contents of this facsimile transmission is strictly prohibited if you have received this transmission 1n error, please notify us by telephone a immediately, so that we can arrange for return of the documents to us at no coat to you. i i S Jul-11-00 03:12P Gretchen Buchner (503) 684-1437 P.02 CPO 4K July 11, 2000 City C(nMcil Members City of Tigard Intergovernmental Water Board 13125 SW Ball Blvd, 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 Dear Ladies and Gentlemen: CPO aK is concerned about the disenfranchisement of its citizens about issues relating to water service. When Citizens for Safe Water's initiative was filed in 1999, only citizens of the City of Tigard were entitled to vote. Citizens of King City, Durham and the unincorporated areas were denied the right to vote, while citizens in Tigard served by a different water district could vote. CPO 4K is the Washington County citizen participation organization representing citizens of King City and the surrounding unincorporated area. Almost all of the CPO area outside of King City is within the Tigard Water District Board service area. The issue has arisen again with placement of Bill Sizemore's Measure 47 on the November ballot. This initiative would require a vote of rate payers for rate increases over 3 percent. The areas outside of the City of Tigard will be denied their right to vote again. This is unjust to ratepayers. CPO 4K passed a resolution by unanimous vote at its June 22, 2000 meeting, requesting that the water service district government and the Intergovernmental Agreement be restructured. to enfranchise all of the rate payers. The City of Tigard would continue to manage day-to-day operation of the water system. Only restructuring of the district will enfranchise the rate payers living outside of the City of Tigard, and eliminate Tigard residents served by the Metzger water district. In addition, the currant agreement has many deficiencies. A glaring example is a provision stating that Tigard does not have to serve areas not already within the water district in 1993. Rapid growth in the unincorporated area will require the water districtto be expanded substantially. Part of reserve area 47 brought into the UGB in 1998 is not in the district. It is anticipated that half of reserve area 49 will be brought into the UGB within the next year. 9 n it is time to bring the lntergovenunental Agreement into the 2 V century. CPO representatives will be glad N to work with all ofthe of cities and TWD to restructure the agreement. Your prompt assistance is appreciated, -4 Very truly yours, Gretchen E. Buehner President, CPO 4K cc: City Council, City of Durham; City Council, City of King City; Members, Tigard Water District r, . ~ S oc/,j 5-,C, uv1 See also item I/ RAMIS _ CREW CORRIGAN & BACHRACH, LLP ATTORNEYS AT LAW 1727 N.W. Hoyt Street MEMORANDUM Portland, Oregon 97209 (503) 222-4402 Fax: (503) 243-2944 TO: Tigard City Council and William A. Monahan, City Manager FROM: Timothy V. Ramis, City Attorney DATE: July 11, 2000 RE: Mayoral Position The recent passing of Mayor Nicoli creates a vacancy in the mayoral position on the City Council. This memo will provide the City with the legal requirements and the options available for filling this vacancy. Vacancy By operation of the Charter, the position of Mayor is now vacant. Section 32 of the Tigard Charter states that an office shall be deemed vacant upon the incumbent's death. Council President Brian Moore is the current Council President. This person is chosen at the first meeting of each odd numbered year. Section 18 of the City's Charter states that, "Whenever the mayor is physically or mentally unable to perform the functions of office, the president shall act as the mayor pro tem." The Council President has been signing documents and performing the functions of the Mayor's office when Mayor Nicoli was not available. Under the Charter this can continue. The Council need not take formation action to appoint the Council President as Mayor Pro Tem. It may do so if it wishes. Memorandum re: Mayoral Position July 11, 2000 Page 3 3. Hold an election at a date other than November 2000. The Council would to hold an election at some point, but could choose a later election date. With this option, the Council may choose to appoint a person who: a. Promises not to run for Mayor at the later election date, or b. May choose to run for Mayor at the later election date. Or, the Council may choose to leave the position vacant until the election is held. Charter Section 7 states that, "In the event the office of mayor becomes vacant before the normal expiration of its term a special election may be held at the next available date to fill the office for the unexpired term." Again, as the word "may" indicates, holding a special election at the next available date is not mandatory. 4. Fill the vacancy by appointment for the remainder of the term and hold no election until November 2002. 5. Do nothing; operating with a four-person Council, until the November 2002 election. Filling Mayoral Position by Election As discussed above, the Council may hold a special election at the next available date to fill the mayoral position for the unexpired term. However, this is not a required action. Mayor Nicoli's term expires December 31, 2002. If an election is held in November 2000, the person elected to fill the office for the unexpired term will hold the position of Mayor for approximately two years. 3 The next available election is November 7, 2000. The County Clerk's deadline for filing at this election a is September 7, 2000. Therefore, the City's deadline for the mayoral position, as required by TMC §2.40.030 is, August 7, 2000. w Memorandum re: Mayoral Position July 11, 2000 Page 2 If the Council President becomes Mayor Pro Tem, the Council may appoint a new Council President to serve until the first meeting of 2001, at which time a new Council President will be elected by the Council for a two year tern. The Charter is silent as to whether an interim appointment for Council President is required if the current Council President becomes Mayor Pro Tem. The Council may wait until the first meeting of 2001 to elect a new Council President, but would have no acting Council President in the instance the Mayor Pro Tem is absent from a meeting. Filling Mayoral Position Vacancy There are numerous options to choose from for filling the vacant mayoral position. The Council may fill the vacancy by appointment or by election. It may choose to fill the vacancy on an interim basis or leave the seat unfilled until an election is held. The Charter does not preclude leaving the seat unfilled until the end of the term. The vacancy may be filled by an election, by interim appointment until an election can be held, or by appointment for the remainder of the term, with variations on each option: 1. Do not fill the vacancy until a person can be elected at the November 2000 election to fill remaining term. Section 7 of the Charter states that, "The council may appoint a person to fill a vacancy until an election can be held." As the word "may" indicates, filling the vacancy by appointment is not a mandatory action. 2. Fill the vacancy with an interim person until a person can be elected at the November 2000 election to fill remaining term. With this option the Council can choose to appoint a person who: a. Promises not to run for Mayor at the November 2000 election, or b. May choose to run for Mayor at the November 2000 election. The Council could also opt to hold an election in November 2000, but not fill the vacancy until after August 7, 2000 (the filing deadline for mayoral candidates for the November election), thus assuring that the appointee will not run for Mayor in November. Memorandum re: Mayoral Position July 11, 2000 T_ rage 4 In order for current Council members to be candidates for the mayoral position at the November 2000 election, they must resign from their current office at the time of filing for the mayoral role. Such resignation cannot be withdrawn. The resignation shall provide for termination of the signer's service in the office not later than the last day before service would begin in the office for which that person sought to be a candidate. Charter Section 7 provides for term limits for all Council positions. It states that no person shall serve on the City Council for more than twelve consecutive years. Filling a vacancy does not count toward the 12 consecutive year limit. Furthermore, filling a vacancy does not start over the 12 consecutive year time limit, unless there is a break in service. Based on the 12 consecutive year time limit, all current Council members are eligible to run for Mayor in the November 2000 election. Filling Mayoral Position Vacancy by Appointment As discussed above, the Council may fill the vacant mayoral position by appointment. However, appointment is not required. As noted above, the Council may also appoint on an interim basis until an election is conducted. If the Council chooses to appoint someone to fill the mayoral position vacancy, a process for choosing the appointee will have to be agreed on. Interviews are not required, but if interviews are held, they may not be held in executive session. Effect of Election or Appointment of Current City Council Member on the City Council If a current Citv Council member chooses to run for Mayor, that person must resign from their current position as discussed above. Their current position becomes vacant on the effective date of the resignation or on the last day of service before they take office as Mayor. If a current City Council member is appointed to the mayoral position, their current position becomes vacant on the effective date of appointment. Filling the vacancies left by the election or appointment of current City Council members is a similar process to the process discussed in this memorandum. However, our office would be happy to assist the City in clarifying its options for filling council vacancies when the need arises. i T~Ti acmi 90024.'mayorpositi on. me3 JIY'US CCU t/) ShICIL~ C`L ~L MEMORANDUM PITY OF TIG RD, 0-RUEG-000 TO: City Council] j FROM: Bill Monahan DATE: July 7, 2000 SUBJECT: Establishing a Park Named after Jim and Dave Nicoli With the change of events caused by the Mayor's passing on Friday, I did not prepare a memo regarding the naming of the proposed new fields at Cook Park after the Nicoli brothers. I have attached a copy of Resolution No. 99-37 establishing a policy for placing memorials. Perhaps we can discuss this at the July 11 meeting as to how Council wishes to proceed. aft INADMOLLW ICOLI PARK NAMING PROPOSAL.DOC CITY OF TIGARD, OREGON RESOLUTION NO. 99-37 A RESOLUTION ESTABLISHING A POLICY OF THE CITY COUNCIL ON PLACING MEMORIALS IN CITY PARKS. WHEREAS, the Tigard City Council desires to have a policy for designating memorials within City park facilities, City-owned properties and with the naming of building and park properties; and WHEREAS, the City Council recognizes that over the past several years, various park lands have been acquired by the City of Tigard and various facilities have been built at City parks and properties which could appropriately be named in memory of individuals who have provided service to the community; and WHEREAS, in the past the City has named properties or facilities in memory of individuals without the benefit of an established City policy; and WHEREAS, the Council wishes to have a formal policy to apply for official naming of City parks, facilities and features within parks. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Council hereby adopts the Memorial Policy described in Exhibit "A" attached hereto. LiA PASSED: This day of 1999. or - City of Tigard ATTEST: City Recorder - City of Tigard iAadmtcathytcouncillresolution mcmorial policy.dot RESOLUTION NO. 99-,3"7 Page 1 EXHIBIT "A" TIGAR.D MEMORIAL POLICY FOR NAMING CITY PARK FACILITIES, DISTINCT ELEMENTS WITHIN CITY-OWNED PROPERTIES, AND CITY BUILDINGS PURPOSE: To outline the policy, criteria and process for designating memorials within City park facilities, distinct elements within City-owned properties and naming of buildings and park properties. BACKGROUND: As the City adds parks, open spaces and public facilities by acquisition and donation, the City has found that there is a need for a process to honor individuals or groups by naming City parks, distinct elements within City-owned properties or City buildings and to place memorials to advise the public of the recognition. In addition, the City has been the recipient of bequests which have required that the City recognize the financial contributions by memorializing the gift in some way. Finally, in the past, the City has accepted as a term of purchase of park land a requirement that the City acquired property be developed into a park with a specified park name. In order that the City Council and staff have guidelines to. follow when considering requests that memorials be placed within City park facilities or that City parks or buildings be named after individuals, a policy should be in place. POLICY: Land, facilities and features within property owned by the City of Tigard will be named through an administrative process in accordance with established criteria that emphasize community identity and service to the community. Criteria for naming City park facilities, distinct elements within City-owned properties, and City buildings: 9. Memorials within City park facilities - Memorials included within this category are memorials which would be placed on or near basic park amenities, such as benches, picnic tables, trees, shrubs and plaques. If the memorial meets park standards for construction and materials, the Parks Division will assume I maintenance responsibility for the useful life of the memorial. Replacement of the memorial shall be at the discretion of the Parks Division staff. Interested { parties must submit a written request to the Parks Division regarding the type of memorial, proposal occasion and significance of the memorial. s I I x Parties interested in placing memorials shall be financially responsible for the purchase of the memorial. An extensive review process is not necessary for these types of memorials. These requests shall be handled administratively by the Parks Division to ensure that City standards are met. The Parks Division has the right to adjust the location of the proposed memorial. The Parks Division shall notify the City Council of any actions taken to accept and place new memorials within City parks. The standards that the Parks Division will follow in regard to park memorials are: a) Benches - benches must be made of wood, contoured or flat-styled pedestal, outdoor benches unless an alternative material is approved by the Parks Division upon a finding that there are circumstances that exist that make it appropriate to use the alternative material. Any bench to be contributed as a memorial and to be placed within City park facilities shall be purchased through a Parks Division approved i manufacturer. A brass plaque may be attached to the bench but shall i i be no larger than 2 Y2 x 6 inches in size. Prior to purchasing any bench for display in City parks, an interested party must contact City i staff and review the example of approved benches maintained by the 3 a City staff. b) Trees - trees planted at City facilities as memorials must be at least 2 inches caliper, native to the area and fit into the existing landscape scheme of the park area or fit into the adopted plan for tree planting in that area. c) Plaques - plaques may be placed in conjunction with a shrub or tree which are donated to the City as a memorial. Plaques shall not be placed as stand alone features. Plaques must be made of bronze and be no larger than 8 Y2 x 11 inches in size. Plaques must be set in concrete, aggregate rock, or a boulder. City staff shall review the design of plaque and setting. Examples of the type of plaques approved by the City shall be made available by Parks staff. 2. Distinct elements within City-owned parks - Memorials can be placed at distinct elements of City-owned properties, such as shelters, sports fields, gardens, wetlands, tenp is courts, rooms, fountains, ponds, paths, art, etc. Individuals interested in having a distinct element named in honor of an individual are required to submit a written request to the Tigard City Council regarding the particular type of amenity in which they are interested in sponsoring. Applications shall be made through the Parks Division. Requests for such amenities may be made to honor an individual who has passed away or as an honorarium for someone who is living and has made a contribution to the City, either financially or through civic duty. Review of .requests shall be made by the City Council. Council approval is needed. Guidelines regarding signage shall be adopted by Council based on recommendations made by the Parks Division. The standards that the Parks Division will follow in regard to signage will be kept on record at the Public Works office. Examples of suitable signage will be available for public viewing. 3. Naming of buildings and park properties - City buildings and park properties may be named to honor individuals or groups. Interested parties shall submit a written request to the Tigard City Council regarding the property or building which they are interested in having Council name in honor of an individual or group. In addition, the City Council on its own motion, may consider naming a building or park. This type of memorial requires extensive review and Council approval in the form of a resolution. City staff will deal with guidelines for Council consideration. The standards that the Parks Division will follow in regard to signage will be kept on record at the Public Works office. Examples of suitable signage will be available for public viewing. L\adm\memorial policy.doc 1~ re AGENDA ITEM NO.2 - VISITOR'S AGENDA DATE : July 11, 2000 (1 ted to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED Alle (I., +5cab ~i7io Sub la y r !/lSIT®I4'3 AGENDA Page'! mile Agenda item No. 3 Z a. MEMORANDUM Meeting of 7-1 / Ua CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council FROM: Bill Monahan DATE: July 3, 2000 SUBJECT: COUNCIL CALENDAR, July 2000 - September 2000 Regularly scheduled Council meetings are marked with an asterisk If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. July 4 Tues Fourth of July Holiday - City Offices Closed *11 Tues Council Meeting - 6:30 p.m. Study Session - Business Meeting *18 Tues Council Workshop Meeting - 6:30 p.m. * 25 Tues Council Meeting - 6:30 p.m. Study Session - Business Meeting August * 8 Tues Council Meeting - 6:30 p.m. Study Session - Business Meeting *15 Tues Council Workshop Meeting - 6:30 p.m. * 22 Tues Council Meeting - 6:30 p.m. Study Session - Business Meeting September 4 Mon Labor Day - City Offices Closed *12 Tues Council Meeting - 6:30 p.m. Study Session - Business Meeting *19 Tues Council Workshop Meeting - 6:30 p.m. * 26 Tues Council Meeting - 6:30 p.m. Study Session - Business Meeting i Aadm\cathy\cound1\ccca I.doc Tigard ow Council enda Tentative A9 Business TV 81$100 - @ Noon 7126100 Business [1f Due. 7125104 - Study Session be here" 7112100 @ Noon 8106 -~ortcshop Due: CaunGitor Moore will 7!1 NOT Session gill - 30 min 4 O Noon Study MISIC 715100 @ Review Council Gr°undm dattons from ~ O 10 Due. Topics Benefit Recom Sandy Z - 20 min Workshop nceptual Plan for the Preview Study - Consideration of a ~tlands Enhancement Group Class' 0 Q Summer Creek ~N 30 min enda Ele rney- Consent Ag Project - GuslGreg - ICtty Alto Cathy ctionsTraining' NN enda RES' Ed 20 min ntract - Consent el Contra tion - of Fanno USA Niod ctAdop Discussion of USA Mod etCo 20 min Award Contract for ihvaona c USA Rep " h0n Jim H - 30 min TCBDA Board Update - Creek Trail -Se9 2 - Construction of 2000- Award Contract for thY Sal vannie N 2001 PMMP endations from Adoption of ge s Comp Study - Sandy M,Sic Group Clas Business Meeting Business Meeting Center Appeal of Final Order 2000-0 Tri_County 1.2 hours Duane R PC - PH - Karen Fox - gtrategY Regional A1{ordable Housing o 30 min date - Jim H - 20 min TCBDA Board up -0•xis I:ladmigreedtentaty agiYear99 Page 1 713100 cil and City Cour~ Tig A end NNW a ~er<tative 9 Business v Gi12100 8130100 @ Noon Due 8122100 -Business Study Session Wokhshop Due: 818100 @ Noon 8115100 - StudY Session Due' Siy00 @,-Noon ND t " Workshop Yop~cs be here re may Councilor Moo iscussion - Consent Agenda ons D Solid Waste Franchise p Pb Loreen - 45 ruin enda Consent A9 20 LoreenlLi2 - min Business Meating Community Survey Report' Business Meeting ear99-0•xls page 2 ►aadml9{iaerlten"~1~+~• 713►00 AGENDA ITEM # 5, 3 FOR AGENDA OF July 11. 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Appointments to the Library Board PREPARED BY: Susan Koeppinu lM/~l1 DEPT HEAD OK _ LA/4-L,-CITY MGR OK t t PQ - I~~SSIUE BEFORE THE COUNCIL Appointments to the Library Board. STAFF RECOMMENDATION Adopt the attached resolution appointing Marvin Diamond and reappointing David Chapman to the Library Board. INFORMATION SUMMARY The Mayor's Appointment Advisory Committee interviewed candidates for 2 openings on the Library Board. Attached is a resolution which, if adopted, would approve the appointments recommended by the Mayor's Appointment Advisory Committee. Mr. Diamond's appointment is to fill the Library Board position previously held by Ken Tolliver who recently resigned. This term expires June 30, 2003. Mr. Chapman's reappointment is for a four-year term that will expire on June 30, 2004. OTHER ALTERNATIVES CONSIDERED Delay action on the appointments. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Goal: City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. FISCAL NOTES None AGENDA ITEM # 3 • FOR AGENDA OF 07/11/00 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE IGA - Tualatin Valle Fire and Rescue PREPARED BY: Ronald D. Goodpaster DEPT HEAD OK CITY MGR OK qj;777:'_ ISSUE BEFORE THE COUNCIL Request before Council is to approve an Intergovernmental Agreement between the City of Tigard and the Tualatin Valley Fire and Rescue for preventive health and disease services which include airborne and bloodborne pathogen training, blood testing following pathogen exposure, and on-site vaccination clinics. These services were previously provided by OHSU to our Police Department and Public Works Department employees. OHSU has recently decided to discontinue providing occupational health and disease services. STAFF RECOMMENDATION Staff recommends approval of agreement. INFORMATION SUMMARY Most employees of the Police Department and Public Works Department have an increased risk for exposure to bloodborne and airborne pathogens, such as hepatitis, tuberculosis and HIV. In the past, Oregon Health Sciences University School of Medicine (OHSU) provided on-site services to train employees how to avoid exposure, as well as vaccinations to prevent certain diseases. They also provided an emergency hotline to deal with exposures that occur, and they provided documentation and record keeping of vaccinations given. Recently OHSU decided they would discontinue the occupational infectious disease services. Tualatin Valley Fire and Rescue (TVFR) will begin offering these services to agencies in this area. The training and vaccination clinic will be the same type as the City has had in the past. Oregon law requires that the City provide occupational infectious disease services. The attached contract was drafted by the TVFR and has been reviewed and approved by City of Tigard Risk Management and the City Attorney. OTHER ALTERNATIVES CONSIDERED Look for another provider of occupational disease services. 111111111111, 111 FISCAL NOTES The Police and Public Works budgets for 00/01 contain funds to cover these costs. Ocilywidu sum.dut I I { { { S 1 511 INTERGOVERMENTAL AGREEMENT BETWEEN Tualatin Valley Fire & Rescue and City of Tigard This agreement is made and entered into this July 11, 2000, by and between TUALATIN VALLEY FIRE & RESCUE (TVFR) and CITY OF TIGARD (COT). The services provided by TVFR will be provided by its PREVENTIVE HEALTH & DISEASE PROGRAM (hereafter "PHDP"). WHEREAS, the COT has a need to obtain occupational infectious disease services as required by OAR 437, Division 2, Subdivision Z, services relating to Toxic & Hazardous Substances; bloodborne Pathogens (1910.1030); and WHEREAS, the COT has a need to obtain advice and expertise from the PHDP regarding the provision of bloodborne and airborne pathogen services; and WHEREAS, PHDP desires to provide the COT with bloodborne and airborne pathogen training exposure management and vaccination services under the terms and conditions hereinafter set forth; NOW, THEREFORE, it is agreed between the parties: 1. PHDP Oblizations - Required Services A. Bloodborne and Airborne Pathogens Training and Services PHDP will provide the following services to COT: 1. Assist in the development and revision of the COT's exposure control plan; 2. Provide annual bloodborne and airborne pathogen training to COT Public Works personnel and Police Department personnel by a licensed nurse, with knowledge in bloodborne and airborne pathogens, subject to the approval of the COT's Risk Manager or designee, experienced and knowledgeable in pre-hospital emergency and non-emergency services, and meeting the standards set forth in OAR 437 and the rules promulgated i thereunder; 3. Provide 24 hour on-call services for exposure incidents; 4. Provide post-exposure management and follow-up; and ' 5. Provide on-site accessible vaccination clinics to include hepatitis A + + vaccine, hepatitis B vaccinations, hepatitis B titers and tuberculosis testing. j B. Bloodborne and Airborne Pathoeen Service Delivery PHDP shall provide COT with 4 on-site training and vaccination clinics as well as quarterly vaccination and testing clinics. In the fall, PHDP will provide 3 TVFRIGA2000.doc 06/28/00 Pagel of 6 influenza clinics. PHDP shall use reasonable efforts to cover the needs of three shifts, evening and volunteer needs. Additional follow-up vaccination clinics may be deterlinned and agreed upon by die parties at a later date, and billed accordingly. PHDP will provide COT with the records and documentation necessary for OSHA compliance. Each participant will have a vaccination record established with PHDP. Records will be maintained by PHDP. C. Billing will be separate for laboratory and pharmacy services. D. PHDP will comply with OAR 437, Division 2, Subdivision Z, services relating to Toxic & Hazardous Substances; bloodborne Pathogens (1910.1030). II. Compensation A. Amounts and Terms Prices are based on providing services to COT Police and Public Works employees. Base rates are $25.00 per Police employee and $20.00 per Public Works employee for the 00-01 fiscal year. Payments will be made quarterly in advance upon receipt of an invoice from TVFR. Initial set up fee for data acquisition and legal counsel is $75.00. Nursing hours are included in the base rate, except the rate of $35.00 per hour may be applied to complicated exposure management, disease acquisition, or extended counseling services, upon authorization from Risk Manager or designee. The following charges shall apply in addition to the base rate: Hepatitis A Vaccine $30.00 per dose (Series of 2) Hepatitis B Vaccine $30.00 per dose (Series of 3) Tetanus/diphtheria $12.00 per dose Hepatitis B testing $20.00 Post-exposure Hepatitis C testing $25.00 Post-exposure HIV antibody test $20.00 Tuberculosis test $6.00 Influenza vaccination $6.00 Bloodborne pathogens training/session $150.00 RN service per hour (If applicable) $35.00 TVFRIGA2000.doc 06/28/00 Page 2 of 6 Mileage at government rate $325 per mile (if applicable) B. Pro-Rating of Compensation If either party terminates this agreement at a time when COT has paid for services not yet provided, PHDP shall reimburse COT for that portion of the compensation paid for which it has not provided services. If this agreement is terminated at a time when PHDP has provided services for which payment has not yet been made, COT will pay PHDP for those services received. Any payments or reimbursements will be calculated to the nearest day that services are provided. III. General Provisions A. Term of Agreement; Extension The term of this agreement shall commence July 15, 2000, and expire on June 14, 2001, unless earlier terminated or extended as provided herein. In the event either party desires to extend the term of this Agreement; it shall provide written notice to the other party of its desire to renew the Agreement at least 15 days prior to the expiration of the original term. B. Amendment This agreement may be amended by the mutual written agreement of the parties. C. Renewal This contract may be renewed upon mutual written consent of the parties. D. Termination This agreement may be terminated at any time by mutual consent of both parties, or by either party upon 30 days prior notice in writing and delivered by certified mail or in person to the other party. E. Applicable Law This agreement shall be governed and construed in accordance with the laws of the State of Oregon, and the parties agree to submit to the jurisdiction of the courts of the State of Oregon. F. Waiver The failure of any party to enforce any provision of this agreement shall not constitute a waiver of it or any other provision. G. Indemnities To the extent permitted by Oregon law (ORS 30.260 through 30.300), each party agrees to defend, indemnify, and hold and save harmless the other, including its officers, agents, and employees from damages arising out of its tortious acts, or those of its of its officers, agents, and employees acting within the scope of their employment and duties in the performance of this agreement. H. Entire agreement TVFRIGA2000.doc 06/28/00 Page 3 of 6 This instrument contains the entire agreement of the parties. No amendment or variation of the terms and conditions of this agreement shall be valid unless it is in writing and signed by both parties. I. Notices All notices or other communications required or permitted under this Agreement shall be in writing, and shall be personally delivered (including by means of professional messenger service) or sent by fax and regular mail to the parties at the following addresses: For TVF&R: For City of Tigard: Fire Chief/Administrator Risk Manager Tualatin Valley Fire & Rescue City of Tigard 20665 SW Blanton St. 13125 SW Hall Blvd. Aloha, OR 97007 Tigard, OR 97223 Fax Fax 503-639-6795 J. Merger This agreement constitutes the entire agreement between the parties. There are no understandings, agreements, representations, oral or written, not specified herein regarding this agreement. No amendment, consent or waiver of terms of the agreement shall bind either party unless in writing and signed by both parties. Any such amendment, waiver, or consent shall be effective only in the specific instance and for the specific purpose. The parties, by their signature below, acknowledge having read and understood the agreement and agree to be bound by its terms and conditions. K. Assignment Except as otherwise provided herein, this Agreement is personal to the parties and may not be assigned by either party without the prior written consent of the other. L. Attorney Fees In the event either party breaches its obligations under this Agreement; the non- breaching party shall be entitled to all costs and expenses incurred, including reasonable attorney fees, as a result of the breach. In addition, in the event suit or action is instituted to enforce any of the terms of the contract, the prevailing party shall be entitled to recover from the other party such sum as the court or arbitrator may adjudge reasonable as attorney fees in arbitration, at trial, and on appeal of such suit or action, in addition to all other sums provided by law. M. Status of Parties Nothing contained herein shall be construed to imply a partnership, sublicense, joint venture, or principal and agent relationship between PHDP and COT, and neither party shall have any right, power or authority to create any obligation, express or implied, on behalf of the other unless expressly provided for in writing. TVFRIGA2000.doc 06/28/00 Page 4 of 6 N. Insurance PHDP shall maintain, or cause to be maintained, policy or policies of insurance providing at least the following limits and coverages: 1. Commercial General Liability Insurance PHDP shall obtain, at PHDP's expense, and keep in effect during the term of this agreement, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1986 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: 2. Coverage Limit General Aggregate 2,000,000 Each Occurrence 1,000,000 Fire Damage (Any one fire) 50,000 Medical Expense (Any one person) 5,000 3. Commercial Automobile Insurance PHDP shall also obtain, at PHDP's expense, and keep in effect during the term of the contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. 4. Workers' Compensation Insurance The PHDP is a subject employer under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. This shall include Employer's Liability Insurance with coverage limits of not less than $100,000 each accident. COT shall maintain, or cause to be maintained, policy or policies of insurance providing at least the following limits and coverages: 1. Commercial General Liability Insurance COT shall obtain, at COT's expense, and keep in effect during the term of this agreement, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1986 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: 2. Coverage Limit General Aggregate 2,000,000 Each Occurrence 1,000,000 Fire Damage (Any one fire) 50,000 Medical Expense (Any one person) 5,000 3. Commercial Automobile Insurance TVFRIGA2000.doc 06/28/00 Page 5 of 6 • . 1 V COT shall also obtain, at COT's expense, and keep in effect during the term of the contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. 4. Workers' Compensation Insurance The COT is a subject employer under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. This shall include Employer's Liability Insurance with coverage limits of not less than $100,000 each accident. IN WITNESS WHEREOF, the parties have executed this Agreement effective July 15, 2000 City of Tigard Tualatin Valley Fire & Rescue Preventive Health & Disease Program By: By: Loreen R. Mills, Risk Manager Jeffery D. Johnson, Fire Chief Date Date TVFRIGA2000.doc 06/28/00 Page 6 of 6 r AGENDA ITEM # SQ . FOR AGENDA OF July 11 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Award of Contract for the Construction of aarde Street Improvements - Phase 1 N/111 6T`11 w-11.. l PREPARED BY: Vannie Nguyen DEPT HEAD OK : Gus Duenas CITY MGR OK: Bill Monahan ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the contract award for the construction of Gaarde Street - Phase 1 (from Walnut Street to the northerly boundary of the Quail Hollow subdivision)? STAFF RECOMMENDATION The staff recommends the Local Contract Review Board, by motion, approve the contract award to Derr Contractors, Inc. in the amount of $1,012,498.00. INFORMATION SUMMARY The existing Gaarde Street is a Major Collector that runs in an easterly direction and provides connection between 121st Avenue and Highway 99W. Significant portions of the street are substandard in width and the sight distances at several locations are inconsistent with the requirements for a Major Collector. .Gaarde Street has been extended northwesterly from its intersection with 121st Avenue to the northerly boundary of the Quail Hollow West subdivision. Improvements to Gaarde Street are divided into two phases: Phase 1 is from Walnut Street to the Quail Hollow subdivision and Phase 2 is from 121St Avenue to Highway 99W. The scope of Gaarde Street - Phase 1 project includes construction of a new segment for the street as well as the widening and signalization of the Gaade Street/Walnut Street Intersection. Also included in the project is construction of a new storm drainage system and replacement of existing 6-inch and 12-inch cast iron water mains with 24-inch ductile iron water main. There are thirteen parcels impacted by the improvements of the project: Eight parcels have strip takings of right-of-way along the back or front of properties. Two parcels have minor property takings along the N frontage access driveways to "flag' lots. Three parcels have construction easements along the property frontage. Twelve parcels have granted the City the rights-of-way and easements. One parcel has given a permit of entry to the City while the right-of-way negotiation is under process. The bid opening was conducted on June 22, 2000 and the bid results are: a *Benge Construction Co. Tualatin, OR $951,447.1o Kerr Contractors, Inc. Tualatin, OR $1,012,498.00 Eagle-Elsner, Inc. Tigard, OR $1,021,441.00 *Miller & Sons Contractors Sherwood, OR $1,067,528.60 Eng6Veei'V L'stl:::.°.±e $1,069,225 The bid document required all bidders to be pre-qualified with the State of Oregon, to submit a bid bond, to acknowledge the project addenda, and to submit a First-Tier Subcontractor Disclosure form such that their bids could be considered as being responsive. Bidders, marked with asterisk * did not submit one or all of these bidding document requirements. Hence these bids were considered non-responsive. Kerr Contractors, Inc. is determined to be the lowest responsive bidder for the project. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This project meets the Tigard Beyond Tomorrow Transportation and Traffic Goals of "Improve Traffic Safety" and "Improve Traffic Flow" through strategy "Provide Additional Points of Connectivity". FISCAL NOTES The street and storm drainage improvements are funded from Traffic Impact Fee funds in the amount of $1,600,000 in the FY 2000-01 Capital Improvement Program. The water system improvements are funded from the Water System Program in the amount of $305,520 in the FY 2000-01 Capital Improvement Program. These amounts are sufficient to award the contract of $1,012,498.00 to Kerr Contractors, Inc. I:\Citywide\Sum\Agenda Item for Gaarde Phase I Contract Amendment Mill 11111111 loll 4 w KA~EI2INE SW LYNN SW KATHrR NE SW ANN SW CHIMNE IDLE a w N X SW ANN ~ ~ 10 Say SGO D 04 CD o Sw v SW BENISH N r N Sw MARIE S 5'~ c Sw c~M~ SW WALNUT S\q_ A~~~tTA sw ~oKI J F Z LOCH M sw a~~S ~ ~ C-4 N -QUAIL HOLLOW ~ 3 SUSDIMSIOW cn o Sw MAR►ON ate' GAAROE ST. ~ 'N G ~.aCA ~ LAY SW SENCHM ► AGENDA ITEM # FOIR A%JEN DA OF July 11, 200/~ 0 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Award of Contract for the Construction of Fanno Creek Trail - Segment 6B (Main Street/Ash Avenue Trail) PREPARED BY: Vannie Nguyen DEPT HEAD OK : Gus Duenas CITY MGR OK: Bill Wt ~an ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the contract award for the construction of Fanno Creek Trail - Segment 6B (Main Street/Ash Avenue Trail)? STAFF RECOMMENDATION The staff recommends the Local Contract Review Board, by motion, approve the contract award to ACS, Inc. in the amount of $106,179.50. INFORMATION SUMMARY The Fanno Creek Trail - Segment 6B project (Main Street/Ash Avenue Trail) has been included, along with other trail projects, in the Parks System Program of the City's Capital Improvement Program since FY 1998-99. This project was carried over into the FY 2000-01 CIP as committed trail project for construction. The Fanno Creek Trail - Segment 6B is one of two sub-segments under segment 6: Sub-segment 6A, which runs in a northeasterly direction and connects Ash Avenue with Fanno Creek was constructed in 1998; Sub- segment 6B runs in a northerly direction and connects an existing trail located west of Fanno Creek with Main Street. A Joint permit from DSL and Corps of Engineers, and easements for the trail have been obtained. This project includes construction of approximately 500 feet of an 8-foot wide pedestrian walkway. Out of this 500 feet, 250 feet are boardwalk, 160 feet are paved path and 90 feet are timber bridge. The bid opening was conducted on June 27, 2000 and the bid results are: ACS, Inc. Vancouver, WA $106,179.50 PCR, Inc. Portland, OR $110,621.00 JP Contractors, Inc. Portland, OR $115,205.00 Engineer's Estimate $149,000 OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A 1 FISC..: NOTES This project is funded in the amount of $190,000 from the Parks System Program of the FY 2000-01 Capital Improvement Program. This amount is sufficient to award the contract of $106,179.50 to ACS, Inc. iAdtywidelsumtaward construction for fanno trail 6b.doc lama r n 0 o ,j ~i to J, 44 n 4 BURNHAM STREET jko~D BURLINGTON NORTHERN FAVLROAD - SOUTHERN PACIFIC a COMMERCIAL ----STREET lr J SCOT r INS S i REET ~ , 15 SCOFFINS STREET law AGENDA ITEM # 3, ~G FOR AGENDA OF 11 July 2000 CITY OF TIG e n OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Local Contract Review Board Bid Award of Cook Park Wetland Mitigation Project PREPARED BY: John Roy DEPT HEAD OK CITY MGR OK I-AII E---- ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board award the contract for the Cook Park Wetland Mitigation Project to the lowest responsible bidder, Goodfellow Brothers, for the bid amount of $339,339.00 STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board award the contract to the lowest responsible bidder, Goodfellow Brothers, for the bid amount of $339,339.00 INFORMATION SUMMARY This project is a part of the Cook Park Master Expansion Plan, but because of the timeline for permits expiring, this component of the Expansion Plan was made a stand-alone project. The completion of this project must meet the permit deadline of March 2001. Staff advertised for bid the Cook Park Wetland Mitigation project on Thursday, 15 June 2000. The Wetland Mitigation Project involves the grading and excavation work to create a wetland pond at Cook Park. In addition, the contractor will connect the recycled water line from the USA Treatment Plant to the wetland pond, and install electrical controls to regulate the flow. No other expansion work is a part of this contract. Bid submittal deadline was 10:00 am, Friday, 30 June 2000. Seven bids were received with four bids rejected. Two proposers failed to provide state prequal i fi cation forms as required and one proposer failed to provide their subcontractors disclosure list as required. The fourth proposer failed to meet APWA rule 107.2.00, assignment of contract and subletting. The contractor exceeded the 50% limit in subcontracting that is prescribed in the contract lanugage. The three complete bids submitted were as follows; JP Contractors Inc., $379,881.00, Goodfellow Brothers, $339,339.00, and Oregon Excavation, $339,480.50. After reviewing the three proposals received for compliance with bid instructions and mathmatical accuracy staff recommends that the contract be awarded to the lowest responsible bidder, Goodfellow Brothers. OTHER ALTERNATIVES CONSIDERED Reject staff's recommendation and award the bid to the next lowest responsible bidder. Reject all bids and direct staff to readvertise for bid and potentially miss the permit deadline. Reject all bids and give staff further direction to comply with the permit deadline. mum VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES The FY 2000/2001 budget indicates that there is a total of $1,042,000.00 available for the Cook Park Master Expansion Plan Project. The funding for this contract to the amount of $339,339.00 would be allocated from these funds. Ocitywidc\ium.dot S' AGENDA ITEM # Jr For Agenda of 7 - r - 00 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Resolution Declaring the City of Tigard as a Korean War Commemorative Community PREPARED BY: Bill Monahan DEPT HEAD OK: CITY ADMIN OK: Lf/' ISSUE BEFORE THE COUNCIL The City of Tigard has the opportunity to be part of the Commemorative Community program of the United States Department of Defense for the 50`h Anniversary of the Korean War. A resolution declaring the City of Tigard as a Korean War Commemorative Community is before the Council for adoption. STAFF RECOMMENDATION Staff recommends that the City Council approve the attached resolution where the City agrees to participate in three or more planned commemorative events and activities for each year between the periods of June 1, 2000, through Veterans' Day, November 11, 2003. INFORMATION SUMMARY The United States Department of Defense has created the 50`h Anniversary of the Korean War Commemorative Community program to provide an opportunity for communities to develop educational programs, commemorative activities, or events to honor Korean War Veterans and their families. The program is especially developed to honor those who lost loved ones in the war and to recognize the contributions of those who served on the home front. Councilor Ken Scheckla and I have worked with Patsy Nestor of American Legion Post 158 in developing a list of planned commemorative events and activities which once carried out will meet the intent of the program. The City and Legion have each submitted applications to the Department of Defense seeking recognition as participants in the program. The initial Committee Chairperson is Councilor Ken Scheckla. On June 22, 2000, the City received acknowledgement from the Department of Defense that our application has been accepted. A certificate designating the City as a Commemorative Community will be displayed at the July 11 meeting along with an official United States Korean War Commemorative flag which has been presented to us by the Department of Defense. An effort will be made in the coming months to identify as many Veterans of the Korean War and their families who reside in Tigard so that we may honor them through the planned activities and involve Veterans in the carrying out of the Commemorative events. The July addition of the Cityscape includes an invitation to Korean War Veterans to come forward and participate in the events. OTHER ALTERNATIVES CONSIDERED The City can choose to not participate as a Commemorative Community in the 50`h Anniversary of the Korean War Commemorative Community program. VISION TASK FORCE GOAI. AND ACTION COMMITTEE STRATEGY Not applicable. FISCAL NOTES At this time, staff expects to carry out the planned Commemorative events within the existing City budget. CITYWIDE\SUMMARY KOREAN VETERANS.DOC att: DOD 50`h Anniversary of the Korean War Commemorative Community Application I I 3 ~ a a Item No. 3 For Council Newsletter dated ~Q 0 Department of Defense 50th Anniversary of the Korean War Commemorative Community APPLICATION To qualify as a "Commemorative Community," complete and submit this application at your earliest opportunity. Steps to take: 1. List your organization and provide the names, addresses and telephone numbers of your Committee Chairperson and Point of Contact. 2. List the members of your Commemorative Committee. 3. List three (3) or more events planned each year from 2000 through 2003. 4. Sign the Certification page and submit the completed application. Please PRINT or TYPE clearly. 1. Organizational Name: City of Tigard, Oregon Mailing Address: 13125 SW Hall Blvd. City Tigard State OR Zip 97223 Shipping Address : Same (If different from mailing Address City State Zip Telephone: ( 503 ) 639-4171 FAX:( 503 ) 684-7297 2. Committee Chairperson: Ken Scheckla Mailing Address: 13125 SW Hall Blvd. City Tigard State OR Zip 97223 Work Phone: ( 503 ) 639-4171 Home Phone: ( 503 ) 639-5697 3. Organization Point of Contact: Bill Monahan Title: City Manager Planned Commemorative ]Events List three (3) or more planned commemorative events or activities for each year (2000 through 2003). If your or organization is planning to repeat an event (e.g. Veterans Day Parade, Memorial Day Ceremony, etc.) please list under each applicable year. These events are by no means restrictive or all inclusive. You may add or change events as necessary based on your committee's decisions and planning. 50" Anniversary of the Korean War Commemorative Period June 1, 2000 through Veteran's Day, November 11, 2003 Tentative Dates Planned Event 2000 July 11, 2000 Council proclamation for Tigard and American Legion Post 158 participation in the 501n Anniversary of the Korean War Commemorative Community Program September/October, 2000 Recognition of Korean veterans living or working for Tigard - Tigard City Council meeting November, 2000 Program on Korean War veterans at the Veteran's Appreciation Da at Tigard High School November/ December, Presentations to Rotary/Kiwanis/Lions Clubs in Tigard 2000 b the Commemorative Committee 2001 February/March, 2001 Tribute to Oregon distinguished veterans at a Tigard City Council meeting June 14, 2001 Fla Da tribute June/July, 2001 Band concert at Cook Park featuring music from the Korean War era November, 2001 Veterans Appreciation Da at Tigard High School 2002 January through June, Presentations to Rotary/Kiwanis/Lions Clubs in Tigard 2002 honoring Korean veterans June 14, 2002 Fla Da tribute Summer, 2002 Band concert or recognition of Korean War veterans at the Count Daze Parade (August) i November, 2002 Veterans Appreciation Da at Tigard High School 2003 January/ February, 2003 Program honoring Korean War veterans, reviewing the i City's prior events, previewing the 2003 events June 14, 2003 Fla Da tribute - featuring Korean War veterans July 27, 2003 Tigard area veterans to participate in a ceremony at Tigard Librar November, 2003 Korean War Veterans Appreciation Day at Tigard High _ School 1AADMAGREEMPLANNED EVENTS DOC Department of Defense 50th Anniversary of the Korean War = Commemorative Community Program CERTIFICATION 1. We are authorized to sign this certification. 2. Our Committee will plan and carry out at least three (3) or more events during each year of the commemorative period ending on Veterans Day 2003, and we agree to submit a brief post-event report following completion of our commemorative event or program. 3. On approval of our application to become a Commemorative Community, we will use the official United States Korean War Commemorative logos and flag, without modification, in accordance with the following terms and conditions: a. For non-profit purposes in support of appropriate commemorative events and printed materials, including letterhead, programs, newspaper or magazine articles; b. Any use of the logos will preserve its integrity, character and dignity, and following any publication, we will submit a copy of the printed use; c. We will have no rights to sell, license, manufacture, distribute, use the logo for fund-raising purposes or otherwise reproduce the flag or logo for purposes other than those enumerated above; d. If we have any questions about whether a use is permitted, we will submit a written statement requesting approval for intended use and will not proceed without the written permission of the Department of Defense. SIGN~~ William A. Monahan City Manager Authorized Official Printed Name Title 7~AT~<itlL/ Ken Scheckla June 9, 2000 Committee Chairperson Printed Name Date Make a Copy of the Application and send the Original to: Department of Defense . 50th Anniversary of the Korean War Commemoration Committee 1213 Jefferson Davis Hwy, Suite 702 ® Arlington, VA 22202-4303 If you have questions or need additional information, please call (703) 604-0831. h Y ■ i-j, A ~ ~ _ _ _ f' w JU Ltt ~a«Lg v ersary or the Korean Tar Commemorative Committee List the members of your committee. Membership should be broad-based and representa- tive of your organization. Please plan for continuity of leadership during the entire com- memorative period extending through Veterans Day 2003. (For example, First Vice- chairperson becomes chairperson in the following year, Second Vice-chairperson becomes First Vice-chairperson, etc.) Please PRINT or TYPE- Attach additional sheets with names if necessary. Thank you. Name Title or Position Ken Scheckla Chairperson -Patsy Nestor First Vice-Chairperson Bill Monahan Second Vice-Chairperson v AGENDA ITEM No. 6 Date: 7uly 11, 2000 PUBLIC HEARING (QUASI-JUDICIAL) TESTIMONY SIGN-UP EE Please sign on the following page(s) if you wish to testify before City Council on: L;KUob ANIME.&ATILJN PUBLIC HEARING (QUASI-] UDICIAL) - AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN ANNEXATION (ZCA) 2000-00001 /CROSS ANNEXATION AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT, WASHINGTON COUNTY STREET LIGHTING DISTRICT #1, UNIFIED SEWERAGE AGENCY AND THE WASHINGTON COUNTY VECTOR CONTROL DISTRICT I:WDM\GREER\CCSIGNUPIPH TESTIMONY OJ.DOC .r AGENDA ITEM No. 6 PLEASE PRINT Pro onent - S eakin In Favor Opponent - S eakin A ainst Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. I 1111M AGENDA ITEM FOR AGENDA OF: July 11, 2000 - 7:30 PM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Zone Chane Annexation ZCA 2000-00001 -Coss Annexation. PREPARED BY: Julia Powell Ha'duk DEPT HEAD OK f ~I MGR OK ISSUE BEFORE THE COUNCIL Should the Tigard City Council annex 1 parcel of land consisting of approximately 1.46 acres of land? STAFF RECOMMENDATION Adopt the attached Ordinance annexing the property. INFORMATION SUMMARY The proposed annexation consists of territory comprised of one (1) tax lot of 1.46 acres which is contiguous to the City of Tigard. The property is currently developed with a single-family residence. Staff asked adjacent property owners if they wished to annex because it would have resulted in a more uniform boundary, however, none responded to staff's request. The annexation will create an island which can be annexed at a later date if Council wishes to do so. Staff has notified affected agencies of the proposed annexation and did not receive any comments in opposition to the proposal. Staff has reviewed the proposal for compliance with Metro 3.09, the Comprehensive Plan Policies and the Development Code and, as indicated in the attached staff report, found the proposed annexation meets the applicable standards. OTHER ALTERNATIVES CONSIDERED 1. Deny the request. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This request is consistent with Growth & Management "Goal 2" - Urban services are provided to all citizens within Tigard's urban growth boundary and recipients of services pay their share. FISCAL NOTES The Metro processing fee will be approximately $350. In accordance with the Council's direction, the applicant will be paying the Metro processing fee. COUNCIL AGENDA ITEM SUMMARY is\citywide\sum\ZCA2000-01 Crossais.doc Page 1 of 1 Julia P H 26-June-00 9:40 AM CITY OF TIGARD, OREGON ORDINANCE N0.2000- AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN ANNEXATION (ZCA) 2000-00001/CROSS ANNEXATION AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT, WASHINGTON COUNTY STREET LIGHTING DISTRICT #1, UNIFIED SEWERAGE AGENCY AND THE WASHINGTON COUNTY VECTOR CONTROL DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(B) and 222.170 to initiate an annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and written consent from owners of more than half the land in the territory proposed to be annexed; and WHEREAS, the City if Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties which currently lie within the boundary of the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, Unified Sewerage Agency and the Washington County Vector Control District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on July 11, 2000 to consider the annexation of a parcel of land consisting of 1.46 acres and withdrawal of said property from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, Unified Sewerage Agency and the Washington County Vector Control District; and WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt obligations, however, in this instance the Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of the annexation into the City and withdrawal of the annexed property from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, Unified Sewerage Agency and the Washington County Vector Control District on July 11, 2000; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, Unified Sewerage Agency and the Washington County Vector Control District by Ordinance; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning most closely conforming to the County zoning; and WHEREAS, the current and proposed zoning district is R-7, therefore, no zone change is necessary; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and ORDINANCE NO. 2000- is\citywide\ord\ZCA2000-01 CrossOrd.doc Pagel o172 Julia PH 6-Jun-00 4:36 PM WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined that .x,"hdr--NN,al of the annexed properties from the applicable service districts is in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OF TICARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the parcel described in Exhibit "A" and shown in Exhibit "B" and withdraws said parcel from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, Unified Sewerage Agency and the Washington County Vector Control District. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 3: The City Recorder is hereby directed to file certified copies of the Ordinance with Metro for administrative processing. SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, Unified Sewerage Agency and the Washington County Vector Control District shall be the effective date of this annexation. SECTION 5: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2001. SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By vote of all Council members present after being read by number and title only, this day of .2000. Catherine Wheatley, City Recorder 4 APPROVED: By Tigard City Council this day of , 2000. H H H Approved as to form: 7 , a City Attorney Date ORDINANCE NO. 2000- i:\citywide\ord\ZCA2000-0 I CrossOrd.doc Page 2 of 2 Julia P H 6-Jun-00 4:36 PM EEANNEXA I IOIV DESCRI~ T ivid A TRACT OF LAND SITUATED IN THE NORTHWEST OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, DESCRIBED AS FOLLOWS: COMMENCING AT THE 1/4 CORNER BETWEEN SECTIONS 4 AND 5 THENCE N 890 36'41" E A DISTANCE OF 399.24 FEET; THENCE N 000 37' 12" E A DISTANCE OF 199.58 FEET TO THE TRUE POINT OF BEGINNING: THENCE N 000 37'12'E DISTANCE OF 210.30 FEET; THENCE S 890 36' 35' W DISTANCE OF 199.70 FEET; THENCE N 000 32'23" E A DISTANCE OF 225.86 FEET TO THE SOUTHERLY RIGHT OF WAY OF SW FERN STREET; THENCE N 890 27'53"E, ALONG SAID SOUTH RIGHT OF WAY, A DISTANCE OF 200 FEET TO THE WEST LINE OF TRACT "G" HILLSHIRE HOLLOW; THENCE N 001 37'12" E A DISTANCE OF 50.01 FEET TO THE NORTHERLY RIGHT OF WAY OF SW. FERN STREET; THENCE S 890 27'53" W, ALONG SAID NORTHERLY RIGHT OF WAY, A DISTANCE OF 300 FEET; THENCE S 000 33'58"W A DISTANCE OF 50.01 FEET TO THE SOUTHERLY RIGHT OF WAY OF SW FERN STREET; THENCE N 890 27'53" E, ALONG SAID SOUTH RIGHT OF WAY A DISTANCE OF 50 FEET; THENCE S 000 33' 55" W A DISTANCE OF 435.89 FEET; THENCE N 890 38'34" E A DISTANCE OF 249.55 FEET TO THE TRUE POINT OF BEGINNING. \Uig333Wsr%depls\engyohnrh\fem anx.doc Svst6u Ge Y41rOY GEaG c ?:'ts'~ if+.g r E 1 ~tf ~ °T r r tN 7• ~ ~ N n`fl 5, y~#~`~~~I1~C~a~CxrYr'~~'"~r~` r?klt Yritil sccµ{~xS fii4~Y ~yt C33}~1} 1 t C I a- rot s'riV;~i,sz' "rw 3?~y~ t+~t}~`j 'Sw~ tf~'i+` yr ryy^~4~~r'4 -cst tJ O~~ ~ 'y G~'r'`r'n"~r,Y ~,.~f y,~ iy:~ q`, ~ ?,~+:'~'t~.ff'LY '~f ~ "'r 4.7C J 6Y ~~f ~ ~rtf~ "~tkl~~ b lJL ~~+:r Z Gil` J N NA LW z~~ j p N Q a r S LN ~ ~ ~ d • R~2~H8 ~ i it f' 3 act t o I.E~~1dD~ t ShadCA areas tinalc t° he city ` e o land ens~d d ar limits of 1% ,less otherwise indicated. ~ 514 ~ m 1 1~i e o ~ N 2 \ ,pp Feet 200 300. _!00 9L O p too 3 t•~ 391 :eat JENSHIRE Co c fi 1 = u~ m Ti and m~ >7 ~ City of ~ 1 octal troahon onty ano m for 9e vs~oe tntom+atan do this maD's . eldpmert Seraces fl' 1 should be vented "kh the iHall Elvd 13125 SIN 7223 (gard, OR 5 {5931639it7t nttP tower a t'' Gard or us Plot date: May 23.200D; C'.Magtc~tpAG1C03.APP " ~d„a~ooment Agenda Item: (D Hearing Date: July 11. 2000 /77:30 PM CTACC DC* Df%DT Tn TUC / \ aI§%1I II&A vI•■ ■v e■■e. CITY COUNCIL CITY OPTIOARD FOR THE CITY OF TIGARD, OREGON community(Deve4ment Sic ij ABetterCommuni SECTION I. APPLICATION SUMMARY FILE NAME: CROSS ANNEXATION CASE NO.: Zone Change Annexation (ZCA) ZCA2000-00001 PROPOSAL: To annex 1 parcel consisting of approximately 1.46 acres of land into the City of Tigard. CURRENT ZONING DESIGNATION: R-7. Equivalent City ZONING DESIGNATION: R-7. LOCATION: The subject parcel is located at 14504 SW Fern Street; Washington County Tax Assessor's Map 2S1 0413C, Tax Lot 01200. APPLICABLE REVIEW CRITERIA: Tigard Comprehensive Plan Policy 2 (Citizen Involvement) and 10 (Urbanization); Tigard Community Development Code Chapters 18.310 and 18.390; and Metro 3.09. SECTION II STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL of the annexation by adoption of the attached Ordinance. STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF 4 ZCA2000-00001 - CROSS ANNEXATION 7/11/2000 PUBLIC HEARING SECTION 111. BACKGROUND INFORMADON Site information and .proposal descri tp ion• The properly Is currently developed with a Single-family residence. The applicant initiated the annexation in order to obtain sewer services due to a failing septic system. The applicant was issued a permit to connect to the City sewer due to the failing septic system provided this annexation application was submitted for staff to process. The proposal is to annex approximately 1.46 acres of land into the City of Tigard with an assessed value of $284,680. The annexation will also annex a portion of the Fern Street public right-of-way which will result in an island. City Council may choose to annex the newly created island at a later date. Vicinity Information: The area to be annexed consists of 1.46 acres. The existing city boundary runs along the west, south and a portion of the east. The subject property and the property to the north and a portion of the property to the east are outside the Tigard city limits. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2, and; Tigard Community Development Code Chapter 18.320. Staff has determined that the proposal is consistent with the relevant policies of the Comprehensive Plan based on the following findings: Policy 2.1.1: This Policy requires an ongoing citizen involvement program and is satisfied because the West CIT and surrounding property owners have been notified of the public hearing and notice of the hearing has been published in a newspaper of general circulation. Policy 10.1.1: This Policy requires adequate service capacity delivery to annexed parcels and is satisfied because the City of Tigard Police, Engineering and Water Departments, Portland General Electric, Metro area communications, NW Natural Gas, TCI Cable, General Telephone, US West Communications, and Unified Sewerage Agency (USA) have all reviewed the annexation request and have offered no objections. Policy 10.1.2: This Policy pertains to boundary criteria for annexations and is satisfied. The property is adjacent to the Tigard city limits on the east, west and south. Because no concerns or objections were raised by the service providers, thus indicating that services can be provided to the site. Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 4 ZCA2000-00001 - CROSS ANNEXATION 7/11/2000 PUBLIC HEARING Section 18.320.020: This Section addresses approval standards for annexation proposals and is satisfied because: The uppllcab!e Comprehensi\/e Plan PnlinipQ nnri Communih/ novinlnnmant Code nrnvicinnc,. ,.r...... r have been reviewed and satisfied as previously indicated in this report. The property is currently zoned R-7. Because this property is in the Urban Services Area, the equivalent zoning has already been attached to the property, therefore, the property does not need to be rezoned upon annexation. Metro 3.09 requires the additional standards to be addressed in annexation decisions, in addition to the local and state review standards. These are addressed and satisfied as discussed below: Consistency with the directly applicable provisions in an urban service provider agreement pr annexation plan adopted pursuant to ORS 195.065; The processing has been done consistent with applicable Urban Service Provider agreements. Consistency with directly applicable provisions of urban planning or other agreement, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party; The process required by the Development Code and Comprehensive Plan is consistent with the Urban Planning Agreement for annexations. Consistency with specific directly applicable standards or criteria for boundary changes contained in comprehensive land use plans and public facility plans; This has been discussed previously in this report and, as discussed, this criterion is satisfied. Consistency with specific directly applicable standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plans; Because the Development Code has been amended to comply with applicable Metro functional plan requirements, by complying with the Development Code and Comprehensive Plan, the annexation is consistent with the applicable functional plan and the Regional Framework plan. Whether the proposed changes will promote or not interfere with the timely, orderly and economic provisions of public facilities and services; The proposed annexation will not interfere with the provisions of public facilities or services because it is adjacent to existing City limits and services have already been extended to the property by the property owner. STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 4 ZCA2000-00001 -CROSS ANNEXATION 7/11/2000 PUBLIC HEARING d IM If the proposed boundary change is for annexation of territory to Metro, a determination by Metro Council that the territory should be included in the Urban Growth Boundary shall be the primary criterion for approval; The subject property is already within the Metro boundaries. Consistency with other applicable criteria for the boundary change in question under state and local law. Consistency with other applicable criteria has been discussed previously in this report. SECTION V OTHER STAFF COMMENTS The City of Tigard Engineering, Police Department, Public Works, and Water Department have all reviewed this proposal and have offered no comments or objections. SECTION VI. AGENCY COMMENTS The Metro Area Boundary Commission, Unified Sewerage Agency, Metro Area Communications, TCI, PGE, NW Natural Gas, US West Communications, GTE, and Washington County have had the opportunity to review the proposal and have offered no objections. BASED ON THE FINDINGS INDICATED ABOVE, PLANNING STAFF RECOMMENDS APPROVAL OF ZONE CHANGE ANNEXATION (ZCA) 2000-00001 - CROSS ANNEXATION. 6"4~ June 26. 2000 PREP ED BYi/ Julia Powell Hajduk DATE Associate Planner a a i i i June 26-2000 C;::~ 3 APPROVED BY: Richard Bewe ado DATE Planning Man ger i:lcurplnyul1a\annex\zca2000-01 Cross.doc STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 4 ZCA2000-00001 - CROSS ANNEXATION 7/11/2000 PUBLIC HEARING Jill 12N=111101111 '7. l L~~ Sharon Bea i-V%OW%P %PWW TPTQII iUNN~ `SISM Tigard,, OR 97223 521.9403 RECEIVED C.O.T. J U L 10 2000 July 7, 2000 Administration Julia Powell Hajduk Staff Planner City of Tigard Tigard City Hall 13125 SW Hall Boulevard Tigard, OR 97223 RE: Zone Change Annexation (ZCA) 2000-00001 James and Susan Cross 14504 SW Fern Street Tigard, OR 97223 The purpose of this letter is to comment on the proposed zone changes which will be voted upon at the July 11, 2000 City Council meeting. As a neighbor to this property, I have real concerns about proposed request. As you know, there are currently townhouses/row houses directly south of this property. In addition, the Hillshire Creek Estates #4 development currently underway is approved for 60 row houses. Hillshire Creek Estates #4 is within 600 feet of the subject property. Given that the current townhouses are difficult to sell and result in rental property and the fact that 60 more are going to be added, I think this small neighborhood has its share of multiple family structures. Also, the trees that are currently standing on the subject property provide a buffer to Ascension Drive. Traffic on Ascension Drive continues to increase and the trees do absorb the noise from this traffic. Again, as I have before, I ask the City of Tigard consider seriously the guidelines in its Vision and the Bull Mountain Community Plan. The treed barriers and dividers add greatly to the livability of this area. We all purchased homes here BECAUSE of the beauty of the trees AND because we believed in Tiigard's Vision and the Bull Mountain Community Plan. Sincerely, ~ (~/-b,") , Sharon Beatty 7 -1 ~r Copies of this letter regarding the Zone Change Annexation (ZCA) 2000-00001 (James and Susan Cross request, are being sent to the following: Cc: amity of Tigard Mayor's Office Brian I Moore, City Council Member Paul Hunt, City Council Member Ken Scheckla, City Council Member Joyce Patton, City Council Member Bill Monahan, City Manager Jim Hendryx, Community Development Director Representative Max Williams sill AGENDA ITEM # FOR AGENDA OF juply 11, 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: An ordinance granting to McLeodUSA Telecommunications Services Inc. (McLeodUSA) a franchise to conduct a telecommunications business in the City of Tigard, Oregon, including the right to place poles, wires, and other appliances for telecommunication purposes in the public rights-of-way; and authorizing the Mayor to sign this agreement. PREPARED BY: C. Prosser DEPT HEAD OK_ CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the Council approve an ordinance to establish a new franchise agreement for local telephone services provided by McLeodUSA? STAFF RECOMMENDATION Staff recommends approval of the franchise agreement. INFORMATION SUMMARY McLeodUSA has requested a franchise from the City of Tigard to offer telecommunications service within the City limits. The attached ordinance establishes that franchise, including the rights and responsibilities of the City and of McLeodUSA. The agreement requires that McLeodUSA pay a franchise fee each year equal to 5% of its net revenues generated within the City of Tigard. OTHER ALTERNATIVES CONSIDERED Do not approve the telecommunications service franchise agreement. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES Telephone franchise agreements generate General Fund revenue based on 5% of the franchisee's revenues generated within the City of Tigard. m. AGENDA ITEM # 8 FOR AGENDA OF July 11, 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: An ordinance granting to METROMEDIA Fiber Network Services, Inc. a franchise to conduct a telecommunications business in the City of Tigard, Oregon, including the right to place poles, wires, and other appliances for telecommunication purposes in the public rights-of- way; authorizing the Mayor to sign this agreement; and declaring an emergency. PREPARED BY: C. Prosser DEPT HEAD OK_ CITY MGR. OK ISSUE BEFORE THE COUNCIL Shall the Council approve an ordinance to establish a new franchise agreement for telecommunications services provided by METROMEDIA Fiber Network Services, Inc.? STAFF RECOMMENDATION Staff recommends approval of the franchise agreement. INFORMATION SUMMARY METROMEDIA Fiber Network Services, Inc. has requested a franchise from the City of Tigard to offer telecommunications service within the City limits. METROMEDIA will not be a direct provider of service; rather Metromedia will install conduit and fiber which it will then rent out to direct service providers. The attached ordinance establishes a franchise, including the rights and responsibilities of the City and of METROMEDIA. The agreement requires that METROMEDIA pay a franchise fee each year equal to 5% of its net revenues generated within the City of Tigard. METROMEDIA has requested that the City pass this ordinance with an emergency clause. When METROMEDIA first contacted the City about this franchise, the City routinely used the emergency clause on franchise ordinances. METROMEDIA'S franchise and construction schedules, therefore, were built on the assumption that the franchise would take effect immediately upon approval by the Council. Without the emergency clause, METROMEDIA reports that its construction schedules would be adversely affected. OTHER ALTERNATIVES CONSIDERED Do not approve the telecommunications service franchise agreement. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES Telephone franchise agreements generate General Fund revenue based on 5% of the franchisee's revenues generated within the City of Tigard. AGENDA ITEM # 9 FOR AGENDA OF my 11, 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Parks and Trails update PREPARED BY: Jeff Munro DEPT HEAD OK _ CITY MGR OK ISSUE BEFORE THE COUNCIL Informational update on Parks and Trails, no issue to be decided on. STAFF RECOMMENDATION No recommendation is forth coming. INFORMATION SUMMARY Staff will give Council an update on the Parks and Trails projects that are in progress and upcoming. The information will include target dates, financial status and staff findings. Topics covered will include the following: * Cook Park Expansion- An overview of where we are currently with our wetland construction plans and where we will be going with the three remaining design phases. * Trails Update- An update on trail projects and negotiations. * Fanno Creek Bridge- An update on the bid process and construction timeline. * Fee and revenue status- A status report on Park appropriation funds for the 2000-01 fiscal year. * Grant application status- An update on the State Parks grant application. * Encroachment- The encroachment issue was put on temporary hold until all Park positions can be filled to allow proper coverage for this program to be successful. Once positions are filled, cost resolutions, guidelines and permit information will be forthcoming. * Dog off leash area- A report on how the experimental Dog Off-Leash area worked out and staff recommendations on future sites. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND A TION COMMITTEE STRATEGY Community Character and Quality of Life. Enhances citizen involvment as well as community aesthetics. FISCAL NOTES N/A l~lver F~O'n~ fraSQn~li~Cc~~ -7.11•L~ "I'"rV F A /iPARKS/TRAILS UPDATE Presented by: Jeff Munro, Parks Supervisor John Roy, Property Nlanuger dash, C(~~NE ARN Iii NIU M MI~I.EN • ' V 1 I L.-T---- I MENT EMERGENCY VEHFC6.ECROS&N® t - ! ` r r v J{ Es3 F~ir'r.,.t>O'' Y $i3' c lL0T t"r^. ~i r~.'a:~H ~y~~•,_ II r s \ iR~~~~ t S'At~" BA , COURT VOUEYLV dv. s ~ • . ~ sir- j s t i ~ ' _E{`i SFiis :`~!YICTT(C 7 ""~.,st, pwro ® r EXPANC~ION COOK PARK l- MASTER PLAN PROPOSED FEATURES e . .a r edto d(kte? ,What heive vie accomplish 0 ~f the pGr~ r~pr°~ SUr~~~ 9~nd Ave .Co p je,~~ t~p~~ t .de~eg1a fir Council ~,pprova of coneep rOrt ir~pr®Ve~° r to rverf ents titer ling ~~d P~~~ t . 99) ~ C p .ion of t rlvel`fr®nt truct0on Of % I ~~`a ~u1fi God shop/Sche Eton of ~f or 'Onstruc .Construction er Use ~~t f tji~ phases the river front restr®o~► ~t t~ s lop Ow- S r } 3. F 'yam j ~I V • .y: „rY" tv<lKk''~'^SY ~ ~ quGt.~. w V H A pti i WOOD Pte.., ,n'~! 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Of f yr. z fip t ; Yi > t( dog Uid Alt, .Li).._Lbfjf'i'-•'- - 1 JJ , N COO Q a ,ntif is f r - 'i • 1 1€ Wis. ~ ~ . ~ ~ ~ i tf t ~{t• l ~i 4 A. 44 •y-Ej3'a f r1 rt.., .t 14'7} •'i y"'+ S. r ~ y~ ~ Sri. ; • M 4• ' ^'i2 _ '9yy~~ Ism, =.r 1.,t= . - . • . `r~ -'t= r 'jy~s6,~-!fit'' ! .J r! _ a;f ~ + r r r y_tr4•~.~•~ ~:".j, r'•_ r- r _r'r.,1 ~tii.~F ~ A. t ~ •a" ~ s•. r~ w v ~ • `rG ~ { 1 ~:T q ' ~ ~ it - + i*" r• d,. a 1K _ r* 1,w• '.a. y 'x} ti t~,t y x i ~ - •"~►"r':+ ~ N {f c f+ Is 6_ dip . C i..: 4 •~e ,r7 r~ r j 1 :d 31 1 If syllf~' .k3 e..t k°.,dls.~ • + ~y i'~:i t _r y<:~l 3 j Park update current and upcoming projects •Northview Park •Summerlake Park •Jack Park I I }>S': ' Y ~ i.. .:S.r _ i.'~S'~_ - - _ . ~r~_ _ L'1`. ~5.... h 2 ;/'Zri 4`n ' t' yF ~ x~' ~ r~ Y r. :i ~ ~ _ n••:..aatititg~~y~,~~~e~ k +..•:h..r'Jkt .dry # y- to .q. : ~N~iF31N t If~'`kRi.r;JTe`tY:SroY,~~{?•Ri^'i•~i~~ ~ Y4',7•i-.'~'~~~%~7 ~~Y~'~~',~~'~'~~~`~-as~'4.~i''~v; ..w«, t'..... r.b.+ w'~\'.'l~~.F,.o,\.,, ~eSs~a~.~i:'°~rau•.ma ?.~,aa,~ro~ ~ Y F 61 r c$ f r fir'' +4 ~ 1 } A ,c tc Oct 74 ~ Y`• rat~,c,~ii ~"..h 1 ~p1rMkll,~ 'yam., :~'ry.7g ~/'~1 4111.' j~•..4,. I ' J A~ d+-'-y":1 r~w.r+r M 't(r~~ ` •1 iI ~ O.o . ' . ' ~ ~ ~t►u. 7 p~+'~1 1.19 + R 4~'`'A ~9'{, A •2' ''~.7 f'-r V~ ~ RBI PIC d+.'.~r, • ~aypt N+ 'gyp'' 1 .~~1'.i ~ rr ~ •~1' r ~•4l ~~~.'71y 6 I• •5 s' f I C JIF-J. . •30 ! •dr~~ 1111 of +..r,~. - • IS ~ •f~, X t~ t r k IV , 41 i 1 i' t T . 4 1 5~~ W74k t{~ ® round, and lights improvements ,mill be. Fall O.f B! P athlda Park Pray rare do pp' P Paths available-Colony Creek/108th /Tigard S#. ~ Paths adopted- Terrace Trails, canna creek, heckla, and Pathf nder Genesis, Sc Parks adopted/Main Street Main Street II 0000", mono p~IL ~ -Truil bbd segment to urdi~'1edem(~ fih Z.Oa®: p9 ,45(). A coming -Thy, -T6g on Duty 5 ~ bid at ion Wj11 be erring Was ;f io JOGS 10W t®r S&O op soy pc~o oontrac d ,d to o ~~,der tio~ o~ re the and co~p'ete commendu , Zfl0®• - August un d . ooun66l on 3 u\y i1\ begi~6in M6 en6ng •~o~struot6o ~°ro,il b'd op October' n"® Cree~ of the in Segment bid ut X14 e Ash/ ~u ~ 2®p®. vJus \ov~ ' be cOmi ~'h u1 5t ivlt6es~ W6~1 Wes on Y Crete peo or se`eot6on ed (A\\ "on contruot d o® rp\et • A~ endution o August and eo®Mm 11~" t 24~Q• first r oil o~► 3 u,Y beg6C6Abe coon o$ X611 October. •C®nstruotior6 Of by the end o ENc~~ACMMENT 'n ordin~~~~ Council establisheQrd Municipal `9 on pity owned Tigard CitY1999 amending p~.cembe e~croachment up Codes" to allow properl'y• riorifiy• This program is currently of low p 00 G~p,tl'TS that city red the not f' he ~epQrfime+~t construct fi~ d f or ~tafie Parks 5p,000 t0 S our electe reQ~est for ~t d Park WQS nod an/Wp°dar -T1edem e the. 4 acre f~~di~g• purcv\ascche Creek The grant ~Pp~' Q d the $ C~ehe State Parks Bind Prop S ender review Pr gram Pr0'ec ded to operty en$ grant Well be aWQr pr overnm roJects od,July. Jocal Gomm tee• Sh~Se jcants'~ ~ ~e S~ccess~u~ °'pp t Program ArbOvist forester Urban -267 trees for Tree 2000 program. .Planted b, ins employment oU~,bQn'Foreste~'~Arborist beg 2000 duly 31S', . ewer Ot*, IA PARK ~ Q yz 11W evt Fund 1,0420.00 j~ rovevn Donation) $ , ~?.I . ,0® park ~,e~1 over & 'VUP %ng ~car~ park 5 , Funds -Total -TUVES Fop- 339339.00 x,.. 00 p .OJE T $ go. ,00 44, d c,®nsiru~~aan $1 15 000 6 ~ 00 e#~an t100 000. ,00 .In frastf, , gas) g?J it par~ong Lot t st) $ ea 174,33q . ~es#ra®~.~ eadaw ass .gaol u`terflY rgen UGC ..5th Ave -Total MASTER PLAN BUDSET FY2000/01 $185,000.00 CUUK PARK EXPANSION $1,042,000.00 .park Levy Improvement F Donation) $1,227'000.00 (carry over & Tupling .Park SDC f=unds Total ION MASTER PLAN EXPEDITURES Fy2000i0 $339,33.00 COOK PARK EXPANS $90,,0 $e}J0,0d0.00 -Wetland Construction $75,000.00 .Infrastructure $100.000.00 -Parking Lot (E~t) $120,000.00 •Restrows ~asr) $1,174,339.00 -Butterfly Meadow Access Trail -85th Ave Emergency Total Fy2p00101 BUDGET $203,889.00 pTNER PARK FUNDS FUR -Park SDC Funds $2,003.00 RK EXPENDITURES FOR FY2000/01 BUDGET $6,896.00 ®TNER PA $5,000.00 .Summer Lake Master Plan $190,000.00 •SDC Study $203,899.00 .Trail R ht er tudy Train/A ; Totai $185,000.00 OTAL PARK FUNDS FUR FY200Q/01 BUDGET $1,245,899.00 4 T $1,430,899.00 .Park 1~vY Improvement Fund -Park SDC Funds $1,378,238.00 Total ARK EXpEDITURES FOR FY2000i01 BUDGET TOTAL P f G AGENDA ITEM # 1 0 FOR AGENDA OF 7/11/00 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Resolution Reaffirming Consent to Formation ofa New County Service District PREPARED BY: William A. Monahan DEPT HEAD OK 4A4-"- CITY MGR OK ISSUE BEFORE THE COUNCIL Discussion of whether the City Council should pass a Resolution Reaffirming its consent to formation of a new County Service District, the Atfalati Recreation Partnership. STAFF RECOMMENDATION Review and discuss whether the City Council should pass a Resolution reaffirming its action in Resolution No. 12 consenting to formation of a new County Service District, Atfalati Recreation Partnership. INFORMATION SUMMARY On March 28, 2000, the City Council passed Resolution No. 12, a Resolution of the City of Tigard, Oregon, consenting to the formation of a new County Service District. Within the Resolution the City Council authorized the City Manager to enter into a Memorandum of Understanding consistent with the Exhibit I of the Memorandum. The Memorandum stated the anticipated tax rates for both operational and capital costs. The anticipated tax rate for operational expenses was $0.48/1,000 while capital was $0.3511,000. Based upon the presentation of the proponents of the Atfalati Recreation District, the initial capital tax rate was proposed to be $0.35/1,000 for a period of 20 years. Following adoption of Resolution No. 12 and the signing of the Memorandum of Understanding by the City Manager as well as representatives of Washington County, the Tigard-Tualatin School District, and the City of Tualatin, Washington County's legal staff reviewed the potential measures to be placed before the voters in November 2000. The Bond Counsel engaged by Washington County raised a concern as to whether a separate measure to provide for bonding of capital facilities over a 20 year period was appropriate given the fact that the district has not been formed and will not be formed unless voters approve a measure in November 2000. Acting on the advice of Bond Counsel, the Steering Committee members of Atfalati recommended use of a single ballot measure for the combined operating and capital rates. A proposed permanent combined rate not to exceed $0.83/1,000 has been forwarded to Washington County for consideration. On July 3, 2000, Dave Nicoli, lead proponent of the Atfalati Recreation District, advised the City Manager that it is anticipated that Atfalati would levy a combined tax of $0.75/1,000 if the District is formed. L I I During a discussion of the June 27 Study Session of the City Council, Council members heard that the Tigard City Attorney agreed with the interpretation of Washington County Counsel that Resolution No. 12 passed by the City Council in March is adequate and does not need b- r;vised. However, Council wishes to consider a new Resolution which would affirm the City's consent to formation of a new County Service District and which recognizes that the permanent tax rate would not exceed $0.83/1,000. OTHER ALTERNATIVES CONSIDERED Take no action, consider that Resolution No. 12 passed on March 28, 2000, expresses the intent of City Council. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Urban and Public Services Toal: Create a Park & Recreation District strategy; create a Task Force regarding the development of a Park & Recreation District. Goal: Schools and City government will work together to provide a community-based recreation activity program for young people. FISCAL NOTES N/A IAA[)M%COUNCIL AGENDA ITEM SUMMARIESV+TFALATI SERVICE DISTRICT.DOC M TIGARD, OREGON . RESOLUTION NO. J2 A RESOLUTION OF THE CITY OF TIGARD, OREGON, CONSENTING TO FORMATION OF A NEW COUNTY SERVICE DISTRICT. WHEREAS, the City of Tigard has agreed and consented to the formation of a new County Service District; *and WHEREAS, the District, known as the Atfalati Recreation Partnership, will be formed if voters within the proposed District approve a ballot measure in the November 2000 election. NOW, THEREFORE, THE CITY OF TIGARD RESOLVES THAT: SECTION 1: The City of Tigard hereby consents to formation of a new County Service District. Tills County Service District shall have the authority to provide recreational services within the City pursuant to ORS Chapter 451, County Service Facilities. SECTION 2: If the District is approved, the City will appoint a representative to serve on a governing board of directors for the District pursuant to an intergovernmental agreement to be entered into under the authority of ORS 190.003 to 190.125. SECTION 3: The City anticipates that Washington County, the Tigard-Tualatin School District, and the cities of Tualatin, Durham and Tigard will enter into a Memorandum of Understanding providing general guidelines for governance of the District and other provisions relating to funding of the District and use of and payment for facilities. A draft agreement in the form of Exhibit 1 has been prepared. The City Manager is hereby authorized to enter into a Memorandum of Understanding in the form of Exhibit 1 or in some other form. The Memorandum of Understanding provides that-the City of Tigard shall appoint at least one Board member for the District, states the anticipated tax rates (both operational and capital if applicable) and is acceptable to -the City Manager. PASSED: By ti r vote of all Council members present after being read by number and title only, this day of , 2000. .PS i [ .rte 1~/. -7 % Greer A. Gaston, Deputy City Recorder APPROVED:- By Tigard City Council this ay of M j (L/0 , 2000. n Nicoli, Mayor ~ppr.oved as to form: W W 9 TMG Copy 0' City Attornc INNER Revised Final Draft - May 9, 2000 MEMORANDUM OF UNDERSTANDING ATFALATI PARTNERSHIP RECREATION DISTRICT This Memorandum of Understanding (MOU) is made and entered into by and among the cities of xxxx, the xxxx school district and Washington County, a political subdivision of the State of Oregon ("participating jurisdictions"). This MOU will become effective as of the date of the last signature. Purpose. The purpose of this MOU is to specify the general terns and conditions for participation in an ORS Chapter 190 intergovernmental entity ("entity") to cooperatively manage and provide recreation services and facilities on behalf of the proposed Atfalati Partnership Recreation District, an ORS Chapter 451 county service district ("district"). If the district is approved by the voters, each participating jurisdiction will by ordinance adopt a formal intergovenmental agreement.("IGA"), establishing the intergovernmental entity as provided by law and further detailing the powers, authority and operation of the entity. A map indicating participating jurisdictions will be attached to the signed MOU. Governance. The entity will be governed by a board with one member appointed by each participating jurisdiction. The process for appointing board members will be determined by each participating jurisdiction, but the IGA may specify terms of office and other matters necessary for proper operation. If there are an even number of participating jurisdictions in the entity, the entity board will appoint one additional at-large member. The authority and responsibility of the board shall include, but not be limited to: • Hiring key staff, including a program director. It is anticipated that the board will delegate the hiring of personnel to the director. • Adopting an annual budget. • Adopting rules of procedure and decision-making. • Overseeing operation of the entity by the program director and staff. • Adopting fees. • Adopting rules for facilities and services. Funding. The district will be funded by a permanent rate levy for operations, maintenance and administration and bond levies for capital facilities as outlined in the final submitted draft budget, subject to voter approval. It is anticipated that the permanent tax rate will not exceed $0.4851,000 and the capital tax rate will not exceed $0.35/$1,000. Thew district or county will levy all such taxes and transfer the funds to the entity for budgetirik;. administration and expenditure as provided by agreement. i q Continued Operation and Maintenance of Existing Facilities. Participating jurisdictions will strive to continue to fund maintenance and operation of existing recreation and related facilities within the boundaries of the proposed district at a level similar to that provided in the 1999-2000 fiscal year. While it is understood this commitment cannot bind the future budget practices of the participants, each shall make a good faith effort in consultation with their partners in this regard. am I 1 Revised Final Draft - May 9, 2000 Entity Assets. The entity may buy, lease, construct and dispose of assets as provided in the IGA and approved by the Board. If assets are to be transferred from participating jurisdictions to the entity, the terms and conditions of such transfer shall be specified in the IGA. Use of Facilities and Reimbursement for Services. It is the goal of the entity to jointly use land and facilities in partnership with the participating jurisdictions, in order to maximize existing resources that are currently owned by the participating jurisdictions. Each participating jurisdiction will be willing to evaluate the feasibility of joint use, leasing, management and operation by the entity. If in the participating jurisdiction's sole judgement, such use is feasible and mutual terms and conditions are agreed to, then an IGA may be entered into with the entity. Similarly, the entity may include in such IGAs' language permitting use of the entity's land and facilities by participating jurisdictions and others on such terms and conditions as agreed to by the parties. It is agreed that immediately following formation of the entity, that a feasibility study be conducted, under the terms mentioned above, on the placement of the Community Centers on Tigard-Tualatin School District property at the Avery Site in Tualatin and a site to be determined in Tigard. Joint Use of Equipment. The entity and participating jurisdictions shall enter into one or more agreements authorizing the lease, joint-use, joint-maintenance, joint-purchase and other aspects of equipment management as appropriate and cost-effective. Facility and Program Development and Operation. The entity will undertake an inclusive public process to design facilities and programs that meet the needs of district residents. District programs will be operated and maintained at a level commensurate with the size and scope of district facilities. Duration, Renewal and Withdrawal. The IGA forming the entity shall specify a minimum duration, procedures for renewal.and procedures for withdrawal by a participating jurisdiction. It is understood by the parties that annexation, withdrawal, merger and dissolution of the district are governed by state law. Non-participation in the entity will generally have no direct impact on the authority and responsibility of the district to levy taxes and provide services within the district. District Board. It is the intent of the Washington County Board of Commissioners, acting as the district board of directors, to enter into the IGA or otherwise contract with the entity whereby the District serves as a funding source only, and the entity provides recreation services and district operations to the fullest extent permitted by law, including policy setting and budget adoption. It is understood by the participants, however, that the Board of Commissioners cannot legally bind itself to any particular course of action given that the district has not been formed. 2 Revised Final Draft - May 9, 2000 PARTIES TO AGREEMENT CITY OF TIGARD By: Date: CITY OF TUALATIN By: Date: TIGARD-TUALATIN SCHOOL DISTRICT By: Date: WASHINGTON COUNTY By: Date: s 1 a 3 ftm fJ& 1W 00" Plow %ftr dated Z3 6D ATFALATI RECREATION PARTNERSHIP PUBLIC REPORT (revised June 21, 2000) CONTENTS I. Overview II. Background III. Current Services & Needs Assessment IV. Proposed Facilities and Services V. Formation Process VI. Governance VII. Financing VIII. Findings concerning compliance with existing law, goals, and plans IX. Appendices: Map and proposed budget 1. OVERVIEW This proposal grows out of a grass-roots effort to enhance recreational opportunities in the Tigard-Tualatin area. After extensive community involvement, analysis by an outside consultant, and a public opinion survey that confirmed the need for more organized, accessible recreational opportunities in the area, the task force (which originally included six other local jurisdictions along with a representative from the County) coalesced around the current proposal. WHAT IS THE ATFALATI RECREATION PARTNERSHIP? This proposed new district is a partnership of the cities of Tigard and Tualatin, the Tigard-Tualatin School District and Washington County. If approved by the voters, these agencies will work together to manage a new recreation district that provides a variety of recreation programs, services, and facilities to people of all ages. WHAT IS THE PURPOSE OF THE PARTNERSHIP? The goals of the new district are to: Develop new facilities and standardize, improve and maintain existing conununity facilities Formalize and/or develop athletic and non-athletic programs outside of those provided by the school district and municipalities Coordinate existing athletic and non-athletic programs Support and promote development of a regional trail and open space system Atfalati Recreation District Public Report 1 Washington County Administrative Office - May 25, 2000 WHY DO WE NEED THIS AGENCY? A feasibility study for the district identified a number of reasons to form this district. • Recreation programs and facilities provide a variety of benefits for everyone in the district, including improving individual well-being, community cohesion, and the economic attractiveness of the area. There is a shortage of recreational opportunities in this heavily-populated area of the County not likely to be met by the cities or other existing jurisdictions, given limitations on existing resources. The proposed district is a cost-effective way to make better use of existing and new resources. WHO WILL MANAGE THE DISTRICT? If approved by the voters, the District will be managed by a Board established by an Intergovernmental Agreement (under ORS 190) with members appointed by the County, the cities of Tigard and Tualatin, and the TTSD (see section VI below). WHO WILL PAY FOR THE DISTRICT? This November, voters will be asked to approve formation of the district and additional property taxes to pay for its operation. The average homeowner in the district can expect to pay about $104 a year to support the district. This cost is comparable to similar sized districts in other communities, though it is significantly less than the cost to operate some districts, such as the Tualatin Hills Park and Recreation District. In addition to property taxes, some district programs, such as swimming and other activities, will require modest fees to cover a portion of the district's costs. People who live outside the district will be able to participate, but will likely pay higher fees to enroll in district programs. WHAT KINDS OF FACILITIES AND SERVICES WILL THE DISTRICT PROVIDE? The Partnership will offer a variety of athletic and non-athletic programs. Facilities may include: ® New community/ recreation centers in Tigard and Tualatin New pedestrian trail and bridge over the Tualatin River connecting Cook, Durham and Tualatin community parks ® Improvements to existing neighborhood school or other indoor and outdoor facilities, including playing fields, trails, open space, activity rooms and gymnasiums Atfalati Recreation District Public Report 2 Washbigtoli COU11ty Adilliliistrative Office - May 25, 2000 In addition, the District will provide or help coordinate a variety of programs for children and adults. The exact mix of activities and design of facilities will be decided after an in-depth process to determine what people in the district most want and need. Programs may include: • Classes for adults or children such as drawing, dance, photography, ceramics, dog- training, cooking, etc.) • Child care and after school programs • Chess club, computer club or similar activities for youth • Youth athletic programs and facilities • Swimming classes for children and adults • Adult athletic programs such as volleyball, basketball and aerobics • Programs targeted especially to seniors such as social events, exercise and nature programs. The district also may help coordinate and provide facilities for existing programs such as little league baseball, youth soccer and indoor basketball. II. BACKGROUND & RATIONALE In early 1997, the Atfalati Recreation District (ARD) was formed as a non-profit organization to explore the feasibility of forming a recreation district in the southern Washington County area. At the same time, local governments were completing a study as part of the Beaverton/Tigard Urban Services Project which concluded that a new park and/or recreation district in the Tigard/Tualatin area was perhaps the best way to address the shortage of recreation opportunities there. The concept gained momentum and resulted in an agreement among seven jurisdictions to conduct a feasibility study. With help from the consulting firm Cogan Owens Cogan (COC), the ARD began a process defined by close cooperation with the potential local government partners and a focus on citizen involvement. Public concerns (as identified through public hearings and through surveys conducted for ARD by Riley Research Associates) were incorporated into COC's Feasibility Study, which recommended the formation of a District including the four current partners. Why Form a New Recreation District? There are several strong arguments in favor of the formation of the district. While recreation services benefit the entire community, existing resources are inadequate to Atfalati Recreation District Public Report 3 Washington County Administrative Office - May 25, 2000 \1 pay for the adequate levels of service in the affected areas, and the city/county permanent tax rates cannot be expanded to pay for them. Even if the cities could afford to expand their current services, the regional approach embraced by the proposed district is the most cost-effective way to deliver these services in a comprehensive way. Individual, community, economic and environmental benefits from park and recreation programs abound. Individual benefits include improved health and fitness, longevity, enhanced creativity and a sense of well-being. Community benefits include improved community identity and spirit, opportunities for connecting neighborhoods and families, and youth activities that may reduce social problems. Economic benefits include higher property values and community services that enhance overall livability. Environmental benefits include improved access to open space and natural areas and better habitat for urban wildlife. The proposed district would provide these and other services for the region. The proposed district would expand and enhance existing recreation services provided by area school districts and municipal park systems. These service providers cannot expand their level of support for regional recreation programs with existing resources. The cost to develop the facilities and operate the programs outlined in the study is beyond the means of existing service providers. The school districts and cities have important resources they can contribute to the effort, however, and cooperating in the use of these resources is an important value-added benefit from establishing a regional recreation district. Efficiency in the delivery of services arises from the joint use of land already in public ownership, expanded use of existing facilities, and contracted use of personnel and other resources. III. CURRENT SERVICES & NEEDS ASSESSMENT A detailed inventory of current facilities and services was developed which confirmed that there is currently a shortage of recreational facilities and programs in the area the new district would serve. Drawing on National Recreation and Park Association Standards, and Tualatin Hills Parks and Recreation District standards, the steering committee developed target service levels for a variety of recreation facilities and programs. The following table compares these standards to current levels of service in the Tigard-Tualatin area, and shows how the expected service shortfall would increase between now and 2020: Recreation facility Proposed # currently # needed to Current Shortfall standard (per needed to meet standard shortfall by 2020** population) meet standard in 2020* Community Center 1/30,000 3 3 3 3 Swimming Pool 1/20,000 3 4 1 2 Atfalati Recreation District Public Report 4 Washington County Administrative Office - May 25, 2000 c { Baseball field 1/6000 10 14 2 6 Softball/little league 1/2000 30 43 7 20 Outdoor basketball 1/3000 20 29 11 20 courts Outdoor basketball 1/1000 60 86 27 53 hoops Indoor basketball/ 1/2000 30 43 3 16 volleyball courts Football fields 1/5000 12 17 7 12 Grass soccer fields 1/2500 24 34 5 15 Artificial soccer fields 1/20000 3 4 2 3 Tennis courts 1/2000 30 43 1 14 Outdoor volleyball cts 1/10000 6 9 4 7 * based on population estimates from the PSU Center for Population Research in the absence of some other provision of additional facilities in the meantime As these standards were being developed and preliminary needs assessed, stakeholder interviews and visits with participating city councils and board members were conducted. Based upon these interviews and assessments, Steering Committee members decided to focus on: 1) regional, community level facilities rather than on neighborhood level facilities; and 2) recreational service delivery only (leaving park service delivery to participating jurisdictions). Public Opirliort Survey After a service concept for the proposed district began to take form, the Steering Committee began work with Riley Research Associates to conduct a statistically valid random sample of likely voters in the study area. The purpose of this survey was to gauge current satisfaction with parks and recreation opportunities, as well as the perceived level of need, and the potential level of support for a proposed new district. i Survey boundaries were the same as the feasibility study (which at the time included Sherwood and Durham). Key findings confirm the shortage of recreation facilities and programs in the area: • Roughly two-thirds of respondents identify at least one park and recreation need in a the area (69%), including more park facilities (23%) and more recreation facilities (13%). Just 9% feel that the area had no additional needs. Atfalati Recreatim District Public Report 5 Washington County Adrntinistrative Once - May 25, 2000 MOORE 11=IMJ • The majority of respondents feel that the creation of a parks and recreation district is a good (or very good) idea (80%). • The most popular features of the proposed district are hike/bike trails (62%), natural areas (57%), youth centers (46%), aquatic parks (46%), and indoor activity centers (44%). IV. PROPOSED FACILITIES AND SERVICES The Partnership will offer a variety of athletic and non-athletic programs. Facilities may include: • New community/ recreation centers in Tigard and Tualatin • New pedestrian trail and bridge over the Tualatin River connecting Cook, Durham and Tualatin community parks • Improvements to existing neighborhood school or other indoor and outdoor facilities, including playing fields, trails, open space, activity rooms and gymnasiums In addition, the District will provide or help coordinate a variety of programs for children and adults. The exact mix of activities and design of facilities will be decided after an in-depth process to determine what people in the district most want and need. Programs may include: • Classes for adults or children such as drawing, dance, photography, ceramics, dog- training, cooking, etc.) • Child care and after school programs • Chess club, computer club or similar activities for youth • Youth athletic programs and facilities • Swimming classes for children and adults • Adult athletic programs such as volleyball, basketball and aerobics • Programs targeted especially to seniors such as social events, exercise and nature programs. The district also may help coordinate and provide facilities for existing programs such as little league baseball, youth soccer and indoor basketball. V. FORMATION PROCESS Atfalati Recreation District Public Report 6 Wasliington Counhj Administrative Office - May 25, 2000 MISS June 27 First Public Hearing Benefits of new District; hearing continued to August 15. August 15 Second Hearing Board Resolution and Order stating the intent to initiate formation, calling for election, and consideration of ballot title. November 7 Election Ballot measure authorizing formation and financing of the District Effective Date If the proposal is approved by voters in the November election, the Board of Commissioners must issue an Order within 30 days establishing and forming the district; the district is legally established on the date of this Order. VI. GOVERNANCE If approved by the voters, the District will be managed by a Board established by an intergovernmental agreement (under ORS 190) with members appointed by the County, the cities of Tigard and Tualatin, and the TTSD. Because the district is enabled by ORS 451 as a county service district, the Washington County Board of County Commissioners (BOCC) would have -to adopt and approve the district's operating budget and tax levy each year. The BOCC also must approve all debt issued by the district. The County's oversight involvement would, however, be limited to these formal functions. All day-to-day management and policy decisions would be made by the district's governing board. VII. FINANCING This cost is comparable to similar sized districts in other communities. In addition to property taxes, some district programs will require modest fees to cover a portion of the district's costs. People who live outside the district will be able to participate, but will likely pay higher fees to enroll in district programs. If voters approve the district formation and a permanent tax rate in November 2000, tax revenue will not be collected and disbursed until the following year. The District can still operate using interim financing from tax anticipation notes or inter-fund loans through Washington County. Atfalati Recreation District Public Report 7 Washington County Adtiziiiistrative Office - May 25, 2000 VIII. FINDINGS CONCERNING COMPLIANCE WITH EXISTING LAW, GOALS, AND PLANS County 2000 The proposed service district is consistent with the County 2000 Strategic Plan. The proposed special district best meets the need for increased recreation facilities and programs in the Tigard-Tualatin area. Service delivery and finance: While our strategic plan values parks and recreation as an important part of livability, County 2000 commits us to prioritizing countywide services and essential functions not met by other jurisdictions. Because the proposed district serves only part of the county, it is appropriate for the County to play a partnership role, collaborating with other jurisdictions to meet that need. There will be little direct fiscal impact on the County, since the service district will be funded by taxpayers within the district. Oregon Statutes Governing Boundary Changes Several chapters of the Oregon Revised Statues oblige local governments to exercise their planning and zoning responsibilities in accordance with applicable state and local land use rules, plans and goals. ORS 199 further directs local governments to avoid fragmented, overlapping systems for the provision of services, and specifies criteria that must be addressed by any boundary change (including the formation of a new special district like this one). This proposal complies with these requirements and expectations. ORS 198.805 require the Board of commissioners to determine whether the affected area could be benefited by the formation of the district, in accordance with the following criteria: 1) local comprehensive planning for the area 2) economic, demographic and sociological trends and projections pertinent to the proposal, and 3) past and prospective physical development of land that would directly or indirectly be affected by the proposed boundary change or application. Local comprehensive plans and applicable provisions of the Metro Code are addressed below. Economic, demographic and sociological trends and projections were key Atfalati Recreatior► District Public Report 8 Washfiiglon Counly Adrrririistrative Office - May 25, 2000 considerations of the task group in the development of this proposal (see especially Section III above). Nothing in the proposal commits the District to a decision that affects any particular parcel of land. OILS 198.805 further stipulates that "In determining the boundaries of the proposed district, the board shall consider the benefit the proposed district will have within the territory in or out of the proposed district. The board shall not modify the boundaries so as to exclude from the proposed district any land which could be benefited by its formation, nor shall there be included any land which will not, in the judgment of the board, be benefited." The benefits to the territory within the proposed district are summarized under Section 11. Since the proposed district is coterminous with the participating jurisdictions, and other jurisdictions that had an opportunity to participate chose not to do so, there seems to be no reason to consider an expansion of the proposed boundaries. Statewide Planning Goals The district complies with Oregon's Statewide Planning Goals and Guidelines, specifically Goal 1 (Citizen Involvement) and Goal 8 (Recreational Needs). Incorporating the active participation of citizens is crucial to the success of the District, and efforts have been made throughout the process (which in part grew from a grassroots effort to enhance recreation facilities and programs in the area) to bring in all stakeholders in hearings, interviews and workshops. Goal 8 directs governments in Oregon to focus on recreation facilities and uses that: ❖ meet recreational needs requirements for high density population centers ❖ meet recreational needs of persons of limited mobility and finances ❖ meet recreational needs requirements while providing the maximum conservation of energy both in the transportation of persons to the facility or area and in the recreational use itself minimize environmental deterioration, and are available to the public at nominal cost We believe the proposed district complies with these guidelines. Metro Boundary Change Code 3.09.050(b) Atfalati Recreation District Public Report 9 Wasliingtoii County Administrative Office - May 25, 2000 The formation of a new district is considered a "major boundary change," and thus must comply with the requirements of Metro's Boundary Change Code, which stipulates (at 3.09.050) that we address the following criteria: The extent to which urban services are presently available to serve the affected territory See Section III above. Although the cities and the school district do provide some recreation services, the ARP steering committee identified significant unmet need in the affected area. Compliance with any relevant urban service provider agreements adopted pursuant to ORS 195.065 Under ORS 195.065, local governments are charged with developing Urban Service Agreements (USA) that specify how the provision of urban services to unincorporated areas within the urban growth boundary will be handled, and the roles of various parties in the event of annexation. The County is currently developing an Urban Service Agreement that discusses parks and recreation for the unincorporated area between Beaverton and Tigard (a portion of which is within the bounds of the proposed Atfalati District). While this USA is still in development, it is worth noting that the proposed special district is congruent with the task group's recommendations that "The City [of Tigard] and County should further examine the feasibility of creating a park and recreation district for the Tigard Urban Service Area." Consistency with comprehensive land use plans, public facility plans The City of Tualatin's Parks and Recreation Master Plan, along with chapter 15 of its Development Code, commit the city to: the development of a system of neighborhood parks, joint use agreements with the school district for the joint use of school land for neighborhood park facilities, and the development of a comprehensive City recreation program "with an emphasis on youth activities, cultural activities, and the City's r natural environment." D The proposed district incorporates these aims, building a partnership with the TTSD, the County and the City of Tigard to provide a comprehensive recreation programs in a a cost-effective way. a We find that the proposed district is consistent with the land use and public facility plans of the City of Tigard. Consistency with regional framework mid fulictional plans and regional urban grozoth goals Atfalati Recreation District Public Report 10 Washingtoli County Administrative Office - May 25, 2000 r The proposal is consistent with Metro's Functional Plan and Framework Plan. These plans stress regional coordination and planning that preserve and enhance existing recreational and natural resources. The Regional Framework Plan provides that "local governments shall remain responsible for the planning and provision of community and neighborhood parks, local open spaces, natural areas, sports fields, recreational centers, trails and associated programs within their jurisdiction." The Plan further directs local governments to develop and implement Master Plans for local systems of parks and recreation as well as establish "level of service standards" based on community needs. The proposed district will greatly enhance the Tigard-Tualatin area's compliance with these expectations. Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party The Proposal will not result in the withdrawal of territory from any existing jurisdiction. The-proposed effective date of the decision If the proposal is approved by voters in the November election, the Board of Commissioners must issue an Order within 30 days establishing and forming the district; the district is legally established on the date of this Order. Metro Boundary Change Code 3.09.050(d) The Metro Boundary Change Code stipulates that "An approving entity's final decision on a boundary change shall include findings and conclusions addressing the following criteria:" Consistency with directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065 Under ORS 195.065, local governments are charged with developing Urban Service Agreements (USA) that specify how the provision of urban services to unincorporated areas within the urban growth boundary will be handled, and the roles of various parties in the event of annexation. The County is currently developing an Urban Service Agreement that discusses parks and recreation for the unincorporated area between Beaverton and Tigard (a portion of which is within the bounds of the proposed Atfalati District). While this USA is still in development, it is worth noting that the proposed special district is congruent with the task group's recommendations that "The City [of Tigard] Atfalati Recreation District Public Report 11 Washington County Administrative Office - May 25, 2000 and County should further examine the feasibility of creating a park and recreation district for the Tigard Urban Service Area." Consistency with directly applicable provisions of urban planning or other agreements, other than agreements adopted pursuant to ORS 195.065 between the affected entity and a necessary party No such agreements apply. Consistency with specific directly applicable standards or criteria for boundary changes contained in comprehensive land use plans and public facility plans Nothing in this proposal conflicts with the relevant plans of the City of Tigard and the City of Tualatin. Consistency with specific directly applicable standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plan The findings in this report address applicable standards or criteria for boundary changes contained in the Metro Boundary Change Code Whether the proposed change will promote or not interfere with the timely, orderly and economic provision of public facilities and services The proposed district is meant to promote the timely, orderly and economic provision of public recreation facilities and services. a { ACKNOWLEDGEMENTS We wish to express our thanks to Cogan Owens Cogan LLC, Portland and Jim 3 Breithaupt, Salem for their assistance to the ARP Task Force, and their analysis, which a contributed substantially to this report. We also wish to thank Deniece Won at Metro, a Justin Patterson and Will Harper at the City of Tualatin for their assistance with the findings in section VIII. Atfalati Recreation District Public Report 12 Washington Comity Administrative Of)ice - May 25, 2000 i -I a~ i Atfalati Recreation District Public Report 13 Washington Counhj Administrative Once - May 25, 2000 Table 2 (Expanded) -Atfalati Recreation Partnership May26 2000 Proposed Budget Years 1 - 5 Year 1(2001.2002) Year 2(2002.2003) Year 3 (2003-2004) Year 4(2004.2005) Year 5 (2005-2006) Source/Comment GENERALFUND Revenues Beginning Fund Balance $ 357,000 £ 295,300 S 275,513 S 629,183 £ 864,638 Proceeds from Tax Anticipation Notes in Year 1 Property Taxes Current years levy 2,166,780 2,259,553 2,285,610 2,334,330 2,434,290 Based on current AV for district; assumes increase of 4.3% per Prior years levy 43,300 88,500 134,200 137,600 Percentage (2%) of each of previous three years' levies Interest on Investment 17,720 16,530 37,750 51,880 From Tax Anticipation Notes Grants and Donations 25,000 50,000 50,000 50,000 50,000 Willamafane budget (65% of Wllamalane total) Program and Activity Fees 137,860 174,970 206,570 596,535 1,180,220 Assume recovery of a given percentage of programming tests Facility rentals (indoor 8 outdoor) - 5,000 15,000 30,000 45,000 Willamalane budget (80% of Willamalane total); PDX Parks staff Payments for services Identify services to be assumed from other cities or SD From participating jurisdictions - - - Payments for services From private entities 10,100 11,000 15,000 17,480 Payments for scheduling, coordination services Subtotal $ 2,329,640 $ 2,561,243 S 2,673,210 $ 3,197,815 $ 3,916,470 Total General Fund Revenues £ 2,686,640 £ 2,856,543 $ 2,948,723 £ 3,826,998 £ 4,781,108 Pagel Table 2 (Expanded) • Atfalati Recreation Partnership May 26.2000 Proposed Budget: Years 1 . 5 Year 1 (2001.2002) Year 2 (2002.2003) Year 1(2003.2004) Year 4 (2004.2005) Year 5 (2005.2006) Sourcc/Comment !Expenditures Administrative Servic¢s Personal Services: FTE FTE FTE FTE District Director 1.00 80,000 1.00 82,400 1.00 84,900 1.00 87,400 1.00 90,100 WIIlemalane and Chehalem budges Administrative Asst. 1.00 36,000 1.00 36,000 1.00 36,000 1.00 36,000 1.00 36,000 wltamalane and Chehatem budgets Clerk/Finance Dir. 0.50 22,500 1.00 46,400 1.00 47,800 1.00 49,200 1.00 50,700 Willarnalane and Chehalem budgets Facility Planner 1.00 45,000 1.00 46,400 1.00 47,800 1.00 49,200 1.00 50,700 Oregon Planning Network job listings Program Coordinator 1.00 45,000 1.00 46,400 - 1.00 47,600 1.00 49,200 1.00 50,700 Willamalane and Chehalem budgets -I _ri2ll¢ oporlrHR 0.50 16.000 0.50 16.500 1.00 34,000 2.00 70,000 2.00 74,300 Wilamatane and Chehalem budgets Total Salaries 5.00 S 244,500 5.50 $ 274,100 6.00 $ 298,300 7.00 $ 341,000 7.00 $ 352,500 Fringe Benefits (30% of salaries) 73,350 82,230 89,490 102,300 95,180 LaPme budget Total Personal Services $ 317,850 S 356,330 $ 387,790 $ 443,300 S 447,680 Materials b Services: Office Rent (1,200 sq. ft. @ $1.62/mo.) 23,400 23,400 23,400 23,400 - Commercial rental rates in Tigard area Utilities 1,200 Willarnalane budget Legal services (contract) 3,000 6,000 9,000 9,000 9,000 Chehalem budget Annual Audit 7,500 7,500 7,500 7,500 7,500 Chehalem budget Telephone 400 600 800 800 800 Willamatane budget (assume 80% of Willamalane cost) Computer Maintainence/Repair 10,000 10,000 10,000 10,000 10.000 John Anderson/ARD estimate Office supplies 500 750 1,000 1,000 1,000 Willamalanebudget (assume 80%of Willamalanecost) Training 8 conference 1,600 2,400 3,200 3,200 3,200 Willamatane budget (assume 80% of Willarnalane cost) Vehicle mileage reimbursement 600 900 1,200 1,200 1,200 Willarnalane budget (assume 80% of Willamalane cost) Equip. maintenance 800 800 1,600 1,600 1,600 Willamalane budget (assume 80% of Willarnalane cost) Willamalane budget (assume 80% of Willamalane cost); plus funds Printing & advertising 1,400 1,600 800 800 800 for design of Initial materials (years 182) Copy machine lease/supplies 2,000 2,000 2,000 2,000 2.000 COC Estimate Postage 100 150 200 200 200 Willarnalane budget (assume 80% of Willamalane cost) Insurance services 3,500 3,500 3,500 3,500 3,500 Chahalem budget TAN Issuance costs 7,140 Assume 2% of value of TANs. Interest payments for TANs 10,550 Repay TAN Principal 357,000 - - County election/feasibility study cost 112,000 Reimbursement of COC study costs and County election costs Total Materials d Services S 541.490 S 59.600 $ 64,200 5 64.200 $ 42,000 Capital Outay.• Assume purchase in year 1, with average annual replacement cost Furniture/furnishings 5,200 780 780 780 780 15% of total Computers & software 119,000 1,280 1,280 1,280 1,280 Includes programming/scheduling software; John Anderson/ARD Telephone system 3,000 300 300 300 300 COC estimates; assumes ten-year life. Vehicle Lease/Purchase 4,320 4.320' 4,320 4,320 4,320 Estimated lease/operating cost for one vehicle Financial Software 15,000 3,000 3,000 3,000 3,000 Jim Bretthaupt estimate for small organization Total Capital Outlay S 146,520 $ 9,680 $ 9,680 $ 9,680 $ 9,680 Total Expenses - Administrative Services S 1,005,860 S 425,610 S 461,670 $ 517,180 $ 499,360 Page 2 Table 2 (Expanded) - Atfalati Recreation Partnership May 26 2000 Proposed Budget Years 1 - 5 Year 1 (2001-2002) Year 2(2002.2003) Year 3 (2003-2004) Year 4(2064.2005) Year 5(2005.2006) Source/Comment Facilities Mana ement Personal Services: FTE FTE FTE FTE FTE Tigard Center Facil. Mgr. 0.50 21,000 1.00 42,000 Willamalane, Chehalem budgets Tigard Janitorial Staff 0.50 16,000 1.00 32,000 Willamalane, Chehalem budgets Tigard Center Secretary 0.50 16,000 1.00 32,000 Willamalane, Chehalem budgets Tigard Center Billing Clerk - - - - - 0.50 8,000 0.50 16,000 Willamalane, Chehalem budgets Tualatin Center Facil. Mgr. - - - - 0.50 21,000 1.00 42,000 Willamalane, Chehalem budgets Tualatin Janitorial Stall 0.50 16,000 1.00 32,000 Willamalane, Chehalem budgets Tualatin Center Secretary - - - - 0.50 16,000 1.00 32,000 Willamalane, Chehalem budgets Tualatin Center Billing Clerk - - - - 0.50 8,000 0.50 16,000 Willamalane, Chehalem budgets Percentage of costs for an properties based on $4,000 per acre Outdoor facilities staff 1.00 264400 2.00 664000 2.00 791200 3.00 925400 cost Total Salaries - 5 - 1.00 $ 26,400 2.00 S 66.000 6.00 S 201,200 10.00 S 336,400 Fringe Benefits (30% of salaries) 7,920 19,800 60,360 100,920 Toml Personal Services S - $ 34,320 S 85,800 $ 261,560 $ 437,320 Materials & Services: Willamalane budget (includes fuel oil, gas, propane, eleCrk, Utilities - - 21,000 42,000 water) Telephone - - - 3,250 6,500 Chehalem budget Maintenance supplies - - - 6,000 12,000 Willamalane budget Training & conference 1,000 2,000 COC estimate Printing 750 1,500 Willamalane budget Vehicle mileage reimbursement 600 1,200 Willamalane budget Vehicle expense - - - 4,400 8,800 Assume two leased vehicles (car d pickup) for facilities staff use Building repair&maintenance 30,000 30,000 30.000 30,000 60,000 Willamalane budget Equip. repair 8 maintenance 800 800 800 800 1,600 Willamalane budget Computer Maintainence/Repair - - - 2,500 10,000 ARD; John Anderson Copy machine lease/supplies - - - 1,200 2,400 COC estimate Postage - - - 200 400 Chehalem budget Ass Comm. Center Outdoor Maint. - - - 26,000 56,000 ac eume seven acres of outdoor facilities per center Q $4,000 per Contractor services - 5,000 15,000 15,000 30,000 Chehatem budget - assume 200% of their budget in year 5 Outdoor maintenance supplies - 13,600 34,000 40,800 47,600 Assume 25% of total costs Insurance Service 9,000 18,000 Chehalem budget Total Materials 8 Services S 30,800 5 49,400 $ 79,800 5 164,500 5 300,000 Capital Outlay Preliminary assumtion only. need to confirm based on review of Fumiturelfumishings - - 10,000 2,000 other budgets; bulk of costs included in capital projects fund Computers & software 2,500 33,900 ARD; Jahn Anderson Total Capital Outlay S - $ - S 10,000 S 2,500 $ 35,900 Total Expenses -Facilities Management S 30,800 $ 83,720 $ 175,600 $ 428,560 $ 773,220 Page 3 Table 2 (Expanded) •Atfalati Recreation Partnership 61ay 26, 2000 Proposed Budget: Years 1 - 5 Year 1 (2001.2002) Year 2 (2002.2003) Year 3 (2003.2004) Year 4 (2004.2005) Year 5 (2005-2006) Source/Comment Pro rams and Activities Personal Services: FTE FTE FTE FTE FTE Cost figures for these programs include fringe benefits Aquatics Scheduling and coordinalio Other districts' budgets Lifeguards 8 Instructors Subtotal Outdoor Programs Scheduling and coordinatio - 0.50 21,400 0.50 22,000 0.75 34,050 0 75 34,950 Other districts' budgets Instructors 45,840 94,440 121,120 145,080 Other districts' budgets Subtotal - 67,240 116,440 155,170 180,030 Indoor Programs Tigard Community Center Programming staff - - - - 0.50 22,000 1.00 44,000 Other districts' budgets Youth activity staff 235,300 470,600 Percentage of current estimates Adult activity staff - - - - 92,600 185200 Percentage of current estimates Special program staff - 20,700 41,400 Percentage of current estimates Subtotal - - - 370,600 741,200 Tualatin Community Center Programming staff - - - - 0.50 22,000 1.00 44,000 Otter districts' budgets Youth activity staff - - - - - 235,300 470,600 Percentage of current estimates Adult activity staff - - - - - 92,600 185200 Percentage of current estimates Special program staff 20,700 41,400 Percentage of current estimates Subtotal - - - 370,600 741,200 Other indoor activities Programming staff 1.00 40,640 1.00 41,900 1.00 43,200 1.00 44,500 1.00 45,800 Other dis-Licts' budgets Activity staff 235.080 240,800 253,600 252.200 258,800 Percentage of anent estimates Subtotal 275,720 282,700 296,700 296,700 304,600 Total Personal Services Costs 275,720 349,940 413,140 1,193,070 1,967,030 r r Page 4 Sam Table 2 (Expanded) -Atfalati Recreation Partnership May 26, 2000 - Proposed Budget: Years I- 5 Year 1 (2001.2002) Year 2 (2002.2003) Year 3 (2003-2004) Year 4 (2004.2005) Year 5 (2005.2006) Source/Comment Materials 8 Services: Aquatics materials and supplies Outdoor Programs Printing/AdverUPublicity, - 1,000 1,500 1,500 2,000 Contractor services 5,000 7,500 7,500 10,000 Part-time staff and miscellaneous special programs costs Subtotal - 6,000 9,000 9,000 12,000 Indoor Programs Tigard Community Center Teavel 8 training - - - 1,600 3,200 Willarnalane budget (80% of VYllarnalane combined cost) Vehicle mileage reimbursement - - 1,600 3,200 Willarnalane budget (80% of Willamalane combined cast) Equip. maintenance 1,000 2,000 Willarnalane budget (80%of Willamalane combined cost) Insurance services - - - 4,000 8,000 Chehatem budget Copy machine leaselsupplies 400 800 Willamalane budget (assume 80%of Willarnalane cost) Printing/AdverUPublicity - - 2,500 5,000 Chehalem budget Telephone 1,500 3,000 Chehalem budget/COC estimate Postage 300 600 Chehalem budget Subtotal - - - 12,900 25,800 Tualatin Community Center Travel 8 training - - 1,600 3,200 Willarnalane budget (80% of Willarnalane combined cost) Vehicle mileage reimbursement - - 1,600 3,200 Willarnalane budget (80% of Willarnalane combined cost) Equip. maintenance 1,000 2,000 Willarnalane budget (80%of N4llamalane combined cost) Insurance services 4,000 8,000 Chehalem budget Copy machine leasetsupplies - - - 400 800 Willarnalane budget (80% of Willarnalane combined cost) Printing/Advert./Publicity - - - 2,500 5,000 Chehatem budget Telephone - - - 1,500 3,000 Chehalem budgeUCOC estimate Postage 300 600 Chehatem budget Subtotal $ - $ - $ - $ 12,900 $ 25,800 Other Indoor Material and Services $ 40,000 $ 40,000 $ 40,000 $ 40,000 $ 60,000 Tclal Materials and Serrices S 40,000 s 46,000 S 49.000 $ 74,800 $ 123,600 Page 5 H cif _ Ili ~i I yL V11I1L11 1 1111111 Table 2 (Expanded) -Atfalati Recreation Partnership May26, 2000 Proposed Budget: Years 1 - 5 Year 112001-2002) Year 2 (2002-2003) Year 3 (2003-2004) Year 4 (2004.2005) Year 5 (2005-2006) Source/Comment Capital Outlay. Aquatics equipment THPRD Athletic Center budget; assume 30% of their costs in year Outdoor programs equipment & suppli( 10,000 20,000 22,500 30,000 5 Indoor Programs Tigard Community Center Wiilamalane budget; 80% of combined technical supplies and Recreational equip. & supplies - - - 4,000 8,000 general equipment Assumes one computer and scheduling sottware a $2,000 per Computers & software 1,000 2,000 center, additional costs included in other line items Subtotal 5,000 10,000 Tualatin Community Center Willamalane budget 60% of combined technical supplies and Recreational equip, & supplies 4,000 81000 general equipment Assumes one computer and scheduling software @7 $2,000 per Computers & software 1,000 2.000 center, additional costs included in other line items Subtotal - 5,000 10,000 Other Indoor 1,000 1,000 1,000 1,000 1,000 TTSD budget Total Capital Outlay $ 1,000 $ 11,000 $ 21,000 $ 33,500 $ 51,000 Total Expenses - Programs and Activities Management $ 316,720 $ 406,840 $ 483,140 $ 1,301,370 $ 2,141,630 Total General Fund Expenses $ 1,353,380 S 916,270 $ 1,120,410 $ 2,247,110 $ 3,414,210 Operating Contingency S (398,600) $ (366,500) $ (448,200) $ (898,800) $ (1,365,700) Transfers In Out Transfers to fund Master Plan development systemffacility Transfer tolfrom CIP Fund S (1,072,960) $ (1,724,760) $ (1,229,130) S (745,250) $ (345,000) Improvements and portion of facility design Transfer toffrom Debt Service Fund 35.000 60,000 30,000 30,000 35,000 Balancing item to cover property taxes not collected current year Total Fund Transfers S (1,037,960) $ (1,664,760) S (1,199,130) S (715,250) $ (310,000) Endi Fund Balance S 295,300 S 275,513 $ 629,183 $ 864,630 $ 1,056,698 Balancing item indicating cash on hand for operating expenum Page 6 MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council FROM: Bill Monahan, City Manager DATE: June 2, 2000 SUBJECT: Atfalati Recreation District As Council is aware, a package of information has been forwarded to the Washington County Board of Commissioners requesting that the question of forming the Atfalati Partnership Recreation District be placed on the November 2000 ballot. Included within the information is a Memorandum of Understanding that I signed on behalf of the City. On March 28, 2000, City Council authorized me to sign the Memorandum of Understanding when it was finalized as long as the figures in the final memo would not exceed 48 cents per $1,000 for the permanent levy and 35 cents per $1,000 for bonding. The Memorandum submitted to the County states within the section entitled, "Funding,": "It is anticipated that the permanent tax rate will not exceed 48 cents per $1,000 and the capital tax rate will not exceed 35 cents per $1,0000." 1 was advised earlier this week that Washington County has sought the opinion of its Bond Counsel regarding the authority of the County to issue ballot measures to form the partnership and authorize operating funding and, second, to approve the sale of general obligation bonds for capital expenditure. Bond Counsel has indicated that there is no clear authority to issue a ballot measure to approve the sale of general obligation bonds at this time since the District has not yet been formed. They also indicated that there is no law prohibiting this from occurring, however, a bond counsel must confirm that the sale of bonds is legally permissible. He also concluded that, with a lack of clear statutory authority, sale of the bonds could be difficult. i + Bond Counsel offered three potential solutions, which are included in the attached e-mail + that I received from Matt Hastie of the Cogan, Owens firm. Cogan, Owens is the consultant to the Atfalati Recreation District. The Steering Committee members, including i representatives of Tigard, Tualatin, Washington County, Tigard-Tualatin School District a and Atfalati have recommended use of a single ballot measure for the combined operating a and capital rates. Therefore, the recommendation that is proceeding to the County Commissioners is that a single ballot measure for a combined rate be placed before the voters along with formation of the District. Thus, the capital tax rate of 35 cents per thousand would not have a 20-year limit, but would be part of the permanent rate. Washington County Counsel Dan Olsen has reviewed this issue and feels that the resolutions passed by our City Council and the other potential members of the partnership as well as the Memorandum of Understanding are adequate and do not need to be revised. He feels that the resolutions express the intent to form the District and the rate is not a condition of that intent. I wanted to make City Council aware of this development. If Council wishes to review this matter further, we can discuss the process to do so at the June 13 City Council meeting. Since the matter is now in front of the Washington County Board of Commissioners, Council may wish to either collectively or as individuals express their opinion to the members of the Board. Attachment c: Ed Wegner, Public Works Director-Tigard I:%DM\BILL\000602-1 DOC JCJN X26 '00 05: 19PM RAMIS CREW CORRIGAN P.2 R.AMIg CREW COR.RIGAN & BACHRACH, LLP ATTORNEYS AT LAW 1727 N.W. Hoyt Street MEMORANDUM Portland, Oregon 97209 (503) 222-4402 Fox- (503) 243-2944 TO: Tigard City Council Bill Monahan, City Manager FROM: Charles E. Corrigan, Gary Firestone, City Attorney's Office DATE: June 26, 2000 RE: Atfalati Recreation District County Authority Issue BACKGROUND In March, the City Council approved a resolution consenting to the formation of the Atfalati Recreation Partnership, a county service district to be formed to provide recreation services in a ' portion of Washington County, including areas within the City. The Council also authorized the City Manager to sign a memorandum of understanding in the form attached to the resolution, or some' other form. The MOU attached to the resolution stated that it is anticipated that the permanent tax rate would not exceed $0.48/$1,000 and that there would be bond levies for capital facilities, subject to voter approval. The bond levies would result in increased taxation within the District. Since March, the County has been advised that it will not be possible to immediately authorize the bonds. The current plan for District formation provides for permanent tax rate higher than the anticipated $0.48/$1,000 to include funding for capital facilities. The total amount for the proposed permanent rate equals the amount anticipated for permanent tax rate plus levies to pay bonded indebtedness for capital improvements. Washington County Counsel Dan Olsen has concluded that the County can act on the exigting resolutions and that there is no reason to change the resolution or the MOU. oil SEMI JLIN'26 '00 05:20PM RAMIS MEW CORRIGAN P.3 Memorandum re: Atfalati Recreation District Formation Issues June 26, 2000 . Page 2 ISSUE Is Dan Olsen correct that the County can act on the existing resolutions to form the District and that the MOU does not need to be revised? ANSWER Mr. Olsen is legally correct that no revisions are needed for the County to proceed with formation of the District. Although no revisions are needed, the Tigard City Council may take action to clarify its position given the change in the proposed taxation for the District. ANALYSIS Resolution No. 12 gave unconditional consent to the formation of the District. Nothing in the resolution itself made the City's consent on funding or any other issue. Mr. Olsen's position that the Resolution provided the required consent by the City is legally correct. Resolution No. 12 also authorized the City Manager to enter into an MOU and the City Manager did so. The MOU stated that it was anticipated that the permanent tax rate would not exceed $0.48/$1,000 but did not expressly limit the tax rate to that amount and did not make the iax rate a condition of acceptance of the MOU. Once the District is formed, the tax rate will be an internal matter for the District, so the MOU cannot control the future tax rate. Again, Mr. Olsen is correct that the MOU does not prevent the District from being formed with a higher tax rate than anticipated. A statement that a particular tax rate is anticipated does not limit the tax rate to the stated amount. Given that additional taxation to pay bonded indebtedness for capital improvements was anticipated, the merging of the two tax rates into a single tax rate is not so extreme as to render the MOU ineffective. We agree with Mr. Olsen that the change in the taxation system, while ditl'erent from what was anticipated in the MOU, does not violate any express provision of the MOU and does not require a change in the MOU. The change in the taxation system may have some practical effect by making more of the proposed taxation for the District subject to constitutional property tax limitations. While Mr. Olsen is correct that no further action is needed, the City may take further action to clarify its position given the change in the proposed taxation for the District. ~f%activ9001C: a:ra~a:i,me3 MEMORANDUM CITY OF TIGARD, OREGON TO: City Council FROM: Bill Monahan DATE: July 5, 2000 SUBJECT: Resolution Reaffirming Consent to Formation of a new County Service District-Atfalati Recreation Partnership During the June 27, 2000, study session, Council asked that a Resolution be brought forward to the July 11 Council meeting to consider reaffirming Resolution No. 12. The City Council through Resolution No. 12 consented to formation of a new County Service District and agreed to the anticipated tax rates for operational and capital expenses as described in materials presented by the proponents of the District. Following adoption of Resolution No. 12, the Memorandum of Understanding was signed and forwarded along with other materials to the Washington County Board of Commissioners. Washington County Board of Commissioners held an initial public hearing to consider placing a ballot measure on the November 2000 ballot which would authorize Atfalati to tax at the rate of $0.83/1,000, combined operational and capital costs. The $0.83/1,000 tax rate was proposed following recommendation of Washington County's Bond Counsel. The City Council determined that it would be appropriate to consider whether the City wishes to reaffirm its intent to form the district and establish tax 1 rates for operating and capital costs. j Attached for your information are the following: a 1. Copy of Resolution No. 12-A resolution consenting to formation of a new County Service District. 2. Copy of Memorandum of Understanding-Atfalati Recreation Partnership 3 District (revised final draft-the draft signed by the parties). a 3. June 21, 2000, Atfalati Recreation Partnership public report which is before the Washington County Board of Commissioners. 4. June 2, 2000, memo from the City Manager to the City Council explaining the tax rate interpretation. i MINIMUM 5. May 31 e-mail from Matt Hastie explaining Washington County Bond Counsel's interpretation. 6. City Attorney Gary Firestone's legal opinion on the adequacy of Resolution No. 12. alts MADM\BILLVATFALATI SERVICE DISTRICT-RES 12.130C Pagel of 2 Bill, Below is an e-mail from Wayne Lowry regarding Dan Olsen's opinion about the possible need to revisit the Atfalati resolution with your and Tualatin's City Councils. Unfortunately, I do not have an e-mail from Wayne summarizing the County's bond counsel's opinion regarding including the operating and capital tax rates in a single ballot measure/permanent tax rate. However, here is a summary of Wayne's presentation at last week's Atfalati Steering Committee meeting: The bond counsel indicated that there is no clear authority to issue a ballot measure to approve the sale of general obligation bonds for a district that has not yet been formed. Though the counsel also indicated that there is no law prohibiting this action, a bond counsel must confirm that the sale of bonds is legally permissible. The lack of clear statutory authority would make this difficult. The counsel offered three potential solutions: 1) Issue separate measures and ask for a judicial validation after the fact. A judge may rule that it is • legal to pass both ballot measures at once and that the subsequent sale of bonds is legal. The counsel indicated that this is a risky option, given the lack of existing clear statutory authority and the possibility of a citizen raising an objection to these actions. There also is the risk of one measure passing and not the other. Bond counsel recommends against this option. 2) Refer the ballot measure to form the district and authorize the permanent rate now and refer a separate measure for the bonds at a future election. Steering Committee members noted that this also is risky. It may be more difficult and costly to pass these measures during different time frames and there is the risk of one passing and not the other. 3. Use a single ballot measure for the combined rates needed for operating and capital expenses (in a single permanent rate), along with formation of the district. The most significant potential drawback is that it takes away more of the existing available rate between existing rates and the $10 cap, though there still will be $3 - 5 available for most areas within the district. The advantages of this option are that it is less confusing to voters (one measure instead of two); there is no risk of one measure failing and one passing; and there is potentially more money available in the future (once initial capital bonds have been repaid) for operating expenses or additional capital facilities (alternatively, the district can levy only a portion of the permanent rate at that time). Washington County prefers this option. After a discussion of the advantages and disadvantages summarized above, Steering Committee members recommended the third alternative. They also discussed the potential need for each City Council and the School District Board to revisit and possibly amend the resolutions they passed consenting to formation of the district, since they refer to a specific maximum permanent rate. It should be noted that the combined rate is still lower than the sum of the maximum permanent and bonded rates referred to in the MOU. Dan Olsen, Washington County Counsel offered the opinion in the e-mail below regarding the legal and practical need to do this. q We (COC) requested a copy of the opinion from the bond counsel form Wayne. He indicated that the 7 opinion is preliminary and that the County typically does not release opinions from its bond counsel to the public given some sensitivity to the issues being evaluated. As we discussed, I suggest you request a copy of the opinion from Wayne directly. Please call me again if you need any further assistance on this. Thanks. Matt file://C:\WINDOWS\TEMP\GW }00002.HTM 5/31/00 Page 2 of 2 -----Original Message----- From: Wayne Lowry [SMTP:Wayne_Lowry@co.washington.or.us] Sent: Tuesday, May 30, 2000 4:46 PM To: 'mhastie@coganowens.com' Subject: Atfalati Dan just wrote me an e-mail regarding the questions we brought up at the meeting last week about the resolution and the MOU. He sees no legal reasons to change the resolutions or the MOU. The resolutions express the intent to form the district and the mention of the rate is not a condition of that intent. The MOU is a set of agreed upon principles and the rate is not a condition of the agreement. He thought it would be a good idea to make sure everyone is okay with the change but it does not appear to be legally required. Thanks Wayne Lowry, Finance Manager Washington County 155 N. First Ave., Suite 330, MS 25 Hillsboro, Oregon 97124-3072 (503) 846-8756 FAX (503) 846-4464 Wayne_Lowry@co.washington.or.us i i i i 7 file://C:\WINDOWS\TEMP\GW)00002.HTM 5/31/00 11 NINE M see also Zm,-s htkmo - -%d c k Sessi art AGENDA ITEM # I I FOR AGENDA OF 7/11/00 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Discussion of Vacancy in the Position of Mayor PREPARED BY: William A. Monahan DEPT HEAD OK VvVft**'~ CITY MGR OK ISSUE BEFORE THE COUNCIL Mayor Jim Nicoli passed away on Friday, June 30, 2000, creating a vacancy in the position of Mayor. Mayor Nicoli's term runs until 1/01/2003. This issue before Council is the process to be followed to fill the vacancy. STAFF RECOMMENDATION Staff recommends that City Council review the options established in the Tigard City Charter and establish a process to fill the vacancy of Mayor. INFORMATION SUMMARY Mayor Jim Nicoli passed away on June 30, 2000, with 30 months remaining in his terns of office, to January 1, 2003. Section 7 of the Charter states that in the event the office of Mayor or Councilor becomes vacant before the normal expiration of its term a special election may be held at the next available date to fill the office for the unexpired term. The City Attorney has determined that the operative word "may" which was approved by the voters in November 1994 allows the members of the City Council to choose whether to appoint a Mayor or call for an election. Options available to the Council will be discussed at the July 11 Council meeting involving input from the City Attorney and City Manager. Background materials for the discussion will be included within the Council Newsletter of July 7, 2000. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ' FISCAL NOTES I N/A I:\ADM\COUNCIL AGENDA ITEM SUMMARIES\MAYOR POSITION VACANCY.DOC MEMORANDUM CITY OF TIGA►RD, OREGON TO: Members of City Council FROM: Bill Monahan 6A DATE: July 7, 2000 SUBJECT: Council Discussion of Vacancy in the Position of Mayor During the study session portion of the Council meeting and Agenda Item 11, Council will discuss the vacancy in the position of Mayor. Attached are pages from the Municipal Code which are a good starting point. Please note that Section 7, third paragraph on page C-2 refers to the fact that Council may call for a special election to fill the remainder of the unexpired term. This is a change which was caused by Charter amendments passed in November 1994. Section 18 refers to the President of Council and when the President of Council becomes Mayor Pro-Tem. The second attachment begins with the page entitled "Election Deadline Dates-2000." Staff will discuss with Council deadlines related to calling for an election in November 2000 should the Council choose to call for an election. Tim Ramis and I will be meeting on Monday morning to talk about a number of issues and prepare our presentation for Tuesday evening. atts hADM\BILL\FILLING MAYOR VACANCY.DOC TIGARD MUNICIPAL CODE CITY CHARTER though this charter specifically enumerated each of those powers. CHARTER of the CITY OF TIGARD OREGON Referred to the voters and adopted November 6, Section 5. CONSTRUCTION OF 1962 (Amendments through September 21, 1999 CHARTER. Election) Effective January 1, 1963 In this charter no mention of a particular Chapter I power shall be construed to be exclusive or to NAME AND BOUNDARIES restrict the scope of the powers which the City would have if the particular power were not Section 1. TITLE OF ENACTMENT. mentioned. The charter shall be liberally construed to the end that the City may have all This enactment may be referred to as the City powers necessary or convenient for the conduct of of Tigard Charter of 1962. its municipal affairs, including all powers that cities may assume pursuant to state laws and to Section 2. NAME OF CITY. the municipal home rule provisions of the state constitution. The municipality of Tigard, Washington County, Oregon, shall continue to be a municipal Chapter III corporation with the name "City of Tigard". FORM OF GOVERNMENT Section 3. BOUNDARIES. Section 6. WHERE POWERS VESTED. The City shall include all territory Except as this charter provides otherwise, all encompassed by its boundaries as they now exist powers of the City shall be vested in the council. or hereafter are modified by voters, by the council, or by any other agency with legal power Section 7. MAYOR AND COUNCIL to modify them. The recorder shall keep at the city hall at least two copies of this charter in each The elective officers of the city shall be a of which the recorder shall maintain an accurate, mayor and four councilors who together shall up-to-date description of the boundaries. The constitute the City Council. At the general copies and descriptions shall be available for election held in 1990, and every fourth year public inspection at any time during regular office thereafter, a mayor shall be elected for a term of hours of the recorder. (Measure 3458, November four years. No councilor shall serve the city as 5,1996 election, Res. 96-53). councilor for more than eight consecutive years, nor shall the mayor serve as mayor for more than MAYOR COUNCIL FORM eight consecutive years. In no case shall any Chapter II person serve on the City Council for more than POWERS twelve consecutive years. These limitations do not apply to the filling of an unexpired term. Section 4. POWERS OF THE CITY. No person who is serving as mayor or The City shall have all powers which the councilor shall become a candidate for any city constitutions, statutes, and common law of the office for a term which would be concurrent with United States and of this State expressly or the term in office then held unless that person first _q impliedly grant or allow municipalities as fully as submits a written resignation from the then C-1 SUCode Update: 01/00 TIGARD MUNICIPAL CODE current office at the time of filing for the other Measure 53, November 2,1982 election). office. A resignation submitted to satisfy this section shall not be withdrawn. A resignation Section 9. shall be adequate for purposes of this section if it provides for the termination of the signer's service Repealed by Ordinance 72-16, Section 9, May in the office not later than the last day before 23, 1972 election. service would begin in the office for which that person seeks to become a candidate. Section 10. OTHER OFFICERS. In the event the office of mayor or councilor Additional officers of the City shall be a city becomes vacant before the normal expiration of its manager, municipal judge, a recorder, and such term a special election may be held at the next other officers as the council deems necessary. available date to fill the office for the unexpired Each of these officers shall be appointed and may term. Such an election shall only take place if the be removed by consent of the council. The council can schedule and hold a special election at council may combine any two or more appointive least twelve months before the term would city offices. The council may designate any otherwise expire. If an election is held, it shall be appointive officers to supervise any other held in accordance with the election laws of the appointive officer except the municipal judge in state of Oregon and city ordinances not the exercise of judicial functions. (Measure 34-88, inconsistent with such election laws. The council November 3, 1998 election, Res. 98-46; Measure may appoint a person to fill a vacancy until an 34-58, November 5, 1996 election, Res. 96-53; election can be held. (Res. 93-63, May 17, 1994 Measure 52, November 5,1985 election). election: Measure 34-7, May 15, 1990 election: Measure 51, November 4, 1986 election: Measure Section 11. SALARIES. 51, November 5, 1985 election: Measure 53, November 2, 1982 election: Measure 53, May 18, The compensation for the services of each 1982 election). city officer and employees shall be the amount fixed by the council. Section 8. COUNCILORS. Section 12. QUALIFICATIONS OF The councilors holding office at the time of OFFICERS. adoption of this amendment shall hold their offices for the balance of the terms for which they A qualified elector within the meaning of the were elected or appointed and until their State Constitution, who will have resided successors are elected and qualified. At each continuously for a period of twelve (12) months or general election after this amendment takes effect, more immediately preceding the election in an two councilors shall be elected for four-year area which is within the corporate boundaries of a terms, with the two candidates receiving the the City as the same shall exist as of a date one + highest number of votes being elected to office. In hundred twenty (120) calendar days immediately the event a vacancy exists on the City Council and prior to the date of the election (inclusive of all a special election is called to fill the vacancy as territory previously effectively annexed to the described in Section 7 above, the candidate City), shall be eligible for an elective office of the receiving the highest number of votes in the City. The Council shall be final judge of the special election shall be deemed elected for the qualifications and election of its own members, remainder of the vacant positions term. (Measure subject, however, to review by a court of a 34-57, November 5, 1996 election, Res. 96-54; competent jurisdiction. C-2 SF./Code Update: 01/00 TIGARD MUNICIPAL CODE the vote entered in the journal. Chapter IV COUNCIL Section 16. PROCEEDINGS TO BE PUBLIC Section 13. MEETINGS. No action by the council shall have legal effect unless the motion for the action by the The Council shall hold a regular meeting at council vote by which it is disposed of take place least once each month in the City at a time and at at proceedings open to the public. a place which it designates. It shall adopt rules for government of its members and proceedings. Section 17. MAYOR'S FUNCTIONS AT The Mayor upon his own motion may, or at the COUNCIL. MEETINGS. request of three members of the Council shall, by giving notice thereof to all members of the The mayor shall be chair of the council and Council then in the City, call a special meeting of preside over its deliberations. The Mayor shall the Council. In the event of the physical absence have a vote on all questions brought before the of the Mayor from the City, the Council President council. (Measure 34-58, November 5, 1996 shall be empowered to call special Council election, Res. 96-53). meetings in the same manner as the Mayor may call such. meetings. Section 18. PRESIDENT OF THE COUNCIL. Special meetings of the Council may also be At its first meeting of each odd numbered held at anytime by the common consent of all year, the council by ballot shall choose a president members of the Council or by the delivery of a from its membership. In the mayor's absence request for a special meeting, signed by a majority from a council meeting the president shall of Council members, and delivered to the City perform the duties of the office of mayor and Recorder and to remaining Council members and preside over it. Whenever the mayor is physically the Mayor, if they are then in the City. All or mentally unable to perform the functions of meetings of the City Council shall conform to office, the president shall act as the mayor pro notice requirements consistent with state law. tem. Should the president of the Council vacate (Measure 53, November 5, 1985 election: Measure the Council office he or she holds, the Council, by 59, May 18, 1982 election). ballot, shall choose from its membership a person to act as president of the Council until the next Section 14. QUORUM. president of the Council is chosen pursuant to this Section. (Measure 34-88, November 3, 1998 A majority of members of the council shall election, Res. 98-46; Measure 54, May 18, 1982 constitute a quorum for its business, but a smaller election). number may meet and compel the attendance of absent members in a manner provided by Section 19. VOTE REQUIRED. ordinance. Except as this Charter otherwise provides, Section 15. JOURNAL. the concurrence of a majority of the members of the Council present and voting, when a quorum The Council shall cause a journal of its of the Council is present, at a Council meeting proceedings to be kept. Upon the request of any shall be necessary to decide any question before of its members the ayes and nays upon any the Council. (Measure 54, November 5, 1985 question before it shall be taken, and a record of election). I C-3 S ICode Update: 01/00 SHER TIGARD MUNICIPAL CODE the council; Chapter V POWERS AND DUTIES OF OFFICERS (d) See that all terms of franchises, leases, contracts, permits, and privileges granted Section 20. MAYOR. by the city are fulfilled; The Mayor shall appoint the committees (e) Appoint, discipline and remove provided by the rules of the Council. The Mayor appointive personnel, except appointees of the shall sign all approved records of proceedings of mayor or council; the Council and countersign all orders on the treasury. The Mayor shall have no veto power (f) Supervise and control the and shall authenticate by signature all ordinances managers appointees in their service to the city; passed by the Council after being enacted. After the Council approves a bond of a City Officer or a (g) Organize and reorganize the bond for a license, contract, or proposal, the departmental structure of city government; Mayor shall authenticate the bond by endorsement thereon. (Measure 55, November 5, (h) Prepare and transmit to the council 1985 election). an annual city budget; Section 20A. CITY MANAGER (i) Supervise city contracts; (1) The city manager shall be the (j) Supervise operation of all city- administrative head of the government of the city. owned public utilities and property; and The office of city manager shall be filled by appointment of the city council. The manager (k) Perform other duties as the council shall be the chief administrative officer of the city, prescribes consistently with this charter. (Measure and as such shall be chosen solely on the basis of 34-58, November 5,1996 election, Res. 96-53). administrative qualifications and experience, without regard to political considerations. Section 21. MUNICIPAL JUDGE. Appointment and removal of the manager by the council shall require the prior consent of a The municipal judge shall be the judicial majority of the full council recorded at a public officer of the City. The judge shall hold within the meeting. The city manager shall serve at the City a court known as the Municipal Court for the pleasure of the council, and cause shall not be City of Tigard, Washington County, Oregon. The required for termination. court shall be open for the transaction of judicial business at times specified by the municipal (2) The manager shall: judge. All areas within the City shall be within the territorial jurisdiction of the court. The (a) Attend all council meetings unless municipal judge shall exercise original and excused by the council or mayor; exclusive jurisdiction of all crimes and offenses defined and made punishable by ordinances of (b) Keep the council advised of the the City and of all actions brought to recover or affairs of the needs of the city; enforce forfeitures or penalties defined or authorized by ordinances of the City or as (c) See that the provisions of all otherwise provided by state law. The judge shall ordinances are administered to the satisfaction of have authority to issue process for the arrest of C-4 SE/Code Update: 01/00 low TIGARD MUNICIPAL CODE any person accused of an offense against the and the Council provides otherwise by order, the ordinances of the City, to commit any such person general laws of the State of Oregon shall apply to to jail or admit him or her to bail pending trial, to City elections. (Measure 56, November 5, 1985 issue subpoenas, to compel witnesses to appear election). and testify in court on the trial of any cause before him, to compel obedience to such subpoenas, to Section 24. issue and process documents necessary to carry into effect the judgments of the court, and to Repealed by Measure No. 56, November 5, punish witnesses and others for contempt of the 1985 election. court. When not governed by ordinances or this charter, all proceedings in the municipal court for Section 25. the violation of a city ordinance shall be governed by the applicable general taws of the state Repealed by Measure No. 56, November 5, governing justices of the peace and justice courts. 1985 election. Defendants in the municipal court charged with violation of city ordinances shall be entitled to a Section 26. trial by jury as provided by state statutes. (Measure 34-58, November 5, 1996 election, Res. Repealed by Measure No. 56, November 5, 96-53; Measure 55, May 18,1982 election). 1985 election. Section 22. RECORDER. Section 27. The Recorder shall serve ex officio as clerk of Repealed 'by Measure No. 56, November 5, the Council, attend all its meetings unless excused 1985 election. therefrom by the Council, keep an accurate record of its proceedings in a book provided for that Section 28. TIE VOTES. purpose, and be the City's election officer. In the Recorder's absence from a Council meeting, the In the event of a tie vote for candidates for an mayor shall appoint a clerk of the Council pro tem elective office, the successful candidate shall be who, while acting in that capacity, shall have all determined by a public drawing of lots in a the authority and duties of the Recorder. manner prescribed by the council. (Measure 52, November 5,1985 election). Section 29. COMMENCEMENT OF TERMS Section 22A. FINANCE OFFICER. OF OFFICE. The Finance Officer shall be responsible for The term of office of a person elected at a the administration of the City's fiscal functions regular city election shall commence the first of and shall sign all orders on the treasury. the year immediately following the election. (Measure 52, November 5, 1985 election). Section 30. OATH OF OFFICE. Chapter VI ELECTIONS Before entering upon the duties of their office, every officer shall take an oath or shall Section 23. ELECTIONS. affirm that they will support the constitutions and laws of the United States and of Oregon and Except as this Charter provides otherwise, faithfully perform the duties of their office. L-5 SElCode Update: 01/00 TIGARD MUNICIPAL CODE (Measure 34-58, November 5, 1996 election, Res. Section 33. 96-53). Repealed by Measure 57, May 18, 1982 Section 31. NOMINATIONS. election. A qualified elector within the meaning of the Chapter VIII State Constitution, who will have resided ORDINANCES continuously for a period of twelve (12) months or more immediately preceding the election in any Section 34. ENACTING CLAUSE. area which is within the corporate boundaries of the City as the same shall exist as of a date one The enacting clause of all ordinances hundred twenty (120) calendar days immediately hereafter shall be, "The City of Tigard ordains as prior to the date of the election, (inclusive of all follows:" territory previously effectively annexed to the City), may be nominated for an elective City Section 35. MODE OF ENACTMENT. position. (1) Except as paragraph (2) of this section The procedures for nomination and election provides to the contrary, every ordinance of the for elective City positions shall be governed by council shall, before being put upon its final the election laws of the State of Oregon, or by City passage, be read fully and distinctly once in open ordinances if such ordinances are not inconsistent council meeting. with state law. (Measure 56, May 18, 1982 election). (2) Any reading may be by title only (a) if no council member present at the meeting Chapter VII requests to have the ordinance read in full or (b) if VACANCIES IN OFFICE a copy of the ordinance is posted in at least three public places within the city limits before it Section 32. WHAT CREATES VACANCY. becomes law. (Measure 57, November 5, 1985 election). An office shall be deemed vacant upon the incumbent's death, adjudicated incompetence, (3) Repealed by Measure No. 57, November conviction of a felony, other offense pertaining to 5,1985 election. his or her office, or unlawful destruction of public records, resignation, recall from office; or ceasing (4) Upon the final vote on an ordinance, the to possess the qualifications for the office; upon ayes and nays of the members shall be taken and the failure of the person elected or appointed to recorded in the journal. the office to qualify therefor within ten days after the time for his term of office to commence; or in (5) Upon the enactment of an ordinance the the case of a mayor or councilor, upon his or her recorder shall sign it with the date of its passage absence from the city for 30 days without the and the recorder's name and title of office, and the consent of the council or upon his or her absence mayor shall sign it with the date of signature, and from regular meetings of the council and upon a the name and title of office of the mayor. declaration by the council of the vacancy. (Measure 55, November 5, 1985 election; Measure (Measure 34-58, November 5, 1996 election, Res. 54, November 2,1982 election). 96-53). C-6 SE/Code Update: 01/00 Election Deadline Dates - 2000 Mayor's Office Election dates for 2000 are those shown below. Local jurisdictions cannot hold elections at other dates unless it's an emergency or for a recall. May 2000 Election Filing deadline with City Recorder: February 15, 2000 (For Mayor: 31 days before deadline with County, TMC 2.40.030) City Recorder's Filing Deadline with County: March 16, c000 Announcements should be made in time for candidates to circulate petitions to gather approximately 140 signatures. (As early as possible - recommend 6 weeks lead time to make sure it's in the Cityscape, and newspapers. Also, if a Council member decides to run for Mayor, we will then have a Council vacancy to advertise.) September 2000 Election Filing deadline with City Recorder: June 19, 2000 (For Mayor: 31 days before deadline with County, TMC 2.40.030) City Recorder's Filing Deadline with County: July~000 Announcements should be made in time for candidates to circulate petitions to gather approximately 140 signatures. (As early as possible - recommend 6 weeks lead time to make sure it's in the Cityscape, and newspapers. Also, if a Council member decides to run for Mayor, we will then have a Council vacancy to advertise.) November 2000 Election Filing deadline with City Recorder: August 7, 2000 (For Mayor: 31 days before deadline with County, TMC 240.030 ) City Recorder's Filing Deadline with County: September 7, 2000 Announcements should be made in time for candidates to circulate petitions to gather approximately 140 signatures. (As early as possible - recommend 6 weeks lead time to make sure it's in the Cityscape, and newspapers. Also, if a Council member decides to run for Mayor, we will then have a Council vacancy to advertise.) a I I:\ADM\CATHY\ELECTION\ELECTION DEADLINE DATES - MAYOR 2000.DOC i i 3 a ~ LEG-~gu'YT`~ ~TRxp ~ gE.R 7 EBEE 19 ~ SEA Jay 70 LOCX SAY JauuaTI V Aa€ a 29 ~`r, E~ECT~~ peCCU~b q,19gq 1C~ J„ly 2a on or bef3ce lvlarcl17 uS.~- 7 a~~D Qlecti ~lottians Q 5t bo fazdds. on Courity of dt 13 r~4 ta~2 boo St?el ,,,blisli n°nce Janua JAY 2a x,550"`') elections 00 tee wlhicotin"1~, t6 tsirict Da . 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Clection VaY {t? ~,1 1,Say1 Qh'a ripay th¢Na~haectionit. ~.Q1CSJ afficeT~: Us,publishfaestmile h1~ na s $ ins old at the F° - u held at lion election a, "Day ,efaily 4dect, i'~On catutty city elec 205) - 1'ebsuaz'1h$ coral for coanty 01`1 ' tl~°1ib a ltk~atd a~ '~~ted t°r a~ `dl ballotbeeen ~ pubt pleetionD yetSr Q;u,s*Uyea(L~cc ~LiopolnrWSP hddatthepollS, xtoolCa~tn~sad Innextavsila'>t¢ ict eleciio s 255A95; {tnctualt►gth onty V% YN sd~ tna ~'d(at slawte. cial di~tr ¢et► { ben of by ~gctec, urd PIMP W tot em ~~{e ballot betty disuidt'Oird h rs film oiGcet nce moors the cnaoty vatrrs~~. tt99 `jj'"' ~,ty the VU-T U}dco d tht n} campaig clectwn, WeA Olt' gin ~tiR.ts for r &31 ho KtinveeQilot d tW °f mess indo~~ tie ~'ubr uvs " Q' pititricts stns ttc¢ title at. anti Re~c¢d yeas. fifitVb )tfsec an atba trsnber Z5, i4 the ~m add nU 1oali electors t tics of ccd+P a isSeP uttc pliicess' Pubtisb 0.145) ~i~gd~,dlin dai?w-cptlaetY piT~g y5~355t1d omtT%t ;f Gt} 1Kti~ns t~s tem~t2lq,(,etncAS*a cg rcu";idy all tuietta t a tjCadliOC y5Se4 et¢CY3ia+ - e...Tesu}x"ittedmeas''e%~ I t 0 a d -A Candidates must reside in ON Charter 31 ® dominating petition must be signed by 1% of number of persons in City who voted in past election for Governor OFFS 249.072(2) ® Filing deadline for Mayor is 31 days before date city must provide county with list of candidates (which is 61 days before election) TMC 2.40.030, ORS 254.095(1) Filing deadline for City Council position as 11 days before date city must provide county with list of candidates TMC 2.40.040 ® Must comply with campaign finance laws ® Cannot hold other lucrative office Or. Const. Art. 11 §10 ® Must resign to seek other city office if terms would overlap Charter ~ r .~,r, ulntLt 1 x ~ t tttr • I • • • • ® If Mayor or Council position is declared vacant by the Council, special election is held to fill post at next election date if 12 months left in the term Charter §7 ® The Council may appoint an interim Mayor or Councir member to fill a vacancy Charter§ 7 ® The person elected at the special election stays in office only,for balance of term of predecessor Charter 8 TIGAR D MUNICIPAL CODE Section 7. MAYOR AND COUNCIL. current office at the tithe of filing for the other office. A resignation submitted to satisfy this The elective officers of the city shall be a section shall not be withdrawn. A resignation mayor and four councilors who together shall shall be adequate for purposes of this section if it constitute the City Council. At the general provides for the termination of the signer's service election held in 1990, and every fourth year in the office not later than the last day before thereafter, a mayor shall be elected for a•term of service would begin in the office for which that four years. No councilor shall serve the city as person seeks to become a candidate. councilor for more than eight consecutive years, nor shall the mayor serve as mayor for more than In the event the office of mayor or councilor eight consecutive years. In no case shall any becomes vacant before th normal expiration of its person serve on the City Council for more than term a special election, may be held at the next twelve consecutive years. These limitations do available date to fill the o ice for the unexpired not apply to the filling of an. unexpired term. term. Such an election shall only take place if the council can schedule and hold a special election at No person who is serving as mayor or least twelve months before the term would councilor shall become a candidate for any city otherwLse expire. If an election is held, it shall be office for a term which would be concurrent with held in accordance with the election laws of the the term in office then held unless that person first state of Oregon and city ordinances not submits a written resignation from the then inconsistent with such election laws. The council may appoint a person to fill a vacancy until an election can be held. 'Res. 93-63, May 17, 1994 SE Update: 1/00 election: Measure 346, May 15, 1990 election: Measure 51, November 4, 1986 election: Measure 51, November 5, 1985 election: Measure 53, November 2, 1982 election: Measure 53, May 18, 1982 election). i i i a~ i 7 NEW VMW Edwards voted no. Councilor Hawley clarified that she voted "yes" on this rocess, in keeping with the majority vote of Council a few months ago). Ms. Jill Link requested that Council back-date the Agreement, noting the property had been on the market for three and one-half months. After discussion, Council consensus was that they would not approve back-dating. Mayor Edwards noted there were many legal ramifications which took time to research but had to be considered while putting together this agreement. Motion by Councilor Fessler to back-date the Agreement to the time the Links listed their house died for lack of a second. City Administrator Reilly: noted the Agreement would be coming back to the City Council after it had been signed by the Links. Councilor Schwartz requested the Agreement be processed as quickly as possible. Ms. Jill Link inquired about whether or not the amount set aside for the purchase of her property would be re-appropriated after the end of the fiscal year (fiscal year ending June 30, 1994). Mayor Edwards and Councilor Hawley noted Council could not appropriate funds at this time, and they would be remiss in doing so without going through the Budget Committee process. 5. CHARTER AMENDMENT DISCUSSION City Administrator Reilly reviewed this agenda item. Council discussed the packet information. After discussion, consensus of Council was to direct staff to proceed with a Public Hearing for the following Charter changes: A. Eliminate mandatory appointee in the event of vacancy. B. Eliminate mandatory election in the event of vacancy. i C. Repeal prohibition of interim appointment to vacancy from filing as a { candidate for the same Council position.` i Council requested that TMC Section 2.40.030 be reviewed to determine whether or not this section was consistent with Charter provisions (Ordinance 86-06). 6. ANNEXATION UPDATE - DISCUSSION OF OPTIONS s a a Deferred to a future meeting. CITY COUNCIL MEETING MINUTES - NOVEMBER 9, 1993 - PAGE 3