City Council Packet - 05/14/2002OREGON
TIGARD CITY COUNCIL
MEETING
MAY 14, 2002
COUNCIL MEETING WILL TELEVISED
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13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
Revised 5/14/02 - Mayor 8t Council
CITY OF TIGARD
OREGON
PUBLIC NOTICE:
Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s).
If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda
item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set
for a future Agenda by contacting either the Mayor or the City 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 mm.
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,
as much lead time as possible. Please notify the City of your need
Thursday preceding the meeting by calling: 503-639-4171, x309
2772 (TDD - Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
it is important to allow
by 5:00 p.m. on the
(voice) or 503-684-
COUNCIL AGENDA - May 14, 2002 page 1
AGENDA
TIGARD CITY COUNCIL MEETING
May 14, 2002
6:30 PM
STUDY SESSION
> Discussion of Fixed Asset Policy (Also see Consent Agenda Item 4.3)
Finance Staff
> Gar-ant PregFam Item postponed
m Administration Staff
® 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 the applicable statute. All discussions are confidential and those present may
disclose nothing from the Session. Representatives of the news media are allowed to
attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any
information discussed. 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.
7:30 PM
1. BUSINESS MEETING
1.1 Call to Order - City Council 81 Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications 81 Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
Add Item 10.1 - Consider Request from Tigard Recreation Association
7:35 PM
2. VISITOR'S AGENDA (Two Minutes or Less, Please)
• Tigard High School Student Envoy Nathan Leamy
> Consideration of Resolution Acknowledging Nathan Leamy - Resolution No.
02-30
7:40 PM
3. PROCLAMATIONS
3.1 PROCLAIM WEEK OF MAY 19-25, 2002, EMERGENCY MEDICAL
SERVICES WEEK (Representatives from Metro West Ambulance will present a
plaque to the City)
3.2 PROCLAIM WEEK OF MAY 19-25, 2002, AS SAVE A LIFE WEEK
Mayor
COUNCIL AGENDA - May 14, 2002 page 2
7:45 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 Council Minutes for March 19, 26, April 9, 16 and 23, 2002
4.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
4.3 Adopt a Revised Fixed Asset Policy - Resolution No. 02-31
4.4 Approve City Manager's Contract
4.5 Authorize the Mayor to Sign an Agreement Accepting $140,400 in
Community Development Block Grant Funds to Develop a New Neighborhood
Park on City Property Along Bonita Road
Consent Agenda - Items Removed for Separate Discussion: Any items requested
to be removed from the Consent Agenda for separate discussion will be considered
immediately after the Council has voted on those items which do not need
discussion.
7:50 PM
5. PUBLIC HEARING (QUASI-JUDICIAL) - ZONE CHANGE ANNEXATION (ZCA)
2002-00001 FERN STREET ANNEXATION
The applicant is requesting to annex two (2) parcels into the City of Tigard.
However, the City of Tigard finds it appropriate to consider annexing three (3)
additional parcels for a total of five (5) parcels consisting of 9.68 acres.
LOCATION: 13998, 14040, 14050, 14125 and 14445 SW Fern Street;
WCTM 2S104BC, Tax Lots 2400, 2200, 2100, 700 and 1000. ZONE: R-7:
Medium-Density Residential District. The R-7 zoning district is designed to
accommodate attached single-family homes, detached single-family homes with or
without accessory residential units, at a minimum lot size of 5,000 square feet,
and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks
and subdivisions are also permitted outright. Some civic and institutional uses are
also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval
standards for annexations are set out in Community Development Code Chapters
18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222;
and Metro Code Chapter 3.09.
a. Open Public Hearing •
b. Declarations or Challenges
Do any members of Council wish to report any ex pane contact or
information gained outside the hearing, including any site visits?
COUNCIL AGENDA -May 14, 2002 page 3
Have all members familiarized themselves with the application?
Are there any challenges from the audience pertaining to the Council's
jurisdiction to hear this matter or Is there a challenge on the
participation of any member of the Council?
C. Staff Report: Community Development Department
d. Public Testimony
For all those wishing to testify, please be aware that failure to raise an issue
accompanied by statements or evidence sufficient to afford the Council and
parties an opportunity to respond to the Issue will preclude an appeal to the
Land Use Board of Appeals on this issue. Testimony and evidence must be
directed toward the criteria described by staff or other criteria in the plan or
land use regulation which you believe apply to the decision.
Proponents
Opponents
Rebuttal
e. Staff Recommendation
f. Council Questions
g. Close Public Hearing
h. Council Consideration: Ordinance No. 02-17
Councilor.
I move for adoption of the proposed ordinance.
Councilor:
1 second the motion.
Mayor:
Will the City Recorder please read the number and title of the Ordinance.
City Recorder:
(Reads as requested.)
Mayor
Is there any discussion?
Mayor (after
discussion):
Will the City Recorder please conduct a roll-call vote of Council.
City Recorder:
Conducts roll call vote.
Mayor. *Ordinance No. (is approved or fails) by a (unanimous or however
votes were split) vote.
COUNCIL AGENDA - May 14, 2002 page 4
8:05 PM
6. CONSIDER AWARDING ARCHITECTURAL CONCEPTUAL DESIGN SERVICES
FOR A SKATEBOARD PARK FACILITY TO PURKISS ROSE, RSI AND
AUTHORIZE EXPENDITURES FOR INITIAL COSTS OF THE SKATEBOARD
PARK TASK FORCE
0 Staff Report: Public Works Staff
0 Council Consideration: Award Architectural Conceptual Design Services for a
skateboard park facility to Purkiss Rose, RSI, and authorize expenditures for initial
costs of the Skateboard Park Task Force
8:15 PM
7. UPDATE ON LIBRARY'S ANNUAL SUMMER READING PROGRAM
0 Library Staff
8:25 PM
8. FINANCE DEPARTMENT OVERVIEW
0 Finance Staff
8:45 PM
9. COUNCIL LIAISON REPORTS
8:50 PM
10. NON AGENDA ITEMS
10.1 Consider Request from Tigard Recreation Association
9:00 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 the applicable statute. All discussions are confidential and
those present may disclose nothing from the Session. Representatives of the news
media are allowed to attend Executive Sessions, as provided by ORS 192.660(3),
but must not disclose any information discussed. 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.
9:15 PM
12. ADJOURNMENT
1:\AD M\CATHY\CCA\020514. DOC
COUNCIL AGENDA - May 14, 2002 page 5
Agenda Item No. -3. 1
Meeting of ff• Q 8 , D 1
COUNCIL MINUTtb
TIGARD CITY COUNCIL MEETING
May 14, 2002
d STUDY SESSION
Mayor Griffth called the meeting to order at 6:31 p.m.
Council present: Mayor Griffth; Councilors Dirksen, Moore, Patton and Scheckla.
e STUDY SESSION
Fixed asset policy. Finance Director Prosser advised the revision to the policy
is a "housekeeping" matter. This item is on the Consent Agenda for Council
consideration.
Qwest franchise fee payment was received today. Finance Director Prosser
advised the amount was smaller than the usual amount received. He referred
to the fact that Qwest is one of the organizations that will be scheduled for an
audit.
Finance Director Prosser advised that the Municipal Court received (late this
afternoon) the signed order from Washington County authorizing the City of
Tigard Municipal Court to take over some juvenile cases. First of these cases
will likely be heard in late June.
City Manager Monahan advised that Randall Funding 8z Development has
agreed to continue to provide grant research and writing services at no cost to
the City for Fiscal Year 2002-03.
City Manager Monahan referred to the letters and emails received regarding
concerns about the proposed Wall Street Local Improvement District (related
to the proposed new library). After brief discussion Council members agreed
that notices be sent to those who have contacted the City acknowledging
receipt of their correspondence.
Dedication of the Tupling Butterfly Garden will be on Sunday, June 16, at
Cook Park. Mayor Griffith plans to attend. Councilors Dirksen and Moore
indicated they also would try to attend.
COUNCIL MINUTES - May 14, 2002 page 1
• EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:39
p.m. to discuss Labor Negotiatlens, Real Property Transactions, and Current and
Pending Litigation under ORS 192.660(1) (d) (e) and (h).
Executive Session Concluded at 7:10 p.m.
1. BUSINESS MEETING
1.1 Mayor Gr4ffith called the City Council at Local Contract Review Board
Meeting to order at 7:32 p.m.
1.2 Council Present: Mayor Griffith; Councilors Dirksen, Moore, Patton, and
Scheckla
1.3 Pledge of Allegiance
1.4 Council Communications ex Liaison Reports: None
1.5 Call to Council and Staff for Non-Agenda Items
City Manager Monahan noted that the following item would be added to Item
No. 10, Non-Agenda: Item 10.1 - Consider Request from Tigard Recreation
Association
2. VISITOR'S AGENDA
Tigard High School Student Envoy Nathan Leamy distributed a written report of
recent and upcoming events at Tigard High School. A copy of this report is on
file in the City Recorder's office. Mr. Leamy introduced Paul Brems who will
serve as Tigard High School Student Envoy to the City Council next school year.
Motion by Councilor Scheckla, seconded by Councilor Dirksen, to adopt
Resolution No. 02-30.
RESOLUTION NO. 02-30 - A RESOLUTION ACKNOWLEDGING AND
COMMENDING NATHAN LEAMY FOR HIS EFFORTS AS THE TIGARD
HIGH SCHOOL STUDENT ENVOY TO THE CITY OF TIGARD
The resolution was adopted by a unanimous vote of Council present:
Mayor Griffith -
Yes
Councilor Dirksen -
Yes
Councilor Moore -
Yes
Councilor Patton -
Yes
Councilor Scheckla -
Yes
COUNCIL MINUTES - May 14, 2002 page 2
3.
Mayor Griffith urged people to vote. Ballots are due May 21, 2002.
PROCLAMATIONS - Mayor Griffith proclaimed the following:
3.1 WEEK OF MAY 19-25, 2002, EMERGENCY MEDICAL SERVICES
WEEK A representative from Metro West Ambulance presented a plaque to
the City of Tigard Council recognizing the Council for its support of
emergency medical services personnel in the City of Tigard. Council also
received an invitation to the EMS Week Barbecue on Wednesday, May 22,
2002, in Hillsboro, Oregon.
4.
3.2 PROCLAIM WEEK OF MAY 19-25, 2002, AS SAVE A LIFE WEEK
CONSENT AGENDA: Motion by Councilor Patton, seconded by Councilor Dirksen,
to adopt the Consent Agenda as follows:
4.1 Approve Council Minutes for March 19, 26, April 9, 16 and 23, 2002
4.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
4.3 Adopt a Revised Fixed Asset Policy - Resolution No. 02-31
4.4 Approve City Manager's Contract
4.5 Authorize the Mayor to Sign an Agreement Accepting $140,400 in
Community Development Block Grant Funds to Develop a New
Neighborhood Park on City Property Along Bonita Road
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
5.
PUBLIC HEARING (QUASI-JUDICIAL) - ZONE CHANGE ANNEXATION
(ZCA) 2002-00001 FERN STREET ANNEXATION
The applicant is requesting to annex two (2) parcels into the City of Tigard.
However, the City of Tigard finds it appropriate to consider annexing three (3)
additional parcels for a total of five (5) parcels consisting of 9.68 acres.
COUNCIL MINUTES - May 14, 2002 page 3
LOCATION: 13998, 14040, 14050, 14125 and 14445 SW Fern Street;
WCTM 2S104BC, Tax Lots 2400, 2200, 2100, 700 and 1000. ZONE: R-7:
Medium-Density Residential District. The R-7 zoning district is designed to
accommodate attached single-family homes, detached single-family homes with or
without accessory residential units, at a minimum lot size of 5,000 square feet,
and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks
and subdivisions are also permitted outright. Some civic and Institutional uses are
also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval
standards for annexations are set out in Community Development Code Chapters
18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222;
and Metro Code Chapter 3.09.
a. Mayor Griffith opened the public hearing.
b. Declarations or Challenges - Mayor Griffith asked the following questions:
Do any members of Council wish to report any ex parte contact or
information gained outside the hearing, including any site visits? None
reported.
Have all members familiarized themselves with the application? All
Council members Indicated they were familiar with the applications.
Are there any challenges from the audience pertaining to the Council's
jurisdiction to hear this matter or is there a challenge on the
participation of any member of the Council? There were no
challenges.
C. Staff Report: Community Development Director Hendryx introduced this
agenda item and Assistant Planner Matt Scheidegger presented the staff report.
A copy of the staff report is on file in the City Recorder's office.
d. Public Testimony:
Mayor Griffith read the following statement:
- For all those wishing to testify, please be aware that failure to raise an issue
accompanied by statements or evidence sufficlent to afford the Council and
parties an opportunity to respond to the issue will preclude an appeal to the
Land Use Board of Appeals on this issue. Testimony and evidence must be
directed toward the criteria described by staff or other criteria in the plan or
land use regulation which you believe apply to the decision.
• Gretchen Buehner, 13249 SW 1361' Place, Tigard, Oregon urged Council
to annex the entire area and avoid creating islands.
COUNCIL MINUTES -May 14, 2002 page 4
Paul Hoffman, 13985 SW Fern Street, Tigard, Oregon requested
clarification on how an island is created and how notification is sent to
nearby property owners. Mr. Scheldegger advised that property owners
within 500 feet of the proposed area are notified; notification
requirements were met. Mr. Hendryx confirmed that an island was created
at the time the Pacific Crest area was annexed to the City. Mr. Hoffman
said he'd prefer to stay in the County because the County was more
flexible in regulations for development (i.e., citing Tigard's ordinances
regulating trees).
John Lewis, 13990 SW Fern Street, Tigard, Oregon also questioned
notification process and said he'd prefer to stay in the County as well. Mr.
Lewis questioned whether a property owner (Mr. Noland) cited in the
proposed Option 2 had been notified of the hearing. Mr. Noland's .46-
acre parcel of property was identified as an island among the five other
parcels being considered for annexation. Staff confirmed that notification
requirements, including mailings and posting of the property had been
done. Mr. Lewis advised he didn't think a mailing was adequate notice and
said he had not seen the posted notices on the property.
Mr. Rich Degroot, 13058 SW Oxalls, Tigard, Oregon advised he saw the
a notice posted on the property, but that he thought it was only there for
about a day.
e. Staff recommended annexation (option 2) of six parcels, approximately 12.32
acres, through means of a double majority. (This includes the .46 acre
parcel.)
f. Councilor Patton said that the notices on properties advising of hearings should
be checked periodically. Mr. Scheldegger confirmed that more than one
notification to property owners occurs. Councilor Patton commented that
except for one property, the parcels under consideration for annexation were
not initiated by the City, but were being considered for annexaton at the
property owner' request. The property owner that did not request
annexation was notified more than once about this hearing. Other comments
from Council member were in agreement with Councilor Patton.
g. Mayor Griffith closed the public hearing.
COUNCIL MINUTES - May 14, 2002 page 5
h. Motion by Councilor Moore, seconded by Councilor Patton, to adopt
Ordinance No. 02-17.
ORDINANCE NO. 02-17 - AN ORDINANCE ADOPTING FINDINGS
AND CONCLUSIONS TO APPROVE AN ANNEXATION (ZCA) 2002-
00001/FERN STREET ANNEXATION AND WITHDRAWING PROPERTY
FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY
ENHANCED SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY
URBAN ROADS MAINTENANCE DISTRICT, WASHINGTON COUNTY
STREET LIGHTING DISTRICT #1, AND THE WASHINGTON COUNTY
VECTOR CONTROL DISTRICT.
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
6. CONSIDER AWARDING ARCHITECTURAL CONCEPTUAL DESIGN SERVICES
FOR A SKATEBOARD PARK FACILITY TO PURKISS ROSE, RSI AND
AUTHORIZE EXPENDITURES FOR INITIAL COSTS OF THE SKATEBOARD
PARK TASK FORCE
Public Works Director Wegner introduced this agenda item and Parks Manager Dan
Plaza presented the staff report, which is on file in the City Recorder's office. Mr.
Plaza reported on the numerous subcommittee meetings that have occurred. He
recounted that Task Force representatives met with the Council on January 15,
2002, during a workshop meeting. At this workshop meeting, the Council indicated
it would support up to $20,000 in seed money for architectural design services and
to cover some of the initial costs of the Task Force. Mr. Plaza advised that Requests
for Proposals (RFPs) were issued and five responses were received. Staff
recommended that the conceptual design services contract be awarded to Purkiss
Rose, RSI. There was discussion on the review of potential sites including a utility site,
a school site, and a park site. Mr. Plaza thanked the Council for its support of the
Task Force.
Motion by Councilor Moore, seconded by Councilor Dirksen, to award the contract
to Purkiss Rose, RSI, and to authorize the City Manager to sign the contract.
COUNCIL MINUTES - May 14, 2002 page 6
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
7.
8.
9.
10.
UPDATE ON LIBRARY'S ANNUAL SUMMER READING PROGRAM
Library Director Margaret Barnes presented the staff report, which is on fife in the
City Recorder's office. The goal of the Summer Reading program is to have families
use the library and to encourage children to read for recreation during the summer.
The theme this year is "Don't Bug Me I'm Reading." The children's and teen
programs will begin on June 17 and continue to August 3.
FINANCE DEPARTMENT OVERVIEW
Finance Director presented a PowerPoint presentation to the Council, which is on file
in the City Recorder's office. Finance operations include: Administration, Financial
Operations, Utility Billing, Accounting 6z Financial Reporting, Administrative
Services, and Municipal Court.
COUNCIL LIAISON REPORTS: None
NON AGENDA ITEMS
10.1 Consider Request from Tigard Recreation Association
City Manager Monahan reviewed the staff report outlining the request of the
Tigard Recreation Association for waiver of a park fee for a children's concert
on August 20.
Motion by Council Moore, seconded by Councilor Patton to waive the $43
park fee as requested.
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
COUNCIL MINUTES -May 14, 2002 page 7
11. EXECUTIVE SESSION: Not held.
12. ADJOURNMENT: 8:50 p.m.
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COUNCIL MINUTES -May 14, 2002 page 8
COMMUNITY NEWSPAPERS
P.O. BOX 370 PHONE (503)884-0360
BEAVERTON, OREGON 97075
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13125 STI Hall Blvd.
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CITY OF TIGARD, OREGON
AFFIDAVIT OF POSTING
In the Matter of the )Proposed
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, /0 I 'a v2. ex M • ~ 'O 2e -Z begin first duly sworn, on oath,
depose and say:
That I posted in the following public and conspicuous places, a copy of Ordinance
Number (s) t*" Z6i~'1'1-74 C' -e 1 70 , R06 -2 - / ^7
which were adopted at the Council Meeting dated
S - / vz oo P- copy(s)
of said ordinance(s) being hereto attached and by reference made a part hereof, on the _
r l {.Y- - day of l , 20 Q
1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon
2. Tigard Library, 13125 SW Hall Blvd., Tigard, Oregon
3. Tigard Water Department, 8777 SW Burnham, Tigard, Oregon
Subscribed and sworn to before me this day of , 20 ~ ~ .
OFFICIAL SEAL Notary Public for Oregon
D L WISE
NOTARY PUBUC•OREGON ~J, a O~
COMMISSION NO. 320682 My Commission Expires: V 3
MY COMMISSION EXPIRES FEB. 11, 2oo3
CITY OF TIGARD, OREGON Attachment 2
(Option #2)
ORDINANCE NO.2002-_
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN
ANNEXATION (ZCA) 2002-00001/FERN STREET ANNEXATION AND WITHDRAWING
PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED
SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY URBAN ROADS MAINTENANCE
DISTRICT, WASHINGTON COUNTY STREET LIGHTING DISTRICT #1, AND THE
WASHINGTON COUNTY VECTOR CONTROL DISTRICT.
WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(B) and 222.170 to initiate an annexation
upon receiving consent in writing from a majority of the electors registered in the territory proposed to be
annexed and written consent from owners of more than half the land in the territory proposed to be
annexed; and
WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties
which currently lie within the boundary of the Tigard Water District, the Washington County Enhanced
Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street
Lighting District #1, and the Washington County Vector Control District upon completion of the
annexation; and
WHEREAS, the Tigard City Council held a public hearing on May 14, 2002 to consider the annexation of
six (6) parcels of land consisting of 12.32 acres and withdrawal of said property from the Tigard Water
District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector
Control District; and
WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt
obligations, however, in this instance the Water District has no debt for the City to assume, therefore, no
option regarding the assumption of debt needs to be made; and
WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a
public hearing on the issue of the annexation into the City and withdrawal of the annexed property from the
Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District on May 14, 2002; and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from
the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District by Ordinance; and
WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed
to the City zoning most closely conforming to the County zoning; and
WHEREAS, the current and proposed zoning district is R-7, therefore, no zone change is necessary; and
ORDINANCE NO. 2002 ZCA2002-00001 Fern Street Annexation
Pagel of 2
WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has
been reviewed for compliance with the Tigard Community Development Code and the Comprehensive
Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and
WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined
that withdrawal of the annexed properties from the applicable service districts is in the best interest of the
City of Tigard.
NOW9 THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the parcels described in the attached Exhibit "A"
and shown in Exhibit "B" and withdraws said parcels from the Tigard Water District, the
Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads'
Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District.
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the
Mayor and posting by the City Recorder.
SECTION 3: The City Recorder is hereby directed to file certified copies of the Ordinance with Metro for
administrative processing.
SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the
Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District shall be the effective date of this annexation.
SECTION 5: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the
Tigard Water District shall be July 1, 2003.
SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with the
Secretary of State.
PASSED: By 1,1 nG t)''iMD US vote of all Council members present after being read by number and
title only, this 1.44 H' day of 2002.
a erine Wheatley, City Recorder
APPROVED: By Tigard City Council this day of 2002.
es E. Gri&th~_,_Aff
Approved as to form:
Attorney Date
ORDINANCE NO.2002-~Z
Page 2 of 2
ZCA2002-00601 Fem Street Aimexation
WIN W
ANNEXATION DESCRIPTION
(ZCA2002-00001/FERN STREETANNEXATION)
(Option #2)
A tract of land situated in the Northwest One-quarter of Section 4 Township 2 South,
Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon
described as follows:
Beginning at the Northwest Corner of lot 22 Handy Acres as recorded in Book 10 Page
31 of the Washington County Subdivision records; thence S 00° 42' 58" W, along the
west line of lot 22, a distance of 905.12 feet to the Southwest comer of lot 22; thence N
89° 43' 30" E; a long the south line of lots 22&23 Handy Acres, a distance of 340.00 feet
to the Southeast comer of lot 23; thence N 00° 42' 58" E, along the east line of lot 23, a
distance of 474.84 feet; thence N 89° 17' 49" W a distance of 20.39 feet; thence N 14°
44' 11" E a distance of 87.71 feet to a point of curve of a curve to the left; thence along
said curve to the left with a radius of 125.00 feet, a delta of 14° 02' 00", (a chord which
bears N 7° 43' 11" E 30.54 feet) and a length of 30.62 feet to a point of tangency; thence
N 000 42' 11" E a distance of 143.64 feet to a point of curve of a curve to the right:
ther_ce along said curve to the right with a radius of 25.00 feet, a delta of 111 ` 47' 35", (a
chord which bears N 56° 35' 59" E, 41.40 feet) and a length of 48.78 feet to the southerly
right-of-way of SW Fern Street; thence S 67° 30' 14" E, along said right-of-way, a
distance of 170.53 feet to a point of curve of a curve to the left; thence along said curve
to the left with a radius of 741.25 feet, a delta of 12° 46' 29" (a chord which bears S 73°
53' 28" E, 164.93 feet) and a length of 165.27 feet to the Northeast corner of lot 25
Handy Acres and the Northeast corner of Tract "E" Hillshire Woods; thence N 00° 42'
57" E, leaving said southerly right of way, a distance of 50.67 feet to the northerly right-
of-way of SW Fern Street, to the Southeast corner of lot 6 Handy Acres and a point of on
a cune to the right; thence along said curve to the right with a radius of 691.25 feet, a
delta if 12° 07' 02" (a chord that be irs N 73° 33' 45" W, 145.92 feet) and a length of
140.19 feet; thence N 67° 30' 14" NV, along said northerly right-of-way, a distance of
485.68 feet to the point of curvature of a curve to the left; thence along said curve to the
left with a radius of 383.12 feet, a delta of 30° 52' 44" (a chord that bears S 87° 27' 25"
E, 261.48 feet) and a length of 266.85 feet to the Southeast corner of lot 11 Handy Acres;
thence 1`1 00° 42' 49" E, along the east line of said lot 11, a distance of 381.19 feet to the
Northeast corner of said lot 11; thence S 89° 30' W a distance of 170.01 feet to the
Northwest corner of said lot 11; thence S 00° 42' 53" W a distance of 490.37 abet to the
Southwest comer of said lot 11 and a point on a curve to the left; thence along said curve
to the lcft with a radius of 383.12 feet, a delta of 3° 32' 40" (a chord that bears S 39° 48'
43" W, 23.70) and a length of 23.70 feet to a point of reversing curve of a curve to the
right; thence along said curve to the right with a radius of 333.75 feet, a delta of 51 ° 40'
00" (a chord that bears S 63° 44' 46" W, 290.87 feet) and a length of 300.96 feet to a
point of tangency; thence S 89° 34' 46" W, along said northerly right-of-way, a distance
of 234.72 feet to the Southeast corner of lot 15 Handy Acres; thence N 001 43' 00" E a
distance of 635.82 feet to the Northeast corner of said lot 15; thence S 89° 30' 00" W a
distance of 130.00 feet; thence S 00° 43' 00" W a distance of 685.65 feet to the southerly
right-of-way of SW Fern Street; thence N 89° 34' 46" E, along said southerly right-of-
ANNEXATION DESCRIPTION
(ZCA2002-00001/FERN STREETANNEXATION)
(Option ##2)
way, a distance of 365.71 feet to a point of curve of a curve to the left; thence along said
curve to the left with a radius of 383.75 feet, a delta of 510 40' 00" (a chord that bears N
630 44' 46" E, 334.44 feet) and a length of 346.05 feet to a point of reversing curve to the
right; thence along said curve to the right with a radius of 333.12 feet, a delta of 61* 34'
17" (a chord that bears N 680 34' 17" E, 341.00 feet) and a length of 357.98 feet to the
point of Beginning. - -
Containing 12.32 Acres
MM OEOORAPNIC INFORMATION SYSTEM
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y~ rs~ FERN STREET
ANNEXATION
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City of Tigard
Information on We rnap is for genent location only and
Mould be veered with the Development Services Division.
13125 SW H&I 6ivd
Tigard, OR 97223
(503) 639.1171
httpRh .ci.tigard.or.us
Community Development Plot date: Apr 23, 2002; CAmagic\MAGIC03,APR
AGENDA
TIGARD CITY COUNCIL ADMINISTRATIVE ITEMS FOR REVIEW
MAV 1A 9M9
• u s ■ • • ~rvv~.
The Study Session is held In the Red Rock Creek Conference Room. Enter at the bark of Town Hall. The
Coundl 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 Session to the Town Hall.
Executive Session
The Tigard City. Council will go into Executive Session to discuss Labor Negotiations,
Real Property Transactions, and Current and Pending Litigation under ORS
192.660(1) (d) (e) and (h). All discussions are confidential and those present may
disclose nothing from the Session. Representatives of the news media are allowed to
attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any
Information discussed. 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.
• Study Session
Discussion of Fixed Asset Policy (Also see Consent Agenda Item 4.3)
Finance Staff
Administrative Items
Memorandum from Liz Newton to Mayor at Council regarding Randall Funding ez
Development Grant Services
Review - Letters, a-mails received on the potential Wall Street Local Improvement
District
➢ 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 defined 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 (1) (a) -
Employment of public officers, employees and agents,
if the body has satisfied certain prerequisites.
192.660 (1) (b) -
Discipline of public officers and employees (unless affected person requests
to have an open hearing).
192.660(l) (c) -
To consider matters pertaining to medical staff of a public hospital.
192.660(l) (d) -
Labor negotiations. (News media can be excluded in this Instance.)
192.660(l) (e) -
Real property transaction negotiations.
192.660(l) (0-
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(l) (g) -
Trade negotiations - Involving matters of trade or commerce In which the
192.660(l) (h) -
governing body is competing with other governing bodies.
Legal counsel - Executive session are appropriate for consultation with
counsel concerning legal rights and duties regarding current litigation or
litigation likely to be flied.
192.660(l) (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 of cer, 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 (1) 0) -
.
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 (1) (k)-
Relates to health professional regulatory board.
I:IA7MNCATHIA000NCILICCLIST1020514.DOCI:1ADMNCATHYICOUNCIL\CCLISTW20514.DOC
CITY OF TIGARD, OREGON
TO: Honorable Mayor and City Council Members
FROM: Liz Newton
DATE: May 13, 2002
SUBJECT: Randall Funding and Development Grant Services
Randall Funding and Development noted me on Friday May 10 that they will continue
providing services to the city at no coot for the 2002-03 fiscal year. Specifically, Randall will
continue to provide weekly grant alerts and will provide grant research and writing of
foundation, competitive and non-competitive grants as requested by the city in letters of
authorization.
A copy of a letter from Dan Randall confirming their commitment is attached.
aft
1:1ADMLLRWANDALL GRANT SERVICESCONTINUED SERVICE 2002.03.130C
MAY-10-2002 10:22A FROM:
RANDALL FUNDING & DEVELOPMENT, INC.
Three Harbor
May 10, 2002
Liz Newton
Assistant to City Manager
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
Dear Liz:
TO:15036847297 P:2
Suite 315. Sausalito, California 94965
one 415.289.1420 - Fax 415.289.1430
I really appreciated our discussion yesterday. I want to reassur' you and your associates
in Tigard that Randall Funding & Development intends to con ue to provide you with
grant research and writing services in all grant areas including on-competitive grants
with the objective of successfully securing a healthy level of f ding.
We understand that this relationship may not have been suited o produce the desired
funding within the first 12 months. However, there are many u coming opportunities
and while Tigard's funding desires have been relatively narrow! in the past, I am
confident we will be able to achieve success. I
It is our sincere desire that both yourself and your associates h've a positive and good
feeling about the actions of our relationship. We are committ3 to this goal.
Set out below you will fund the areas of our discussion, which hope you will find
acceptable.
• Contractor will continue to provide Weekly Grant's Alert to City in FY 2002-03
e Contractor will provide grant research and writing of Mundati.on, competitive and
non-competitive grants in FY 2002-03 as requested by f
City in letters of
e
authorization All of these services will be provided at no cost to the City of
Again thank you very much for your cooperation. Until we
Most sincerely,
Dani J. Randall
Chairman
again,
fly
AGENDA ITEM NO.2 - VISITOR'S AGENDA DATE : MAY 14, 2002
(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
VISITOR'S AGENDA
Page 1
Slly ba `/r5fi~~~
Tigard High Leadership
9000 SW Durham Road . Tigard . Oregon • 97224
(503) 431-5518 . FAX (503) 431-5410 • http://ths.ttsd.kl2.or.us/leadership/home.html
thsprez@hotmail.com
• May 6 h - 10`h:
Teacher Appreciation Week - Students give thanks to a years worth of
direction in the classroom through various events including TeacherGrams and a Luau.
• May 15a':
Sober Grad Assembly
• May 17a':
Festival of One Acts - Deb Fennel Auditorium 7:30pm
• May 18'':
Prom - World Trade Center 8:00pm
• May 21":
Guitar Concert - Deb Fennel Auditorium 7:30pm
• May 23d:
Final Band Concert - Deb Fennel Auditorium 6:00pm
• May 29`h:
Elementary Teachers Breakfast - Seniors are given a chance to rekindle a
relationship with their teachers over breakfast at lam in the Cafeteria.
Leadership Awards Night - Deb Fennel Auditorium 7pm
• May 30'x':
Choir Awards Concert - Deb Fennel Auditorium 6pm
• June 3`d:
Senior Awards Night - Deb Fennel Auditorium 7:30pm
• June 4a':
Advanced Theatre Showcase - Deb Fennel Auditorium 7:30pm
• June 6"':
Theatre I and 11 Showcase - Deb Fennel Auditorium 7:30pm
• June 7`h:
Graduation 7:30pm
• June 13a':
Last day of school for all students
"Together we can succeed...
by connecting the dots. "
THS Leadership 101 e'02 Missla?n Rage!
AGENDA ITEM # oZ
FOR AGENDA OF May 14.2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Acknowledge and Commend Nathan Leamy for his Efforts as the Tigard High
School Student Envoy to the Ci of Tigard
PREPARED BY C. Wheatley DEPT HEAD OK L1~ CITY MGR OK GWO-1--
ISSUE BEFORE THE COUNCIL
Should the Council acknowledge and commend Nathan Leamy for his efforts as the Tigard High School Student
Envoy to the City of Tigard?
STAFF RECOMMENDATION
Adopt the proposed resolution.
INFORMATION SUMMARY
Mr. Nathan Leamy of the Tigard High School has served as the School Envoy to the City of Tigard for the past
school year. Mr. Leamy has given the City Council timely and informative updates about student activities. Many
of these activities included students' efforts to help community members in need. Mr. Leamy's reports have given
the community a glimpse of the positive activities by students.
This is an opportunity for the Council to acknowledge Mr. Leamy for his exemplary service and to wish him health,
success, and prosperity upon his graduation from Tigard High School and embarking upon his college career.
OTHER ALTERNATIVES CONSIDERED
N/A
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Two target areas benefit from the Student Envoy Program:
1. Community Character & Quality of Life
Communication Goal: Citizen involvement opportunities will be maximized by providing educational
programs on process, assuring accessibility to information in a variety of formats, providing opportunities
for input on community issues and establishing and maintaining a program of effective two-way
communication.
2. Schools & Education
Two-Way Communication Goal: School district ensures effective two-way communication to the entire
community by regularly providing information about school-related issues.
ATTACHMENT LIST
Proposed Resolution
FISCAL NOTES
N/A
IM MPACKET'02X20020514\3 IEAMY AIS.DOC
Agenda IteI
Meeting of 2'. a
e R
T1 N
Emergency Medical Services Week
WHEREAS, emergency medical services are a vital public service; and
WHEREAS, the members of emergency medical services teams are ready to provide life-
saving care to those in need 24 hours a day, seven days a week; and
WHEREAS, access to quality emergency care dramatically improves the survival and recovery
rate of those who experience sydden illness or injury; and
,y.
WHEREAS, emergency medical services teams consist of emergency physicians, emergency
nurses, emergency medical technicians, paramedics, firefighters, educators, administrators and
others; and
WHEREAS, Americans benefit daily from the knowledge and skills of these highly trained
individuals; and
WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency
medical services providers by designating Emergency Medical Services Week; and
WHEREAS, Injury prevention and appropriate use of the EMS system will help reduce
national health care costs.
NOW THEREFORE BE IT RESOLVED THAT 1, )1m Griffith, Mayor of the City of
Tigard, Oregon, do hereby proclaim the
Week of May 19 - 25, 2002
Emergency Medical Services Week
in Tigard, Oregon and encourage our citizens, businesses and organizations to observe this
week with appropriate programs, ceremonies and activities.
Dated this day of 2002.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of
Tigard to be affixed.
)im Griffith, Mayor
City of Tigard
Attest:
City Recorder
s
S
l
Agenda Item No. d
Meeting of
e
P21
K AM 0CLAMAIrION
N
Save A Life Week
WHEREAS, Save a Life Foundation's Mission is to heighten public awareness and train
Individuals in Basic Life Saving techniques for emergency situations, and
WHEREAS, the administration of Basic Life Saving techniques, Including Cardiopulmonary-
Resuscitation (CPR) and Automatic External Defibriiladon (AED), helps to maintain life until
professionals arrive, thus significantly reducing deaths and disabling Injuries, and
WHEREAS, Save A Life Foundation, in conjunction with Fire/Police/Emergency Medical
Services Professionals, institutes the training of Basic Life Saving First Aid techniques to school
age children and adults.
NOW THEREFORE RE IT RESOLVED THAT I, Jim Griffith, Mayor of the City of
Tigard, Oregon, do hereby proclaim the
Week of May 19 - 25, 2002 as
Save A Life Week
In Tigard, Oregon and encourage our citizens, businesses and organizations to observe this
week with appropriate programs, ceremonies and activities.
Dated this day of , 2002.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of
Tigard to be affixed.
Jim Griffith, Mayor
City of Tigard
Attest:
City Recorder
d
AGENDA ITEM # c~ CL
FOR AGENDA OF May 14.2002
MEMORANDUM
CITY OF TIGARD, OREGON
TO:
Mayor and Council
FROM:
Greer Gaston
DATE:
May 9, 2002
SUBJECT:
Three Month Council Calendar
Regularly scheduled Council Meetings are marked with an asterisk
May
6 Mon
Special Meeting - 5:30 p.m.
Water Building Auditorium
Budget Committee Meeting - 6:00 p.m.
Water Building Auditorium
13 Mon
Budget Committee Meeting - 6:00 p.m.
Water Building Auditorium
14 * Tues
Council Meeting - 6:30 p.m.
Business Meeting with Study Session
20 Mon
Budget Committee Meeting - 6:00 p.m.
Water Building Auditorium
21 Tues
Council Workshop Meeting - 6:30 p.m.
27 Mon
Memorial Day Holiday - City Offices Closed
28 * Tues
Council Meeting - 6:30 p.m.
Business Meeting with Study Session
June
11 Tues Council Meeting - 6:30 p.m.
Business Meeting with Study Session
18 " Tues Council Workshop Meeting - 6:30 p.m.
25 * Tues Council Meeting - 6:30 p.m.
Business Meeting with Study Session
July
4 Thurs July 4t' Holiday - City Offices Closed
9 Tues Council Meeting - 6:30 p.m.
Business Meeting with Study Session
16 * Tues Council Workshop Meeting - 6:30 p.m.
23 * Tues Council Meeting - 6:30 p.m.
Business Meeting with Study Session
I:WDMIGREER\CITY COUNCIL%3 MONTH CALENDAR.DOC
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AGENDA ITEM # 4 - 3
FOR AGENDA OF May 14, 2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Adoption of a Revised Fixed Asset Policy
PREPARED BY: Tom Imdieke DEPT HEAD OK CITY MGR OK _141p'
ISSUE BEFORE THE COUNCIL
Shall the City Council adopt a revised Fixed Asset Policy to go into effect July 1, 2002 that would raise the
capitalization threshold from $2,500 to $5,000.
STAFF RECOMMENDATION
Staff recommends adoption of a revised Fixed Asset Policy to assist in implementation of a new governmental
reporting standard, Governmental Accounting Standards Board (GASB) Statement No. 34.
INFORMATION SUMMARY
The purpose of a fixed asset policy is to set guidelines for tracking and controlling the City's capital assets. The
policy defines what a fixed asset is and describes the categories in how they are tracked, i.e., Land, Buildings,
Vehicles, Office Equipment, and Operation Machinery & Equipment. It outlines the complete procedure of
recording fixed assets starting when the item(s) are purchased to the deletion and disposing of surplus City
property. The current City policy was formalized and adopted in January, 2000. Before then, the City had been
using an internal procedure that was in place since the early 1990's.
In 1999, the Governmental Accounting Standards Board issued Statement No. 34 which established a whole new
financial reporting framework and reporting model that impacts how fixed assets are recorded and reported. This
new model has significant impact on the extent of how local governments will be required to report capital assets
on their financial statements. The new model will even require that governments report general infrastructure
assets that were previously not included in governmental financial statements.
Soon after the issuance of the new reporting standard, the Government Finance Officers Association (GFOA)
adopted a recommended practice that advised governments of all sizes not to establish capitalization thresholds of
less than $5,000. The City's current capitalization threshold is $2,500. By adopting the recommended GFOA
recommended practice, the City can reduce the cost of complying with the new capital asset reporting model and
not adversely affect the quality of the City financial reporting. A "red-lined" copy of the existing policy is attached
indicating the change to $5,000.
The City will be required to meet the new reporting standard by June 30, 2003.
OTHER ALTERNATIVES CONSIDERED
N/A
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACMiENT LIST
Resolution to adopt a revised Fixed Asset Policy and Exhibit A.
FISCAL NOTES
No fiscal impact.
AGENDA ITEM # 44,
FOR AGENDA OF May 14, 2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Council Consideration of City Manager's Contract
PREPARED BY: William A. Monahan DEPT HEAD OK CITY MGR OK [1UA7v"
ISSUE BEFORE THE COUNCIL
Shall the City Council renew the City Manager's contract for a term of four years from May 15, 2002 through
May 15, 2006 accepting the terms included in the Employment Agreement prepared by the City Attorney?
STAFF RECOMMENDATION
Staff recommends that the Council review the terms of the Employment Agreement and determine if the City
Manager should be granted a new contract for a four-year term.
INFORMATION SUMMARY
The City Council entered into an Employment Agreement with the City Manager in February, 1998, which
provided for a four-year term through May 15, 2002. Annually the City Council conducts a performance review of
the Manager and determines what changes, if any, are needed to the Agreement and the Manager's compensation.
The annual review of the Manager was conducted in April with the Council deciding to enter into a new Agreement
for an additional four-year term. The City Attorney was directed to review the contract and prepare an updated
agreement incorporating salary adjustments made during the life of the Agreement and adding the terms of the
Addendum agreed to in July, 2001, and any changes deemed necessary to insure the legality of the Agreement.
The City Attorney has prepared an Agreement with a term from May 15, 2002 through May 15, 2006 which is
before the City Council for consideration.
OTHER ALTERNATIVES CONSIDERED
Do not consider a new Employment Agreement for the City Manager.
NA
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
ATTACHMENT LIST
Proposed Employment Agreement with the City Manager.
FISCAL NOTES
The salary and benefits of the City Manager position are budgeted under the existing city budget. Any changes
to the salary and benefit package of the City Manager will be determined through the City budget process
during the life of the Agreement.
IMOM\PACKET'02\20020514\04.4 CITY MANAGER'S CONTRACTAIS.000
Agenda Item No.:
4.4
Meeting of: May 14, 2002
City Manager's Contract
will be available in hard copy by Tuesday, May 7, 2002
Contact the City Recorder's Office at 503-639-4171
for more information
S ~ G 1~ p c! C:e~Lck~
Agenda Item No.
u Meeting of
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT is made and entered into this 14th day of May,
2002, by and between the CITY OF TIGARD, OREGON ("CITY") and WILLIAM A.
MONAHAN ("EMPLOYEE").
RECITALS
A. EMPLOYEE has been employed as the City Manager of CITY since November
15, 1994, and had previously worked for the City in other capacities from August
2, 1982 to January 31, 1988 and from August 1, 1994 to November 14, 1994.
B. The current written employment agreement between CITY and EMPLOYEE will
expire soon and CITY and EMPLOYEE desire a written agreement setting forth
the terms by which EMPLOYEE will continue to serve as City Manager.
C. The written employment agreement is intended to create a professional and
business-like relationship serving as a basis for effective communication and as a
means for avoiding misunderstanding.
D. By not having to worry about personal finances or family security, the
EMPLOYEE can effectively concentrate on the CITY'S business;
THEREFORE, in consideration of the mutual covenants contained in this Agreement and
for the consideration specified in this Agreement, the CITY and EMPLOYEE mutually agree:
SECTION 1 - EMPLOYMENT, DUTIES AND AUTHORITY:
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE 1
A. EMPLOYEE shall continue to serve the CITY as City Manager under the terms
specified in this Agreement. EMPLOYEE'S prior service as specified in Recital A shall be
recognized in CITY records to establish EMPLOYEE'S years of service for length of service
only.
B. The authority of EMPLOYEE, consistent with State law, City Charter or
ordinance, shall include, but not be limited to the following:
(1) The overall management, administration, and direction of City operations;
(2) The hiring, disciplining, and firing of all City employees, except
Municipal Judge and City Attorney;
(3) The negotiation, execution and administration of City contracts within
budget appropriations pursuant to City policy and ordinance; and
(4) Policy advice to elected officials, and open communication with the
community so as to foster responsive and courteous public service.
Any reduction or revocation of either the duties or authority, except by mutual written agreement
to the contrary, shall constitute a breach of this Agreement. In the event of such a breach,
EMPLOYEE may provide written notice requesting compliance with the Agreement as provided
in Section 3.D.
C. The Mayor and Council of the CITY agree to the principle of non-interference in
the administration as necessary to the orderly and efficient implementation of Council Policy.
The Mayor and Council agree to direct their concerns and communications to the administration
through the City Manager. EMPLOYEE agrees to respond promptly to all inquiries from the
Council whether made individually or collectively.
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE 2
SECTION 2;- TERM:
The term of this Agreement begins on May 16, 2002. This Agreement shall continue in effect
until May 15, 2006 unless terminated as provided for in Section 3.
A. Nothing in the Agreement shall prevent, limit, or otherwise interfere with the right
of the City Council to terminate the services of Employee at any time, subject only to the
provisions set forth in this Agreement.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the EMPLOYEE to resign at any time from his position with the CITY, subject only to the
provisions set forth in this Agreement.
C. EMPLOYEE agrees to remain in the exclusive employ of the CITY during the
term of this Agreement, and agrees neither to accept employment, nor to become employed by
any other employer until said contract tennination date, unless said termination is effected as
hereinafter provided. The term "employed" shall not be construed to include occasional teaching
or consulting on the EMPLOYEE'S time off, which shall be at the EMPLOYEE'S discretion
upon advisement to the Mayor.
SECTION 3- TERMINATION AND SEVERANCE:
A. Termination Without Cause. This Agreement may be terminated by either the
CITY or EMPLOYEE for any reason whatsoever upon the giving of sixty (60) days' written
notice to the other party. In the event EMPLOYEE is involuntarily terminated without cause by
the City Council before expiration of the term of this Agreement and during such time as the
EMPLOYMENT AGREEMENT- WILLIAM MONAHAN
PAGE 3
EMPLOYEE is willing and able to perform the assigned duties, the CITY shall pay EMPLOYEE
on a monthly basis at the EMPLOYEE'S highest rate of base salary during his term of CITY
employment, for a six (6) month period following the termination date. The CITY's obligation
to pay EMPLOYEE severance pay shall cease if and when EMPLOYEE accepts employment
with another City, or another employer, including self-employment, provided, however that
CITY shall pay a pro-rated share of the monthly severance pay until the date EMPLOYEE
accepts other employment, including self-employment. The EMPLOYEE has an affirmative
obligation to notify the City upon acceptance of employment.
B. Termination For Cause. This Agreement may be terminated immediately for
cause in the sole discretion of the City upon the occurrence of any of the following events:
(1) EMPLOYEE willfully and continuously fails or refuses to comply with
the policies, standards, and regulations of the CITY as are, from time to time, established;
(2) EMPLOYEE commits an act of fraud, dishonesty, misappropriation of
funds, embezzlement, or other misconduct in the rendering of services on behalf of the
CITY;
(3) EMPLOYEE fails or refuses to perform faithfully or diligently any of the
provisions of this Agreement;
(4) EMPLOYEE is unfit for the position per Federal, State and City rules and
regulations applicable to all employees in a For-Cause Termination.
If EMPLOYEE is terminated for cause or convicted of any illegal act involving personal
v
gain to him, CITY shall not pay any severance pay to EMPLOYEE.
C. Acts Constituting_InvoluntM Termination. If the CITY reduces the salary or
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE4
other financial benefits of EMPLOYEE in a greater percentage than an applicable across-the-
board reduction for all management employees of the City, or if the CITY refuses to comply
with the terms of this Agreement following written notice requesting compliance, or if
EMPLOYEE resigns following suggestion at a public meeting, whether formal or informal, by a
majority of the City Council that he resign, then EMPLOYEE may, at his option, deem the
Agreement to be involuntarily terminated without cause at the date of such reduction or refusal
to comply with the provisions of this Agreement, and the severance pay provision under
Paragraph A of this section apply.
D. Accrued Vacation on Termination. Termination or resignation in good standing
shall entitle EMPLOYEE to a lump sum payment equivalent to all accrued vacation and other
entitlement benefits, except that in no event will these benefits exceed similar benefits accorded
other management employees.
E. Notice of Resignation. If EMPLOYEE voluntarily resigns his position with the
CITY before expiration of this Agreement, EMPLOYEE shall give the CITY at least sixty (60)
days' written notice, excluding use of accrued vacation, and EMPLOYEE shall be present to
serve during the 60 day period. Aller the EMPLOYEE has given notice, the CITY and
EMPLOYEE may agree to a termination date other than that set forth in the notice of
resignation.
SECTION 4- SALARY, HOURS OF WORK, VACATION AND SICK LEAVE:
A. Sa_ a y. The CITY agrees to pay the EMPLOYEE for his services in an amount set
by the City Council, payable in the same installments and in the same manner as other
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE 5
management employees are paid. The City Council may conduct performance evaluations of
EMPLOYEE as often as the Council deems appropriate and as provided in Section 7 of this
Agreement. The City Council shall review EMPLOYEE annually during the month of April and
may provide an increase in salary based on merit based on that review. The City Council may
award a merit bonus, as it deems appropriate, with a cap of five (5) percent of EMPLOYEE'S
gross wage over the term of this Agreement. Effective May 15, 2002, EMPLOYEE shall be paid
$8,943 per month.
B. Cost-of-Living Adjustments: EMPLOYEE shall receive future cost-of-living
allowances in the same percentage and on the same effective date as other City management
employees.
C. Hours of Work: Because the EMPLOYEE will devote a- great deal of time outside
normal office hours to the business of the CITY, and because flexibility in hours worked and
work schedule benefit both the CITY and EMPLOYEE, the EMPLOYEE has sole discretion as
to his work schedule and hours worked.
D. Vacation: The CITY grants the EMPLOYEE vacation benefits at the rate of
accrual for an employee with 21 years of service as of May 15, 2002. EMPLOYEE is subject to
the same accrual limits as other management employees, to be used as he deems appropriate.
E. Sick Leave: EMPLOYEE shall be entitled to continue to earn and accrue sick
leave benefits on the same terms as other management City employees and that such additional
sick leave shall be added to the sick leave accrued by EMPLOYEE as of the effective date of this
Agreement. EMPLOYEE shall not be eligible to receive any cash or retirement credit for unused
sick leave, even if a benefit allowing the cashing out of unused sick leave, the application of
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE 6
unused sick leave to retirement benefit, or for any other purpose (other than use of the benefit for
approved leave) is made available to other City management employees.
F. Management Leave: EMPLOYEE shall receive a total of five (5) days
management leave per fiscal year, to be taken consistent with city personnel policies as applied
to management employees. The management leave must be taken by June 30 of each fiscal year
and does not accrue into subsequent fiscal years.
G. Payroll Reporting: EMPLOYEE shall be on straight salary as per this section of
the Agreement and shall be paid automatically by the CITY as per this Agreement. Any
vacation or sick leave used shall be reported to the CITY in the same manner as for other CITY
employees.
SECTION 5- RETIREMENT, DISABILITY AND HEALTH INSURANCE:
A. Retirement: The CITY agrees to contribute into the CITY'S retirement program,
on EMPLOYEE'S behalf, an amount equal to that same percentage of salary contributed for the
CITY'S other management employees. EMPLOYEE and CITY agree that any future adjustment
to the retirement benefits of management personnel will apply equally to EMPLOYEE at the
same rate of adjustment, effective date, and adjustment to salary. EMPLOYEE is eligible for
City contribution to his ICMA deferred compensation account on the same terms provided to
other City management employees.
B. Health Insurance: The CITY agrees to provide a comprehensive annual physical
for EMPLOYEE. The CITY agrees to continue to provide coverage and make full premium
payment for EMPLOYEE and his dependants for comprehensive medical Blue Cross Plan II and
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE 7
dental plans equivalent to other programs provided other regular management employees.
C. Life Insurance: CITY will purchase a Life Insurance Policy, the cost of which
shall not exceed $1,000 per year, on EMPLOYEE'S behalf, for a beneficiary to be named by
EMPLOYEE. EMPLOYEE has the right to retain such policy at EMPLOYEE'S expense,
subsequent to tenure as a CITY employee. EMPLOYEE shall have the option of purchasing
Term or Universal Life Insurance. EMPLOYEE may either have the CITY pay the policy
provider directly or compensate EMPLOYEE for the cost of EMPLOYEE's purchasing the Life
Insurance Policy.
SECTION 6 - PROFESSIONAL DEVELOPMENT AND EXPENSES:
A. The CITY encourages the professional growth and development of the
EMPLOYEE and encourages participation as be deems appropriate in professional associations,
short courses, seminars and conferences including, but not limited to: the International City
Management Association and the American Planning Association and their annual conferences,
and the League of Oregon Cities Conference. The CITY shall permit a reasonable amount of
time for EMPLOYEE to attend and the CITY shall pay for the direct costs necessary for travel,
subsistence and registration subject to reasonable availability of funds and as approved in the
annual budget.
B. The CITY shall provide $300 per month vehicle allowance to EMPLOYEE who
shall provide his own vehicle, insurance, operation, and maintenance. EMPLOYEE shall provide
for oil and gasoline within the Portland metro area. CITY shall reimburse for gasoline expenses
on City business outside the Portland Metro area.
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE 8
C. The CITY recognizes that certain expenses of a job-affiliated nature are incurred
by EMPLOYEE on behalf of the CITY and hereby agrees to reimburse or pay said general
expenses on a monthly reimbursement basis, and the CITY shall disburse such moneys per
receipts or personal affidavits. Any civic service club memberships taken out at CITY expense
shall be upon the approval of the Mayor.
SECTION 7 - ANNUAL GOAL-SETTING AND PERFORMANCE EVALUATION:
The Mayor and individual members of the Council shall be encouraged to periodically
identify any concerns to the EMPLOYEE by either informal discussions with the EMPLOYEE
or by more formal means during Council meetings. The Council shall meet with the
EMPLOYEE at least annually for the purpose of setting Council goals and priorities. The
Council and the EMPLOYEE shall meet at least annually to evaluate and assess the performance
of the EMPLOYEE in meeting or progressing towards the goals formally adopted by Council as
well as the exercise of authority granted in Section 1 of this Agreement. These annual
evaluations shall be in closed Executive Sessions and shall be conducted during the month of
April.
In the event the CITY determines that the performance of the EMPLOYEE is
unsatisfactory in any respect or needs significant improvement in any area, the CITY shall
describe these concerns in writing and in reasonable detail or with specific examples so as to be
objective and positive in nature. As provided in Section 4 of this Agreement, the EMPLOYEE'S
salary shall be reviewed at least annually after the performance evaluation.
4
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE9
SECTION 8 - GENERAL PROVISIONS:
A. Professional Liability: The CITY agrees to defend, hold harmless, and indemnify
the EMPLOYEE from any and all demands, claims, suits, actions, and legal proceedings brought
against EMPLOYEE in his individual capacity, or in his official capacity as agent and
EMPLOYEE of the CITY, as to any actions of EMPLOYEE within the scope of his
employment. The CITY agrees to pay premiums on appropriate insurance policies through the
CITY'S normal insurance program and through the Public Officials' Liability Insurance Program
of the International City Management Association.
B. Other Terms and Conditions of employment may be determined by the CITY
relating to-the duties and performance of the EMPLOYEE, provided that such terms and
conditions are not inconsistent with the provisions of this Agreement, the City Charter, or any
other law. EMPLOYEE shall receive benefits equal to those provided to other City Management
employees, except where specifically addressed in this Agreement. Nothing shall restrict the
ability of the CITY and EMPLOYEE to mutually, and in writing, amend or adjust the terms of
the Agreement. EMPLOYEE reserves the right to discuss the terms or termination of this
Agreement with the Council as a whole or in either closed Executive Session or open Regular
Session as State Law allows and as the EMPLOYEE deems appropriate.
C. Except as otherwise specifically provided by this Agreement, the EMPLOYEE
shall be entitled to receive the same salary, compensation, vacation, sick leave, and other benefits
as accorded any other management City employee, including provisions governing accrual and
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE 10
payment therefor on termination of employment. All provisions of the City Charter and other
City programs relating to employee benefits and working conditions as they now exist, or as
amended, shall also apply to the EMPLOYEE as to other unclassified. employees, and are in
addition to any benefits to the EMPLOYEE specifically identified in this Agreement.
D. The EMPLOYEE is required to maintain residence in the City in accordance with
City Code requirements. Temporary relocation circumstances may be approved by the Mayor
and Council consent.
E. The text herein shall constitute the entire agreement between the parties and any
oral or other understandings are not binding upon the parties, unless specifically amended in
writing by mutual agreement. This Agreement shall be binding and inure to the benefit of the
heirs at law and executors of EMPLOYEE.
F. Severability: If any provision, or portion thereof, contained in this Agreement is
held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion
thereof, shall be deemed severable and shall not be affected, and shall remain in full force and
effect.
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE I I
IN WITNESS WHEREOF, the CITY OF TIGARD, OREGON has caused this
Agreement to be signed and executed and the EMPLOYEE has signed and executes: this
Agreement, both in duplicate, on the date first written above.
Mayor - City of Tigard
ATTEST: City Recorder
William A. Monahan, City Employee
APPROVED AS TO FORM
City Attorney
GAmunffigard\monahan employment agreement rev 2002.wpd
I:WDMIBILLWIONAHAN EMPLOYMENT AGREEMENT REV 2002.DOC
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE 12
AGENDA ITEM #
FOR AGENDA OF
ISSUE/AGENDA TITLE
5/14/02
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
P PREPARED BY: D. Roberts. D. Plaza. 01"' DEPT HEAD OK k~a? CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should Council authorize the Mayor to sign an agreement accepting $140,400 in Community Development
Block Grant (CDBG) funds to develop a new neighborhood park on city-owned land located along Bonita
Road?
STAFF RECOMMENDATION
Authorize the Mayor to sign the agreement accepting the grant funds.
INFORMATION SUMMARY
In 1999, Council approved the submittal of a request for CDBG funds to partially finance the development of
a neighborhood park serving the residents of three low-income apartment complexes located along Bonita
Road. The CDBG program operates on a three-year funding cycle. The City recently,was notified that the
City park project has been picked for 02-03 funding. According to the local Community Action Agency
representative who commented on this project: "Children [living in the apartments] play in the parking lots
on a sunny day because they have no other place to go. The families struggle to meet their basic needs. They
are without the resources to provide recreational opportunities for their children. The proposed park would
provide these opportunities and improve the quality of life for these children." The project is identified in the
Tigard Park System Master Plan and in the Tigard Beyond Tomorrow Community Vision.
A copy of the contract has been forwarded to the City Attorney for legal review. The contract is the standard
document used for previous CDBG grant funds awarded to the City.
OTHER ALTERNATIVES CONSIDERED
None considered.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Urban & Public Services Goal #2 "Open space and greenway areas are preserved and protected." Action
Plan includes: "Develop Bonita Park Phase I with CDBG Grant."
ATTACHMENT LIST
q.,5
Attachment #1: Map of proposed park site.
Attachment #2: "Agreement between Washington County and City of Tigard"
FISCAL NOTES
The grant amount is $140,400. The City match includes $35,000 in hard dollars, all of which is included
in the proposed 02-03 budget, and $22,550 in in-kind services.
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AGREEMENT
between
WASHINGTON COUNTY f 5 •O "t
and
CITY OF TIGARD
This Agreement, entered into this day of , 2vv2, L twee~n vvashington
County, a municipality of the State of Oregon (hereinafter referred to as the "County"),
and the City of Tigard, (hereinafter referred to as the "City"):
RECITALS
A. The County is an urban county applicant for Block Grant funds under the Housing
and Community Development Act of 1974 (the Act), 42 USC 301 et seq as
amended, and the National Affordable Housing Act of 1990, and will receive Block
Grant funds for the purpose of carrying out eligible community development and
housing activities under the Acts and under regulations promulgated by the
Department of Housing and Urban Development (HUD) at 24 CFR Part 570;
B. The County and various cities within the County, including the City, have agreed to
cooperate in the undertaking of essential community development and housing
activities;
C. The County desires to have certain services performed by the City as described
within this Agreement for the purpose of implementing eligible activities under the
Act and HUD regulations;
D. It is appropriate and mutually desirable that the City be designated by the County
to undertake the aforementioned eligible activities, so long as the requirements of
the Act, HUD regulations, state law and local law are adhered to, as provided for
herein;
E. The purpose of this Agreement is to provide for the cooperation between the
County and the City, as the parties in this Agreement, in implementing such
eligible activities in the manner described above;
F. The parties are authorized and empowered to enter into this Agreement by ORS
190.010 et seg., by the Constitution of the State of Oregon; and
G. Therefore, in consideration of the payments, covenants, and agreements
hereinafter mentioned and to be made and performed by the parties hereto, the
parties mutually covenant anal agree as provided for in this Agreement.
Ccfnr 4-2002. #4242
Page 1 of 26
CITY
AIAAA 94
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Signature - 64 k- "-1'dt4(
-Maw- anoa
Dat4- 4
APPROVED AS TO FORM
WASHINGTON COUNTY
Chairman, Board of Coun%y
Commissioners
Recording Secretary
Date
Attorney for the Washington'County Office of Community
Development
Ccfnr 4-2002
Page 2 of 26
INDEX TO CONTRACT AGREEMENT
PART I. GENERAL CONDITIONS
1.
Scope of Agreement and Applicability to Terms and Conditions of this
Agreement
2.
Scope of Services
3.
Commencement and Termination of Projects
4.
Administration
5.
Operating Budget
6.
Compensation and Method of Payment
7.
Interest in Property
8.
Funding Alternatives and Future Support
9.
Amendments
10.
Assignment and Subcontracting
11.
Hold Harmless and Indemnification
12.
Conflict of Interest
13.
Default and Suspension
14.
Enforcement
15.
Appeal
16.
Termination
17. Prohibition on the Use of Debarred Contractors
18. Attorney Fees and Costs
19. Extensions
Ccfnr 4-2002. #4242
Page 3 of 26
PART Ii. FEDERAL. STATE AND LOCAL PROGRAM REQUIREMENTS
1. Procurement Standards
2. Environmental Review
3. Nondiscrimination
4. Property Management
5. Labor Standards
8. Acquisition and Relocation
7. Architectural Barriers
8. Nonparticipation in Political Activities
9. Nonsubstitution for Local Funding
10. Public Information
11. Applicability of Laws Under This Agreement
12. Certification Regarding Lobbying
13. Certification Regarding Use of Excessive Force
Part Ill. EVALUATION AND RECORD KEEPING
1. Evaluation
2. Audits and Inspections
3. Records
4. Retention of Records
PART IV. SPECIAL CONDITIONS
Cdnr 4-2002. #4242
Page 4 of 26
PART V. EXHIBITS
A. Project Description, Scope of Activities and Anticipated
Accomplishments
B. Authorized Signature Card
C. Budget Summary
Ccfnr 4-2002. #4242
Page 5 of 26
PART I. GENERAL CONDITIONS
1. SCOPE OF AGREEMENT AND APPLICABILITY TO TERMS AND CONDITIONS
OF THIS AGREEMENT
A. This Agreement shall consist of the signature page, the general and special
conditions; the federal, state and local program requirements; the evaluation
and record keeping requirements; each and every project exhibit incorporated
in the Agreement; all matters and laws incorporated by reference herein; and
any written amendments made according to the general conditions. This
Agreement supersedes any and all former agreements applicable to projects
attached as exhibits to this Agreement.
B. Depending upon the specific nature of the project, services or purposes for
which Block Grant funds are being provided pursuant to this Agreement,
certain terms and conditions contained herein may be made inapplicable by
their express citation in Part IV, Special Conditions. Except as so expressly
excluded, all terms and conditions contained herein have full application, force
and effect.
2. SCOPE OF SERVICES
A. The City shall perform and carry out in a satisfactory and proper manner the
services set forth in Exhibit A attached hereto which specifies work to be
performed. The Agreement may be amended from time to time in accordance
with the general conditions for the purpose of amending the scope of work or
for any other lawful purpose.
B. Any conflict or dispute that may arise with regard to any aspect of CDBG
activities for the project shall be resolved by the County's interpretation of the
specifications contained in the original project proposal, the current Program
Policies, and the County's Office of Community Development CDBG
Procedures Manual. Any such determination made by the County shall be
final.
3. COMMENCEMENT AND TERMINATION OF PROJECTS
A. Upon release of project-related funds by HUD pursuant to 24 CFR Part 58.70,
the County shall furnish the City with written notice to proceed. No work on
the proiect shall occur prior to the receipt of written notice to proceed from the
Coun .
B. All project funds shall be obligated and expended within the project year
unless the County and the City agree to an amendment extending project
Ccfnr 4-2002. #4242
Page 6 of 26
activities beyond the Project Year. For the purposes of this Agreement,
"Project Year" shall mean the period from July 1. 2002 through June 30. 2003.
C. Any property acquired or improved in whole or in part with CDBG funds shall
be used to meet one of the national objectives set forth in 24 CFR 570.208 for
a period of twenty (20) years or until June 30, 2023 unless otherwise modified
in writing by the parties to this contract.
4. ADMINISTRATION
A. The City shall appoint a liaison person who shall be responsible for overall
administration of Block Grant funded project(s) and coordination with the
County's Office of Community Development. The name of the liaison person
shall be specified in writing and submitted to the County's Office of
Community Development. The City shall also designate one or more
representatives who shall be authorized by the City to sign the Voucher
Request and any other forms which may be required. The names of these
representatives shall be specified in Exhibit B.
B. This Agreement is subject to and supplemental to the Agreement of
Intergovernmental Cooperation entered into between the County and
participating municipalities.
5. OPERATING BUDGET
A. The City shall expend the funds received from the County under this
Agreement in accordance with the budget summary submitted by the City to,
and approved by, the County. Such budget summary is attached to this
Agreement as Exhibit C. No line item expense in the approved budget shall
be changed without a budget revision approved by the County's Office of
Community Development. The budget revision shall specifically state the
reasons for the requested increase and a justification for the corresponding
decrease in another line item. Budget revision(s) must be approved by OCD
before any costs are incurred by the City.
B. The difference between the approved budget amount on a budget line item
and a lower or higher bid or quote, in any line item, shall be reported to the
County. Excess funds generated by a lower bid or quote shall be considered
surplus. The City may submit a budget revision requesting the use of any
such surplus, which shall be approved or denied at the discretion of the OCD.
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C. Matching funds identified in Exhibit C shall mean all funds from non-CDBG
sources, including in-kind contributions of staff and materials, other grant
sources, charitable contributions, volunteer labor, donated materials and
services, and similar items of value to the project. Matching funds shall be
used for project purposes, and shall be included within the scope of Audits
and Inspections conducted under Part III, Section 2 of this Agreement.
Increases in matching funds shall be reported to County and the Operating
Budget shall be revised accordingly, by the OCD.
D. No later than 90 days from the date the County approves the proposed list of
activities, which includes this project, the City shall submit to the County's
Office of Community Devefopment written evidence that substantiates the
matching funds pledged by the City are available. The availability of pledged
funds means all approvals, guarantees, or third party commitments from
subrecipients or cosponsors, have been received and will enable the City to
officially obligate those matching funds. In the event the City fails to submit
such evidence or the evidence is deemed by the County to be unacceptable,
the County may exercise its termination options under Part I Section 14 of this
agreement.
6. COMPENSATION AND METHOD OF PAYMENT
A. Subject to the availability of funds from HUD, the County shali reimburse the
City for the services specified in Exhibit A. Reimbursement shall be requested by
the City by submitting a Community Development Voucher Request (OCD Form 2)
and a Program Accomplishments reporting form (OCD Form 3); the forms are to be
signed by the City's authorized representatives in a manner prescribed by the
County.
B. The County will make payment to the City within two (2) weeks or as soon as
practicable after said invoice is received and approved by the Washington County
Office of Community Development.
7. INTEREST IN PROPERTY
A. Real Property - In accordance with HUD Regulation 24 CFR, 570.503(b)(8),
upon expiration of this agreement the City shall transfer to the County any CDBG
funds on hand at the time of expiration and any accounts receivable attributable to
the use of CDBG funds. Real property under the City's control that was acquired or
improved in whole or in part in excess of $25,000 will be used to (1) meet its
original national objective for the time period specified in Part I Section 3.C of this
agreement; or (2) disposed of in a manner that results in reimbursement to the
County in the amount equal to the current fair market value less any portions
attributable to expenditure of non-CDBG funds for acquisition of, or improvement to,
the property.
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B. Personal Property - Any personal property on hand at the time of the
expiration of the project year of this Agreement shall be disposed of in accordance
with 24 CFR 85.32.
C. Program Income
(1) The City shall record the receipt and expenditure of program income as
defined in 24 CFR 570.500(a) of the financial transactions of the project(s)
funded under this Agreement. Program income shall be reported with
each voucher request and substantially disbursed for the benefit of the
project(s) funded by this Agreement in accordance with the principles of 24
CFR 570.504 (b)(2)(i) and (ii). Program income which is not used to
continue or benefit such project(s) shall revert back to the Block Grant
Fund for reallocation by the County.
(2) The City may retain program income provided it is used in accordance with
regulations in 24 CFR 570.504, and pursuant to adopted local CDBG
program policies. The County shall determine whether income is being
used to continue or benefit a project or projects authorized by this
Agreement.
(3) Program income on hand when the Agreement expires and received after
the Agreement's expiration must be used by the subrecipient to meet its
original national objective for the time period specified in Part I Section 3.C.
of this Agreement. The County may transfer the program income to the
City, upon its termination of urban county participation provided the City
has become an entitlement grantee and agrees to use the program income
in its own CDBG entitlement program.
D. Appraisals, Promissory Note and Trust Deed
(1) For any real property acquired, constructed or rehabilitated with CDBG
funds, the City shall provide the County with an appraisal of the property.
The appraisal shall be conducted by a certified appraiser whose services
shall be paid for by the City. The purpose of such an appraisal is to: (a)
conform to any federal real property acquisition requirements, and/or (b) to
establish a baseline figure for the purpose of entering into a promissory
note and trust deed as specified below. The appraisal shall be conducted
within 45 days of notification to do so by the County.
(2) City shall execute a Promissory Note and Trust Deed for any facility
constructed, acquired or rehabilitated with Community Development Block
Grant funds. The Promissory Note and Trust deed shall be executed at
such time as required by the County.
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(3) City agrees to comply with all agreements, covenants and restrictions
contained in the Promissory Note and Trust Deed, and all applicable
federal, state and local regulations during the terms of the Promissory Note
and Trust Deed.
(4) City agrees to pay all escrow fees including all costs associated with the
recording of Trust Deed or other legal instruments necessary for the County
to protect its interest in the project.
8. FUNDING ALTERNATIVES AND FUTURE SUPPORT
A. The County makes no commitment to future support and assumes no
obligation for future support of the activities contracted for herein, except as
expressly set forth in this Agreement.
B. Should anticipated sources of revenue not become available to the County
for use in the Community Development Program, the County shall
immediately notify the City in writing, and the County will be released from all
contracted liability for that portion of the Agreement covered by funds not
received by the County.
9. AMENDMENTS
This Agreement shall be modified by the parties only upon written amendment.
10. ASSIGNMENT AND SUBCONTRACTING
A. The City shall not enter into any contracts under this Agreement without the
written approval of the County. Such consent shall be requested 15 days
prior to the date of proposed assignment.
B. The County shall assume no liability for acts and omissions of contractors
or subcontractors employed by the City.
11. HOLD HARMLESS AND INDEMNIFICATION
The City agrees to defend, save, hold-harmless and indemnify the County, its
commissioners, employees and agents for any and all claims, damages, losses
and expenses, including but not limited to reasonable attorney's fees, arising out
of or resulting from its own negligence, performance of or failure to perform the
obligations of any agreement resulting from this Agreement.
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12. CONFLICT OF INTEREST
A. Interest of Officers. Employees, or Agents - No officer, employee, or agent
of the County or City who exercises any functions or responsibilities in
connection with the planning and carving out of the Block Grant Program,
or any other person who exercises any functions or responsibilities in
connection with the Program, shall have any personal financial interest,
direct or indirect, in this Agreement and the City shall take appropriate
steps to assure compliance.
S. Interest of Subcontractor and Their Employees - The City agrees that it will
incorporate into every subcontract required to be in writing and made
pursuant to this Agreement the following provision:
The Contractor covenants that no person who presently exercises
any functions or responsibilities in connection with the Block Grant
Program, has any personal financial interest, direct or indirect, in
this Contract. The Contractor further covenants that he presently
has no interest and shall not acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance
of his services hereunder. The Contractor further covenants that in
the performance of this Contract no person having any conflicting
interest shall be employed. Any interest on the part of the
Contractor or his employees must be disclosed to the City or the
County.
13. DEFAULT AND SUSPENSION
A. Each of the following events shall constitute a default on the part of the
City:
(1) Material noncompliance with the terms of this contract, the Award,
any and all applicable state or federal laws and regulations;
(2) Mismanagement or improper use of Award funds;
(3) Failure to obligate required funds or to provide work or services
expressed by this Agreement;
(4) Failure to submit reports, supplying incomplete or inaccurate reports
required by Part III herein.
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B. Each of the following events shall constitute a default on the part of the
County:
(1) Material noncompliance with the terms of this contract, the Award,
any and all applicable state and federal laws and regulations;
(2) Failure to provide funding for services rendered as required by this
contract and law.
14. ENFORCEMENT
A. In the event the City is found in default under the terms of this agreement
the County may:
(1) Withhold any or all of any pending or future payments until the
default is cured;
(2) Suspend all or part of this Contract or Award herein;
(3) Prohibit the City from incurring additional obligations of funds until
the County notifies the City in writing that the default is cured;
(4) Disallow or deny both the use of funds and matching credit of the
activity or action not in compliance;
(5) Take any and all other legal or equitable remedies available.
S. Any costs attributed to the program which were lawfully incurred prior to
any suspension or termination will be considered properly incurred. Any
costs attributed to the program during or after any suspension or
termination are specifically not allowed without express written consent by
the County.
15. APPEAL
In the event the County takes an action to enforce the terms of this Contract, the
Award or to enforce compliance with applicable state and federal law, the City may
appeal such action in the manner provided in this section as follows:
(1) The County shall provide the City with written notice of the default and the
right to cure, if any;
(2) The City may pursue an informal appeal by contacting the Manager of the
Office of Community Development.
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(3) The City may appeal the informal decision of the Manager by submitting a
written objection of the enforcement action directly to the Community
Development Policy Advisory Board (PAB).
(a) The PAB may consider oral argument, written testimony and any
other such evidence it considers relevant to a determination.
(b) The PAB shall consider all information and reach a determination
based upon the record submitted and prepare a written finding.
(c) The City shall have the opportunity to provide oral testimony if a
hearing is conducted. If a formal hearing is not held the City shall
have the opportunity to submit written objections, arguments and
other material relevant to its position.
(d) The findings of the PAB are final and no further appeal is allowed.
16. TERMINATION
A. This contract shall terminate upon any of the following events:
(1) Termination following default as defined previously;
(2) The failure by the County to provide funding for services rendered as
required by this Agreement;
(3) The unavailability of Block Grant funds from either the federal
government or through the County.
B. This Agreement will terminate upon thirty days written notice by the County in
the event funding is no longer available.
C. Upon termination of this Agreement, any unexpended balance of Agreement
funds shall remain with the County. The regulations relating to
reimbursement of Block Grant funds shall be applicable to the City for
expended funds.
D. The City shall reimburse the County for any and all funds expended in
violation of the terms of this Agreement, state or federal law.
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17. PROHIBITION ON THE USE OF DEBARRED CONTRACTORS
CDBG funds shall not be used directly or indirectly to employ, award contracts to, or
otherwise engage the services of, or fund any contractor or subrecipient during any
period of debarment, suspension, or placement in ineligibility status under the
provisions of 24 CFR Part 24. The City shall not make any. award at any tier to any
party which is debarred, suspended or excluded from participation in federal assistance
programs under Executive Order 12549, "Debarment and Suspension."
18. ATTORNEY FEES AND COSTS
This Agreement shall be governed by the laws of the State of Oregon and federal law.
Any action or suit commenced in connection with this Agreement shall be in the Circuit
Court of Washington County. The prevailing party, either in Circuit Court or on appeal,
shall be entitled to reasonable attorney fees and costs and disbursements as awarded
by the Court.
19. EXTENSIONS
If in the determination of the Office of Community Development (OCD) a time extension
is necessary or appropriate, an extension of the term of agreement for an additional
period may be granted to the City by the County's Office of Community Development
provided the City requests such an extension, in writing, at least two (2) weeks prior to
the last expiration date contained in this Agreement. Additional extension(s) may be
granted by the OCD Program Manager in case of extenuating circumstances.
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PART II. FEDERAL. STATE AND LOCAL PROGRAM REQUIREMENTS
1. PROCUREMENT STANDARDS
A. In awarding contracts pursuant to this Agreement, the City shall comply with
all applicable requirements of local and state law for awarding contracts,
including but not limited to procedures for competitive bidding, contractor's
bonds, and retained percentages. In addition, the City shall comply with the
requirements of the 24 CFR Part 85.36 and Part 85.37, relating to bonding,
insurance and procurement standards; and with Executive Order 11246 and
the regulations issued pursuant thereto (41 CFR Chapter 60) regarding
nondiscrimination bid conditions for projects over $25,000.
B. The City agrees to submit copies of all contracts, agreements, plans,
specifications and change orders related to the project to the County's Office
of Community Development in a timely manner. No plan specification or
change order shall be used or implemented if it increases the total project
cost without approval from the Office of Community Development.
C. The City shall make available to each contractor bidding on any activity
under this Agreement a listing of minority business enterprises (MBEs).
2. ENVIRONMENTAL REVIEW
A. The County retains environmental review responsibility for purposes of
fulfilling requirements of the National Environmental Policy Act as
implemented by HUD Environmental Review Procedures (24 CFR Part 58).
The County shall require the City to famish data, information and assistance
for the County's review and assessment in fulfillment of the County's
responsibilities under 24 CFR, Part 58.
B. The City shall not proceed with the acquisition of real property or any
construction activities under this Agreement until satisfaction of all applicable
requirements of the National Environmental Policy Act.
C. Other Environmental Compliance Requirements:
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(1) Historic Preservation. The City shall meet the historic preservation
requirements of the National Historic Preservation Act of 1966
(Public Law 89-665) and the Archeological and Historic
Preservation Act of 1974 (Public Law 93-291) and Executive Order
11593, including the procedures prescribed by the Advisory Council
on Historic Preservation in the regulations at 36 CFR Part 800.
Activities affecting property listed in or found to be eligible for
inclusion in the National Register of Historic Places will be subject
to requirements set forth in HUD Environmental Review
Procedures at 24 CFR Part 58.
(2) National Flood Insurance. The City shall not receive Community
Development Block Grant funding for acquisition or construction for
use in any area that has been identified as having special flood
hazards and is not participating in the National Flood Insurance
Program, as provided by Section 3(a) and 202 (a) of the Flood
Disaster Protection Act of 1973 (42 USC 400(a) and 4106) and the
regulations thereunder (44 CFR Chapter 1, Subchapter B, and 24
CFR, Section 570.605.
(3) Air and Water Pollution. The City shall comply with the provisions of
the Clean Air Act, as amended (42 USC Section [1857] 7401 et seq.)
and the regulations issued thereunder (40 CFR Part 15) and the
Water Pollution Act, 33 U.S.C. 1251 et. seq.
(4) Lead-Based Paint Poisoning. Pursuant to 24 CFR, 570.608 the City
shall comply with the HUD Lead-Based Paint Regulations (24 CFR Part
35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act,
as amended, (42 USC Section 4851 et seg.) requiring prohibition of
the use of lead-based paint whenever funds under this Agreement are
used directly or indirectly for acquisition, construction, rehabilitation, or
modernization; elimination of immediate lead-based paint hazards in
residential structures; and notification of the hazards in residential
structures; and notification of the hazards of lead-based paint poisoning
to purchasers and tenants of residential structures constructed prior to
1978.
(5) Endangered Species Act. The City shall comply with the provisions of
the Endangered Species Act of 1973, as amended (16 USC Section
1531 et seq.), particularly Section 7 of the regulations thereunder (50
CFR Part 402).
3. NONDISCRIMINATION
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A. General. The City shall comply with all federal, state and local laws prohibiting
discrimination on the basis of age, sex, familial status, race, creed, color, national
origin, or disability. These requirements are specified in Section 109 of the Housing
and Community Development Act of 1974 "as amended"; Civil Rights Act of 1964,
Title VI (42 USC 2000d et seq.); Civil Rights Act of 1968, Title Vill (42 USC 3601 et
seq.); Executive Order 11063, as amended by Executive Order 12259; Executive
Order 11246 and the regulations issued pursuant thereto (41 CFR Chapter 60);
Section 3 of the Housing and Urban Development Act of 1958 (12 USC 1701 u);
and Section 504 of the Rehabilitation Act of 1973, (29 USC 794); Americans With
Disabilities Act (ADA) (42 USC 12101); and the Age Discrimination Act of 1975(42
USC 6101 et seq.). Specifically, the City is prohibited from taking any
discriminatory actions defined in the HUD regulations at 24 CFR 570.602(b)(1 j-(3)
and shall take such affirmative and corrective actions as required by the regulations
at CFR 570.602(b)(4). These requirements are summarized in the following
paragraphs:
(1) Program Benefit. The City shall not discriminate against any resident of the
project service area by denying benefit from or participation in any Block
Grant funded activity on the basis of race, color, sex, national origin,
disability, age, and familial status. (Civil Rights Act of 1964, Title VI; Civil
Rights Act of 1968, Title VIII; Section 109, Housing and Community
Development Act of 1974; Age Discrimination Act 1975; Americans With
Disabilities Act (ADA) (42 USC 12101); Section 504, Rehabilitation Act of
1973.)
(2) Fair Housing. The City shall take necessary and appropriate actions to
prevent discrimination in federally assisted housing and lending practices
related to loans insured or guaranteed by the Federal Government. (Civil
Rights Act of 1968, Title VIII, as amended; Executive Order 11063, as
amended by Executive Order 12259.)
(3) Employment.
(a) In a!! solicitations under this Agreement the City shall state that all
qualified applicants will be considered for employment. The words,
"Equal Opportunity Employer" in all advertisements shall constitute
compliance with this Section.
(b) The City shall not discriminate against any employee or applicant for
employment in connection with the Agreement because of age, sex,
familial status, disability, race, creed, color or national origin, except
when there is a bona fide occupational limitation. The City shall not
refuse to hire, employ or promote, or bar, discharge, dismiss, reduce
in compensation, suspend, demote, or discriminate in work activities,
terms or conditions because an individual has a physical or mental
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disability in any employment in connection with this Agreement unless
it can be shown that the particular disability prevents the performance
of the work involved. Such action shall include, but not be limited to
the following: Employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates of
pay or other forms of compensation, and selection for training.
(Executive Order 11246 as amended; and Section 504 of the
Rehabilitation Act of 1973; Americans With Disabilities Act (ADA) (42
USC 12101); and the Age Discrimination Act of 1975.)
(c) This Agreement is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968 (12 USC 1701u), as
amended, the HUD regulations issued pursuant thereto at 24 CFR
Part 135, and any applicable rules and orders of HUD issued
thereunder prior to the HUD authorization of the funding approval.
(4) Persons With Disabilities. As required by 24 CFR, Part 8.51 the City shall
conduct a self-evaluation and take corrective action to ensure reasonable
accommodation in programs and services to persons with disabilities. The
City shall provide County with a completed self- evaluation checklist, in the
form set forth in County's CDBG Procedures Manual.
(5) Contractors and Suppliers
(a) No contractor, subcontractor, union or vendor engaged in any activity
under this Agreement shall discriminate in the sale of materials,
equipment or labor on the basis of age, sex, familial status, race,
creed, color, or national origin. No contractor, subcontractor, union or
vendor engaged in any activity under this Agreement shall refuse to
hire, employ or promote, or bar, discharge, dismiss, reduce in
compensation, suspend, demote or discriminate in work activities,
terms or conditions because an individual has a physical or mental
disability in any employment in connection with this Agreement unless
it can be shown that the particular disability prevents the performance
of the work involved. Such practices include upgrading, demotion,
recruiting, transfer, layoff, termination, pay rate, and advertisement for
employment. (Executive Order 11246 as amended; and Section 504
of the Rehabilitation Act of 1973; and the Age Discrimination Act of
1975.)
(b) To the greatest extent feasible, the City shall purchase supplies and
services for activities under this Agreement from vendors and
contractors whose businesses are located in the area served by the
Block Grant funded activities or owned in substantial part by project
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area residents. (Section 3, Housing and Community Development Act
of 1968, as amended.)
B. In the event of noncompliance by the City with any nondiscrimination provisions of
this Agreement, the County shall have the right in whole or in part to cancel this
Agreement in accordance with Part I, Section 14.
4. PROPERTY MANAGEMENT
The City, as a subgrantee, agrees that any property, equipment, or supplies purchased
wholly or in part with program funds shall be managed under the same guidelines
applicable to the County, pursuant to 24 CFR Part 85.
5. LABOR STANDARDS
A. The City shall require that project construction and subcontractors pay their
laborers and mechanics at wage rates in accordance with the Davis-Bacon Act, as
amended (40 USC sections 276(a)-276(a)(5), and that they comply with the
Copeland "Anti-Kickback" Act, as amended (40 U.S.C. 276(c) and the Contract
Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) as further prescribed
at 29 CFR Parts 1, 3, 5, 6 and 7; provided that this section shall not apply to
rehabilitation of residential property designed for residential use by less than eight
units, or to rehabilitation of rental property consisting of less than twelve units.
B. A copy of the current Davis-Bacon wages must be included in all construction bid
specifications and/or contracts over $2,000.
6. ACQUISITION AND RELOCATION
A. Any acquisition of real property by a unit of government for any activity assisted
under this Agreement shall comply with the Federal Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 amended as Title I`✓ of the
Surface Transportation and Uniform Relocation Assistance Act of 1987 (hereinafter
referred to as the Uniform Relocation Act) (42 USC 4601 et seq.) and the
Regulations at 24 CFR Part 42 as amended effective April 2, 1987.
B. Any displacement of persons, business, nonprofit organizations or farms as a result
of acquisition of real property assisted under this Agreement shall comply with Title
II of the Uniform Act and the regulations at 24 CFR Part 42. The City shall comply
with the regulations pertaining to costs of relocation at 24 CFR Section 570.606 and
the Washington County CDBG Program Policies.
7. ARCHITECTURAL BARRIERS
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Any facility constructed or altered pursuant to this Agreement shall comply with design
requirements of the Uniform Federal Accessibility Standards (UFAS).
8. NONPARTICIPATION IN POLITICAL ACTIVITIES
The City shall comply with the provisions of the Hatch Act (5 USC Chapter 15).
9. NONSUBSTITUTION FOR LOCAL FUNDING
The Block Grant funding made available under this Agreement shall not be utilized by the
City to reduce substantially the amount of local financial support for community
development activities below the level of such support' prior to the availability of funds
under this Agreement.
10. PUBLIC INFORMATION
All written materials (reports, brochures, promotional or informational items), news
releases, and other public notices produced by or for the City shall acknowledge the
source of funding as being derived from the Department of Housing and Urban
Development and provided through the Washington County Community Development
Block Grant Program.
11. APPLICABILITY OF LAWS UNDER THIS AGREEMENT
To the extent applicable to the City's acceptance and use of funds under this Agreement,
the City shall comply with the policies, guidelines and Uniform Administrative
Requirements of OMB Circulars A-87, A-133, (implemented at 24 CFR, Part 44), and 24
CFR, Part 85 (implemented at 24 CFR, Part 570.502).
12. CERTIFICATION REGARDING LOBBYING
The City certifies, by affixing its authorized signature(s) to this agreement that, to the best
of the City's knowledge and belief:
A. No Federai appropriated funds have been paid or will be paid, by or on behalf of
the City, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
entering into this cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of this cooperative agreement.
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B. If any funds other than Federally appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
(Available through the Office of Community Development.)
C. The City shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all
-subrecipients shall certify and disclose accordingly.
13. CERTIFICATION REGARDING USE OF EXCESSIVE FORCE
The City in accordance with Section 519 of Public Law 101-944, 1990 HUD
Appropriations Act, certifies by affixing its authorized signature(s) to this agreement that
the City will not use excessive force by law enforcement agencies within its jurisdiction
against any individuals engaged in nonviolent civil rights demonstrations.
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PART III. EVALUATION AND RECORD KEEPING
1. EVALUATION
The City agrees to participate with the County in any evaluation project or
performance report, as designed by the County or the appropriate federal agency,
and to make available all information required by any such evaluation process.
2. AUDITS AND INSPECTIONS
A. The records and documents with respect to all matters covered by this
Agreement shall be subject at ail times to inspection, review or audit by the
County, federal or state officials so authorized by law during the performance of
this Agreement and during the period of records retention specified in this Part III
at paragraph 4.
B. The City shall be responsible for meeting the audit requirements established
in the U.S. Office of Management and Budget Circular A-133. Upon request of
the County's Office of Community Development, the City shall be required to
provide audit information relative to any project or activity funded under the terms
of this Agreement.
3. RECORDS
In the event the City sponsors multiple projects, each project shall be maintained
under a separate file system and kept in a manner recommended by the County.
As required by HUD regulations, the City shall compile and maintain records as
indicated:
A. Financial Management - Such records shall identify adequately the source and
application of funds for activities within this Agreement in accordance with the
provisions of 24 CFR Part 85.20. These records shall contain information
pertaining to grant awards and authorizations, obligations, unobligated balances,
assets, liabilities, outlays, and income.
B. Citizen Participation - Narrative and other documentation describing the
process used to inform citizens concerning the amount of funds available, the
ranges of project activities undertaken, and opportunities to participate in funded
Block Grant projects.
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C. Relocation - City recordkeeping must comply with the Uniform Act
implementing regulations at 24 CFR Part 42. Indication of the overall status of the
relocation workload and separate relocation record for each person, business,
organization, and farm operation displaced or in the relocation workload must be
kept.
D. Real Property Acquisition - If the City acquires real property by exercising its
power of eminent domain, City acquisition files must contain the following records:
(1) Identification of property and property owners.
(2) Official Determination to Acquire - A citation of the action that constitutes
the official determination to acquire, the date of the action, and the
applicable CDBG project number.
(3) Notice of Intent to Acquire the Property - A copy of the. notice (including
owner's rights), citation of the date of transmittal to owner, and evidence of
receipt by the owner. If tenants are involved, then a general notice must
also be issued to all affected tenants.
(4) Preliminary Acquisition Notice - A citation of the date of transmittal to the
owner and evidence of receipt by owner,
(5) Invitation to Accompany Appraiser - Evidence that owner was invited to
accompany each appraiser on his inspection of the property.
(6) Appraisal Reports - A copy of each appraisal report, including reviewer's
report, on which determination of just compensation was based.
(7) Determination of Just Compensation - A copy of the resolution, certification,
motion or other document constituting the determination of just
compensation.
(8) Purchase Offer - A copy of written purchase offer of just compensation,
including all basic terms and conditions of such offer, and a citation of the
date of delivery to the owner. This date is the initiation of negotiations and
triggers the relocation requirement of making a "Notice of Displacement".
(9) Statement of the Basis for the Determination of Just Compensation - A
copy of the statement and an indication that it was delivered to the owner
with written purchase offer.
Cdnr 4-2002. #4242
Page 23 of 26
(10) Purchase Agreement, copy of recorded Deed, Declaration of Taking, Title
Report, Title exceptions - A copy of each such document and any similar or
related document utilized in conveyance.
(11) Settlement Cost Reporting Statement - A signed copy of the statement.
(12) Purchase of Price Receipt -Evidence of owner receipt of purchase price
payment.
(13) Copy of any appeal or complaint and City response.
e .
E. Equal Opportunity - The-City will maintain racial, ethnic, and gender data showing
the extent to which these categories of persons have participated in, or benefitted
from, the activities carried out under this Agreement. The City shall also maintain
data which records its affirmative action in equal opportunity employment, and its
good faith efforts to identify, train, and/or hire lower-income residents of the
project area and to utilize business concerns which are located in or owned in
substantial part by persons residing in the area of the project.
F. Labor Standards - Records shall be maintained regarding compliance of all
contractors performing construction work under this Agreement with the labor
standards made applicable by 24 CFR Part 570.605.
G. Miscellaneous Records - The City shall maintain such other records as may be
required by the County and/or HUD.
4. RETENTION OF RECORDS
As required in 24 CFR 85.42, required records shall be retained for a period of four (3)
years following the date of the submission of the final grantee performance report in
which the activity is covered, except as follows:
A. Records that are the subject of audit findings shall be retained for four years or
until such audit findings have been resolved, whichever is later.
B. Records for Real Property and Equipment shall be retained for four years after its
final disposition. The retention period starts from the date of disposition,
replacement, or transfer at the direction of the County. Equipment is defined 'dn 24
CFR Part 85.32 and real property is defined in 24 CFR Part 570.505.
C. Records for any displaced person shall be retained for four years after such
person has received final payment.
Ccfnr 4-2002. #4242
Page 24 of 26
PART IV. SPECIAL CONDITIONS
1. The City shall execute this agreement no later than 30 days following the date of
the County's letter of transmittal
2. Fifteen days prior to soliciting bids the City shall make available to the County's
Office of Community Development, in writing, a schedule of proposed activities to
include at least: the date of bid solicitation; date of bid opening or final date of
phone solicitations, as applicable; anticipated award date; and date of anticipated
construction. In addition, the City will provide a construction cost estimate.
3. In accordance with Part 1, Paragraph 1.5., the following covenants are deemed not
applicable and are expressly deleted:
Ccfnr 4-2002. #4242
Page 25 of 26
PART V. EXHIBITS
A. 'Project Description, Scope of Activities and Anticipated
Accomplishments
B. Authorized Signature Card
C. Budget Summary
Ccfnr 4-2002. #k4242
Page 26 of 26
PROJECT DESCRIPTION, SCOPE OF ACTIVITIES
AND ANTICIPATED ACCOMPLISHMENTS
1. Project Number and Title:
CDBG Project #4142 City of Tigard - Bonita Park
II. Description of. Project, Activities, Anticipated Accomplishments, Low and
Moderate or Other Target Group Beneficiaries.
A. Nature and Purpose of the Proiect:
The City of Tigard will construct and equip a neighborhood park at SW
Bonita Road and SW Milton Court. Improvements will include a
playstructure, seating and picnic areas, open lawn area, and a hard surface
basketball court. Proposed landscaping includes the lawn seeding and tree
plantings to provide shade for park users. The proposed project also
includes a marked crosswalk and traffic light, which will provide safe access
to the parts by the tenants of the four adjacent apartment complexes.
B. Proposed Location or Impact Area(s):
SW Bonita Road at SW Milton Court
(Census tract 308.01, Block Group 0308023)
C. Duration/Timing of the Proiect:
July 1, 2002 through June 30, 2003
D. Number of Low and Moderate Income or Target Group Beneficiaries:
674 low to moderate income qualified residents
E. Component Activities(CDBG vs. Others):
CDBG = $140,400 City = $105,550
F. Quantitative Projections for CDBG Component Activities (in units, linear
feet, square feet, etc.) for all acquisitions, construction, reconstruction,
rehabilitation, etc.:
CDBG funds will be applied to related construction costs.
EXHIBIT A
Project No.
Project Year (funded) v s2
Project Name
Applicants Name
Address
City, State, Zip
Telephone Number
AUTHORIZATION SIGNATURE CARD
C-/ u~ O s a
/-7I 2 cti l OAcr4-
2-
J- ~~Sar
-3 6 3 5 - yI 7/
SIGNATURE OF INDIVIDUALS AUTHORIZED TO SIGN FINANCIAL DOCUMENTS:
Any TWO signatures required to sign any financial document
NAME (Type or Print)
A9 osrt-v.k P - PoQ,%Qs
SIGNATURE
I certify that the signatures above are of the individuals authorized to execute
financial documents.
ARc ~ aoo,2
Date Signature of Authorized Official
j:cdfortns\autsigcd.doc
Title of Authorized Official
EXHIBIT B
Project No.
Project Year ounded)
BUDGET SUMMARY 77
Community Development Block Grant (CDBG) Program
Project Til _Bonita Area Park Improvements
Legal (`lame of Entity _ City of Tigard _
Address. 13125 SW Hall Blvd. City Tigard State (JK zip
1. BUDGET LINE ITEMS:
A. PERSONNEL SERVICES:
i:cdforrns\budsum _doc.
EXHIBIT C
M. AUTHORIZATION
3/c'BJo2-
Date °
Date
P. D-.-
Au o 'zed Signature for Project
Authorized Signature for Project
COUNTY USE ONLY
Reviewed and approved by Washington County Office of Community Development on
j:cdformlbudsum.doc
AGENDA ITEM No. 5
Date: May 14, 2002
PUBLIC HEARING
(QUASI-JUDICIAL)
TESTIMONY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testifi before City Council on:
CONSIDER ZONE CHANGE ANNEXATION
(ZCA) 2002-00001
FERN STREET ANNEXATION
Due to Time Constraints
City Council May Impose
A Time Limit on Testimony
I:\ADM\GREER\CITY COUNCIUCCSIGNUMPH TESTIMONY QJ ANNEXATION.DOC
AGENDA ITEM No. 5
Date: May 14, 2002
PLEASE PRINT
vroponent (speaKing in rsavor) opponent - (speaking Against) Neutral
11 Name, Address & Phone No. Name, Address Phone No. Name, Addross & Phone No.
ress & Phone No. 11 Name, Address & Phone No. 11 Name, Address & Phone No.
if Name, Address & Phone No. lWame, Address &
11 Name, Address & Phone No. 11 Name, Address & Phone No. 11 Name, Address & Phone
No.
11 Name, Address & Phone No. 11 Name, Address & Phone No. 11 Name, Address & Phone No.
, Address & Phone No. 91 Name, Address & Phone No.
No.
AGENDA ITEM #
FOR AGENDA OF May 14.2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Zone Change Annexation Z A 2002-0000 - Fe et Annexation
PREPARED BY: Mathew Scheidegger DEPT HEAD OK TY MGR OK
ISSUE BEFORE THE OUNCIL
Should the Tigard City Council annex the parcels of land as identified in Option 1 or 2?
STAFF RECOMMENDATION
Staff recommends that the Council adopt the proposed ordinance and legal description of Option 2.
INFORMATION SUMMARY
The Feni Street annexation consists of five (5) parcels equaling 11.86 acres. The parcels are within the City of
Tigard's Urban Services Area. The reason for annexing into the City of Tigard is to include two (2) of the five (5)
parcels in a 14 lot subdivision. The additional parcels are due to staffs contact with surrounding property owners
that wished to be included with this annexation application. This entire area is an island created by the recent
approval of the Pacific Crest Annexation (approved: 02/09/02).
The Fern Street annexation would create an additional island including a .46 acre island within the subject parcels.
Staff has attempted to contact the owner of this property to be included with the proposed annexation with no
response. Therefore, staff is presenting Council with two ordinance options. The .46 acre island can be annexed
through the doubt s majority system of annexation under ORS 222.125. The property is already zoned with the
County R-7 zoning designation and the proper zoning is concurrent with the annexation according to Section
18.320.020.0 of the Community Development Code. The County zone will automatically convert to the City R-7
zone upon annexation approval by Council.
Option #1
Approve the annexation of (5) parcels of approximately 11.86 acres into the City of Tigard and create a .46 acre
island described as WCTM 2S104BC, Tax Lot 02300.
Option #2
Approve the annexation of (6) parcels of approximately 12.32 acres into the City of Tigard through the adoption of
a separate ordinance by means of a double-majority. This includes the .46 acre parcel.
Staff has notified all affected agencies and CIT members of the proposed annexation. There was no objection to
the annexation by those who returned comments. Staff has reviewed the proposal for compliance with Metro
Chapter 3.09, the Comprehensive Plan Policies, the Tigard Development Code, and the Oregon Revised Statutes.
As indicated in the staff report to City Council, the proposed annexation meets the applicable standards. Pursuant
to Chapter 18.320.020.0 of the Tigard Development Code, the Comprehensive Plan designation and the City's
zoning is automatically applied to property upon approval of the annexation by Council.
THER ALTERNATIVES CONSIDERED
Denial of the request.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
"Growth and Growth Management", Goal #2 - Urban services are provided to all citizens within Tigard's urban
growth boundary and recipients of services pay their share.
ATTACHMENT LIST
Attachment 1 Ordinance Option #1
Attachment 2 - Ordinance Option #2
Attachment 3 - Staff Report to the City Council
FISCAL NOTES
N/A. The applicant is responsible for paying the Metro processing fee and has already paid the fees necessary
to administer the application by planning staff.
CITY OF TIGARD, OREGON Attachment 1
(Option #1)
ORDINANCE NO. 2002-
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN
ANNEXATION (ZCA) 2002-00001/FERN STREET ANNEXATION AND WITHDRAWING
PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED
SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY URBAN ROADS MAINTENANCE
DISTRICT, WASHINGTON COUNTY STREET LIGHTING DISTRICT #1, AND THE
WASHINGTON COUNTY VECTOR CONTROL DISTRICT.
WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(B) and 222.170 to initiate an annexation
upon receiving consent in writing from a majority of the electors registered in the territory proposed to be
annexed and written consent from owners of more than half the land in the territory proposed to be
annexed; and
WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties
which currently lie within the boundary of the Tigard Water District, the Washington County Enhanced
Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street
Lighting District #1, and the Washington County Vector Control District upon completion of the
annexation; and
WHEREAS, the Tigard City Council held a public hearing on May 14, 2002 to consider the annexation of
five (5) parcels of land consisting of 11.86 acres and withdrawal of said property from the Tigard Water
District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector
Control District; and
WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt
obligations, however, in this instance the Water District has no debt for the City to assume, therefore, no
option regarding the assumption of debt needs to be made; and
WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a
public hearing on the issue of the annexation into the City and withdrawal. of the annexed property from the
Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District on May 14,2002; and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from
the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District by Ordinance; and
WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed
to the City zoning most closely conforming to the County zoning; and
WHEREAS, the current and proposed zoning district is R-7, therefore, no zone change is necessary; and
ORDINANCE NO. 2002= ZCA2002-00001 Fern Street Annexation
Pagel of 2
WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has
been reviewed for compliance with the Tigard Community Development Code and the Comprehensive
Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and
WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined
that withdrawal of the annexed properties from the applicable service districts is in the best interest of the
City of Tigard.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the parcels described in the attached Exhibit "A"
and shown in Exhibit "B" and withdraws said parcels from the Tigard Water District, the
Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District.
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the
Mayor and posting by the City Recorder.
SECTION 3: The City Recorder is hereby directed to file certified copies of the Ordinance with Metro for
administrative processing.
SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the
Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District shall be the effective date of this annexation.
SECTION 5: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the
Tigard Water District shall be July 1, 2003.
SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with the
Secretary of State.
PASSED:
By
title only, this
vote of all Council members present after being read by number and
day of . 2002.
Catherine Wheatley, City Recorder
APPROVED:
By Tigard City Council this day of 92002.
James E. Griffith, Mayor
Approved as to form:
City Attorney
Date
ORDINANCE NO. 2002- ZCA2002-00001 Fern Street Annexation
Page 2 of 2
Exhibit "408
ANNEXATION DESCRIPTION
(ZCA2002-00001/FERN STREETANNEXATION)
(Option #1)
ti tract of land situated in the Northwest One-quarter of Section 4 Township 2 South,
Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon
describes) as follows:
Beginning at the Northwest Corner of lot 22 Handy Acres as recorded in Book 10 Page
31 of the Washington County Subdivision records; thence S 000 42' 58" W, along the
west line of lot 22, a distance of 905.12 feet to the Southwest comer of lot 22; thence N
89° 43' 30" E,'a long the south line of lots 22&23 Handy Acres, a distance of 340.00 feet
to the Southeast corner of lot 23; thence N 00° 42' 58" E, along the east line of lot 23, a
distance of 474.84 feet; thence N 89° 17' 49" W a distance of 20.39 feet; thence N 14°
44' 11" E a distance of 87.71 feet to a point of curve of a curve to the left; thence along
said curve to the left with a radius of 125.00 feet, a delta of 14° 02' QO", (a chord which
bears N 7° 43' 11" E 30.54 feet) and a length of 30.62 feet to a point of tangency; thence
N 00° 42' 11" E a distance of 143.64 feet to a point of curve of a curve to the right:
thence along said curve to the right with a radius of 25.00 feet, a delta of 111 ° 47' 35", (a
chord which bears N 56° 35' 59" E, 41.40 feet) and a length of 48.78 feet to the southerly
right-of-way of SW Fern Street; thence S 67° 30' 14" E, along said right-of-way, a
distance of 170.53 feet to a point of curve of a curve to the left; thence along said curve
to the left with a radius of 741.25 feet, a delta of 12° 46' 29" (a chord which bears S 73°
53' 28" E, 164.93 feet) and a length of 165.27 feet to the Northeast comer of lot 25
Handy Acres and the Northeast comer of Tract "E" Hillshire Woods; thence N 00° 42'
57" E, leaving said southerly right of way, a distance of 50.67 feet to the northerly right-
of-way of 8W Fern Street, to the Southeast corner of lot 6 Handy Acres and a point of on
a curve to the right; thence along said curve to the right with a radius of 691.25 feet, a
delta of 12° 07' 02" (a chord that bears N 73° 33' 45" W, 145.92 feet) and a length of
146.19 feet; thence N 67° 30' 14" W, along said northerly right-of-way, a distance of
485.68 feet to the point of curvature of a curve to the left; thence along said curve to the
left with a radius of 383.12 feet, a delta of 30° 52' 44" (a chord that bears S 87° 27' 25"
E, 261.48 feet) and a length of 266.85 feet to the Southeast corner of lot 11 Handy Acres;
thence ITT 00° 42' 49" E, along the east line of said lot 11, a distance of 381.19 feet to the
Northeast comer of said lot 11; thence S 89° 30' W a distance of 170.Oi feet to the
Northwest corner of said lot 11; thence S 00° 42' 53" W a distance of 490.37 feet to the
Southwest corner of said lot 11 and a point on a curve to the left; thence along said curve
to the left with a radius of 383.12 feet, a delta of 3° 32' 40" (a chord that bears S 39° 48'
43" W, 23.70) and a length of 23.70 feet to a point of reversing curve of a curve to the
right; thence along said curve to the right with a radius of 333.75 feet, a delta of 51 ° 40'
00" (a chord that bears S 63° 44' 46" W, 290.87 feet) and a length of 300.96 feet to a
point of tangency; thence S 89° 34' 46" W, along said northerly right-of-way, a distance
of 234.72 feet to the Southeast comer of lot 15 Handy Acres; thence N 00° 43' 00" E a
distance of 635.82 feet to the Northeast corner of said lot 15; thence S 89° 30' 00" W a
distance of 130.00 feet; thence S 000 43' 00" W a distance of 685.65 feet to the southerly
right-of-way of SW Fern Street; thence N 89° 34' 46" E, along said southerly right-of-
ANNEXATION DESCRIPTION
(MA2002-00001MERN STREETAPI N'EXATYON)
(option #1)
way, a distance of 365.71 feet to a point of curve of a curve to the left; thence along said
curve to the left with a radius of 383.75 feet, a delta of 51° 40' 00" (a chord that bears N
63° 44' 46" E, 334.44 feet) and a length of 346.05 feet to a point of reversing curve to the
right; thence along said curve to the right with a radius of 333.12 feet, a delta of 61° 34'
17" (a chord that bears N 68° 34' 17" E, 341.00 feet) and a length of 357.98 feet to the
point of Beginning. -
Containing 11.86 Acres
ANNEXATION DESCRIPTION
(ZCA2002-00001/FERN STREETA NNEXATION)
(Option #1)
EXCLUDING
A tract of land situated in the Northwest One-quarter of Section 4 Township 2 South,
Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon
described as follows:
Beginning at the Northwest Corner of lot 23 Handy Acres as recorded in Book 10 Page
31 of the Washington County Subdivision records; thence S 00° 42' 58" W, along the
west line of lot 23, a distance of 186.56 feet; thence S 89° 17' 02" E a distance of 123.54
feet; thence N 00° 42' 58" E a distance of 137.20 feet to the southerly right-of-way of
SW Fern Street; thence N 670 30' 14" W, along said right-of-way, a distance of 133.04
feet to the point of begriming.
Containing 0.46 acres.
EXHIBIT B
Option #1
BONN'cVIILE POWER ADMINISTRATION
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Agenda Item:
Hearing Date: May 14 2002 7:30 PM
STAFF REPORT TO THE
CITY COUNCIL CITY oFfl®ARD
FOR THE CITY OF TIGARD, OREGON CoM*ty
17eveiopme*tt
shapcnq A Better
SECTION I. APPLICATION SUMMARY
FILE NAME:
FERN STREET ANNEXATION
CASE NO.:
Zone Change Annexation (ZCA) ZCA2002-00001
APPLICANT:
Ken Sandblast OWNER: Numerous Owners.
Planning Resources, Inc. List is available upon
8755 SW Citizens Drive, Suite 206 request.
Wilsonville, OR 97070
PROPOSAL:
The applicant is requesting to annex two (2) parcels into the City of
Tigard. However, the City of Tigard finds it appropriate to annex
additional parcels which are considered in two options.
CURRENT
ZONING
DESIGNATION:
R-7.
EQUIVALENT CITY
ZONING
DESIGNATION: R-7, Medium Density Residential. The R-7 zoning district is designed
to accommodate attached single-family homes, detached single-family
homes with or without accessory residential units, at a minimum lot size
of 5,000 square feet, and duplexes, at a minimum lot size of 10,000
square feet. Mobile home parks and subdivisions are also permitted
Outright. Some civic and institutional uses are also permitted
conditionally.
LOCATION: 13998, 14040, 14050, 14125 and 14445 SW Fern Street; WCTM
2S10413C, Tax Lots 2400, 2200, 2100, 700 and 1000.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.320 and 18.390;
Comprehensive Plan Policies 2 and 10; Metro Code Chapter 3.09; and
ORS Chapter 222.
SECTION II. STAFF RECOMMENDATION
STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF5
ZCA2002-00001 - FERN STREET ANNEXATION 5114/2002 PUBLIC HEARING
Staff recommends that the Council find that the proposed annexation will not adversely
affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL
of the Annexation by adoption of the attached Ordinance (OPTION 2).
SECTION 111 BACKGRQUIND INFgKMA o l1gN
Site Information and Proposal Description:
The Fern Street annexation consists of five (5) parcels equaling 11.86 acres. The parcels
are within the City of Tigard's urban service area. The reason for annexing into the City of
Tigard is to include two (2) of the five (5) parcels in a 14 lot subdivision. The additional
parcels are due to Staffs contact with surrounding property owners that wished to be
included with this annexation application.
In addition, the Fern Street annexation would create a .46 acre island. Staff has attempted
to contact the owner of this property to be included with the proposed annexation with no
response. Therefore, staff is presenting Council with 2 ordinance options. The property is
already zoned with the County R-7 zoning designation and the proper zoning is concurrent
with the annexation according to Section 18.320.020.C of the Community Development
Code. The County zone will automatically convert to the City R-7 zone upon annexation
approval by Council.
Option #1
Approve the annexation of (5) parcels of approximately 11.86 acres into the City of Tigard
and create a .46 acre island described as WCTM 2S10413C, Tax Lot 02300.
Option #2
Approve the annexation of (6) parcels of approximately 12.32 acres into the City of Tigard
through the adoption of a separate ordinance by means of a double-majority. This includes
the .46 acre parcel.
Staff has notified all affected agencies and CIT members of the proposed annexation.
There was no objection to the annexation by those who returned comments. Staff has
reviewed the proposal for compliance with Metro Chapter 3.09, the Comprehensive Plan
Policies, the Tigard Development Code, and the Oregon Revised Statutes. As indicated in
the staff report to City Council, the proposed annexation meets the applicable standards.
Pursuant to Chapter 18.320.020.0 of the Tigard Development Code, the Comprehensive
Plan designation and the City's zoning is automatically applied to property upon approval of
the annexation by Council.
Vicinity Information:
The subject parcels are adjacent to the City of Tigard boundary, three (3) of which are north
of SW Oxalis Street. The remaining two (2) parcels are just north of SW Fern Street near
the Bonneville Power Administration property. The property on all sides of the proposed
annexation are zoned R-7.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF5
ZCA2002-00001 - FERN STREET ANNEXATION 5114/2002 PUBLIC HEARING
The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, 10.1.1,
10.1.2, and; Tigard Community Development Code Chapter 18.320.
Staff has determined that the proposal is consistent with the relevant policies of the
Comprehensive Plan based on the following findings:
Policy 2.1.1:
This Policy requires an ongoing citizen involvement program. The West CIT and
surrounding property owners have been notified of the public hearing and notice of the
hearing has been published in a newspaper of general circulation. The site has been posted
since March 291', 2002, and the hearing was announced at the April Citizen Involvement
meeting. There have been a number of opportunities for citizens to be involved in the
decision making process.
Policy 10.1.1:
This Policy requires adequate service capacity delivery to annexed parcels. The City of
Tigard Police, Engineering and Water Departments, NW Natural Gas, Tualatin Valley Fire
and Rescue, have all reviewed the annexation request and have offered no objections. This
policy has been complied with.
Policy 10.1.2:
This Policy pertains to boundary criteria for annexations and is satisfied. The property is
adjacent to the Tigard city limits.
Staff has determined that the proposal is consistent with the relevant portions of the
Community Development Code based on the following findings:
Section 18.320.020: This Section addresses approval standards for annexation
proposals and is satisfied because:
The applicable Comprehensive Plan Policies and Community Development Code provisions
have been reviewed and satisfied as previously indicated in this report.
The property is currently zoned R-7. Because this property is in the Urban Service Area, the
equivalent zoning has already been attached to the property, therefore, the property does
not need to be rezoned upon annexation.
Metro 3.09 requires the additional standards to be addressed in annexation decisions,
in addition to the local and state review standards. These are addressed and satisfied
as discussed below:
Consistency with the directly applicable provisions in an urban service provider
agreement or annexation plan adopted pursuant to ORS 195.065;
The processing has been done consistent with applicable Urban Service Provider
agreements.
Consistency with directly applicable provisions of urban planning or other agreement,
STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF5
ZCA2002-00001 - FERN STREET ANNEXATION 5114/2002 PUBLIC HEARING
other than agreements adopted pursuant to ORS 195.065, between the affected entity
and a necessary party;
The process required by the Development Code and Comprehensive Plan is consistent with
the Urban Planning Agreement for annexations.
Consistency with specific directly applicable standards or criteria for boundary
changes contained in comprehensive land use plans and public facility plans;
This has been discussed previously in this report and, as discussed, this criterion is satisfied.
Consistency with specific directly applicable standards or criteria for boundary
changes contained in the Regional Framework Plan or any functional plans;
Because the Development Code has been amended to comply with applicable Metro
functional plan requirements, by complying with the Development Code and Comprehensive
Plan, the annexation is consistent with the applicable Functional Plan and the Regional
Framework plan.
Whether the proposed changes will promote or not interfere with the timely, orderly
and economic provisions of public facilities and services;
The proposed annexation will not interfere with the provision of public facilities or services
because it is adjacent to existing city limits and services. Many services have been
extended to the subject parcels as a result of earlier development.
If the proposed boundary change is for annexation of territory to Metro, a
determination by Metro Council that the territory should be included in the urban
Growth Boundary shall be the primary criterion for approval;
The subject property is already within the Metro boundaries.
Consistency with other applicable criteria for the boundary change in question under
state and local law.
Consistency with other applicable criteria has been discussed previously in this report
SECTION V. OTHER STAFF COMMENTS
The City of Tigard Engineering, Building, Police Department, Tualatin Valley Fire and
Rescue, Public Works, and Water Department have all reviewed this proposal and have
offered no objections to annexation.
STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF5
ZCA2002-00001 - FERN STREET ANNEXATION 5114/2002 PUBLIC HEARING
SECTION VI. AGENCY COIlI MENTS
NW Natural Gas, Tri-Met Transit Development, Metro Land Use & Planning and Washington
County have had the opportunity to review the proposal and have offered no objections.
BASED ON THE FINDINGS; INDICATED ABOVE, PLANNING.'. STAFF
APPROVAL. OF ZONE 'CIiAP1(~E ANNEXATION(ZCA)20.0240001 - 'FEkk STREET
'ANNEXATION.
Y O
PREPARED Y• a :@egger
Assistant/Planner
Z~7
l
APPROVED BY:
RicharodwersdorFf
Planning Manager
April 24.2002
DATE
April 24. 2002
DATE
STAFF REPORT TO THE CITY COUNCIL PAGE 5 OF5
ZCA2002-OOMI - FERN STREET ANNEXATION 5114/2002 PUBLIC HEARING
AGENDA ITEM # to
FOR AGENDA OF May 14.2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE _ Skateboard Park Funding Authorization and Design Contract Award
PREPARED BY: Dan Plaza DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Council is being asked to award an RFP for architectural conceptual design services for a skateboard park facility.
City Council, at the January 15, 2002 study session, agreed to the Skateboard Park Task Force request for $20,000
in seed money to provide architectural conceptual design services and to cover some of the initial costs of the Task
Force. This matter is before the Council to award the RFP and to formalize Council's positive intent stated at the
January 15, 2002 study session.
STAFF RECOMMENDATION
Staff recommends that the Council award the contract to Purkiss Rose, RSI.
INFORi~1ATION SUMMARY
The Mayor established a Skateboard Park Task Force. The Task Force now consists of three sub-groups:
Design, Site Selection and Finance Committees. There have been three general membership meetings. As well
as many sub committees meetings with attendance ranging from five to as many as eighty interested citizens. A
final site location and funding for development.of the facility are issues that remain unresolved at this time.
On January 15, 2002 at a Council Study Session, Rich Carlson, Task Force Chair, requested that Council
authorize $20,000 in seed money for use in hiring a design consultant and to cover some of the initial costs of
the Task Force. Some of the initial costs include printing, copying, and possible transportation costs associated
with visiting other skateboard facilities, etc.
The Council informally approved the Task Force's request and an RFP seeking architectural design services
was prepared and subsequently released on February 20. The RFP's were due on March 27. The City received
five RFP's (shown below). Purkiss Rose, RSI submitted the low cost for design services at $9,250.
➢ Airspeed Skateparks $30,000
A MIG with Dreamland $19,998
➢ Crow/Clay & Assoc. $19,974
➢ Lawrence Moss & Assoc. $10,000
➢ Purkiss Rose Landscape $ 9,250
OTHER ALTERNATIVES CONSIDERED
Council not award contract to design skateboard facility.
VISION TASK FORCE GOAL AND ACTION COMWME STRATEGY
Urban and Public Services, Recreation #1, "....providing opportunities for the Tigard community."
Parks and Greenways #2, Strategy, "Acquire and develop parkland"
ATTACOMEENT LIST
1. Transcription of Mr. Carlson's request for City funding and Mr. Monahan's response at January 15, 2002
Council Study Session.
2. Minutes of January 15, 2002 Council Study Session (in particular, item #4)
FISCAL NOTES
Council informally approved the Task Force's request for $20,000 in seed money for the provision of design
services and to cover some of the Task Force's initial costs. The cost for the design services is $9,250 and the
hands are available in the Park Division Budget.
ATTACHMENT #1
May 14, 2002
Skateboard Park Funding Authorization and Resign Contract Award
January 15, 2002 Council Meeting
Rich Carlson's request for $20,000 seed money and Bill MMonahan's
response to request
Carlson's Request
...what the Task Force would hope to talk to you about is seed money, up to $20,000 to
hire a consultant to develop (scratchy) a conceptual design and then to cover some of the
initial costs assuming that this goes forward and we get into a fund raising mode. There
will be printing costs, there are already photocopying costs and there would probably be
some transportation costs and I guess what we would request and what we would add is
to authorize staff to expend those funds in support of this feasibility study up to that
amount. And, I don't want you to think that we would just go out and hire a consultant
without any idea where we would put this park as I discussed with Bill this afternoon the
idea of the design and site location kind of goes hand in hand. So we would like to have
the consultant be available to help in the site location process and then begin to design as
we move forward.
ltlonahan Response
In my discussions with Rich - as we have been seeing this come together, I'm likening
this to how we've went about the library process - that we went out for proposals, we
chose an architect to who we said work with us to develop the need, then work with us in
helping to identify the criteria for site, help us identify a site, then help us do a
preliminary design, and get us to where we are. And, we had the ability to stop anywhere
along the way if we didn't think it was working out. And, Rich expressed to me that he
was comfortable with that. And, even if we got to the point that if we couldn't come up
with a site decision we'd have something to then display and when someone can identify
a site we're ready to move if that's the direction the Council wanted to go. But, I think
we can control it so that if you authorized up to $20,000 we wouldn't necessarily be
spending all of it unless we were getting closer and closer to a solution.
Transcribed by Dan Plaza, February 10, 2002
Attachment 2
EXCERPT FROM
MINUTES
TIGARD CITY COUNCIL WORKSHOP MEETING
JANUARY 15, 2002
4. UPDATE ON SKATEBOARD PARK TASK FORCE
Public Work Director Ed Wegner and Parks Manager Dan Plaza were present. Mr.
Wegner introduced Mr. Rich Carlson who Is the chairman of the Skateboard Park
Task Force. Other Skateboard Park Task Force members attending were: Brendon
Schild, Linda Schild, Dave Morrison, Donnie Morrison, Sam Carlson, and Jeffrey
Johnson.
Mr. Carlson updated the Council on the progress of the Task Force. (A copy of the
staff report is on file in the City Recorder's office.) The Task Force has received
information from representatives who are associated with skateboard parks in the area.
These parks included the City of Tualatin and the Chehalem Parks and Recreation
District. There was discussion on the subcommittees created: Design, Site Selection
and Fundraising.
It was noted that the City's insurance costs should not increase because of the
skateboard park; however, the insurance carrier should be asked for input during the
design process.
Skateboard parks are low maintenance. It was suggested that a board be formed to
review maintenance issues.
Fundraising efforts will be needed from both adults and young people. Chehalem
Parks and Recreation hired a professional fundraiser. In order to obtain in-kind
contributions, many specifics must be known concerning what items are needed for a
skateboard park.
The Design Subcommittee is working on preparing a short list of potential designers
for skateboard park conceptual plans.
The City of Tualatin raised $165,000 for its skatepark and Mr. Carlson said he
thought Tigard could raise more than that.
Mr. Carlson noted that the Skateboard Park Task Force requests Council to consider
allocating up to $20,000 to hire a design and site location consultant. Public Works
Director Wegner advised that funds would be available for this allocation In the Parks
budget. Consensus of Council was to support this request (up to $20,000). Staff
will prepare a proposal for formal Council consideration.
AGENDA ITEM # `
FOR AGENDA OF May 142402
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Library Summ plate
PREPARED BY: Margaret Barnes DEPT HEAD OK CITY MGR OK k'y
Update on the Summer Reading Activities at the Library.
No action necessary.
INFO NATION SUMMARY
The goal of Summer Reading is to have families use the library and to encourage children to read for recreation
during the summer. The theme this year is "Don't Bug Me I'm Reading." Both the children's and teen programs
will begin on Monday, June 17 and continue through Saturday, August 3. A wide variety of events are planned for
Summer Reading including: "The Reptile Man," "Tom Question Juggling" and storytime with TVF&R. Some of
the programs are scheduled to take place in Fanno Creek Park behind the Library.
Special outreach plans this year include library staff visiting summer day camp and daycare centers to sign children
up for Summer Reading. Throughout Summer Reading, staff will periodically return to these centers. In this way,
the programs and services provided by the library are extended beyond the walls of the building.
None.
vrcrnN TASK ~nrrr'R r'-neT errs er rION COh0 iTTEE STRATEGY
A\JAVI
Goal #2: A wide array of opportunities for life-long learning are available in a variety of formats and used by the
community.
None.
None.
AGENDA ITEM #
FOR AGENDA OF May 14.2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Finance Department Overview
PREPARED BY: Craig Prosser DEPT HEAD OK _ CITY MGR OK
ISSUE BEFORE THE COUNCIL
Informational briefing only
STAFF RECOMMENDATION
No action required
INFORMATION SUMMARY
Staff will present an informational overview on the structure, successes, and future priorities of the Finance
Department.
OTHER ALTERNATTVE5 CONSIDERED
NA
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
NA
ATTACHMENT LIST
PowerPoint Presentation
FISCAL NOTES
NA
City of Tigard
Finance Department
Overview
r
May 14, 2002
f/
r.
Administration Division
Craig Prosser
s Department Management
■ Annual Financial Planning Process
e Annual Budget Process
s Franchise Management
■ Management Studies
■ Fees and Charges Reviews «
e Business Tax
e Assessments and Liens
■ Bond Issuance & Debt Management
Utility Billing Section
Water and Sewer
Billing
■ Collection of Past Due
Accounts
e Customer Support
r Meter Reading Back
Up
Financial Operations
Division
Tom Imdieke
o Sections
-Accounting
- Utility Billing
- Finance Support
Utility Billing Section
Performance Measures
- Water Accounts - 15,872
- Utility Bills mailed -
104,528
- Ratio of current water bills
past due to total billed -
2.00%
1
Accounting and Financial Reporting
Section
e General Ledger
a Accounts Payable &
Receivable
■ Payro!I
s Purchasing/Contracts
Management
a Consolidated Annual
Financial Report (CAFR)
Financial Operations Support
Section
■ Budget Process
a Solid Waste Franchise Management
e Rate Reviews/Rate setting
o Special Studies
Office Services Section
Desktop publishing projects
■ Web site management (content)
s Switchboard
■ Clerical support - city-wide
■ Mail services
r Conference room scheduling c .
■ Fleet scheduling
■ Management of city copy
machines
Accounting and Financial Reporting
Section
■ Performance Measures
- Payroll Checks processed per
year - 6,800
- Check requests/invoices
processed - 20,808
- Number of purchase orders
processed - 1,071
- City departments rating
Financial Operations'
customer service as good or
excellent - 100%
Office Services Section
v Performance Measures
- Average number of switchboard
I
calls per day - 520
P
L
r
- Average number of pieces of mail
44
s
per month - 6,245
- Outside room users rating
i
t
d
cus
omer serv
ce as goo
or
excellent - 90%
- Internal staff rating response and
accuracy as good or excellent -
90%
2
Records Management Section
■ Retention schedules for all City
records (paper and electronic)
o Records storage and retrieval
■ Archives
■ Records destruction
e Staff training
s Hold It, Stow It, or Throw It
Day
Successes
Financial Management & Budget
■ PGE Audit - recovered $310,746 In past due fees due
the City
r Fee and Charges Review - developed Master Fee
Resolution
a Performance Measurement
■ Budget Document Upgrade
o Won GFOA Budget Presentation Award
■ Developed and conducted a long range planning/priority
setting exercise for Executive Staff
Records Management Section
■ Performance Measures
- Number of new records entered Into the system per
month - 200
- Average time to retrieve records - 60 minutes
- In-house users rating customer service as good or
excellent - 95%
MME r{- '
~S
Municipal Court Section
■ Performance Measures
- Number of traffic citations processed per year - 5,500
- Number of trials docketed each year-1,035
- Cases disposed of within 90 days of citation - 85%
- Assessed fines collected within 30 days of Imposition
75%
Successes
Financial Management & Budget
■ Clty Department Support
- Arranged low-cost financing for Cook Park Improvements
- Management Studies - Meter Reading
- Bull Fountain Annexation Study
- Washington Square Regional Plan
- New Library - developed financial analyses for Ballot Measure
- WCCLS Funding - anaWed funding formula and levy options
- tabor Negotiations costing
3
Successes
Utility Billing & Financial
Operations
- Reduced the Number of Past Due Accounts
- Enhanced support to City Departments
- Water Rate Reviews
- Solid Waste Rate Review
- IJen Accounting/Tracking System-
- Implemented online utility bill payment program
- www.d.ugard.or.us
- Provided additional utility bill payment drop boxes
Successes
Office Services
■ Design and development of
the Citys new web page
■ Created Qty Fleet Pool and
check-out process
■ Developed annual conference
room customer service surveys
reservations and use +c
■ Developed annual internal
customer service survey
■ Training for City departments
on the updated Computer Use,
Electronic Mail and Internet
Policy
successes
Municipal Court
a Juvenile court study completed and jurisdiction of
requested cases transferred to Municipal Court
■ Renewed collection contract with an outside collections
agency
Successes
Accounting, Payroll, &
Purchasing
- Annual Audit/CAFR Upgrade
- Developed new citywlde grant application and
management process
- Received GFCA Financial Reporting Award
- Implemented citywide procurement card program
- Placed all City RFPs online - www.cl.Ugard.or.us
- Electronic Transfer of Employee Retirement and
Deferred Comp Contributions
Successes
Records l
■ 300 cubic feet of City records,
that met retention requirements,
were destroyed
■ Upgraded Clerk's Indexing
software
■ First annual Hold It, Stow It,
Throw It Day
■ Participated In the review and
update of the City Code
FY 2002-03 Priorities
Finance Administration
o Franchise audits ® Library Bond Issuance
■ City Financial Condition m Indonesian Training
■ Management Studies
- Building Inspections
- Water Meters
e FY 2003-04 Budget
Process
■ Performance
Measurement
4
FY 2002-03 Priorities
Financial Operations
a Implement GASS 34
■ Complete outsourcing of Utility Billing receipting
a Business Process Review
a Manage City's contracting manual
FY 2002-03 Priorities
Administrative Services
a Municipal Court Youth
Court review
a Expand the Municipal
Court Information on City
website
a Annual records
destruction
■ Train CRy departments on
records issues
a Review Records
Management software
options
■ Annual customer service
surveys
a Continued expansion of
the City s web site
5
AGENDA ITEM # /D,
FOR AGENDA OF May 14, 2002
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Tigard Recreation Association Fee Waiver Request
PREPARED BY: Liz Newton / DEPT HEAD OK CITY MGR OK &
ISSUE BEFORE THE COUNCIL
Should the Council approve a request by the Tigard Recreation Association for a waiver of fees for the use of Cook
Park?
STAFF RECOMMENDATION
Approve the request by the Tigard Recreation Association for a waiver of fees for the use of Cook Park.
INFORMATION SUMMARY
The Tigard Recreation Association made a request of the Tigard City Council for community events funding of
$800.00 in cash and $94.00 in-kind services. The purpose was to underwrite the cost of three "Children's Concerts
in the Park" that would be sponsored by the Tigard Recreation Association. The Council decided not to fund the
program but agreed to consider a request for a waiver of fees for the use of Cook Park
The Tigard Recreation Association has decided to sponsor one "Children's Concert" in Cook Park on August 20.
The fee for the use of the park is $43.00 ($33.00 for one hour and $10.00 to process the application). The
Association requests that the Council waive the $43.00 fee.
OTHER ALTERNATIVES CONSIDERED
Deny the request for waiver of fees.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Community character and quality of life, volunteerism, Goal No. 1, "City will maximize the effectiveness of the
volunteer spirit to accomplish the greatest good for our community."
ATTACHMENT LIST
None
FISCAL NOTES