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City Council Packet - 02/27/2001 DR 16IAJAL5 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL MEETING FEBRUARY 27, 2001 COUNCIL MEETING WILL BE TELEVISED 4 i H H 1 H q~ i H:yeanni3\doosV-cpkt3 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Revised Febmary 23, 2001 TIGARD CC~I'Y=COLD t r i BLISI.NESS M E INS ~ r.r~rT' t ` i :ut s r .t. !','7 v ,y a 3 'r 'Fy of h. Februaryt2~0016 CITY OF TIGARD !k i~ t Y'Y f /FM t tz f Z ),i et Y~w' yt( Sr'i'' 4wt Xs '1' A '4, ky: 1t3r1m253S ;°d-l'A~¢~1,~ ~ ` r~ ~'F>ss 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 503-639-4171, Ext. 309 (voice) or 503-684-2772 (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 by calling: 503-639-4171, x309 (voice) or 503-684- 2772 (T DD - Telecommunications Devices for uie Deaf}. SEE ATTACHED AGENDA COUNCIL AGENDA - February 27, 2001 page 1 r AGENDA TIGARD CITY COUNCIL BUSINESS MEETING FEBRUARY 27, 2001 6:30 PM STUDY MEETING > POLICE DEPARTMENT HIRING > CITIZEN INVOLVEMENT TEAM PROGRAM UPDATE > MEASURE 7 UPDATE > EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced Identifying for what purpose the Session is being held. All discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. No executive session may be held for the purpose of taking any final action or making any final decision. 7:30 PM 1. BUSINESS MEETING 1.1 Cali to Order - City Council a Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications at Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. DISCUSSION WITH STATE SENATOR RYAN DECKERT AND STATE REPRESENTATIVE MAX WILLIAMS 8:05 PM 3. VISITOR'S AGENDA (Two Minutes or Less, Please) COUNCIL AGENDA - February 27, 2001 page 2 Non f 8:10 PM 4. 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: 4.1 Approve a Resolution Authorizing the Sale of Surplus Property Purchased for the Beveland Street Extension from 68d' Avenue to 691 Avenue, Part of the 69' Avenue Reconstruction Project - Resolution No. 01- 4.2 Approve an Intergovernmental Agreement with Washington County to Administer the Registration, Collection and Enforcement Program under the City's Residual Solid Waste Ordinance - Resolution No. 0 1 - _ 4.3 Approve Year Eleven of the Washington County Wasteshed Waste Reduction Plan and to Adopt an Intergovernmental Agreement with Washington County - Resolution No. 01- 4.4 Local Contract Review Board a. Approve the Purchase of a Heavy Duty Ford F-650 Cab and Chassis 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. 8:15 PM 5. CONSIDER A RESOLUTION INCREASING RATES, FEES, AND CHARGES FOR WATER AND WATER RELATED SERVICES a. Staff Report: Public Works Staff b. Council Discussion, Questions, Comments C. Council Consideration: Resolution No. 01 - 8:35 PM 6. DISCUSSION OF HAWKS BEARDA 30TH TASK FORCE RECOMMENDATIONS a. Staff Report: Administration Staff b. Council Discussion, Questions, Comments COUNCIL AGENDA - February 27, 2001 page 3 Y ` 9:05 PM 7. INFORMATIONAL PUBLIC HEARING - FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 20 - SW ROSE VISTA DRIVE a. Open Public Hearing b. Summation by Engineering Department C. Public Testimony (Proponents, Opponents) d. Staff Recommendation e. Council Questions or Comments f. Close Public Hearing g. Consideration by Council: Resolution No. 01 - 9:15 PM 8. CONSIDER LEAGUE OF OREGON CITIES' REQUEST TO CONTRIBUTE FUNDS TO THE MEASURE 7 LAWSUIT a. Staff Report: City Administration b. Council Consideration 9:25 PM 9. COUNCIL LIAISON REPORTS 9:35 PM 10. NON AGENDA ITEMS 9:45 PM 11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying for what purpose the Session is being held. All discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session: No executive session may be held for the purpose of taking any final action or making any final decision. 9:55PM 12. AD]OURNMENT L\ADM\CATHY\CCX010227. DC C COUNCIL AGENDA - February 27, 2001 page 4 Agenda Item No. Meeting of 1 D 1 TIGARD CITY COUNCIL MEETING MINUTES - FEBRUARY 27, 2001 Mayor Griffith called meeting to order at 6:33 p.m. Council Members Present: Mayor Griffith; Councilors Dirksen, Moore, Patton and Scheckla (arrived at 6:36 p.m.) Administrative Item reviewed: Mayor Nicoll to be remembered and honored for his contributions to the community on March 12, 2001, at the State Legislature. City officials and family members are planning to attend. Transportation arrangements were discussed briefly. `r POLICE DEPARTMENT HIRING Police Chief Ron Goodpaster reviewed the hiring process for police officers and how the turnover rate affects department staffing. It takes 9-14 months before an officer is alone, working in the field. The 24-week training program, including attending the State Police Academy establishes a foundation to assure an officer is successful in the City of Tigard program. Mr. Goodpaster reviewed the turnover statistics from July 1, 1997 to February 8, 2001. There have been 11 retirements (6 end of service; 5 medical); 12 terminations or resignations (7 resigned in lieu of termination, 4 resigned, l terminated). Police officers leaving have found employment with other agencies or changed careers. There have been occasions when officers have left and then have requested their job back; it is the City's general rule that officers are not rehired. In response to a question from Councilor Scheckla, Mr. Goodpaster explained that it's expected that jurisdictions will hire officers away from other jurisdictions. Mr. Goodpaster noted that the number of vacancies Tigard has experienced is comparable to other cities across the nation. He advised there is very little turnover in clerical and civilian staff. > CITIZEN INVOLVEMENT TEAM (CIT) PROGRAM UPDATE TIGARD CITY COUNCIL MEETING MINUTES - February 27, 2001 page 1 Assistant to the City Manager Newton reviewed this item with the City Council. Ms. Newton advised that CIT meetings started being televised one year ago. Since that time, CIT attendance has averaged about 18 persons per meeting, which is decrease over previous years. Information to the public is disseminated during CIT meetings; however, Ms. Newton said it's likely that citizens do not want to attend a meeting to get this information. Rather, they can get the information in other ways such as watching the cable television programs or visiting the City's web site. There are benefits to having scheduled airtime on cable television and such scheduled airtime should be retained. Staff proposed that CIT meetings not be held unless there is a need for input or feedback from the public on a specific topic such as the CiP budget process. To take advantage of airtime, the City should air educational/informational programming in the CIT spot when meetings are not held. An educational/informational component could be scheduled in conjunction with CIT meetings and then edited to air as a separate program as well. Types of programming were reviewed. Ms. Newton, in response to questions from Council, advised she would forward to Council information about the cost of televising. Councilor Dirksen said he would be interested in citizen input with regard to not always having a CIT meeting. There was a note that it would be good to survey to find out who is watching the cable programming. Councilor Patton commented that she likes keeping a consistent time when either a CIT meeting will occur or an informational program about the community will be aired. Ms. Newton also advised that Chris Myers, a Network Services staff member, is going through training on the camera equipment. > MEASURE 7 UPDATE City Attorney Tim Ramis reported the following: ® Circuit Court has deemed Measure 7 to be unconstitutional; therefore, the Measure will not go into effect. The League of Oregon Cities does not have legal standing and they are out of the case. TIGARD CITY COUNCIL MEETING MINUTES - February 27, 2001 page 2 ® The Circuit Court found that the Measure did not describe what part of the Constitution was to be changed and that some of the Issues should have been laid out separately. ® The case will be appealed, possibly to the Supreme Court. ® Mr. Ramis recommends a conservative approach: Do not adopt land use regulations until the appeals are heard. ® The Attorney General's (AG's) opinion contained the following key elements: - The Measure, if it went into effect, would be retroactive. - The question of whether the Measure would be binding on local governments was addressed in the AG's opinion in that local governments would have the ability to not enforce land use laws to avoid liability. Local governments would not enforce a mandatory land use law if application of such a law was beyond the budget limits of the local government. ➢ Study Meetings Council discussed the recent criticism from Mr. Gene McAdams (soapbox articles in the Tigard Times) about holding the Study meeting in the conference room rather than in Town Hall. City Attorney Ramis advised that this was a policy decision for the City Council; requirements for public meetings in the public meeting law have been followed. Councilor Patton added that the City's legal counsel is always present at Council meetings to assure the Council is following proper procedure. Councilor Scheckla suggested that cameras could be placed in the conference room. Other discussion points included: - If more people want to attend a Study Meeting than can be accommodated in the conference room, then the Council could move the meeting to the Town Hall. - Review of what has been done to make people feel welcome to attend including, a greeter to tell people what is going on and TIGARD CITY COUNCIL MEETING MINUTES - February 27, 2001 page 3 a where to go if they'd like to attend, a sign posted outside the conference room advising when the public can attend the study meeting, and an agenda is now available to the public outlining the discussion topics of the study meeting. The study meeting concluded at 7:36 p.m. EXECUTIVE SESSION: No Executive Session was held. 1. BUSINESS MEETING 1.1 Mayor Griffith called the City Council 8T Local Contract Review Board to order at 7:40 p.m. 1.2 Roll Call: Mayor Griffith, Councilors Dirksen, Moore, Patton, and Scheckla. 1.3 Pledge of Allegiance 1.4 Council Communications at Liaison Reports Youth Forum: Mayor Griffith updated the Council on a recent Youth Forum meeting. About 30 people, representing organizations and programs for youth, met on February 27, 2001. The Mayor said the dialogue was very good and a summary report will be issued. The School District appears to be willing to assist by making facilities available for programming for youth (for athletic and non-athletic activities). 1.5 Call to Council and Staff for Non-Agenda Items March 13, 2001, Ballot: City Recorder Cathy Wheatley reported that there is an error on the ballot. The term for the Mayor is shown to be a four-year term; however, the term is from the date the election results are certified and the Mayor is sworn in until December 31, 2002. A press release has been issued to clarify this to the voters. House Bill 2246: City Attorney Ramis noted that this bill changes procedures, which would allow courts to review local government decisions. Mr. Ramis said this is contrary to approximately 100 years of case law/statutory law and would create expanded liabilities. (Note: Senator Deckert and State Representative Williams arrived later than what had been originally scheduled for the agenda. The Visitor's Agenda, Consent Agenda, and a Resolution Increasing Rates, Fees, and Charges for Water and Water Related Services were heard next by the City Council.) TIGARD CITY COUNCIL MEETING MINUTES - February 27, 2001 page 4 11111 In 111 11,11111111111111 IN ME111111111i 2. DISCUSSION WITH STATE SENATOR RYAN DECKERT AND STATE REPRESENTATIVE MAX WILLIAMS Senator Deckert noted that they were two months into the legislative session. He referred to the congenial, bi-partisan atmosphere - saying they were "off to a good start." Tough decisions will need to be made in light of a projected $700 million shortfall. There is a commitment to look at Oregon's tax structure so that the government can weather recessions and fund education needs. Representative Williams referred to the difficult State budget situation. The latest quarterly revenue forecast indicated a $50-100 million estimate that is "going in the wrong direction." He said that 85 percent of the state's funding is from income tax, so when the economy declines, there is significant impact. He said legislators are trying to establish a more stable course of revenue. Representative Williams talked about Measure 7 and the decision from ]udge Lipscomb last week that the Measure is unconstitutional. Rep. Williams confirmed that the Measure would be appealed. He advised that "we need to attend to Measure 7 legislatively." Ramifications of the full potential of what the Measure could mean casts "a long shadow" over Oregon's economic well being. Rep. Williams said the legislature would need to find a compromise to address issues of fairness and land use laws; laws that help Portland retain its status as a most-livable City. Rep. Williams is chairing the Committee that is reviewing Measure 7. There was brief discussion about Measure 7 and the "Catch 22" position cities are in with regard to enforcing mandated State land use laws and the need to compensate property owners if property values are lowered because of the laws. In response to a question from Councilor Scheckla regarding an update on Quest's proposal for changes to franchise fees, Rep. Williams advised that he doesn't think the bill will be scheduled for review during this legislative session. He cautioned, however, that the issue of franchise fees needs to be resolved and could end up in the courts. Based upon activity in other states, Oregon may need to reevaluate how it calculates franchise utility fees. Senator Deckert and Representative Williams indicated they supported the commuter rail proposal. Senator Deckert suggested letters be sent to the Governor and they also asked that a proclamation be forwarded to them as they work to convince others of its TIGARD CITY COUNCIL MEETING MINUTES - February 27, 2001 page 5 low importance to the region. Senator Deckert said the next couple of months would be critical. In response to an inquiry from Councilor Patton about how he felt about the legislature meeting every year, Rep. Williams said that both sides are still presenting information. H:: said that a yearly session would assist with management of more complex if .ves and also help legislators to be more responsive to address change. He also said many appear to be uncomfortable with the proposed change, so he will listen to the debate on the matter. Senator Deckert said he had voted no on this issue pravious but also indicated he will listen to the debate as he also thinks that yearly sessic-s may help legislators respond to changes and address more complex issues. Councilor Patton questioned why Senator Deckert supported using lottery funding for a baseba" stadium given the significance of the budget deficit and other issues which appeared to have a higher priority. Senator Deckert explained that this funding would be :apported through lottery funds and was a one-time capital construction expense. One- time projects are needed in the Portland Metropolitan area; repayment would be exi,ected to amount to 10 to 20 times the initial investment. Senator Deckert noted that certain conditions must be in place before this project would proceed. In response to the California power utility situation, Rep. Williams said that Oregon should stay the course for the current restructuring. Plans are already underway to encourage weatherization, conservation, and to provide for low-income programs. California, in fact, is looking at what Oregon did at its last legislative session to use as a model to address problems they are now experiencing. Senator Deckert added that Oregon did not put consumer utilities on the "spot market." City Attorney Ramis urged the legislators of the critical need to address Measure 7. He also noted proposed House Bill 2246, would obliterate 100 years of case law and statutes. Rep. Williams acknowledged the implications of HB 2246 are serious. He agreed with Mr. Ramis that people should not get entrapped because of procedural failings (i.e., fling with the wrong court or review body) and that a transfer statute to provide a means to put them into the correct foram would be the solution. Senator Deckert and Representative Williams agreed to take questions from Mr. Bob Millette (see Visitor's agenda). Mr. Millette presented lengthy testimony about growth and the demise of living conditions, increased taxes, and school issues. He said new development is not paying for infrastructure and would like to have developers pay for full systems development. He said he would like to see cities and counties have the ability to say no to growth (moratorium). TIGARD CITY COUNCIL MEETING MINUTES - February 27, 2001 page 6 Rep. Williams responded to Mr. Millette by noting that he generally supports system development charges (SDCs) to developers. However, he also noted, that rampant increases in SDC fees would price people out of homes. Growth is a challenge to the Tigard community. He noted the land use laws are in place to protect farmland. He also said that he does support a "now that I have my spot" attitude designed to exclude others who also wish to live here. He noted that Measure 7 was the result of over-regulation of property. He said he supported reasonable limitations. Senator Deckert noted that he, too, supports SDC charges to developers. The issue he has with moratoriums is that some cities would rush to impose a moratorium while others would be impacted with high rates of growth. He spoke to a healthy relationship with the environment and referred to the Willamette River and steps needed to address water quality. 3. VISITOR°S AGENDA - Mr. Bob Millette, 15605 SW Roshak Road, Tigard, OR 97224, advised he has some questions for Representative Williams and Senator Deckert. Mayor Griffith said he would ask the legislators if they would entertain questions from the public as well as the Council when the arrived at the meeting. 4. CONSENT AGENDA: Motion by Councilor Scheckla, seconded by Councilor Patton, to approve the Consent Agenda as follows: 4.1 Approve a Resolution Authorizing the Sale of Surplus Property Purchased for the Beveland Street Extension from 681 Avenue to 691 Avenue, Part of the 691 Avenue Reconstruction Project - Resolution No. 01- 07 4.2 Approve an Intergovernmental Agreement with Washington County to Administer the Registration, Collection and Enforcement Program under the City's Residual Solid Waste Ordinance - Resolution No. 01- 08 4.3 Approve Year Eleven of the Washington County Wasteshed Waste Reduction Plan and to Adopt an Intergovernmental Agreement with Washington County - Resolution No. 01- 09 4.4 Local Contract Review Board a. Approve the Purchase of a Heavy Duty Ford F-650 Cab and Chassis The motion was approved by a unanimous vote of Council present: Mayor Griffith Yes TIGARD CITY COUNCIL MEETING MINUTES - February 27, 2001 page 7 I EM MINE 111151=2 11111= 11 1 Kill Councilor Dirksen Yes Councilor Moore Yes Councilor Patton Yes Councilor Scheckla Yes 5. CONSIDER A RESOLUTION INCREASING RATES, FEES, AND CHARGES FOR WATER AND WATER RELATED SERVICES a. Public Works Director Ed Wegner and Operation Manager Mike Miller reviewed the staff report and presented information in a PowerPoint slide presentation. The proposed resolution amended the current water rates, water installation charges and other water related service charges to reflect increases in costs associated with providing these services. (The Staff Report and a copy of the slide presentation are on file with the City Recorder.) Staff proposed that the effective date of the water rate and fee adjustments be May 1, 2001. This will allow notification of the water rate and fee adjustments through the use of the utility billing system, Cityscape and press releases in the local newspapers. b. Motion by Councilor Patton, seconded by Councilor Dirksen, to adopt Resolution No. 00-10. RESOLUTION NO. 00-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CI'T'Y OF TIGARD, OREGON, INCREASING RATES, FEES, AND CHARGES FOR WATER AND WATER RELATED SERVICES. The motion was approved by a unanimous vote of Council present: Mayor Griffith Yes Councilor Dirksen Yes Councilor Moore Yes ' Councilor Patton Yes Councilor Scheckla Yes Mr. Wegner noted that this was the last Council meeting for Operation Manager Mike Miller. Mr. Miller, an employee of the City of Tigard for the a last 17 years, was leaving for employment with the City of Bend. TIGARD CITY COUNCIL MEETING MINUTES - February 27, 2001 page 8 6. DISCUSSION OF HAWKS BEARDi130TH TASK FORCE RECOMMENDATIONS a. Assistant to the City Manager Liz Newton gave the staff report. The Hawks Beard 130' Task Force was formed by the City Council to review the traffic calming device on SW Hawks Beard at 1301. The task force membership included former members of the original 130' Task force, new members who reside on SW North Dakota, and new members from other locations within the city. The task force met three times in November. City Engineer Gus Duenas and Police Sergeant Karl Kaufman attended all of the meetings as staff resources. The Task Force agreed that the following parameters should be considered in evaluating each option: - Impact on neighborhood. - Policy implications for past or future traffic calming decisions. (The Task Force unanimously recommended that a comprehensive citywide review of traffic calming policies and programs be conducted.) - Connectivity. - Safety. - Cut-through traffic. - Address Tigard Beyond Tomorrow Vision goals. (Note: A copy of the staff report and the PowerPoint presentation are on file with the City Recorder.) b. Three of the members present at the final Task Force Meeting supported "Option 1," and the three other members present supported "Option 2." The Task Force agreed that both options and the reasons for their support should be forwarded to City Council. Task Force Member Mark Irwin described Option 1: N Leave the diverter, but modify the signage to allow westbound traffic to continue straight on Hawks Beard or make a left and right turn onto 130'. Then, revisit this when commercial property on SW Scholis Ferry Road, between 1301 and 1351, is developed and citywide traffic calming policies and guidelines are reviewed. Option 1 protects neighborhood livability and TIGARD CITY COUNCIL MEETING MINUTES - February 27, 2001 page 9 limits cut-through traffic. There was concern that if the diverter is removed and traffic volumes increase dramatically, the diverter will not be reinstalled. Task Force Member Bev Froude reviewed Option 2. This option recommends the diverter be removed. However, if in six months, traffic counts are above 1,500 average daily trips, the upper limit for local streets, the diverter be reinstalled with modified signage. Also recommended was that the City review citywide traffic calming programs and policies within the next six months. Option 2 promotes connectivity between neighborhoods, legitimizes current illegal turning movements, and improves traffic flow. There was concern that keeping the diverter in place creates a private street. b. Council Discussion, Questions, Comments Councilor Moore asked City Engineer Duenas about the traffic counts. The local street is expected to handle 1,500 trips per day. Mr. Duenas advised that Hawks Beard is 36-feet wide, which is wider than what the local standards require. It was noted that Mark MacDonald, representative to the Task Force from the Tualatin Valley Fire 8t Rescue (TVF8tR) organization advised that there are alternate routes into the area for emergency access. Councilor Scheckla said he spoke to Captain Mike Duyck of TVF8TR who said as many accesses as possible should be opened to accommodate emergency response. Concerns were noted by a Task Force member about impact to livability. The history was that the diverter was put into place to mitigate potential traffic increases when the Winterlake Bridge was constructed. The street now experiences 300 cars a day as opposed to a potential 1500. The diverter is doing its job, so "why mess with it." Livability is a high priority. A policy should be developed with regard to traffic calming. There should be a balance between the goals of livability and connectivity. Task Force member Gene McAdams referred to the original Task Force recommendation for installation of the diverter. He supported removal of the diverter for connectivity (share the load) and emergency vehicle access. He suggested that if the diverter remained in place, this would set a precedent for similar requests for other subdivisions in the City. He also noted that 1500 cars per day was within the parameters for traffic activity on local streets. TIGARD CITY COUNCIL MEETING MINUTES - February 27, 2001 page 10 Task Force member Bob Pavlukovich was a member of the original Task Force and is now a resident of the neighborhood. He said the diverter was constructed as a compromise to the neighborhood when the bridge was constructed. Mr. Pavlukovich said he does not think there will be much cut- through traffic and that the residents in the area will take advantage of the less . restrictive traffic pattern if the diverter is removed. Leslie Williams, 12900 SW Hawks Beard, said she has lived in the area for nine years. She expressed concerns with decreased livability and safety issues if the diverter is removed. She said she favors Option 1, which is to leave the diverter in place. Phil Park said he lives on Hawks Beard and advised he favors Option 1. He was concerned that if the street was opened up there would be more morning traffic through the neighborhood with drivers trying to avoid the busy intersection, school zone, and long traffic signal of the existing route. Option 1 would allow for an incremental review. In response to a question from Mayor Griffith, Mr. Duenas explained the relationship Transportation System Plan, the City policy for connectivity, and the policy for traffic-calming measures for neighborhoods. Every area will need to be reviewed to determine how the network is affected. Ms. Newton summarized the two options before the City Council. Councilors Scheckla, Dirksen and Patton advised they preferred Option 2 citing connectivity and noting that the traffic counts do not justify keeping eastbound traffic closed off. The Option does provide that the situation be reviewed and, if traffic counts warrant, then the diverter could be reinstalled. Councilor Moore acknowledged the importance of livability but also noted the importance of connectivity. He said he would be willing to review this area in six months to one year; if the livability has decreased, then he said he would be willing to work to address the problem. Motion by Councilor Moore, seconded by Councilor Patton, to remove the diverter (Option 2); in six months to one-year the traffic counts will be reviewed to determine whether the diverter should be reinstalled with modified signage. The motion was approved by a unanimous vote of Council present: TIGARD CITY COUNCIL MEETING MINUTES - February 27, 2001 page i 1 Mayor Griffith Yes Councilor Dirksen Yes Councilor Moore Yes Councilor Patton Yes Councilor Scheckla Yes 7. INFORMATIONAL PUBLIC HEARING - FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 20 - SW ROSE VISTA DRIVE a. Mayor Griffith opened the public hearing. b. Project Engineer Greg Berry reviewed the staff report. The proposed project would provide sewer service to fifteen lots along SW Rose Vista Drive. Nine of the fifteen affected property owners have agreed to participate. Mr. Berry clarified the property owner/City participation in costs. Another hearing will be held for the Council to approve the final costs. C. Public Testimony Mr. John Hazard, 12040 SW Rose Vista, asked when the construction would begin. Mr. Berry said it would start In the late spring; about two to three months from now. d. Staff Recommendation -Mr. Berry advised that staff recommended Council approve Sanitary Sewer Reimbursement District No. 20. f. Mayor Griffith closed the public hearing. g. Consideration by Council: Motion by Councilor Scheckla, seconded by Councilor Patton, to adopt Resolution No. 00-11. RESOLUTION NO. 00-11 - A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 20 (ROSE VISTA DRIVE) The motion was approved by a unanimous vote of Council present: TIGARD CITY COUNCIL MEETING MINUTES - February 27, 2001 page 12 Mayor Griffith Yes Councilor Dirksen Yes Councilor Moore Yes Councilor Patton Yes Councilor Scheckla Yes 8. CONSIDER LEAGUE OF OREGON CITIES' REQUEST TO CONTRIBUTE FUNDS TO THE MEASURE 7 LAWSUIT (This item was also discussed earlier in the meeting. See Page 3.) a. City Manager Monahan advised that this was a follow up discussion from the last Council meeting. City Attorney Ramis noted judge Lipscomb ruled that League of Oregon Cities does not have standing in the case; however, several jurisdictions (supported by LOC) do have standing. b. Council discussion followed. Councilor Moore said he would like to support the League noting there may be a time in the future that Tigard would need support from the League on an issue. Mayor Griffith and Councilors Scheckla, Dirksen, and Patton commented on their concerns about the League's approach to "kill [the measure] at all costs." The preference would be for the League to focus efforts in working with the Legislature to address the issues since it is clear the voters have concerns. Councilor Moore said that for the sake of solidarity he would support the majority opinion of Council. 9. COUNCIL LIAISON REPORTS: None. 10. NON AGENDA ITEMS: None. > STUDY MEETING ITEMS (DISCUSSION CONTINUED) Study Meeting Format Council discussed the recent concerns about the Study Meetings, held in the Red Rock Conference Room prior to the Business Meetings. (See discussion on Pages 3 -4). Council Dirksen said the study meeting format around the conference table was less intimidating than having Council behind the Council desks in the Town Hall. The Red Rock Creek was a more comfortable setting. TIGARD CITY COUNCIL MEETING MINUTES - February 27, 2001 page 13 Councilor Moore said he was apprehensive about a reflexive reaction; he would be more inclined to change If a large number of people were indicating concern. Councilor Scheckla said he would prefer to have the Study Meeting in the Town Hall to avoid the perception of leaving the public out. He questioned if it would be considered a procedural violation if he did not attend the study meetings held in the conference room. (City Manager Monahan and City Attorney Ramis will review and send information to the Council.) Mr. Gene McAdams said he appreciated the improvements the City has made. However, he said that if the Council moved the study meetings to the Town Hall, they would better conform to law. Discussion followed. Councilor Moore addressed Mr. McAdams, noting that he would prefer that Mr. McAdams speak directly to the Council when he had issues rather than writing a letter to the newspaper. City Attorney Ramis said the Study Meetings comply with the meeting laws. 11. EXECUTIVE SESSION: No Executive Session was held. 12. AD]OURNMENT: 10:40 p.m. &4t,L4-k1-e City Recorder, Catherine Wheatley Attest: 7at yo r, r e: o a y o TIGARD CITY COUNCIL MEETING MINUTES - February 27, 2001 page 14 f f p AFFIDAVIT OF PUBLICATION G. HATTER M BEING FIRST DULY SWORN DEPOSE AND SAY THAT IAM THE PRINCIPAL CLERK OF THE PUBLISHER OF THE OREGONIAN, A NEWSPAPER OF GENERAL CIRCULATION, AS DEFINED BY ORS 193.010 AND 193.020, PUBLISHED IN THE CITY OF PORTLAND, IN MULTNOMAH COUNTY, OREGON: THAT THE ADVERTISEMENT, THE PRINTED TEXT OF WHICH IS SHOWN BELOW, WAS PUBLISHED IN THE ENTIRE AND REGULAR ISSUES OF THE OREGONIAN FOR 1 DAYS STARTING 02/14/01, ENDING 02/14/01 WE PRINCIPAL CLERK OF THE PUBLISHER SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE F~.....Zoo, NOTARY: 706186 AD TEXT: PUBLIC HEARING V On February 27, 2001, at 7:30 OFFICIAL SE AL PM, in the Town Hall room AATRIcIIAB TKoIREon Of City Hall, the Tigard C i t COMMISSIONN0.301972 y my COMMISSION EXPIRES JUNE 09.2001 Council will conduct a public hearing to consider an in crease in water rates and certain other related fees. Both public oral and written testimony is invited. Under the proposed rate schedule, water rates for each customer class would increase by approximately 15.5%. The new rate sched- ule would be as follows: WATER USAGE RATES Residential$1.56 Multi-Family$1.54 Commercial$1.81 Industrial$1.50 Irrigation$1.93 Water usage is billed for each customer class at a rate based upon 100 cubic feet (1ccf) of water used. Other fees have been ad L justed based on changes in Gost'bf service delivery. These fees are as follows: Customer Charge$4.00 Booster Charge$3.54 Meter Installation Fees by Meter Size {5/8} "x{3/4} "$325.00 111$500.00 1{1/2} " $850.00 211$1,000.00 Fire Service Connection Fee - $1,400 per Fire Service Tap + 12% Fee based on Con struction Costs. Fire Rates (Sprinklers) $17.00/month - 6'1 or smaller $22.50/month - 8'1 or larger The charge for turning water off and on when water service is discontinued for non-payment of bill would be: $50.00 during business hours; $100.00 after hours and on Holidays and Weekends The proposed effective date of these water rate and fee adjustments is May 1, 2001. Please contact Mike Miller at 503-639-4171, x395 if you have any questions or would like additional details about the water rate adoption pro_ cess. A copy of the new rate schedule is available upon request. AGENDA TIGARD CITY COUNCIL STUDY MEETING FEBRUARY 27, 2001 - 6:30 p.m. The Study Meeting is held In the Red Rock Creek Conference Room. Enter at the back of Town Hall. The Council encourages interested citizens to attend all or part of the meeting. If the number of attendees exceeds the capacity of the Conference Room, the Council may move the Study Meeting to the Town Hall. > POLICE DEPARTMENT HIRING > CITIZEN INVOLVEMENT TEAM PROGRAM UPDATE > MEASURE 7 UPDATE > ADMINISTRATIVE ITEMS: - ® Senator Deckert and Representative Williams will arrive at 8 p.m., instead of 7:30 p.m., as shown on the agenda. o Public Testimony for Item No. 7 (received today) - distributed to the City Council. (Regarding the formation of the SW Rose Vista Drive Sanitary Sewer Reimbursement District.) ♦ Press Release distributed to the City Council regarding partially treated wastewater released into Tualatin River. ♦ Press Release distributed to the City Council regarding an error on the March 13, 2001, ballot stating that the terns of office for the Mayor is 4 years. City Recorder Cathy Wheatley will announce this to the public at "call for non agenda." o Update from Legal Counsel Tim Ramis on House Bill 2246, which broadens the definition of "government action" to give the courts the ability to review any local government action. o Oregon House of Representatives to recognize contributions of Mayor Jim Nicoll, Monday, March 12, 11 a.m. Representative Williams is hosting a lunch for those who attend from Tigard. > EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying for what purpose the Session Is being held. All discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. No executive session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. (Please see the reverse side of this agenda for a list of instances when Executive Sessions are permitted.) Executive Session Guidelines Executive Session - The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" is d:fined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (a) - Employment of public officers, employees and agents, if the body has satisfied certain prerequisites. 192.660 (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660 (e) - Real property transaction negotiations. 192.660 (f) - Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192-660 (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660 (h) - Legal counsel - Executive session are appropriate for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (1) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public In which there has been an opportunity for public comment. 192.660 Public investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (k)- Relates to health professional regulatory board. IMDWCATHMOUNCIUEXECUTIVE SESSION GUIDELINES.DOC NUWS RUEUASIE 155 N. First Avenue,Suite 270 • Hillsboro,OR 97124 Unified Sewerage Agency (503)846-8621 -FAX (503)846-3525 • www.usa-cIeanwater.org CONTACT: Mark Jockers DATE: February 23, 2001 Public Affairs Manager (503) 846-4501 (503) 701-4293 (mobile) FOR IMMEDIATE RELEASE PARTIALLY TREATED WASTEWATER RELEASED INTO TUALATIN RIVER The Unified Sewerage Agency's (USA) Forest Grove Wastewater Treatment Plant released approximately 1.3 million gallons of partially treated wastewater into the Tualatin River near Forest Grove February 22 and 23. The release was stopped Friday morning. USA is sampling four sites along the river and has posted the area with warnings. Although the released wastewater was less than 1 percent of the river's 208-million-gallon-a-day flow, USA recommends people wash if they come in contact with the river. Partially treated wastewater can be high in bacteria. "The flow of the river and the cold weather will quickly reduce any potential health or environmental hazards," said Mark Jockers, USA Public Affairs Manager. "However, we encourage people to exercise caution if they are in the river this weekend by washing if they come in contact with the water." The release began on Thursday, February 22 when USA operators were diverting wastewater flows from Forest Grove to the Agency's Rock Creek Advanced Wastewater Treatment plant in Hillsboro. During the diversion, partially treated wastewater was mixed with cleaned effluent and released to the river. The release was discovered by USA crews on Friday morning and quickly repaired. The spill occurred downstream from the Joint Water Commission's Springhill water intake. Prior to this release, USA's Forest Grove Wastewater Treatment plant had an outstanding performance history over the last five years. USA is a sanitary sewer and surface water management utility serving 427,000 residents of urban Washington County and small portions of Multnomah County, Clackamas County, Lake Oswego, and Portland. USA operates four wastewater treatment plants and 41 pump stations and work with our 12 member cities to maintain more than 2,400 miles of sewer and drainage pipes and manage local streams to improve water quality, protect fish habitat and manage flooding. Although USA maintains a close working relationship with Washington County government, the Agency is a separately managed and financed utility. .SfLcdct~ess~Q,,c.. Presentation by Ron Goodpaster Study Meeting - February 27, 2001 Notice HR to hire = 2 weeks Advertise the position = 2 weeks Written testing = 2 to 3 weeks Get the written test scores back =1 to 2 weeks Forward those who pass to the PD for review and set up oral board process = 2 to 3 weeks Send out packets and conduct backgrounds = 4 weeks Interview with Chief and make conditional job offer = 2 weeks Psychological evaluation = 2 weeks Appointment for hiring = 2 weeks New recruit FTO program = 23 weeks Oregon certified officers FTO program =13 weeks New recruit police officer = 44 to 46 weeks or approximately 11 months Oregon certified officer = 34 to 36 w eeks or approximately 9 months Recent Hirings In-state certified police officer Process started 3/1/00 Solo patrol 12/1/00 9 months Out-of-state certified police officer Process started 3/1/00 Solo patrol 12/22/00 9 months, 22 days In-state police reserve officer Process started 5/1/00 Projected solo 5/26/01 12 months, 25 days Non-certified candidate Process started 5/1/00 Projected solo 6/23/01 13 months, 22 days i I Personnel Changes 7-1-97 to 2-8-01 1.1 retirements 6 medical 5 service 12 terminated or resigned while on probation 7 resigned in lieu of termination 4 resigned 1 terminated 11 resigned 4 - Clackamas County Sheriff's office 1- Vancouver Police Department 1 - Portland Police Bureau 2 - Scappoose Police Department (1 now chief) 1 - Canby Police Department 1 - DPSST Training Coordinator 1 - Real Estate 1 has inquired about getting job back 2 have requested job back I:~ADMICATFMCOUNCIUPOLICE HIRING STATISTICS - PRESENTED AT 2-27-01 COUNCIL MEETING.DOC AGENDA ITEM # Shad SPSSro/t FOR AGENDA OF CITY OF TIGARD, OREGON COUNCIL AGENDA. ITEM SUMMARY ISSUE/AGENDA TITLE CIT Pro am Update PREPARED BY: Elizabeth Ann Newto&AEPT HEAD OK ! CITY MGR OK ISSUE BEFORE THE COUNCIL Discussion of the CIT Program format and possible changes or modifications. STAFF RECOMMENDATION Consider suggestions proposed by staff, discuss any Council ideas for changes to the CIT program and provide direction to staff on how to proceed. INFORMATION SLINMAR Background The City's CIT program was started in the fall of 1992. The stated purpose of the program is to "serve as broad- based organized forums for the identification of the public's concerns and values." Generally the CIT members select topics to be placed on the next CIT agenda although staff does make suggestions for agenda topics that are usually accepted by the members. Observations The general citizenry is not likely to attend a meeting unless they believe the topic for discussion directly affects them. Often, attending a CIT meeting does not impact a decision. Attendance is higher when attendance will affect decisions. Many citizens are frustrated with meetings that don't seem to matter. However, some citizens do regularly attend CIT meetings to become informed and educated on issues and the CIT format works we'll to educated and inform. It is probable that since CIT meetings are now shown on cable, some citizens who did not regularly attend meetings benefit from the information by watching at home. Changes Made In 2000 In early 2000 the CIT meetings were moved to the Town Hall in City Hall to take advantage of the newly installed cable television cameras and the meetings began airing live. Cable TV Opportunities There are real benefits to having scheduled airtime on cable television, such scheduled airtime should be retained. Staff is proposing that CIT meetings need not be held unless there is a need for input or feedback from the public on a specific topic such as the CIP budget process. However, the City should air educational/informational programming in the scheduled airtime when CIT meetings are not held to take advantage of airtime. In fact, an educational/informational component could be scheduled in conjunction with CIT meetings and then edited to air as a separate program as well. 6 Staff has identified a number of topics that should be of interest to our citizens that can be produced locally for cable broadcast. Examples of some topics that could be scheduled are: Transportation Water Emergency Preparedness Land Use 101 Citizen Involvement/Volunteers Affordable Housing Photo Radar Downtown Plan Washington Square Plan When CIT meetings are not scheduled, information/education topics could be scheduled to air in place of the CIT meetings and could be taped at other times if more convenient. Staff has already begun to incorporate education/information topics into the CIT meetings. On the February agenda was Land Use 101, in March a presentation on the Downtown Plan is scheduled. As we consider the cable television viewer and the CIT meeting audience, more consideration needs to be given to presentation graphics and audio. The CIT program is just one of many citizen involvement tools available to citizens and should be continued, with modifications. OTHER ALTERNATIVES CONSIDERED Discontinue the CIT meetings. VISION TASK FORCE GOAL AND ACTION COMMITTEE ST ATE Y Community Character and Quality of Life - Goal 41 City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. - Strategy #3 Strengthen Citizen Involvement Team Program. ATTACHMENT LIST None FISCAL NOTES 1AADM%C1TV COUNCIBCOUNClL AGENDA REM SUMMARIE=R PROGRAM UPDATE.DCC AGENDA ITEM NO.2 - VISITOR'S AGENDA DATE : February 27, 2001 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED rAr/ o., Slc ~ 2fY i ~ _'~'~-r" p l~0 7 C ~f • ~ Qc ~ i ~~'4 •~s . VISITOR'S AGENDA Page 1 AGENDA ITEM # FOR AGENDA OF February 27, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Authorizing the sale of surplus property purchased for the Beveland Street extension from 68th Ave to 69th Ave, part of the 69th Ave Reconstruction Project. PREPARED BY: Terry Muralt, Buyer DEPT HEAD OK_ CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the City Council approve sale of a "substandard undeveloped" property acquired for the Beveland Street extension from 68th Ave to 69th Ave for the 69th Ave Reconstruction Project? STAFF RECOMMENDATION Authorize the City Manager to negotiate the sale of the above said property. INFORMATION SUMMARY The surplus property is a remnant of the Peirce property purchased by the City for the extension of Beveland Street from 68th Ave to 69th Ave., part of the 69th Ave Reconstruction Project. The portion necessary for the extension has been retained and the remaining approximate 3,902 square feet is now surplus. TMC 3.44.010 (b) requires Council's approval to proceed with the sale, publicize as deemed appropriate, detennine the existence of interested prospective purchasers and negotiate for the sale of the property. The City completed a bid process to sell the remnant. Only one bid was received and it was unacceptable. J.F. Young and Associates determined the appraised value at $17 per square foot, which indicates a value of the subject parcel containing approximately 3,902 square fee to be $66,330. However, the adjacent property is valued at $12 square feet. It is the City's intent to identify a potential buyer and then to negotiate for the best price. The parcel qualifies as "substandard undeveloped" property because of the lot width. TMC 3.44010 does not require a public hearing for disposing of substandard undeveloped parcels. Adjoining property owners will be notified of the proposals in accordance with TMC 3.44.010. OTHER ALTERNATIVES CONSIDERED 1. Sell the property for the bid price of $15,608 2. Hold the property for future sale or other public use. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None ATTACHMENT LIST Legal description and map of property location. FISCAL NOTES The subject property is part of the Tigard Triangle and part of the 69`n LID. The money from the sale of the surplus property will reduce the assessment fee of the LID to property owners. MMM AGENDA ITEM # . Z FOR AGENDA OF 2 Z3 D / CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Intergovernmental Agreement with Washington County to Administer Registration Program under City of Tigard's Residual Solid Waste Ordinance II //nnnn_ PREPARED BY: Tom Imdieke DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City sign an IGA with Washington County to administer the City of Tigard's registration process as defined in Ordinance No. 00-34? STAFF RECOMMENDATION Approve an IGA with Washington County to administer the registration process for carriers transporting exempt solid waste loads as defined in Ordinance No. 00-34. INFORMATION SUMMARY The Council on December 12, 2000 adopted Ordinance No. 00-34 (Residual Solid Waste Ordinance) to establish a registration process for those motor carriers transporting exempt solid waste loads as defined in the Ordinance. This was in response to a recent United States District Court opinion that prevented Washington County and the City of Beaverton from regulating the price, route or service in the transportation of mixed solid waste or recyclables taken from a single commercial source to manufacturers, recycling facilities or material recovery facilities (MRFs). Based on this court decision, the City felt that it would be prudent to refrain from enforcing the City's prohibition on non-franchisees hauling waste as it related to the terms of the injunction from the U.S. District Court. The registration process was, therefore, implemented to seek a balance between the City's franchise obligations and the State's requirements for recycling given the Court's preemption. The Council at that time also instructed staff to negotiate an IGA with Washington County to administer this registration program. The Washington County Board of Commissioners have agreed to administer a registration program for all member cities of the Cooperative Recyling Program of which the City of Tigard is a member. This IGA outlines the specific terms of the program with an expiration date of August 31, 2002. OTHER ALTERNATIVES CONSIDERED Do nothing to address the recent court findings in the AGG lawsuit. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A L ATTACHMENT LIST IGA with Washington County with one attachment. Resolution to approve IGA. FISCAL NOTES The centralized administration of the registration program with Washington County will be self-supporting. It is estimated that the per ton residual fee of $2.80 will cover the expenses of the prograrm. This fee is to be paid directly by the registered hauler to the County. 4 AGENDA ITEM # 4-,j FOR AGENDA OF a • a'1- D l CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE 2000-01 Waste Reduction Work Plan (Year 11) - Intergovenmental Agreement with Washington County PREPARED BY: Tom Imdieke DEPT HEAD OK CP CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City participate with Washington County by signing an IGA to meet Metro waste reduction work plan requirements for Year 11? STAFF RECOMMENDATION Approve IGA with Washington County to work together to meet Metro Year 11 Waste Reduction Work Plan requirements. INFORMATION SUMMARY Metro has established a Regional Solid Waste Management Plan (RSWMP) which includes a requirement that the cities and County in Washington County prepare annual waste reduction work plans. The cities and County in Washington County determined in 1990 that it would be most cost-effective to participate together and adopt an annual work program as the Washington County Wasteshed. Tigard has been a member of the Wasteshed since that time. On 7/1/97, City of Beaverton withdrew from the Wasteshed, however, all other cities within the County continue to work together. This year the plan brings together three integral pieces of the region's waste reduction and recycling system: new and focused efforts to recover more from the commercial, construction/demolition debris (C&D) and organics sectors; continuation of competitive grants for innovative waste reduction programs; and the maintenance of programs that form the foundation of the region's recycling infrastructure. OTHER ALTERNATIVES CONSIDERED Withdraw from the County-wide program and adopt a plan for the City of Tigard pursuant to the requirements in ORS Chapters 268 and 459. This plan would also have to be in compliance with Metro's RSWMP. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST In the attached you will find the: * Resolution which records Counci's action to approve the IGA and participate in the Year 11 Work Program; * IGA with Washington County with two attachments FISCAL NOTES Tigard's portion of the funding for the FY 2000-01 work plan is provided by a Metro grant for $16,604. This is paid to Washington County to administer the program. AGENDA ITEM # Ig. FOR AGENDA OF February 27, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Purchase of Ford F-650 Cab and Chassis PREPARED BY: Sam Morrison DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the purchase of a heavy duty Ford F-650 cab and chassis from the State bid in the amount $28,141.00 STAFF RECOMMENDATION That the Local Contract Review Board approve the purchase of a Ford F-650 cab and chassis under the cooperative purchasing agreement using the State of Oregon contract. INFORMATION SUMMARY During the FY 2000/2001 Budget process, Public Works identified the need to replace a 1994 GMC 350HD utility truck that has a crane for lifting heavy materials for water related construction activities. $50,000 was approved through the budget process to purchase the new truck. Although this vehicle is only seven years old, it has been in the shop a number of times due to its inability to brake properly. This vehicle carries many tools that are needed in the course of repairing water facilities and tows other equipment such as a trailer mounted air compressor and the concrete/asphalt saw cutter. From our experience the current vehicle cannot safely handle the load of having a crane, towing extra equipment and carrying materials for the day's tasks. It is because of these varied tasks that the City's Fleet Supervisor has recommended the complete replacement of the 1994 GMC 350HD with a new Ford F-650 cab and chassis. Staff is recommending that the Local Contract Review Board approve the purchase of a new Ford F-650 cab and chassis under the cooperative purchasing agreement utilizing the State of Oregon contract that was competitively bid. By approving this purchase, the City will save both staff time and cost of performing our own competitive bid process. 2001 Ford F-650 Chassis/cab 194-inch wheel base $28,940 7.21, Cat Turbo Diesel engine w/ Allison transmission $4,514 Air Brake package including air dryer $1,596 Optional crew cab with 108-inch cab axle $3,625 See purchase order for other options not listed Trade-in-credit for 1994 Chev 350HD -$15,500 Total Cost including Options 28,141.00 After the purchase of the cab and chassis we will be going out and receiving a minimum of three competitive bids for a new utility box and crane for this vehicle. OTHER ALTERNATIVES CONSIDERED ■ Competitively bid the cab and chassis ourselves ® Do not purchase the new vehicle VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES The funding source for this Ford F-650 cab and chassis has been budgeted for in FY 2000/2001. Budgeted amount approved is $50,000. After purchasing the cab and chassis we will also need to purchase a new utility box and crane for this vehicle. With a trade-in allowance for the existing vehicle we are projecting that the total cost for this piece of equipment will not exceed the $50,000 budgeted amount. 1:\PW\Agenda Item Swnmary Sheet - Ford 6650 cab & chassis AGENDA ITEM # .S FOR AGENDA OF February 27, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Increase Rates Fees and Charges for Water and Water Related Services PREPARED BY: Mike Miller DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the City Council amend the current water rates; water meter installation charges and other water related service charges to reflect increases in costs associated with providing these services. STAFF RECOMMENDATION City Council approve the attached resolution that amends the current rates, fees and charges for water and water related services. INFORMATION SUMMARY Chapter 12.10.130 of the Tigard Municipal Code provides that fees and charges for water and water related services be established by resolution of the City Council. In 1996, the water rates for our Water Service Area were restructured to a cost of service basis and charged to all water customers within the system. This restructuring of the rates in 1996 was revenue neutral. The City commissioned a water rate study in 1999 at the recommendation of the Intergovernmental Water Board (IWB). The results of the study indicated that significant increases in water rates are necessary to pay all capital, operations, maintenance and administrative costs of the water system, however, with the Taxpayers Protection Initiative being placed on the November 2000 ballot, rate increases greater than 3% may have needed voter approval if the initiative was approved. In April 2000, the IWB recommended that a 3% increase to water rates, water meter installation charges and other water related service charges be implemented. In May 2000, City Council unanimously approved a 3% increase in rates, fees and charges for water and water related services that became effective July 1, 2000. Staff has reviewed the water rate model, which was completed by CH2M Hill in April 2000, and although fiscal 1999/00 revenues were higher and expenses slightly lower than projected, a decrease in retained earnings of $370,486 still existed. In the water rate model, we analyzed the "base case" which has no water supply project; relies upon purchased water from Portland, Tualatin Valley Water District and Lake Oswego. The base case as its name implies does not have any new reserves such as rate stabilization, Capital Improvement Project or System Development Charge fund reserves. The base case also takes into account that there are no additional repair or replacement expenditures beyond that that was provided in the current City water CIP. It did include a five-year inflation adjusted CIP average of $1.92 million. Under the base case scenario the rate model projects significant rate increases to meet existing expenses. The increases, beginning in Fiscal 2000/01, were to be annual increases of 10%, 12%, 12%, 8% and 8% instead of a one time adjust of 42%. Please note, however, that the installation charges for the smaller meters will be reduced with the passage of the attached resolution. This reflects an operational change of having new developments install their own water services from the water main to the water meter location. As stated, this was only the base case. As the IWB reviewed the rate study findings, they found the need to establish a $500,000 rate stabilization fund, $500,000 CIP reserve fund and a $500,000 SDC fund reserve. In total the IWB was requesting $1.5 million per year be set aside for these reserve funds. This meant an additional $0.54 per CCF (100 cubic feet) be added to the volume charges. Staff felt that given the latest announcements of rate increases from the electrical and natural gas utilities, that the additional $0.54 per CCF would not be advisable at this time. In this proposal to the Council, Staff is requesting a net rate increase of 15.5%. Of this 15.5% rate adjustment, $0.072 per CCF will be utilized to establish a $200,000 per year rate stabilization fund. As of February 13, the City of Portland has notified us that our wholesale rate to purchase Bull Run/Columbia South Shore water will be increasing by 12.9% beginning July 1, 2001. In addition, this rate adjustment anticipates a proposed electrical rate increase from PGE of 25% during the fall of 2001, the impact of which is increased electrical costs of more than $30,000 during the 2001/2002 fiscal year. A rate stabilization fund would be utilized to help smooth out the volatility of wholesale rates from the City of Portland to purchase water. Instead of utilizing end balance fund reserves to cover the increased costs to purchase Portland water, funds from the rate stabilization fund would be used. The idea being that retail water rates would not have to fluctuate dramatically year to year to cover the volatility of the Portland rates. Water usage charges, including customer charge and booster charges, are as follows: Existing Rates Proposed Customer Charge $3.66 per billing period $4.00 per billing period Booster Charge $3.22 per billing period $3.54 per billing period Residential $1.35 er CCF $1.56 per CCF Multi-Family $1.33 per CCF $1.54 per CCF Commercial $1.57 per CCF $1.81 per CCF Industrial $1.30 per CCF $1.50 per CCF Irrigation $1.67 per CCF $1.93 per CCF Also included in this proposal are adjustments to the water meter installation fees for water meters 2-inches and smaller to reflect changes in cost of service. Installation fees for water meters 3-inches and greater are not changed because the installation charges are already based on actual costs. Please note that the following table is only for installation fees and does not include System Development fees. Meter Size Existing Installation Fees Proposed Installation Fees 5/8" x 3/4" $334.75 $325 $587.10 $500 1 1/2" $854.90 $850 2" $1,014.55 $1,000 The following table is for other charges that are to be adjusted on changes in cost of service delivery. Existing Fees Proposed Fees Fire Service Connection Fee $1,287.50 $1,400 Fire Rates (Sprinklers) 6" or smaller $15.45 per month $17.00 per month Fire Rates (Sprinklers) 8" or larger $20.60 per month $22.50 per month Temporary Use of Fire Hydrant $25.75 per month $50.00 per month Reconnection charge for non-payment - during $25.75 $50.00 business hours Reconnection charge for non-payment - after $36.05 $100.00 hours and on Holiday sand Weekends Staff is recommending that the effective date of these water rate and fee adjustments be May 1, 2001. This will allow notification of the water rate and fee adjustments through the use of the utility billing system, Cityscape and press releases in the local newspaper. OTHER ALTERNATIVES CONSIDERED o Do not increase rates and continue to deplete capital reserves. • Increase rates greater than the proposed net 15.5% adjustment to cover all of our capital, operations, maintenance and administrative costs of the water system. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Resolution No. FISCAL NOTES The proposed rate increases are designed to help reduce and eliminate the gap between water revenue and expenses, while at the same time limiting our exposure to the volatility of wholesale water rates from our suppliers. h:%\docs\Agenda Item Summary Water Rate Increase 2-27-0l.doc L1;1i1151L1'1'Y LI5"1'1-1Y Tigard Water Service Area Proposed Water Rates, Fees, And Other Water Related Charges Ed Wegner, Public works Director Mike Miller, Public Works Utility Manager Tigard Water Service Area Water Rate Increase QUESTION: Shat! the City Council amend the current water rates ,mater meter installation charges, and other water related service charges to reflect increases in costs associated with providing these services? son= • In 1999 the city commissioned a water rate study. - Completed in April 2000 • In May 2000 Council approved a 3% increase in rates, fees, and charges for water and water related services. - Effective July 1, 2000 . e~~ ~erat'~9 djture5 +199,089 GQin Fy 1998,1999 Loss 9-200 _882,613 Fy 199 Q53 Projected gain +312, ~y 200p_2.001* projected gain g-2002~`~ +370415 buying FY 200 urchase costs by eff orfis to reduce p * Includes our some h'rin9s* Of ~200,000. 1y~/C water and delaying S ~~w rate stahilizafiion fund Include We Are Requesting Council he Following Rates Tonight ve t to Avor Fixed Char es~ EXlstin Fr2RO--sed $3.66 $4.00 Customer charge X3.54 $3?Z Booster charge (per billing period) ~ Char es' voltm v Pro used E x is $1.56/ccf Residential: $1.35/ccf $1.54/ccf Multi-fa►~'~Y: si.33/ccf si.sl/ccf Commercial. X1.57/ccf $1.150/ccf $1.30/ccf Industrial: $1.67/ccf $1.93/ccf IrrigQtion" LL' 1.11L1L1 1 1 v a a ~aa Comparison: Typical Bl-Monthly Residential Water Hills (based on 22 CCF of usage) $68.30 Clackamas River Water (South) K ;3 s $57.40 City of Wilsonville x `t f r ` $53.79 Y ~ TVWD $52.16_ City of Beaverton City of Oregon City r t 3 s y t a r ' City of Sherwood $4712 . r' a"` 1 L A N F f 5 r ~ ~sF z! y. I'• J.,.~ ,}a . • t .Y t ~ t~'t;~~ 7 S•' K _ Y. City of Lake Oswego s s < ` " i~ r „ f } j $193 4 i .i.t;i? r..t S-aT.i~s ,ee ne :t .:S...l •..t _ ~ t ~1~9~r GT z City of Tualatin \ } > 4 7t .mot } t y3 r ~F J 7 ! 3 *r x 1 r City of Portland ~x i, r rsp~y4 ~ ria 4 x r 32 2 1 - f~ > - ta. N ,.y rG~~ti# T rt rr .)s.-~a p r - _7 ! 1 r'r f'> t t V~ f - t -t- 5 - Tigard Water Service Area i A •!y i r t 4 r 7' ]x' 4 i1.ti Ss•.'V 1} n K:_~ b~±,~ S~ a-}zc 44...w~~ti..:: $37 92~ . Clackamas River Water (Borth) f f rte' s f' ` k t,~ax a4 k4 a\ r-~ ~T .t.~ ?m :,h'~'•~-,. ".!e'{ ~ .f ~ mosey. ~ rti v4 . Hillsboro k tYt t` a+ a#a r iX i 1 nom`s~F a t`4 c G t, t Y 0 10 20 30 40 50 60 70 80 Cost in Dollars In addition to our fixed charges and volume charges, we are recommending adjustments to our meter install charges. ExistLng Proposed 5/8 " x 3/4'° $334.75 $325 qs $587.10 X500 ~ 2it $854.90 $850 211 X1,014.55 $1,000 Other Fees That We Are uesting Ad;Ustrt~ents 0n• Req E xistin Pr2R2.sed, Fire service $1,287.50 X1,400 connection fee: Fire rates 17/month (sprinklers) $15.45/month $ 6" or smaller Fire rates (sprinklers) X20.60/month $22.50/mOnth 8 " or larger Qr~ Osed E~cistin Temporary use of X-Z5.75 /ma $50/mo. . fire hydrants Reconnection $50 charge for non- 25.75 ~,rent during ~ baseness hours Reconnection $100 charge for Ilon- $g6.05 payment after hours, holidays and weeltendg increases have ~~"ded fie Q roved b, the secorn Q~d been re~lewed I ~e new fees un eil ~'h f { ectiVe d bl co If appr r ~S gileCOme e end chi 9 Qy 1 2p01. 'mom AGENDA ITEM # ~D FOR AGENDA OF 2 24- CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Hawks Beard /130th Task Force Recommendation PREPARED BY: Elizabeth Ann Newton DEPT HEAD OK ITY MGR OK ISSUE BEFORE THE COUNCIL Consideration of the recommendations of the Hawks Beard/130th Task Force. STAFF RECOMMENDATION Consider the recommendations of the Hawks Beard/130th Task Force and provide direction to staff on how to proceed. Three of the members present at the final Task Force meeting, Tom Force, Mark Irwin, and Rose Cicero support Option 1. Three of the members present, Gene McAdams, Bev Froude, and Paul Owen support Option 2. The task force agreed that both options and the reasons for their support should be forwarded to Council. The recommendations on each of the two options and a summary of the reasons for support follow. Option 1-Leave the diverter but modify the signage to allow westbound traffic to continue straight on Hawks Beard or make left and right turns onto 130th. (Revisit this when commercial property on Scholls Ferry Road between 130th and 135th is developed and City-wide traffic calming policies and guidelines are reviewed.) • Protects neighborhood livability. • Limits regional cut-through traffic. • Concern that if diverter is removed and traffic volumes increase dramatically the diverter will not be reinstalled. Option 2-Remove diverter. (But, if in six months, traffic counts are above 1,500 average daily trips, the upper limit for local streets, reinstall diverter with modified signage-Option 1. Also, a review of City-wide traffic calming programs and policies should be completed within the next six months.) • Promotes connectivity between neighborhoods. • Legitimizes current illegal turning movements. o Improves traffic flow. • Concern that keeping diverter in place creates a private street. As seen in both recommendations, the task force is unanimous in its recommendation that the City review traffic calming programs, policies, and guidelines using the parameters they considered when evaluating their options as a starting point and including guidelines for individual neighborhood requests. There were several comments during the task force meetings that lack of clear policies and guidelines specific to traffic calming devices and programs made it difficult to evaluate options. INFORMATION SUMMARY At the October 17, 2000, City Council meeting, Council consensus was to form a task force to review the traffic calming device on SW Hawks Beard at 130'h. The task force membership was to include former members of the original 130th Task Force, new members who reside on SW North Dakota, and new members from other locations within the City. The task force membership was as follows. From the original 130'h Task Force: Rose Cicero Gene McAdams Bob Pavlukovich Ed Halberg / Tom Force (Ed moved out of the area November 20, 2000. Tom was selected at the November 12, 2000, Summerlake Homeowners' Association to take Ed's place.) Representing the North Dakota Task Force: Basil Christopher Mark Irwin Citizens-at-large: Bev Froude Paul Owen The task force met three times: November 6, November 13, and November 27, 2000. City Engineer Gus Duenas and Police Sergeant Karl Kaufinan attended all of the meetings as staff resources. The attached memo summarizes the options discussed during the three meetings. The Task Force initially discussed five options but removed two from consideration at the end of the first meeting. At the third and final meeting, the Task Force agreed that the following parameters should be considered in evaluating each option. e Impact on Neighborhood How would the option affect the surrounding neighborhood? o Policy Implications What affect would the option have on past or future traffic calming decisions? (It should be noted here that the task force unanimously recommends a comprehensive City-wide review of traffic calming policies and programs.) 1 • Connectivity Does the option enhance or limit traffic connectivity? • Safety How would the option impact personal safety? • Cut-through Traffic How would the option impact the possibility of cut-through traffic? • Tigard Beyond Tomorrow Vision Goals: Improve Traffic Flow, Improve Traffic Safety Does the option further either or both of these goals? The task force then evaluated the three options against the above parameters. At the end of the third meeting, the six Task Force members in attendance supported two different options. The recommendations are summarized above. The attached memo was prepared by staff and distributed to all of the Hawks Beard/1301h Task Force members for comment. Written comments were received from Gene McAdams and Bev Froude. Attached is a memo written to the Task Force members regarding the comments and asking for specific comments about Gene McAdams December 11 memo (attached). A written response to that memo was received from Gene McAdams, but no other comments either written or via phone were received. Sgt. Kaufman and City Engineer Gus Duenas also received the Task Force recommendation. Sgt. Kaufinan supports Option 1 and Gus Duenas supports Option 2. Their comments are also attached. OTHER ALTERNATIVES CONSIDERED No other options were recommended by the Task Force. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Transportation and Traffic - Improve Traffic Safety. ATTACHMENT LIST 1. Hawks Beard 1301h Task Force memo to City Council dated December 6, 2000 2. Memo from Sgt. Kaufman to Liz Newton dated 01-29-01 3. Memo from Gus Duenas to Mayor and Councilors and Bill Monahan dated January 26, 2001 4. Memo from Liz Newton to Members of the Hawks Beard/1301h Task Force dated January 2, 2001 5. Letter from Gene McAdams to Liz Newton dated December 11, 2000 6. Letter from Gene McAdams to Liz Newton dated January 12, 2001 7. Email from Bob Pavlukovich to Liz Newton dated 1/16/01. FISCAL NOTES I:WDM\CITY COUNCIUCOUNCIL AGENDA ITEM SUMMARIESIHAWKS BEARD-130 TASK FORCE.DOC MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council FROM: Hawks Beard / 130th Task Force DATE: December 6, 2000 SUBJECT: Hawks Beard / 130th Task Force Report At the October 17, 2000, City Council meeting, Council consensus was to form a task force to review the traffic calming device on SW Hawks Beard at 130th. The task force membership was to include former members of the original 130th Task Force, new members who reside on SW North Dakota, and new members from other locations within the City. The task force membership was as follows. From the original 130th Task Force: Rose Cicero Gene McAdams Bob Pavlukovich Ed Halberg /Tom Force (Ed moved out of the area November 20, 2000. Tom was selected at the November 12, 2000, Summerlake Homeowners' Association to take Ed's place.) Representing the North Dakota Task Force: Basil Christopher Mark Irwin Citizens-at-large: Bev Froude Paul Owen The task force met three times: November 6, November 13, and November 27, 2000. City Engineer Gus Duenas and Police Sergeant Karl Kaufman attended all of the meetings as staff resources. I:admViz\Hawks Beard Recommendation Page 1 of 6 12/07/00 At the November 6 meeting the task force discussed "existing conditions." Sergeant Kaufman advised that 90 tickets had been issued in the past year for illegal vehicle movements at the diverter. Gus Duenas reported on available traffic study information. The task force members requested that the traffic studies be redone to provide the following information: • Average daily traffic on SW 130th between Hawks Beard and Schools Ferry Road. Average daily traffic on SW 130th south of Hawks Beard. • Average daily traffic on Hawks Beard east of the diverter. • Average daily traffic on Hawks Beard between 130th and 135th. The task force then discussed five options. Option 1-- Leave diverter in place but modify the signage to allow westbound movements (proceed straight west on Hawks Beard, turn north or south from the west) but prohibit eastbound movements into the neighborhood. Option 2-- Remove the diverter. Option 3-- Close the street at the present diverter. Option 4-- Leave the diverter but redesign for fire access. Option 5-- Make Hawks Beard a one-way street between Summerlake Drive and 130th. The task force also discussed other policy implications including the impact on livability, parking, the potential impact of the development of the vacant property on Scholls Ferry Road between 130th and 135th, the possibility of cut through traffic, and not isolating neighborhoods. At the conclusion of the meeting, the consensus of the task force was to remove Options 3 and 5 from further consideration. Option 3, to close the street, would cut off access to both neighborhoods, would not promote connectivity, and may have a negative impact on emergency vehicle access. Option 5, to make Hawks Beard a one-way street between Summerlake Drive and 130th was not viewed as fair or equitable, and would not promote connectivity. The second Hawks Beard / 130th Task Force meeting was November 13, 2000. Mark MacDonald, representing Tualatin Valley Fire and Rescue, attended to speak to the impact of the current diverter on emergency access. He advised that emergency vehicles can access the area with the diverter in place; in fact, Summerlake Drive is the primary access to the area, not 130th to Hawks Beard. Ideally however, the diverter would not be there. Gus Duenas commented that the requested traffic studies were in progress. There were no additional comments from the Police Department. The task force members had no I:adm\liz\Hawks Beard Recommendation Page 2 of 6 12/07/00 other options to present for consideration. The balance of the meeting was spent discussing the remaining three options. Option 1-- Leave diverter in place but modify the signage to allow westbound movements but prohibit eastbound movements into the area. Option 2- Remove the diverter. Option 3-- Leave the diverter. (The task force determined, based on Fire Department information, it would not be- necessary to modify the diverter to accommodate emergency vehicles.) The last task force meeting was held on November 27, 2000. First, Gus Duenas reviewed the completed traffic count data (map attached). r Street Location ADT (Direction) 85th Percentile Speed 130 Avenue North of Hawks Beard 1,298 (NB) 40 mph North of Hawks Beard 1,246 (SB) 35 mph 130 Avenue South of Hawks Beard 801 (NB) 30 mph South of Hawks Beard 1,352 (SB) 30 mph Hawks Beard East of 130 Avenue 20 (EB) 20 mph East of 130 Avenue 241 (WB) 25 mph Hawks Beard West of 130 Avenue 407 (EB) 25 mph West of 130 Avenue 442 (WB) 25 mph Task force members had no additional general comments on any of the options from those expressed at the last meeting. The task force members agreed that the following parameters should be considered in evaluating each option. e Impact on Neighborhood How would the option affect the surrounding neighborhood? • Policy Implications What affect would the option have on past or future traffic calming decisions? (It should be noted here that the task force unanimously recommends a comprehensive City-wide review of traffic calming policies and programs.) • Connectivity Does the option enhance or limit traffic connectivity? I:admUiz\Hawks Beard Recommendation Page 3 of 6 12/07/00 • Safety How would the option impact personal safety? • Cut-through Traffic How would the option impact the possibility of cut-through traffic? • Tigard Beyond Tomorrow Vision Goals: Improve Traffic Flow, Improve Traffic Safety Does the option further either or both of these goals? The task force then evaluated the three options against the above parameters. Option 1-Leave diverter, modify signs to allow westbound traffic. Impact on Neighborhood Traffic will increase but unclear by how much since some of the existing westbound traffic now making illegal turning movements at the diverter would continue. Connectivity Increased in the westbound direction only. Personal safetv Eliminates the need for u-tums. Perceived as less safe for children and pedestrians due to potential for increased traffic. Cut-through Traffic Possible in the westbound direction but unsure what actual increase would be in regional cut-through traffic. Vision Goals Improve traffic flow - somewhat, in the westbound direction. Improve traffic safety - some, by eliminating the illegal turning movements. Option 2-Remove diverter. Impact on Neighborhood The immediate neighborhood will see increased traffic. Connectivity Connectivity improves. Safety Negatively impacts pedestrian safety. I:adm\liz\Hawks Beard Recommendation Page 4 of 6 12/07/00 Cut-through Traffic Possible increase in regional cut-through traffic. Vision Goals Improve traffic flow - traffic flow will improve. Improve traffic safety - traffic safety may decrease due to increased traffic volume. Option 3-Leave diverter. Impact on Neighborhood No change. Connectivity Limits connectivity. Personal Safety No change. Cut-through Traffic Limits cut through traffic. Vision Goals Improve traffic flow-does not enhance traffic flow. Improve traffic safety-does not improve; illegal turning movements still probable. Recommendation After a lengthy discussion, the six task force members present at the final meeting narrowed their focus to two options: Option 1-Leave the diverter but modify the signage to allow westbound travel and turning movements; and Option 2-Remove the diverter. Three of the members present, Tom Force, Mark Irwin, and Rose Cicero support Option 1. Three of the members present, Gene McAdams, Bev Froude, and Paul Owen support Option 2. The task force agreed that both options and the reasons for their support should be forwarded to Council. r 4 The recommendations on each of the two options and a summary of the reasons for support follow. a Option 1-Leave the diverter but modify the signage to allow westbound traffic to continue straight on Hawks Beard or make left and right turns onto 130th. (Revisit this when commercial property on Scholls Fer y Road between 130r and 135th is developed and City-wide traffic calming policies and guidelines are reviewed.) I:adm\liz\Hawks Beard Recommendation Page 5 of 6 12/07/00 • Protects neighborhood livability. • Limits regional cut-through traffic. • Concern that if diverter is removed and traffic volumes increase dramatically the diverter will not be reinstalled. Option 2-Remove diverter. (But, if in six months, traffic counts are above 1,500 average daily trips, the upper limit for local streets, reinstall diverter with modified signage-Option 1. Also, a review of City- wide traffic calming programs and policies should be completed within the next six months.) • Promotes connectivity between neighborhoods. • Legitimizes current illegal turning movements. • Improves traffic flow. • Concern that keeping diverter in place creates a private street. As seen in both recommendations, the task force is unanimous in its recommendation that the City review traffic calming programs, policies, and guidelines using the parameters they considered when evaluating their options as a starting point and including guidelines for individual neighborhood requests. There were several comments during the task force meetings that lack of clear policies and guidelines specific to traffic calming devices and programs made it difficult to evaluate options. tadnUlzliiaw s Beard RecoireI Page 6 of 6 12/07/00 ~g g~ TI LICE MEMORAl®TL)iTM ; ~ CEP TIGARD POLICE DEPARTMENT 11 RD E DATE: 01-29-01 TO: Liz Newton FROM: Sgt. Karl Kaufman SUBJECT: 130th/Hawksbeard Based upon my observations of this intersection over the past several years, it ` appeared as though a majority of the westbound traffic utilizing SW Hawksbeard at SW 130th were doing so with the intention of making a left turn to go into the Summerlake area. With the completion of the apartment complex on SW Hawksbeard at SW 135th and the completion of SW Hawksbeard street, from approx. SW 131St to SW 135th, there was an additional observation made. Citizens living in the new apartment complex, as well as some living on SW 135th are now usin? SW Hawksbeard as a "cut through" street coming from the SW North Dakota/1215 area. Instead of turning "right" as was required by the existing signage, drivers were either going straight on SW Hawksbeard, or continuing to turn left onto SW 130tH Once enforcement action was increased, drivers on SW Hawksbeard were observed making a "right" turn as required onto SW 130th, going north on SW 130th a few blocks and then make a U-turn, or turn around using a private drive or private parking lot, then come south on SW 130th to continue their progress into either the Summerlake area, or towards SW 135tH Based upon my observations, and knowledge of why this diverter and signage was initially installed, I suggested the diverter remain, but that the signage be changed to allow a right turn, or for either a left turn onto SW 130th or to allow a driver to go straight on SW Hawksbeard towards SW 135th. The diverter and "do not enter" sign could remain in place to eliminate traffic from travelling eastbound on SW Hawksbeard from SW 130th The diverter and signage has not hampered the Tigard Police department from an "emergency vehicle" standpoint. My suggestion to change the signage but leave the diverter has not been swayed by the information presented during the task force meetings. Keeping in mind the initial reasons of why these were installed, and that the undeveloped property bordering SW Hawskbeard, SW Scholls, SW 130th to SW 135th will eventually be developed, traffic in that area will undoubtedly increase. While I concur with some of the reasons for taking the diverter out, removing it will undoubtedly mean it will never be put back, and that will create a whole new traffic problem. LIM CITY OF TIGARD Engineering Department Shaping A Better Community MEMORANDUM CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Phone 503-639.4171 - Fax: 503-624-0752 TO: Mayor and City Councilors Bill Monahan, City Manager FROM: Gus Duenas lA'" City Engineer DATE: January 26, 2001 SUBJEEC-r: Recommendation on the Hawks Beard Diverter City Council formed a Task Force to review the traffic calming device on SW Hawks Beard Street at 130`h Avenue. Since that diverter was placed, circumstances have changed significantly with the construction of 130`h Avenue to Scholls Ferry Road and installation of a diverter at SW North Dakota Street diverting southbound traffic onto Springwood Drive. With the placement of the diverter on SW North Dakota Street, traffic cannot travel to 12151 Avenue via Hawks Beard and North Dakota. In addition, Hawks Beard Street has been extended west from 130`' Avenue to connect to 135th Avenue. Hawks Beard Street is 36 feet in paved width curb-to-curb and can easily accommodate two-way traffic while still allowing parking on both sides of the street. The current traffic volume of 241 vehicles per day westbound on Hawks Beard is exceptionally low for a street of such capacity. I therefore recommend removal of the diverter at SW Hawks Beard Street and reinstatement of two-way traffic on that street. With the diverter in place on SW North Dakota, there is no need for the diverter on Hawks Beard to remain. The traffic volumes on Hawks Beard will probably increase to 700-800 vehicles per day, but that is still well within the allowable capacity for local streets of 1,500 vehicles per day. The potential for cut-through traffic is greatly reduced by the presence of the diverter on SW North Dakota. Removal of the Hawks Beard diverter would have the following positive effects: Allows for two-way traffic and hence promotes connectivity between the neighborhoods east and west of that segment of Hawks Beard Street. This eliminates the perception of unfairness that results from one neighborhood being allowed access to another neighborhood without corresponding access in the opposite direction. ■ Enhances traffic safety in general for that area by eliminating the need for mid-block U- turns and by legitimizing turning movements that are currently illegal. e Improves traffic flow by providing a neighborhood connection that would allow circulation ' between neighborhoods and keep local traffic from having to use Scholls Ferry Road to access an adjacent neighborhood. The traffic pattern for the entire area should be evaluated if the large property to the north develops. That evaluation should occur during review of the traffic circulation plan for the development proposed. During the next six months, we will be developing a Neighborhood Traffic Calming Program that addresses procedures for evaluating traffic issues within and between neighborhoods. During the Capital Improvement Program formulation in the spring of 2000, we introduced to the Citizen Involvement Teams (CIT) the procedures for addressing traffic calming concerns in neighborhoods. This involves formation of neighborhood traffic calming committees in each neighborhood requesting traffic calming to work with City staff in the development of feasible solutions to those issues. The solutions could involve a wide variety of traffic calming measures, including street narrowings, traffic islands, speed humps, traffic circles, etc. The citizens attending the CIT meetings were receptive to the approach. We have already used these procedures in resolving traffic concerns along Hillshire Drive in Bull Mountain. We intend to formalize these procedures and incorporate them in a comprehensive approach to traffic calming Citywide. The use of these neighborhood committees could remove the need to form task forces to address specific traffic issues. The use of task forces could possihly be reserved for those issues that are of Citywide concern and involve multiple neighborhoods for resolution. c: Liz Newton Vannie Nguyen Michael Mills 1 I:\Eng\Gus\Word Documents\Recommendation on Hawks Beard Diverter 7 i i i i 3 Hawks Beard Diverter Recommendation Page 2 of 2 MEMORANDUM CITY OF TIGARD, OREGON TO: Members of the Hawks Beard/130th Task Force ~ L FRONT: Liz Newton, Assistant to the City Manager (/1 DATE: January 2, 2001 SUBJECT: Task Force Review of My Memo Dated December 6, 2000 The only written comments I received on the report I prepared were an e-mail from Mark Irwin confirming receipt of the report, a copy of the report with questions and comments from Bev Froude, and a letter from Gene McAdams. I discussed Bev's comments with her over the phone. They were primarily suggestions for the staff report that will go to City Council and Bev did not intend for them to be incorporated into the task force report. I spoke with Gene McAdams about his letter and told him I would forward his letter to all of the task force members for consideration. I should note that as of this date I have not received a call from Bob Pavlukovich (Item 1 of Gene's letter). I should also note that my recollection is that at the end of the first meeting and toward the beginning of the second meeting I asked about discussing North Dakota and consensus of the group was not to. If this is incorrect, please let me know! Please take some time to review Gene's letter (attached) and get back to me with your comments by 5:00 p.m. on January 12, 2001. 1 have attached another copy of the draft task force report. att M I.WDMLL a%HAWKS BEARD-130TH TASK FORCEAOC 7 13420 S.W. Brittany Drive Tigard, Oregon 97223-1530 Dec. 11, 2000 Ms. Liz Newton, Ass't. to C.M. City of Tigard Oregon 13125 S. W. Hall Blvd. Tigard, Oregon 97223 Dear Liz: Subject 130th Hawks Beard This will respond to your solicitation of 12/8/00 as addressed to Task Force members concerning the above captioned. (Given the diversity and vested concerns, I consider your summary to be reasonable.) 1. Bob Pavlucovich advised me he would call you (as a task force member) and certify his vote for removal of the 130th Hawks Beard traffic intersection obstacles. If such is the case the "tie vote" is broken. 2. According to Chief Johnson and Deputy Fire Marshal Eric McMullen of the Tualatin Valley Fire & Rescue agency, Mark McDonald (page 2) does not know what he is talking about. The present blockage does not meet fire department standards. (My position is based on a personal visit with Chief Johnson (about 1995) and a letter from McMullan as addressed to Gus Duenas dated Sept. 4, 1998.)* 3. 1 was disappointed I was not offered a few minutes and the opportunity to present the following motion to the task force for consideration.( despite what I thought was our mutual understanding). [During Council discussion of Task Force assignments, some members of the Council did not want to jump into the breach of a full blown analysis of the S.W. North Dakota southbound traffic barricade and other impediments at this time. However, the original motion included both 130th/Hawks Beard and S.W. North Dakota "diverter issues".] I simply wanted to enter the following for consideration. i "The City Of Tigard has a street connectivity policy. The S.W. North Dakota blockage which prevents southbound vehicular access beyond Springwood Drive was justified to substantially reduce 'cut through traffic'. Future street connections may materially change that justification. Motion: In view of Tigard's 'Connectivity Policy' and the fact that the barrier was justified primarily to prevent or reduce 'cut through traffic" it is the recommendation of this Task Force that the relevance and merit of the S. W. North Dakota "diverter" be reviewed and reevaluated in detail when Walnut Blvd., Scholls Ferrry and Murray Blvd's. are connected". Sincerely, G cAdams `My last conversation on this subject was with Chief Johnson as well as Cleve Joiner, Ass't. Fire Marshal (503-612-7005) today. 13420 S. W. Brittany Drive Tigard,Oregon 97223-1530 January 12, 01 Ms. Liz Newton, Ass't. to C. M. City of Tigard, Oregon 13125 S. W. Hall Blvd. Tigard, Oregon 97223 Dear Liz: Subject: Task Force, 130th Hawksbeard Regardless of your recollection "at the end of the first meeting and toward the beginning of the second", 1 will concur (based upon City Council discussion), with the intent that there would be no detailed analy- sis of the rigmarole surrounding the S.W. North Dakota barrier. I do not know what each task force member knew of Councilmember Patton's concern regarding "total immersion" into the S. W. North Dakota morass. However, the notion we could not mention any aspect of the matter is absurd. You will recall I also agreed (given Council discussion) that we would not analyze the totality of the S.W. North Dakota matter in any sig- nicant detail. My motion (as contained in my 12/1/00 letter) was intended to pass or not pass at the end of the meeting. Were I interested in an elabo- rate review, I would have never requested consideration of the subject for "just a few minutes". Please recall justification for the 130th Hawksbeard blockage was instituted to guarantee that no cut through traffic could possibly reach S.W. North Dakota. The two projects are inextricably intertwined. My request to you was for a few minutes at the end of one of the meetings to present my motion. You agreed to my request. I brought it to your attention twice. a My purpose was to identify once again (if the city does, in fact, have a connectivity policy) the validity of the blockage when and if certain streets are connected in the future. i Kurr1% a The primary justification (you will recall) for the S.W.ADakota barr- ier was to reduce excessive cut through traffic. 3 a Once again, my motion was nothing which resembles a plunge into the murky depths of total immersion into that sea of horrendous con- flict. I was only seeking recognition and application of a connectivity policy (if there is one). Those vested interests who cherish street privati- zation should not be threatened by validation of their cornerstone of advocacy. I have been personally frustrated with the S.W. North Dakota situa- tion for years. (Whether the barrier remains or is removed has little impact upon my personal ability to get where I need to go.) I am con- cerned about the consistent application of city policy. If the split vote Council decision to install the barrier had been made in a somewhat honorable and straightforward manner in the first place, I would have nothing to say. To finish with the 130th Hawksbeard issue, it is my position that should the city choose to retain this improperly constructed barrier, most city streets will qualify for the same entitlement. (I think most residents would enjoy reducing their traffic load to less than 300 vehicles per day. I cannot imagine how you can sustain such a policy.) Of course, there is at least one alternative. The City could formal- ize the old English tradition by identifying those certain individuals enti- tled to special treatment with rank and recognition. Then we ordinary folks could more easily recognize the privileged and bow to their "rightful status" accordingly. I fully understand this missive is rather long for anyone at City Hall to read. Nevertheless, it has presented me a chance to release some of my frustration and once again call attention to inconsistent city policy. Sincerely, McAdams Page 1 of 1 Dear Liz, I am writing to you in response to the Hawks Beard diverter. I have had two discussions witiryou concerning this diverter as well as the meeting I attended. I apologize for my delay in responding, bht here is my commentary anyway. I realize that all parties have their "special interests", and in trying to work out whether the Summer Creek bridge was to be built, everyone had to make some concessions. My major focus was on getting the bridge built, other people were concerned about other issues like Hawks Beard becomming a cut through. To take the two issues and look at them together, you realize that they were part of a package deal that made some sense to those who participated. A concession of sorts to get an overall project approved. To look at the issues separately, you quickly realize That the Hawks Beard diverter is a special piece of the puzzle which benefits a small portion of homeowners. Like I said, concessions were made, and to take the two issues apart from one another doesn't give a true picture of why the diverter happened. Would the diverter have been placed at all, had the bridge been built before the questions popped up? I doubt the city would have even allowed it to come up. My feelings on this issue were then, and remain, that I see the diverter as a special interest benefitting only a few, while making the intersection less accessible to emergency and other traffic. My biggest concern is that the city has taken a rather non descript intersection (traffic wise), and turned it into the most blatently violated intersection in the city, if not in sheer numbers of cars that make an illegal crossing, then certainly in percentage of cars that violate it. I thought it was absurd to erect it then, and I feel it is still a bad idea. I wish you and our city officials success in mapping out our future. I realize how hard it must be for you, but I do appreciate the effort, whatever the outcome may be. Best reows, Pavlukovich file://C:\WINDOWS\TEMP\GW) 0001 4.HTM 1/16/01 e IPTma dig e ® so o s o ' o` e 0 s e • a' e 'K` F r ~N com- y S•* ~ f :.j f - 1 a = s ,I~ l S ..A ~ 1 v <:c.. 'i it r i a.... ~~ry S~~ i ~ ~ y~ 'M1 a. a 4n S s w ? 3 low low { ~-d e ' p- 0 • I I O • ♦ I • 0 S 0 - { { 01 • • • s• • 0 Q a _ ® ~ ® ~ ~ 4® 9 ~ a q0 * i i1 • ~ ~ • Os a p ~ o ~ .e 0®® • 9® . C • ~ , ~ ~ ~ w 0 • as a J a 5 1 I • • o e e .oo ~ e • ®o e o gak s • oe e c P • • . o o - e 0 • e 1 e i e H 0 y FJ l L 1 a 6 e • • e g e a z a AGENDA ITEM No. 7 Date: February 27, 2001 TESTIMONY SIGN-UP SHEET Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING (INFORMATIONAL) FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 20 Ell SW ROSE VISTA DRIVE Due to Time Constraints City Council May Impose Time Limit on Testimony I:WDM\GREER\CCSIGNUPXPH TESTMNY FORM SAN SEWER DISTMOC 1 • AGENDA ITEM No. 7 PLEASE PRINT Proponent - S eakin In Favor Opponent - S eakin Against) 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. MEN Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. t i i { Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. I ' i i I AGENDA ITEM FOR AGENDA OF February 27, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Formation of SanitgZ~ Sewer Reimbursement istrict No. 20 SW Rose Vista _ PREPARED BY: G. Berry DEPT HEAD OK A.P. Duenas CITY MGR OK W.A.Monahan ISSUE BEFORE THE COUNCIL Formation of a sewer reimbursement district to construct a sanitary sewer project as part of the Neighborhood Sewer Extension Program. STAFF RECOMMENDATION Approval, by motion, of the attached Resolution forming the Reimbursement District. INFORMATION SUMMARY The proposed project would provide sewer service to fifteen lots along SW Rose Vista Drive. Through the City's Neighborhood Sewer Extension Program, the City would install public sewers to each lot within the Reimbursement District and the owners would reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each owner would be required to pay a connection fee of $2,335 before connecting to the line and would be responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. Each owner has been notified of the hearing by mail. The notice, mailing list and additional details are included in the City Engineer's Report attached as Exhibit A to the proposed resolution. If Council approves this request to form the Reimbursement District, bids from contractors to construct the sewer will be requested. Another resolution to finalize the formation of the Reimbursement District, with cost adjustments, will be submitted for Council action after construction is completed and actual construction costs are determined. t i i a OTHER ALTERNATIVES CONSIDERED i i None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY a Not applicable. ATTACHMENT LIST Proposed Resolution with Exhibits A and B Notice to Owners Agreement for the purchase of an easement Map and list of owners requesting service FISCAL NOTES Funding is by unrestricted sanitary sewer funds. 1:%drywWeIstrWeWa0 rwe vka estd= J i i i 3 h February,13 2001 CITY OF TICS D OREGON I'mm 0 T I C E Informational Hearing NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL AT A MEETING ON TUESDAY, February 27, 2001 AT 7:30 PM IN THE TOWN HALL OF THE TIGARD CIVIC CENTER 13125 SW HALL BLVD TIGARD OR 97223 TO CONSIDER THE FOLLOWING: Proposed Sanitary Sewer Reimbursement District No. 20. (SW Rose Vista Drive) The Tigard City Council will conduct an informational public hearing to hear testimony on the proposed Reimbursement District formed to install sewers in SW Rose Vista Drive. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.060 of the Tigard Municipal Code. Further information and the scheduled time for this item during the Council meeting may be obtained from the Engineering Department, 13125 SW Hall Blvd. Tigard, Oregon 97223, by calling 639-4171 extension 373 or at 11www.ci.6garoCor.us1. I I t,teNVregVeknbx enw d CistfMVVISta20vVVW of lorrnation.COo 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 s air ~ rs+o sus ~ ®ro Appraisal -Negotiation -Relocation - Studies Date: January 16, 2001 Panoi HuBnao.03 Pcojed 20038 bxkz 00-208 David S. & Crystal F. Huffman 8 12025 SW Rose Vista Drive Tigard, OR 97223 M Subject: Rose Vista Sanitary Sewer Gaarde Street to 121 st Avenue Re: Tax Assessor's I.D. 2S103CC TL 1100 w LETTER OF AGREEMENT M Dear Property Owners: 5. The City of Tigard is planning the construction of the above captioned project. As you are aware through our discussions, property you own will be affected by this project. A Sanitary and Storm Sewer Easement will be necessary in order to give the City the legal right to complete the construction of the sewer improvement project. In order to reach agreement, and in exchange for executing the document and granting the above rights, and subject to approval, the City agrees to the following: 8 a 1. To compensate you in full for the sanitary sewer easement in the amount of $4,310.00 and fnr damages in the amount of $3,966.00 for a total rounded to $8,280.00. 2. To construct a sewer service lateral to your home at the point of connection at no cost to you. However, your licensed plumber will need to make the actual connection and properly abandon the existing septic tank.. The city will provide one week of advance notice in order to allow you to schedule this work. 3. To waive the $2,300.00 sewer connection fee for your sewer connection 4. To not place a sewer manhole on your property. 3 5. To accept a deposit from you, for your participation in the sewer extension district, in the amount of 00 o $8,000.00 prior to beginning of construction. 6. To grade your lawn area to a smooth finish after construction and to clean up the construction debris. The total compensation for the above is $8,280.00. Payment will be made in approximately 30 signature to the easement. Thank you for your cooperation with the City of Tigard. 0 W5 h Q Sincerely, i c an R. Pool, Right-of- `Agent Right-Of-Way Associates, Inc. ao c: Nguyen F:~WPSO~MIP1P,osevin~F{IlFFMAt•1.03~01-12-01.loa.Wpd Rose Njista de er extenst Y=Yes AA~~ SW GAA RE 3/17/00 Greg Berry Engineer City of Tigard 13125 S.W. Hall Tigard, OR 97223 Dear Greg: Attached is a list of residents (and their signatures) of Rose Vista Dr. who are interested in having the city of Tigard supply a sanitary service line on Rose Vista. All of these homes have septic systems, are approximately 30 years old and some of them have experienced septic system problems. We believe it is only a matter of time before this situation becomes critical. We understand that as of this date we are not officially residents of Tigard but that we will become part of the city in May of this year. The purpose of this petition is to ask the city to attach a high priority to the sanitary service project on Rose Vista Dr. Sincerely, John G hZ 12040 SW Rose Vista Dr. Tigard, Or 97223 BY SIGNING BELOW, I AM EXPRESSING AN INTEREST IN BEING PROVIDED WITH SANITARY SEWER SERVICE AND REQUEST ADDITIONAL INFORMATION: PLEASE INDICATE IF YOUR HOUSE HAS A BASEMENT. i NAME OF PROPERTY OWNER ADDRESS SIQNSTURE BASEMENT OR N) ANNEXATION OR M 00 ZWtAqvkkktA La 2-) 1~z5 srN ~yl~ V/4 AkIwAy LAW AtPftf- _ Zo ~w Pos. i N D oTT. 6a-mle-y 14 oyG~s~,v/ZOsev1T~ wl)rc,_v1 11= sw Rose- /Vt NO F Sm f ,,620 S)L? ~ Vi'51 ice, i i Greer_Gaston - Rose Vista DR Sewer Page 1 Arch 11M From: <KLZ97@aol.com> To: <greg@ci.tigard.or.us> Date: 2/27/01 7:48AM Subject: Rose Vista DR Sewer I am a resident of the City of Tigard, on Rose Vista DR. Tonight at the council meeting you will be discussing preliminary plans for a sewer on our street. I am writing to advise you my husband and I have long supported this much needed service. All the houses in our subdivision are nearly 30 years old. Many of us have had trouble with our septic systems, due not only to the age of our homes, but also due to water problems. We are so relieved that a sewer hookup is finally in sight. Ours is one household that will sign up immediately for the reimbursement district. Thank you for your consideration. Katherine Zimmerman Alai ~11r`a CITY OF TIGARD 13125 SW Hall Blvd. Tigard, Oregon 97223 Mayoral Election - March 13, 2001 For Immediate Release Tuesday, February 27, 2001 Contact: Cathy Wheatley City of Tigard 503-639-4171, ext. 309 The position of Mayor for the City of Tigard is on the March 13, 2001, ballot. The ballot states that the position is for a four-year term, but this is in error. The term is from the date the oath of office is administered (tentatively scheduled for April 10, 2001) until December 31, 2002. This time period represents the time remaining on the unexpired term of Mayor Jim Nicoll, who passed away June 30, 2000, from colon cancer. Jim Griffith was appointed by the Tigard City Council on September 12, 2000, on an interim basis until the March 13, 2001, election. Jim Griffith is the only Mayoral candidate on the March 13, 2001, ballot. For further information, please contact City Recorder Cathy Wheatley at 503-639-4171, Ext. 309. Page 1 of 1 %%TIG733%USRWEPTSWDMILRIPRESSVMAYOR ELECTION 3-17-01.DOC Alan /Icy -do- FAX TRANSMITTAL Date February 27, 2001 Number of pages including cover sheet 3 To: Tim Ramis From: Cathy Wheatley Co: Co: City of Tigard Fax Fax 503-684-7297 Ph (503) 639-4171. Ext. 309 SUBJECT: House Bill 2246 MESSAGE: Tim, could you please review the information accompanying this fax and advise Council what you know about the proposed bill? I'll put this on the Study Meeting topics for discussion this evening. Thanks! Cathy 1.%ENGFAXOOT FEB 27 '01 02:46PO LEAGUE OF OR CITIES P.1/7 LEGISLATI'VE FAX ALERT 1. to of Dear Mayor: Lease of Cities House Bill 2246 is being heard. by • •Local,Govevcmmement•t;Center 1201 Court Si. NE,, Ste. 200 SaJenr, OR 97301 4194 the House Judiciary on Friday, . P,O. l3ox 928 , ,Salami,OR,9730$-0928 2 ric1. (503) 588.6550 or 1-800-452-0338 March Representative sits Fax: ( E-mail to349-4867 is bill 1s Fu. : Ioc ~d~gov.or , on. the House Judiciary. Wcb: www.orlocalgov.ormoa OFFICE ILS: potentially very harmful to cities • . •Preslf:at .:Susan Roberts, and could result in increased Altryor, Enterprise , 'Vice President lawsuits against cities. Lou Ogden, Mayor; Tualatin Treasnr'er • hlbm Swaim. Mayor,$aitm Your Representative's phone number Past President Charlie FLales, Commlaslancr•, Portland is listed on the following pages. DIRECTORS: Rats Drake, Please call or write them before Mayor, Beaverton Budllarl Friday to urge then to vote NO on Caunctltr. 1 O."ath rails 7imKey, 2246. (Also attached is the Councilor, Medford a i., Lassen. League's summary of the bill.) Councilor, Gresham Larry Eohman,;. Clty Mgnager. Pendleton Karl ilor, . Thank you. Call Christy Monson Councilor, Lake Oswego Cdy asaki, with any questions on this matter: City Itfarrager, Ncwporr Nta)k m<'na ,tfai,orB, Athena 503-588-6550. Harold White,, Mr~or, .4unuville EX&CUTIVEDnZF,CTOR Richard C. Townsend FEB 27 101 02:47PM LEAGUE OF OR CITIES P.7i7 Suian:mary of the L®C Stance on Judicial Review: City Action Needed City officials need to call or, write members f the 14ouse Judiciary Committee and uMMe a no vote on'14 use Bill 2246, the iudicial review hill. This bill changes the way citizens sue governments ' and will likely subject our cities to increased law suits and new meeting, statute of limitation, and standing requirements. The bill will be heard by the full House Judiciary Committee on March 2fla Below, wa have summarized the League's opposition to this bill: BD 2246 is not, as it states, just a procedural change in the law. The bill makes several substantive changes in the law. For example, it broadens the definition of "governmment action" to give the courts the authority to review any local government action-- from a decision to change the times the city ball field lights are turned off to a decision on what kinds of food are served in the courthouse restaurant. This bill treats elected officials and appointed agency officials in the same manner and ignores the fact that elected officials govern by the will of the people. For example, it imposes a "prior established practice" standard upon local governments- This standard would require city councils to act consistently with past interpretations of the law. This sounds logical until you realize that city councils, unlike state agency officials, are political entities and are subject to policy changes at the will of the voters. To hold current councils to the legal interpretations of past councils would stifle political change, promote inefficiency, impede good government, and limit our responsiveness. We have an alternative bill, a Transfer Statute, which would address the proponent's concerns about access to justice. Although we believe that our citizens now have adequate access to the courts to challenge government decisions, the proponents of this bill contend that this "access" issue is a problem. To address their concerns, we have drafted a Transfer Statute. This statute, which is currently being drafted in Legislative Counsel, allows a citizen who improperly files an action against local government to transfer his or her case to the proper forum without suffering any harm or prejudice. -Christy Monson