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City Council Packet - 07/13/2004 CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING July 13, 2004 COUNCIL MEETING WILL DE TELEVISED ,:,as,~s,~„ 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 i4 fti ; Agenda Item No. 3, Meeting ofr COUNCIL MINUTES TIGARD CITY COUNCIL MEETING July 13, 2004 The meeting was called to order at 6:30 p.m. by Mayor Dirksen. Council Present: Mayor Dirksen, Councilors Moore, Sherwood, Woodruff • EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:30 p.m. to discuss exempt public records and employment related issues under ORS 192.660(2)(f) and (h). City Manager Monahan reviewed the parameters for the conduct of Executive Sessions. Executive Session recessed at 6:32 p.m. Study Session convened at 6:45 p.m. e STUDY SESSION > REVIEW COUNCIL GROUNDRULES Mr. Monahan noted the Council is required to review its groundrules each year in July or August, and suggested this item be scheduled at the Council's August 17 workshop meeting. He asked Council to submit comments or suggestions regarding the groundrules by July 30. Council concurred with Mr. Monahan's suggested schedule. > HEARING PROCESS FOR JULY 27, 2004 Community Development Director Hendryx distributed and reviewed a draft press release regarding the Bull Mountain Annexation Plan Public Hearing Details (Agenda Item No. SS1, Exhibit 1) which will be issued July 14 about the hearing on July 27. The press release explains where copies of the Bull Mountain Annexation Plan and staff reports will be available, testimony time limits, the conduct of the meeting, and the possibility of continuation of the hearing to July 28 and 29. Mr. Monahan noted that the business meeting on July 27 will begin at 6:30 p.m. with the hearing on the Bull Mountain Annexation Plan scheduled to begin at 7:30 p.m. He explained the anticipated overflow crowd will be accommodated in the City Hall lobby and the library, with city staff located in each area calling out names of the next three to five citizens scheduled to speak. As their names are called, citizens will be directed to make their way to the reserved seating area in the Town Hall to wait for their turn to testify. There will be a time limit imposed on all speakers. COUNCIL AGENDA -JULY 13, 2004 page 1 Councilor Woodruff suggested flexibility for the hearing, with the possibility of allowing a block of time for representatives of both the CPO 4B and Friends of Bull Mountain, and letting them manage how that time is used. Councilor Moore concurred this process would reduce duplication. Mayor Dirksen responded this would work for those who were part of the organized groups, but not for other speakers. Councilor Sherwood expressed her desire for speakers to avoid repeating what previous speakers had already stated. She hoped that the introduction Mayor Dirkson would make at the beginning of the hearing would request that speakers not duplicate what others have already stated. Mayor Dirksen commented that two minutes was too short, and suggested that speakers be given three minutes, which would not include the time when they are stating their name and address. Mr. Monahan stated the front row would be reserved for speakers, and reviewed how the timing system would work. Council concurred to allow each person to speak for three minutes during the hearing. Mr. Monahan explained the library will be closing July 16 and will be empty on July 27. The plan is to use the main area of the library as well as the Puett Room which will hold 40 to 50 people, for overflow crowds. Computer monitors will be available for people to see and listen to the proceedings. In addition, air conditioning will be on. Staff determined that the Water District Building auditorium was too far away from Town Hall for people to be located to listen to the hearing and then get to Town Hall when their name was called to testify. Time limits would be strictly followed. While Mayor Dirksen conducts the meeting, he would assist in timing the speakers. Mr. Monahan explained this was a land use action which required that certain criteria be followed for the conduct of the hearing. No public demonstrations, booing, and similar actions would be allowed. Mr. Hendryx asked Councilors to notify him of any changes to the draft press release, as the press release would be sent to the media in the morning. Mr. Monahan indicated copies of the staff report would be available at the police window because the library will be closed. The meeting on July 27 would be telecast; however if the hearing is continued to July 28th or 29th, the meetings would be taped in order to be shown on the monitors, but not rebroadcast. Mr. Monahan stated if citizens wanted to include information in the Council packet, the deadline to submit that material is noon on July 22. The hearing is a legislative action, with the COUNCIL AGENDA - JULY 13, 2004 page 2 Business Meeting beginning at 6:30 p.m., and the hearing on the Bull Mountain Annexation Plan will start at 7:30 p.m. The Council concurred with the proposed public hearing details for the Bull Mountain Annexation Plan Public Hearing. > ADMINISTRATIVE ITEMS ■ Mr. Monahan explained in the past, Library Director Margaret Barnes was the primary liaison to the Cooperative Library Advisory Board (CLAB), and he was the alternate. Meeting location rotated among the member cities. In the past, CLAB involvement ranged from recommending placement of the operating levy on the ballot to hiring the library director. Mayor Dirksen asked if it was more appropriate for the primary liaison be senior library staff with a member of the council being the alternate. Mr. Monahan replied that worked well. Councilor Sherwood volunteered to be appointed as alternate if Ms. Barnes was the primary appointment. Mr. Monahan noted he would forward the information to CLAB. • Mr. Monahan indicated WCCLS held two votes last week. The first motion to recommend to the Washington County Board of Commissioners that they place the library levy on the November 2006 ballot failed by a vote of 4-6; the second motion to recommend to the Washington County Board of Commissioners that the library levy be placed on the November 2004 ballot passed by a vote of 8-2. ■ Calendar Review July 20, City Council Workshop meeting July 27, City Council Meeting - Business Meeting July 28, July 29, and August 3 - City Council possible carry-over dates. L . Mr. Monahan indicated Metro Councilor Carl Hosticka will hold a meeting 2 at Tigard Town Hall with elected officials from the area that he and Mayor Dirksen will be attending at 5 p.m. on July 15. Other Councilors may attend but this would not be a special meeting that would need to be noticed. o: ■ Mayor Dirkson explained that when he became mayor, he had proposed holding a community/citizen fair. He has worked with Assistant to the City Manager Liz Newton on this proposal. COUNCIL AGENDA - JULY 13, 2004 page 3 Ms. Newton explained the Tigard Blast is being held the same weekend on September 18, and she has been working with Tyler Ellenson to combine the two events. There will be a parade on Burnham Street, with the parade starting in the Verizon lot. There will be displays on Burnham Street relating to City programs, such as the skatepark, the Youth Advisory Council, and departments such as Public Works, Police, and Tualatin Valley Fire 8t Rescue. The intent will also tie activities to the new library. Other organizations such as soccer clubs, churches, and gymnastic programs, may be invited to participate as well. The Council concurred to proceed with the Citizens Fair on September 18 as described. ■ Mr. Hendryx explained that Metro and the Oregon Department of Transportation (ODOT) received a $250,000 grant to study special transportation corridors in the metropolitan area. Tigard has been asked to submit the 99W corridor as a possible study area as it experiences severe impacts. Other proposed transportation corridors might include Beaverton's Beaverton-Hillsdale Highway and 99W from 1-5 south to King City. The study would be managed by Metro, but would focus on the selected transportation corridors. It is not yet known what the focus would be, or what the outcomes might be. Metro asked for a commitment from city councils and surrounding communities if their corridor area was selected for study. Some outcomes for study areas might result in being required to change land use designs, frontage requirements and access Improvements onto these impacted corridors. If the 99W corridor is selected, he would keep the Council informed what the City's obligations and commitments might be. Councilor Sherwood and Mayor Dirksen indicated their interest is having 99W corridor considered by Metro. Councilor Moore commented he is a member of the 1-5/217 Corridor Study committee. With over 30 representatives on that committee, sometimes it is hard to accomplish much, but he felt it was a worthwhile project. i Councilor Sherwood compared this to the committee studying affordable i housing issues. i ■ Mr. Monahan stated he had been told last week that King City would probably submit its financial information to the Council at tonight's meeting. If that is the case, he and other City staff was prepared to first COUNCIL AGENDA - )LILY 13, 2004 page 4 make copies for each Councilor and then assess the information and prepare an analysis for the Council to review. • Councilor Sherwood asked if Council was looking at the CF Tigard school property. Mr. Monahan explained that other buildings were being demolished and that the cafeteria/multi-purpose building might not be demolished. He and several city staff members looked at the building to see if there was any potential for city use. He noted all the electrical and heating for this building came through the buildings being torn down, but staff felt it could be preserved the way it was. There is potential but no current program has been identified to use the building. Regarding the question of whether it should be preserved, the answer is probably yes, for a future park and recreation use. Some people from the School District were present during the visit. He thought an arrangement could be made to preserve the building. There was interest by Broadway Rose to save the building for some future use. The question for the School District is whether to spend several thousand dollars to preserve an asset that could be used as community room, but the School Board might have a different view. There have been discussions with the School District about preserving this building. What he said when he visited the property was that he did not believe the City had identified any need for it, but he hoped that the building could be saved. Study session recessed at 7:30 p.m. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the City Council and Local Contract Review Board to order at 7:33 p.m. 1.2 Roll Call: Mayor Dirksen, Councilors Moore, Sherwood and Woodruff were present, Councilor Wilson was excused. 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports Councilor Sherwood indicated she had a report to make. 1.5 Call to Council and Staff for Non-Agenda Items Mr. Monahan noted that items #8 and #7 needed to be switched, and the City Manager's Agreement would be added to the agenda under Non-Agenda items. 2. VISITOR'S AGENDA ■ Representative from the Tigard Area Chamber of Commerce - did not attend COUNCIL AGENDA - JULY 13, 2004 page 5 ■ Keshmira McVey, 13525 SW Beef Bend Road, unincorporated Bull Mountain, read a statement relating to posting signs concerning the Bull Mountain Annexation public hearing on July 27 (Agenda Item #2, Exhibit 1). Ms. McVey indicated that some of their signs had been removed. She noted of the 13 signs that had been placed, only three remain. Mr. Monahan replied he did not know of anyone removing signs. Ms. McVey stated that Tigard's Code Enforcement Officer Christine Darnell had indicated signs were inappropriately placed. ■ Larry Gage, 15149 SW Cabernet Drive, unincorporated Bull Mountain area resident, requested that Tigard City Council postpone taking action on the Bull Mountain Annexation Plan for nine months in order to give Bull Mountain residents time to study all available options. Mr. Gage read a statement into the record (Agenda Item No. 2, Exhibit 2), and indicated that letters from Metro Councilor Carl Hosticka (Agenda Item No. 2, Exhibit 3), State Representative Philip Yount (Agenda Item No. 2, Exhibit 4), State Representative Jerry Krummel (Agenda Item No. 2, Exhibit 5), Citizen Participation Organization CPO 4B signed by Holly Shumway and Ken Henschel (Agenda Item No. 2, Exhibit 6), Citizen Participation Organization CPO 4K by Kathy Stallkamp and LuRee Krygier (Agenda Item No. 2, Exhibit 7), and King City Mayor James Wilkinson were included with his statement (Agenda Item No. 2, Exhibit 8). In addition, petitions were attached (Agenda Item No. 2, Exhibit 9) which included the following statement: "We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options." The petitions were signed by 1,032 residents living on unincorporated Bull Mountain. Mr. Gage stated that if the Tigard City Council were to grant this nine-month delay, it would avoid litigation that would be filed if the Bull Mountain Annexation is put on the November 2004 ballot. ■ Dick Franzke, 14980 SW 133rd Ave., Tigard, Oregon, stated tonight when he asked to see a copy of the Council's groundrules, the staff person signing people in could not find a copy. He felt that the two-minute time limit is not sufficient amount of time to testify about such an important and complex issue as this. Mayor Dirksen stated the July 27 hearing is a land use proceeding and everyone who wishes will get an opportunity to testify. The Council has set three minutes per person to allow everyone a chance to testify. Mayor Dirksen pointed out the June 22 meeting was a Council Agenda item that did not require public comment, COUNCIL AGENDA -JULY 13, 2004 page 6 but had chosen to take public comment. In that regard, Council had complete control over how much time each person could speak and whether or not public testimony would be taken at all. Mr. Franzke responded three minutes still would not be sufficient time for everyone to present their view, and maybe there is a better way to allocate time between the people who have very little to say and those talking about more complex issues, but each person deserves time to present their views. Councilor Woodruff pointed out that Council discussed the issue of organizing that public hearing including time limits for the upcoming meeting on July 27 in their earlier study session. He noted that Lisa Hamilton-Treick attended that meeting and might share information from that meeting with him. ■ Gretchen Buehner, 13249 SW 136th Place, Tigard, Oregon, stated that her step-son, Josh, was selected to be a member of the United States Rowing Team in the upcoming Olympic Games. • Charles Radley, 15729 SW Colyer Way, Tigard, Oregon, asked for clarification on the hearing on the Bull Mountain Annexation Plan on July 27, and the item on the August 10 Council Agenda. Mr. Monahan replied the July 27 hearing is a legislative land use hearing on the annexation plan. Council is scheduled to take action on the plan on July 27, but there is a possibility that the hearing could be continued to July 28 and July 29. If Council adopts the Bull Mountain Annexation Plan, the Council has tentatively placed consideration of the ballot title on the Council's August 10 meeting agenda to place the issue on the November 2, 2004 ballot. Mayor Dirksen explained this is a multi-step process, where the Annexation Plan is first considered, and then there is a potential to put the issue on the November 2, 2004 ballot for voter consideration. ■ Holly Shumway, 14535 SW Woodhue, unincorporated Bull Mountain, asked how the public testimony would be timed at the July 27 and August 10 meetings. She noted that two minutes was not adequate time. Mayor Dirksen replied the Council at its study session before this meeting discussed time limits, and concurred to increase the time limit to three minutes per person. Mr. Monahan explained how the City's timing system worked. He also noted that a press release would be issued tomorrow providing additional details about the public hearing process on July 27, and where staff materials would be accessible. COUNCIL AGENDA -JULY 13, 2004 page 7 Written materials from citizens need to be received by noon on July 22 to be included in the Council packet. Written materials can still be brought to the meeting as well and would be distributed to Council. Mr. Monahan gave Ms. Shumway a copy of the draft press release but noted some changes might be made before its final release. ■ Ken Henschel, 14530 SW 144th Avenue, unincorporated Bull Mountain, expressed concern about the June 22 Council meeting, regarding the "hearing" on the annexation white papers. He stated Mayor Dirksen "opened the public hearing," but then chastised people in the hearing. He asked for clarification on whether that was a public hearing or not because it sounded like it was. Mayor Dirksen explained it was not a legally required land use action requiring a public hearing. He apologized to citizens if they felt he had chastised them in any way. City Attorney Gary Firestone explained that legally, Council was not required to hold a public hearing on the white papers, as it was not a land use issue, but had indicated the Council would take public comment from citizens on the white papers. The term "public hearing" Is used when public comments are taken. City Attorney Firestone explained that the decision on June 22 was to approve a resolution accepting the white papers, which is not a land use decision. The proceeding on July 27 is a public hearing on a land use issue. Mr. Henschel stated he was disappointed in the way citizens were treated on June 22. 3. CONSENT AGENDA: Motion by Councilor Sherwood, seconded by Councilor Woodruff, to adopt the Consent Agenda as follows: 3.1 Approve Council Minutes for June 8 and 15, 2004 3.2 Receive and File a. Council Calendar b. Tentative Agenda 3.3 Approve Budget Amendment #1 to Increase Appropriations for Funding of the SEIU Labor Agreement and Management Cost-of-Living - Resolution No. 04 - 49 3.4 Initiate Action to Transfer Jurisdiction of Certain County Roads Within the City to the City - Resolution No. 04 - 50 0 3.5 Local Contract Review Board: a. Award Contract for Moving Services to Lile Relocation Services COU14CIL AGENDA - JULY 13, 2004 page 8 b. Award Contract for the Construction of 100th Avenue and Murdock Street Sanitary Sewer (Sewer Reimbursement District No. 27) to Dunn Construction, Inc. The motion was approved by a unanimous vote of Council present: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Woodruff - Yes 3.5 c. Award Contract for City Labor Attorney Services to Bullard, Smith, Jemstedt, Wilson and Authorize City Manager to execute Councilor Sherwood declared a potential conflict of interest as her cousin was married to an attorney working for Bullard, Smith, Jemstedt, Wilson, and would therefore abstain from participating In discussion and voting on this matter. Motion by Councilor Woodruff, seconded by Councilor Moore, to approve award of contract for City Labor Attorney Services to Bullard, Smith, Jemstedt, Wilson and Authorize the City Manager to execute the contract. The motion was approved by the following vote of those present: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Abstain Councilor Woodruff - Yes 4. TUALATIN VALLEY TELEVISION Marci Hosier, Executive Director of Tualatin Valley Television (TVTV), stated this was an annual report she was presenting to all member jurisdictions of TVTV. She then introduced Paul Sander, chair of the Board of Tualatin Valley Television. Paul Sander stated he was elected Chair of the Board in January, and indicated he and Ms. Hosier was visiting all the member jurisdictions. He continually is impressed with i the dedication of staff and volunteers to produce programs. He thanked the City of Tigard for its support of TVTV. i i Ms. Hosier presented a fact sheet (Council Agenda Item No. 4, Exhibit 1), and then read a statement (Council Agenda Item No. 4, Exhibit 2). Copy on file in City Recorder's Office. Councilor Woodruff asked if cable broadcasts could be seen on satellite television. COUNCIL AGENDA - JULY 13, 2004 page 9 Ms. Hosier explained that cable television was a franchise while satellite television was a franchised industry. Until that status changed, cable television shows would not be available via satellite. 5. UPDATE ON THE NEW TIGARD LIBRARY Library Director Margaret Bames presented a PowerPoint presentation on the progress of library construction and explained this should be the final presentation prior to physically moving the library collection to the new building. Ms. Barnes pointed out that the current library would be closing at 5 p.m. July 16 in order to begin moving to the new facility. The new facility should open sometime during the week of August 2, with the grand opening on August 21. Councilor Sherwood announced the Tigard Rotary and the Tigard Area Chamber of Commerce will hold a pre-grand opening event on July 30 to celebrate the reopening of the library. Tickets are $35 with a portion of the proceeds being donated to the library to be used to buy library furnishings. She noted that in addition to refreshments and music, there will be guided tours of the new library including areas that generally are not seen by the public. Councilor Moore pointed out when he first ran for city council eight years ago, he toured the present library and had commented at that time that a new library was needed. 6. CONSIDER AN ORDINANCE GRANTING A NON-EXCLUSIVE GAS UTILITY FRANCHISE TO NORTHWEST NATURAL Finance Director Craig Prosser presented his staff report and a PowerPoint presentation. The PowerPoint is on file in the City Recorder's office. Councilor Moore asked what was the status of hiring the right-of-way manager position Council approved in the current budget. Mr. Monahan explained the right-of-way manager position was approved by City Council in the Engineering Department. The Human Resources Department reviewed the specifications for the position within the market and the City's compensation package. The opening was advertised, applications received, and a pool of applicants interviewed by representatives from the Engineering, Finance and Human Resources Department. At the end of the process, staff was not satisfied with the pool of applicants, and sent it back to Human Resources Department as everyone felt a higher COUNCIL AGENDA -JULY 13, 2004 page 10 compensation and higher expectations was required. This is not a common position. Mr. Prosser agreed with Mr. Monahan's comments. Motion by Councilor Moore, seconded by Councilor Sherwood, to adopt Ordinance No. 04-06. ORDINANCE NO. 04-06 - AN ORDINANCE GRANTING A NON-EXCLUSIVE GAS UTILITY FRANCHISE TO NW NATURAL AND FIXING TERMS, CONDITIONS, AND COMPENSATION OF SUCH UTILITY AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES THAT CONFLICT HEREWITH, AND DECLARING AN EMERGENCY. The motion was approved by a unanimous vote of Council present: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Woodruff - Yes NOTE: Item No. 8 was considered at this time. 8. CONSIDER A RESOLUTION COMMENDING THE TRANSPORTATION FINANCING STRATEGIES TASK FORCE FOR A JOB WELL DONE City Engineer Gus Duenas explained that the Transportation Financing Strategies Task Force completed their tasks. The Committee was comprised of Beverly Froude (Chair), Paul Owen (Vice Chair), Cam Gilmour, Mayor Craig Dirksen, Councilor Brian Moore, Joe Schweitz; Planning Commission Representative Glenn Mores, Planning Commission Representative John Olsen, and Steve Clark. Motion by Councilor Woodruff, seconded by Councilor Sherwood, to approve Resolution No. 04-51. RESOLUTION NO. 04-51 - A RESOLUTION TO ACKNOWLEDGE THE ACCOMPLISHMENTS OF THE TRANSPORTATION FINANCING STRATEGIES TASK FORCE, TO DECLARE THIS PHASE OF THE TASK FORCE WORK AS COMPLETED, AND TO COMMEND THE TASK FORCE MEMBERS FOR A JOB WELL DONE. The motion was approved by a unanimous vote of Council present: COUNCIL AGENDA -JULY 13, 2004 page 11 Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Woodruff - Yes Mayor Dirksen noted in addition to himself and Councilor Moore, Beverly Froude and Joe Schweitz were present at tonight's meeting; city pins were presented to Ms. Froude and Mr. Schweitz. 7. CONSIDER A RESOLUTION RECONSTITUTING THE TRANSPORTATION FINANCING STRATEGIES TASK FORCE City Engineer Duenas explained that the Transportation Financing Strategies Task Force needs to continue with the task force of evaluating funding strategies for major street improvements and several members of the original committee were unable to continue. In addition, there will be Increased representation from the business community on the Task Force. Members of the Task Force will include Beverly Froude, Paul Owen, Cam Gilmour, Councilor Nick Wilson, Joe Schweitz; Planning Commission Representative Gretchen Buehner, Basil Christopher, and Steve Clark. Representing the Oregon Grocery Association on the Task Force will be Joe Gilliam as the primary member with Dan Floyd as the Association's alternate. In addition, the Tigard Area Chamber of Commerce and the Washington Square properties will both recommend representatives. Those appointments will be brought to Council at a later date. Motion by Councilor Moore, seconded by Councilor Woodruff, to approve Resolution No. 04-52. RESOLUTION NO. 04-52 - A RESOLUTION TO RECONSTITUTE THE TRANSPORTATION FINANCING STRATEGIES TASK FORCE TO EXPLORE FEASIBLE FUNDING STRATEGIES FOR MAJOR TRANSPORTATION IMPROVEMENTS, PRESENT FINDINGS, PROVIDE RECOMMENDATIONS TO CITY COUNCIL ON THOSE STRATEGIES THAT SHOULD BE FURTHER PURSUED, AND ASSIST IN THE DEVELOPMENT AND IMPLEMENTATION OF THOSE STRATEGIES. The motion was approved by a unanimous vote of Council present: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Woodruff - Yes COUNCIL AGENDA - JULY 13, 2004 page 12 Mayor Dirksen noted in addition to previous members Beverly Froude and Joe Schweitz recognized earlier, new members present were Basil Christopher and Gretchen Buehner. Mayor Dirksen presented city pins to the new Task Force members. NOTE: Item No. 8 was considered before Item No. 7. 8. CONSIDER A RESOLUTION COMMENDING THE TRANSPORTATION FINANCING STRATEGIES TASK FORCE FOR A JOB WELL DONE 9. RECEIVE INFORMATION ON SECOND ANNUAL NATIONAL NIGHT OUT Police Public Information Officer Jim Wolf presented a PowerPoint Presentation. The PowerPoint is on file in the City Recorder's Office. Mr. Wolf noted the National Night Out is held the first Tuesday of August each year and that neighborhood groups are encouraged to pre-register to ensure someone from the Police Department or the Tualatin Valley Fire ex Rescue can be available to attend every neighborhood event. An application can be downloaded from the City of Tigard website on the Police Department's homepage. 10. PUBLIC HEARING (QUASI-JUDICIAL) - PUBLIC RIGHT-OF-WAY STREET VACATION FOR SW 72ND AVENUE (VAC 2004-00001) The Tigard City Council considered the proposed vacation involving an approximately 4,387 square foot portion of SW 72nd Avenue, near the intersection of SW 72nd Avenue and Bridgeport Road. The portions of SW 72nd Avenue that have been requested to be vacated are to the southwest of the Borders/Bed Bath and Beyond commercial center. The reason for the vacation request is for the realignment of SW 72nd Avenue in connection with the relocation of the Bridgeport Village restaurant and the Durham Quarry commercial center. The applicant's client, Opus Northwest has been approved for Site Development Review for a new access into the Borders/Bed Bath and Beyond commercial center (SDR2003-00017) in conjunction with the relocation of the Bridgeport Village restaurant. The approval has been conditioned upon the successful completion of the requested vacation. The majority of the land underlying the former right-of-way is within the jurisdiction of the City of Tualatin. However, the three small segments (0.1 acres total) are subject to Tigard's jurisdiction. With the successful vacation of the requested right- of-way, the subject square footage would be incorporated into adjoining parcels within the City of Tigard. COUNCIL AGENDA - JULY 13, 2004 page 13 The request was flied with the City on March 17, 2004 and initiated by the City Council at the request of the applicant on May 11, 2004. City Attorney Firestone read the opening statement regarding the conduct of the public hearing. a. Open Public Hearing Mayor Dirksen opened the public hearing. b. Declarations or Challenges City Attorney Firestone read 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? Councilor Moore stated he drove this route every day. Have all members familiarized themselves with the application? All members indicated they were familiar 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? There were no challenges. C. Staff Report: Community Development Department Community Development Director Jim Hendryx presented the staff report and relayed that staff recommended approving the vacation. d. Public Testimony Mayor Dirksen read the following: • 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. There was no public testimony. e. Staff Recommendation Mr. Hendryx stated that staff recommended approval the vacation. COUNCIL AGENDA -JULY 13, 2004 page 14 f. Council Questions Mayor Dirksen asked when the replacement right-of-way would be transferred to the City. Mr. Hendryx replied it would be sometime after the project was completed. g. Close Public Hearing Mayor Dirksen closed the public hearing. h. Council Consideration: Motion by Councilor Moore, seconded by Councilor Sherwood, to approve Ordinance No. 04-07. ORDINANCE NO. 04-07 - AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 4,387 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY BETTER KNOWN AS SW 72ND AVENUE WHICH LIES TO THE SOUTHWEST OF THE BORDERS/BED BATH AND BEYOUND COMMERICAL CENTER, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2004-00001), AND DECLARING AN EMERGECY. The motion was approved by a unanimous vote of Council present: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Woodruff - Yes 11. PUBLIC HEARING (INFORMATIONAL) - CONSIDER RESOLUTION FORMING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 30 (SW 121 st Avenue) a. Mayor Dirksen opened the public hearing b. Summation by Engineering Staff City Engineer Duenas introduced this item and gave a brief PowerPoint presentation on this Sanitary Sewer Reimbursement District. Mr. Duenas relayed the main points of the sewer reimbursement district incentive program. He noted that an existing sewer line runs in front of three lots on the south end of the project. These lots will be charged for the cost of the lateral installation only. The other 67 lots will participate fully in the reimbursement district. COUNCIL AGENDA - )ULY 13, 2004 page 15 Mr. Duenas explained the incentive program, stating the cost can be reduced to $6,000 to the extent that the charge did not exceed $15,000 if connection is made within three years after service becomes available. The amount over +$15,000 can be deferred upon request until development occurs. Each owner would also be required to pay the $2,535 connection and inspection fee, which funds treatment facility construction. The average bl-monthly service charge will be $50 which covers operation and maintenance of the entire system. If Council approves the proposal, the project is anticipated to be constructed this summer and completed by October. Council will then hold a hearing to finalize the project. Staff recommends that Council approve the resolution to form the Reimbursement District No. 30 (SW 121 st Avenue). C. Public Testimony ■ Lorraine Bettencourt, 13240 SW 121 st Avenue, Tigard, Oregon, explained she and her husband own the largest lot in the proposed district on 121 st Avenue (Tax Lot ID 2S103CA00303 with 51,494 sq. feet) and the estimated cost to them is $35,660. During the past 24 years, the entire house was rebuilt inside, and there is a barn and shop on the property and they have no desire to develop additional homes on their property. She did not understand why the assessment was based on square footage instead of frontage, as their frontage is about the same as everyone else. Ms. Bettencourt asked what the average life span of a septic tank was, whether their septic tank could last more than 15 years and if the city had a program available to help them with the cost. Mr. Duenas replied that was why the City adopted its incentive program. If they just wanted to hook on and not develop the rest of the property, all they would pay is $6,000. The rest of the $15,000 would be deferred until the property was developed. The intent is to give a break to those who have large pieces of property that just has one house they want to hook to the sewer. At the time the owner/developer filed the land use application, the rest of the deferred amount would be due. The reason for that is that the Bettencourt's could build up to four homes on the property. That one payment would cover the development costs to bring sewer to the area. There is a break they would receive if they hooked up to sewer within three years after the project is complete. That was why Council approved the incentive program. i Ms. Bettencourt asked Mr. Duenas if they were only to hook up their house and not develop the property, their cost would be $6,000. Mr. Duenas replied that was correct but they would be required to physically request a deferral of any amount over $15,000. He did not feel there would be any reason the City would not grant that request if they were just hooking up the existing house. They would also have to take advantage of this program within COUNCIL AGENDA - JULY 13, 2004 page 16 three years after the final resolution was approved. If they don't, then they would be required to pay the full amount of $35,000 plus interest. It is therefore to the property owner's advantage to hook up to the sewer line within that three-year period. Richard Bettencourt, 13240 SW 121st Avenue, asked if there was a payment plan available. Mayor Dirksen explained most homeowners could obtain a home equity line of credit In order to pay their assessment. He further explained that with large lots like the Bettencourt's, there is the possibility to subdivide and develop the property with four residences; they could then pass that cost onto the cost of developing the property. Everyone pays the minimum amount of $6,000, as well as the hook-up charge of $2,500. Ms. Bettencourt asked what the average life of a septic tank is and whether the Council thought their septic tank would last through the 15 years. The house was built in 1908. Councilor Moore suggested they contact a septic tank service to check their septic tank system out. Mr. Duenas pointed out to the Bettencourt's that if their septic tank failed and the sewer was available, they would be required to hook up to the sewer, not upgrade the septic tank. The life of most septic tanks was between 20 and 50 years. Mr. Monahan explained that the assessment clock did not start tonight if this resolution is approved, as the clock begins after the project is constructed, the final construction costs determined, and another hearing held to finalize the formation of the district at which time a resolution would be considered for approval to spread the costs to all the affected properties. The resolution before Council tonight shows the estimated cost to each property owner in the proposed district. Ms. Bettencourt asked how much of their property would be required to accommodate the sewer line. Mr. Duenas replied 121 st Avenue was proposed to be widened, but the City wanted to build the sewer line first. Plans were still being prepared for the i proposed widening. After the plans were complete, the City would begin negotiations with affected property owners to acquire the necessary right-of-way for the street widening project. COUNCIL AGENDA - JULY 13, 2004 page 17 E -M Mr. Monahan noted if property owners do not pay the full assessment cost, the remaining amount accrues interest at the annual Interest rate of 6.05% per year. This rate is part of a resolution adopted by City Council in 1998. Ms. Bettencourt asked for clarification of the process, and whether the cost that is shown In the resolution as a preliminary estimate would remain the same or change after the project is constructed. Mr. Monahan explained the actual cost of construction would not be known until the project is complete. After construction is completed, the Engineering staff will determine the total cost of the project, and spread the cost to all affected properties. The Council will hold a hearing to finalize the formation of the district and all affected property owners will receive a notice of that hearing and the amount of the final assessment. He pointed out if for example, the final assessment for their property was $35,660 (which could change due to the actual cost of the project of putting the lines in the street), when the $9,000 is deducted (which the City pays if the Bettencourt's participates in the incentive program by paying the $6,000 In the first three years), the Bettencourt's balance of $20,000 could remain deferred until later on when and if they decided to building additional homes. The $20,000 would accrue interest on an annual basis however. Mayor Dlrksen confirmed this program provides an incentive to the property owners to hook up to the sewer within three years. If they decide to develop the property and sell to a developer, that cost could be included as a condition of sale that the developer would be required to pay the remaining costs. Mr. Monahan explained the key for them would be to lock in the first connection within the first three years and save the $9,000 of the City's contribution from the dedicated sewer fund as an incentive for people to hook up. After the project is complete, all property owners will receive another notification of the final assessment and the date of the hearing. Mr. Bettencourt asked if they would still be required to pay the remainder of the $26,660. Mr. Duenas explained that the remaining fee would be required to be paid at the time the building permit was applied for when developing the rest of the property. Mr. Bettencourt asked if they could pay the $6,000 fee but continue using their septic tank. Mr. Monahan explained that when a property owner pays the $6,000 assessment and the connection charge, the property owners were required to have the lateral COUNCIL. AGENDA -JULY 13, 2004 page 18 connection made and disconnect their septic tank connection. He explained this was why they needed a professional to look at their system and given them advice. d. Staff Recommendation Mr. Duenas recommended approval of the resolution to establish Sanitary Sewer Reimbursement District No. 30. e. Council Discussion Mayor Dirksen noted difference of lot sizes also caused a difference in the amounts that each property owner would be required to pay, but the city provided an incentive to connect to the sewer in order for property owners to save money. f. Mayor Dirksen closed the public hearing. g. Council Consideration: Resolution No. 04 - 53 Motion by Councilor Moore, seconded by Councilor Sherwood, to approve Resolution No. 04-53. RESOLUTION NO. 04-53 - A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 30 (SW 121 ST AVENUE). The motion was approved by a unanimous vote of Council present: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Woodruff - Yes ■ Edward Bergstrom, 12165 SW Marion Street, Tigard, Oregon, suggested the City ` prepare flyers to be given to affected property owners to explain the proposed project and the incentive program that was available to property owners. 12. COUNCIL LIAISON REPORTS Councilor Sherwood stated she made her report under Item No. 5, relating to the Pre-Grand Opening Party at the library sponsored by Tigard Rotary and Tigard Area Chamber of Commerce. 13. NON AGENDA ITEMS CONSIDER CITY MANAGER'S EMPLOYMENT AGREEMENT a. Staff Report COUNCIL AGENDA -JULY 13, 2004 page 19 Mr. Monahan provided the Council with background information on this item. b. Council Discussion There was no discussion. C. Council Consideration: Motion by Councilor Moore, seconded by Councilor Sherwood, to authorize the Mayor to execute the City Manager's Employment Agreement. The resolution was approved by unanimous vote: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Woodruff - Yes The meeting adjourned at 9:20 p.m. Jane McGarvin, Deputy City Recorder Attest: Mayo , City of Tigard jj Date• W DM\CATHYICCM)2004\040713.DOC COUNCIL AGENDA -JULY 13, 2004 page 20 COMMUNITY NEWSPAPERS P.O. BOX 370 PHONE (503)684-0360 Legal BEAVERTON, OREGON 97075 Notice TT 10435 Legal 'City of Tigard I CITY OF TIGARD 13125 SW Hall Blvd. OREGON 'Tigard,Oregon 97223 Accounts Payable • NOTICE OF STREET VACATION & PUBLIC HEARING VACATION (VAC) 2004-00001 ® 72ND AVENUE PUBLIC RIGHT-OF-WAY STREET VACATION < AFFIDAVIT OF PUB The Tigard City Council will hold a public hearing on Tuesday July STATE OF OREGON, 13, 2004 at 7:30 PM at the Tigard City Hall, Town Hall Room, SS. 13125 SW Hall Boulevard, Tigard, Oregon 97223 to consider the COUNTY OF WASHINGTON, ) proposed vacation involving an approximately 4,387 square foot 1, Kathy Snyder portion of SW 72nd Avenue, near the intersection of SW 721d Avenue and Bridgeport Road. being first duly sworn, depose and say that 1 The portions of SW 72- Avenue that have been requested to be Director, or his principal clerk, of theTi 9-a re vacated are to the southwest of the Boarders/Bed Bath and Beyond a newspaper of general circulation as defins commercial center. The reason for the vacation request is for the and 193.020; published at__ Tigard _j realignment of SW 721 Avenue in connection with the relocation of aforesaid county and state; that the Pub 1 j the Bridgeport Village restaurant and the Durham Quarry commercial VAC 2 0 0 4 - 0 0 0 01.7 2nd Ave Right center. The applicant's client, Opus Northwest has been approved for a printed copy of which is hereto annexed, Site Development Review for a new access into the Boarders/Bed entire issue of said newspaper for TWO Bath and Beyond commercial center (SDR2003-00017) in conjunction with the relocation of the Bridgeport Village restaurant. consecutive in the following issues: The approval has been conditioned upon the successful completion of the requested vacation. June 2 4 ,July 1, 2 0 0 4 "e Majority of the land iiti&rlying the former right=of-way is' within Ime jurisdiction of the Cityof Tualatin. However, the three small segments (0.1 acres total) are subject to Tigard's jurisdiction. With the successful vacation of the requested right-of-way, the subject i square footage would be incorporated into adjoining parcels within the City of Tigard. , The request was filed With the City on March 17, 2004 and initiated Subscribed and sworn to efo me thislc+ by the City Council at the request of the applicant on May 11, 2004. Any interested person may appear and be heard for or against the proposed vacation of said 721 Avenue Public Right-of-Way Street Vacation. Any written objections or remonstrances shall be filed with ' tary'the City Recorder by 7:30 PM on July 13, 2004. Further information may be obtained from the Planning Division My Commission Expires: '(staff contact: Mathew Scheldegger) at 13125 SW Hall Boulevard, AFFInAVIT Tigard, Oregon 97223, .by calling 503-639-4171, or by email to matte@cl.tlgard.orus. 'TT.;10435:- Publish June 24, July 1; 2004. ag11e lauulp lagu -aloo sp Aw, a1q1 puu 1auulp ioj aguuga oq1 1u Pd avo pi V zip ol 0i ffliola;IioaO o1 jouq sent li preys aqs aiat ..p Bleu! ul,guuofuuz :du1 011130 stud 1slonn 0111 Senn 11„ sluopr" sI pue,(1lslantun sauluutunq pue slue ag13o aouwodtm IIVA PIOBIIuH a111 uo WM301 u 01 paualsll pealsul uo dald ol!gm sgof 1nq 1! m01 01 102 LUPIP A0111 '1u0111 sluopnl of putt awoq oS -luroddeslp s,pla3mH 011nq `umasnW g1 '~upsanl, uO 'U01sIH 1e1TURN S'uV1uoSg1!u!S Allg21 (10WAo2ulPuels3o oq1 1lsiA o1 1o2 dno1g oU 1Samgli aw2uls 1ea>$ sen+ a1n3 ,ul~lual3 os sum ag Nano - -nodal ulzuu!¢ ue uo Ind -.Ile um eq ($op. 4snEl aq1) ,(aulug •1003 Amid sum aas ptp aM srea:( 0M1 used 0111 1I auop umasn uld alogm oqs, •auo 1,usuq aq 1nq °siulog3s ag1 g1lnn'laaw -go3a1-1 aluasald .(aqy„ sluaplswd Alluoid~is„ -plus ogs gsng 1o3 uoy 1uaPisald aas 01 102 1,up!p oM„ u 144im .aging uo loam uagl 'P109111314 019ulpio33e '010111 sung u ut p I do do ou Oulu 01,(111101 oils Agm inoqu pasn3uo3 1!q u powaas upaui ,(Ae011 asogl Otis g2nogllu `gulpprig oAllnaoxg ua3lolq uo 2LBOR au r1 3o 1amoquaslg zqj 3o sdals aq1 uo sluap poload u01 u P0112I0M Aaq1 -n1s aqi qum sologd 103 asod o1 pue 1[SIA -plus PIOUMH 3auq u 1o3 Aq paddols gsng wnu-I u0113as 1 opuug aallluuuoD . unq )aa3 AW,, 'Pius plaUMH u uI 3111! !sold 011111 :sjiutjo alqu11o3uloa Allum puq 11„ -uUO3 e uua}I alp 1u Auou! •Suiplmg oAjln3Oxg iomoquaslg COMMUNE 35 P.O. BOX 37( BEAVERTON, OREGON 97075-V, Legal Notice Advertising • ❑ Tearsheet Notice 'City of Tigard 13125 SW Hall Blvd. • ❑ Duplicate Affidavit •Tigard,Oregon 97223 Accounts Payable • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) SS. COUNTY OF WASHINGTON, ) 1, Kathy Snyder being first duly sworn, depose and say thaYlda TLha I adertisinfl mes Director, or his principal clerk, of the` Laj a newspaper of general circulation as defined in ORS 193;0100 and 193.020; published at Ti- ar aforesaid county and state- that the Public Hearing/ _VAC2004-00001,72,nd Ave.R>_ght of Way a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for TWO successive and consecutive in the following issues: June 24,July 1,2004 Subscribed and sworn to efo me thisl y n f 1 v _ 2004 OFFICIAL SEAL ROBIN A BURGESS tary Public for Oregon l ,r..71u NOTARY PUBLIC-OREGON COMMISSION N0.344583 ~ , -)MMISSION FXPIRES MAY 16,' My commission Expires: AVIT- City of Tigard, Oregon Affidavit of Posting CITY OF TIGARD In the Matter of the Proposed Ordinance(s) OREGON STATE OF OREGON) County of Washington) ss. City of Tigard ) I being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of ordinance Number(s) Ord 04-07 , which were adopted at the City Council meeting of July 13, 2004 , with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the day of 206 V 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon (On August 2, 2004 when new Library repopens) 3. Tigard Water Building, 8777 SW Burnham, Tigard, Oregon Signature of Person who Performed Posting Subscribed and sworn (or affirmed) before me this 19' day of 20jaL. i OFFICIALSEAL Signature of otary Public for Oregon JILL M BYARS NOTARY PUBLIC-OAEt30N COMMISSION NO. 38'1793 MY COMMISSION EXPIRES JUNE 14, 2008 \\TIG333\USR\DEPTS\ADM\GREER\FORMSWFFIDAVITSV\FFIDAVIT OF POSTING - ORDINANCE.DOC 4-~l C'vun City of Tigard, Oregon Affidavit of Posting CITY OF TIGARD OREGON In the Matter of the Proposed Ordinances 04-01 through 04-15 STATE OF OREGON ) OP D M o. Oq- 0(0 to 07 County of Washington ) ss. 7 //3 I V q City of Tigard ) 1, 00--MZ(1-ne cLi~ , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I on December 15, 2005, I posted in the following public place, a copy of Ordinance Numbers 04-01 through 04-15-, which were adopted by the City Council. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon 7 6Uf I _ Signature of Person whoPerfornt d Posting Subscribed and sworn (or affirmed) before me this day of 20 . OFFICIAL SEAL W.DILL M BYARS NO TARY PUBLIC-MEGoly _ COMMSION NO. 3817 MY COMMISSION EXPIRES JJUNE 14, 2WQ Signature of Notary Public for Oregon I:Wm`preeNomsWM1dMStoRfCavK of post4q • 04 Of9nan=- 6601 to 01-15 - Pm* MM.0m COUNCIL- MEETING', JULY `l`3 2004 6:30 p.m.. CITY OF TIGARD OREGON .TIGARD CITY-HALL 1"3125 SV HALL BLVD TIGARD, OR ..97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA -JULY 13, 2004 page 1 AG EN D.A TIGARD CITY COUNCIL !MEETING JULY 13, 2004 6:30 PM • STUDY SESSION > REVIEW COUNCIL GROUNDRULES • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss employment-related items and exempt public records under ORS 192.660(2)(1) and 192.660(2)(f). 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(4), 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 at Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications st Liaison Reports 1.5 Call to Council and Staff for Non-Agenda items 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) • Representative from the Tigard Area Chamber of Commerce 7:40 PM 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes for June 8 and 15, 2004 3.2 Receive and File a. Council Calendar b. Tentative Agenda 3.3 Approve Budget Amendment #1 to Increase Appropriations for Funding of the SEIU Labor Agreement and Management Cost-of-Living - Resolution No. 04 - COUNCIL AGENDA -JULY 13, 2004 page 2 3.4 Initiate Action to Transfer Jurisdiction of Certain County Roads Within the City to the City - Resolution No. 04 - 3.5 Local Contract Review Board: a. Award Contract for Moving Services to Life Relocation Services b. Award Contract for the Construction of 100' Avenue and Murdock Street Sanitary Sewer (Sewer Reimbursement District No. 27) to Dunn Construction, Inc. C. Award Contract for City Labor Attorney Services to Bullard, Smith, Jernstedt, Wilson and Authorize City Manager to execute • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:45 PM 4. TUALATIN VALLEY TELEVISION a. Report by Marc! Hosier, Executive Director 8:00 PM 5. UPDATE ON THE NEW TIGARD LIBRARY a. Staff Report: Library Staff b. Council Discussion 8:15 PM 6. CONSIDER AN ORDINANCE GRANTING A NON-EXCLUSIVE GAS UTILITY FRANCHISE TO NORTHWEST NATURAL a. Staff Report: Finance Staff b. Council Discussion C. Council Consideration: Ordinance No. 04 - 8:25 PM 7. CONSIDER A RESOLUTION RECONSTITUTING THE TRANSPORTATION FINANCING STRATEGIES TASK FORCE a. Staff Report: Engineering Staff b. Council Discussion C. Council Consideration: Resolution No. 04 - COUNCIL AGENDA -JULY 13, 2004 page 3 8:35 PM 8. CONSIDER A RESOLUTION COMMENDING THE TRANSPORTATION FINANCING STRATEGIES TASK FORCE FOR A JOB WELL DONE a. Staff Report: Engineering Staff b. Council Discussion C. Council Consideration: Resolution No. 04 - 8:45 PM 9. RECEIVE INFORMATION ON SECOND ANNUAL NATIONAL NIGHT OUT a. Staff Report: Police Staff b. Council Discussion 8:55 PM 10. PUBLIC HEARING (QUASI-] UDICIAL) - PUBLIC RIGHT-OF-WAY STREET VACATION FOR SW 72ND AVENUE (VAC 2004-00001) The Tigard City Council will hold a public hearing to consider the proposed vacation involving an approximately 4,387 square foot portion of SW 72nd Avenue, near the intersection of SW 72nd Avenue and Bridgeport Road. The portions of SW 72nd Avenue that have been requested to be vacated are to the southwest of the Boarders/Bed Bath and Beyond commercial center. The reason for the vacation request is for the realignment of SW 72nd Avenue in connection with the relocation of the Bridgeport Village restaurant and the Durham Quarry commercial center. The applicant's client, Opus Northwest has been approved for Site Development Review for a new access into the Borders/Bed Bath and Beyond commercial center (SDR2003-00017) in conjunction with the relocation of the Bridgeport Village restaurant. The approval has been conditioned upon the successful completion of the requested vacation. The majority of the land underlying the former right-of-way is within the jurisdiction of the City of Tualatin. However, the three small segments (0.1 acres total) are subject to Tigard's jurisdiction. With the successful vacation of the requested right- of-way, the subject square footage would be incorporated into adjoining parcels within the City of Tigard. The request was filed with the City on March 17, 2004 and initiated by the City Council at the request of the applicant on May 11, 2004. Any interested person may appear and be heard for or against the proposed vacation of said 72nd Avenue Public Right-of-Way Street Vacation. Any written objections or remonstrances shall be filed with the City Recorder by 7:30 PM on July 13, 2004. a. Open Public Hearing b. Declarations or Challenges COUNCIL AGENDA - JULY 13, 2004 page 4 Do any members of Council wish to report any ex parte contact or Information gained outside the hearing, Including any site visits? 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. 04 - 9:15PM 11. PUBLIC HEARING (INFORMATIONAL) - CONSIDER RESOLUTION FORMING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 30 (SW 121St Avenuopen Public Hearing b. Summation by Engineering Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing g. Council Consideration: Resolution No. 04 - 9:40 P M 12. COUNCIL LIAISON REPORTS COUNCIL AGENDA -JULY 13, 2004 page 5 9:50 P M 13. NON AGENDA ITEMS 10:00 PM 14. ADJOURNMENT I: W DNACATHY\CCAX20 04104 07 1 3. D O C COUNCIL AGENDA -JULY 13, 2004 page 6 i s: vs• ;'~i~"'.'rl ':J.t"i•^, <'Ry.~f, s,~r,~v~'N.(rn.~?{rnr`~'•':~p~-_i~'i'~k} pr''Ni k d'%''7',~.a. ,.n,• NO ,S;sr,- ;is;.r _15" .4. -.r • cf „~",1'.,p,q. .:i'" ..i7:4, „~.;r ,,2•`5';~,;;?wf,~`s.;.,f~n , J..}!, •.~+.r tj}., r(;~'% •'(bT:,'j:4 { rY.,~. ,p ;st•7.. ~i h di,e{ ~ ,(11;1,,., '"'~q,~1.7f; „Y•d.,G , `_4• /n , ~e.i..%,:•. ~,f•.v.~.. ~ ~j'"` ejt« .J irk,, •i'~.,.cFti" :'c7i rt ,Y1h +,y, r,:`.}jtf4„q'Y, tY7,{r.f•ry .G. air. r-S.J-~r. ,~Z~nbi;. 9-~f•,C.•>d .1.'r~n. 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(4) bu : . ; ` T Yt a are`ai ed 6 attend ` 66ithre Sesslons;:as p by ; , but must not disclose any U ~ k g i c{s fotittailoii p rpo taking any final autlon or making. o . nA a Q~~_~•~J f4d & ~ Usddn maybe ,held for Site ll se OE i}n r x Sessloi are closed to the .publie;: ; flnai?declgtti Exewtiy' ::,Kyv,G,.•.:, ti w;{_. _ ,'i: s. yf~;•rrrM1:, " 7Z .t..r.:§•~ 3^~e _ }i°`„': I REV EW'COUNaLGROUNDRULES 'I.•4C:A.r`'i`,~Y-;L',.rr',:'7.F : x~ :n-~v',,' -v ~ t. , iY is ~.`~Q~~.!' ~^j~dd',; `r.}•: "'1 - , `'"'::.WEARING, PROCESS FOR JULY 27, 2004 :ADP!rIrI1STRATIVEITEMS ~.',•G,n`'-':f' + Intment Selection ' ,1.1 y'ZyL?'.4 :;iJ~ _'6• -~Y ~.WS.Update. X " ° c• : Calendar, Revlew july 20 - City Couhdl Meeting - wortcstwp . . ]uly 27 CIO couro Meeting. easiness Meeting )uiy 28, July 29, August 3i City-CosincU.(Pessibie) Cany-Over Dates: Metro'Coundior Cars Hosdca Meeting _ '•i ; Co_ mme unity Fair.September 18 1. 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I -1 ing bodies`to:meet to executive,se sbrr;In certain limited !Ipoun aw i ' x~ 't{ 'e pubac: gs L authorizes govern ~T.x"t "`evs aiions (?lt,g2i60) "►it "executive session-,b`deflned as any muting or parrof a'meeting .,>1 ~v, 7 t 1 it '7 .r, v taf 4 i.{ •s s . # G SCCo-o-o- u a. r , P ` ~ s ~ i whl cldseQ to certa n pegsons )'or deUberation on certain:matter;.~ y,r' ] n.. rf..c'Cb'''' 'y a L'. gets t << 4T p f'•,'. Tl~w r ~ a "~na`'i s 4~ f'?- ~K ~ % ~ ~ . - sa o- r` S * t i IX 'rt~i3~°~+« r W for Executive sessions, {;r ' ees and a>ients r Y ` ' 2 x a 64 entof publl c'ofl>cers emPioY rn P Sr " qulsftes. ` ;x yµr -s r x; f r ,s,z t if the ubody has;sadsfled certain prere (Z) (b) DLs_ p ne-o public offtcers and employees (unless affected person requests to 1 } t92. ,'"t zrk,; s k k have;an openfieadng) (2) (c) To cpnslder matters Oertalntug to medical staff of a public, hospital' n r 192.i6~50 (2};,(d) Labor negotiations. (Alews media cai be excluded in this Instance.),, ;660 2) (e) Ilveai'property raruactlon: negotiations. % A92 f 92 6602) (f) Exempt pubpc: records; ao corrsider records,that are "exempt by law from t public inspecdom These records are'spedfkally Identified In the Oregon ReYised Statutes 192-660 (2) (g) Trade negotiations - lnvohrtng matters of.trade or,commerce in which the . r , w ..lid t. - > 4 governing body, is competing with other governing bodies. x X92.660 (2) (h) - Legal counsel- for consultation with counsel concerning legal rights and duties regardingcurrent litigation or litigation likely to be flied. 192.660 (2) (1) - To review and evaluate, pursuant to standards, criteria, and policy directives a adopted by the goveming body, the employment-related perfomnance of the ' chief executive officer; a public officer; employee or staff member unless the affected person.requests an open hearing.. The standards, criteria and policy directives to be.used in evaluating chief executive officers shall be adopted by tho goveining body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (2) (j) , Public investments -.to. carr y on negotiations under ORS Chapter 293 with private persons or. businesses. regarding proposed, acquisition, exchange or 4 liquidation of. public investments. 192 660 (2) (k)- Relates to health professional regulatory board. T92.660 (2) (p- Relates to State Landscape Architect.Board. 792:660 (2) m)-' (telates to.the review and approval of programs relating to security. tYd„bl,,die,,,, 8":"1"* "low *Qwwb*%2004%40M&dw, r 1 4' I t t vcC c r , !1 , ~ r - .r. ..fib: ~"~?flsJ_1_•,.., t ~a ~rC'-ri+4~+ MEMORANDUM Administration A-6- CITY OF TIGARD Shaping A Better Community TO: Honorable Mayor and City Council FROM: Bill Monahan, City Manager DATE: July 9, 2004 SUBJECT: Council Groundrules Annually Council reviews its Groundrules and advises if revisions are needed. A copy of the existing Groundrules is attached. Please note that the last action on page 6 states that in either July or August each year the Groundrules are submitted for review. Staff will schedule discussion for the August 17 workshop. Staff has reserved time at the July 13 study session in case Council requires additional information or would like preliminary discussion of the Groundrules and the established process. Ma&nV)XVnen=VnaM S cd2U04%cound gmmndn tes 040709Aoc NM4 MEMORANDUM Administration CITY OF TICARD Shaping A Better Community TO: Honorable Mayor and City Council FROM: Bill Monahan, City Manager DATE: July 9, 2004 SUBJECT: Council Hearing of July 27, 2004 There are a number of options available for the City Council in the conduct of the legislative public hearing to be held on July 27, 2004 on the Bull Mountain Annexation Plan. In order for Council to give staff direction, and that staff be able to advise the public in advance of the hearing, a series of questions follow which present options. Staff would appreciate Council consideration of the questions and direction at the July 13 study session. A) Meeting/Hearing Time - The hearing time has been advertised and noticed to begin at 7:30 PM. This is a legislative hearing, not quasi-judicial. Staff has, however, sent individual notice of the hearing to property owners in the area under consideration for annexation. The meeting will begin at 6:30 PM. Business that can be attended to - such as the Consent Agenda and Visitors Agenda can begin at 6:30. No study session is planned. The remainder of the time before 7:30 can be used to advise the public how the hearing will be conducted and whatever time limits and common sense rules of conduct are expected. We can explain time limits for testimony and how speakers should be ready to step forward to speak when their turn arrives. If the hearing is not completed on July 27, Council can carry over the meeting to July 28 and/or July 29 for further testimony or Council deliberation. Council can also carry over the meeting to one of these dates or August 3 to consider findings. Issues - None in this area, the purpose is to advise Council of the meeting and hearing time distinctions. B) Cable TV - Cable TV broadcast will begin at 6:30 PM. Cable viewing will be available in both the lobby and the old library. The library will be vacant before July 27 and is available for our use from July 27 through August 3, if additional meeting nights are needed. Cable coverage will be broadcast for the July 27 meeting. If the meeting is continued to July 28, 29, or August 3, cable production crews will film the meeting for broadcast into the lobby and old library. Staff checked with TVTV to determine if broadcast live on nights other than July 27 is possible. TVTV advised that the broadcast slots are full. Issues: None in this area, this is for information only to advise that arrangements have been made. C) Available Seating - Seating for the meeting will be available in three locations: 80-100 seats in the Town Hall Approximately 50 in the lobby Approximately 60 in the Puett Room (library) Additional seating will be brought to the lobby and library from the Water Building. The old library will be vacated prior to July 27. Arrangements will be made to clean the area of the library to be used. The library area to be used will be clean, restrooms available, and air conditioning on. Issues: None in this area, except that we do not know how large the crowd will be. The overflow areas will be available live or on TV so that those in attendance can view the hearing, hear the testimony, and be advised when they are scheduled to give testimony. Staff will be in each area to notify the upcoming speakers on the sign in sheet when it is time to move to designated seats in the Town Hall so a smooth transition to the microphone can be made - with minimal delay. D) Public Testimony - A sign up sheet will be available to gather the names of those wishing to speak. The sign in sheet will not specify pro and con, as that is not required for legislative hearings. People will be able to start signing up at 6:00 PM. Sign up can occur during the meeting. Staff in each area where citizens are seated will share information of who the next few speakers are. We will ask speakers to make themselves available as their names reach the top three places on the list. Council should give direction whether those speaking should: ■ Have pre-established time limits such as 3 minutes each, or 2 minutes for individuals ■ Have time limits longer in duration for those representing a group - for instance, 5 minutes, or 10 minutes. ■ If speakers can present for a group and have longer to speak, a. What will a group need to be recognized (i.e. homeowners association, an established non-profit, etc.) and b. If a group has a spokesperson, does the spokesperson or other member of the group also have opportunity to speak for themselves, with more time to speak? ■ Be timed, with staff using the light box- activating the white light to indicate 30 or 60 seconds remain to speak, and the red light to indicate time is up? Be limited to the established time limits with some actions such as the microphone being switched off at the end of the time limit? Or, should the Mayor or someone else simply state "your time is up" and request that the next speaker move into the speaker's chair? Issue: Which, if any, of the possible limitations on public testimony should be employed? Staff would like to give advance notice to the public so citizens can conform to the established procedures. E) Hearing Decorum - The Mayor may wish to state early in the meeting his and the Council's expectations of how the hearing will take place. It may be appropriate to state expectations regarding clapping, cheering, booing, etc. City Police and staff will be present to follow the Mayor's direction to maintain an orderly meeting. Issue: Council may wish to advise the Mayor of its expectations and concern so he is not perceived as acting on his own if he is liberal or conservative in applying hearing rules. I hope that these questions help you formulate a plan for the meeting and better anticipate how the meeting will be held. A. MEMORANDUM Administration CITY OF TIGARD Shaping A Better Community TO: Honorable Mayor and City Cou "I FROM: Bill Monahan, City Manager DATE: July 9, 2004 SUBJECT: Provider of Urban Services The City of King City has been studying the question of whether it is a more logical provider of urban services to a portion of Bull Mountain. Of course, Tigard through its Comprehensive Plan (adopted in 1983) and Urban Service Agreements with Washington County and agreements with service providers, has stated its interest in Bull Mountain and followed through on its established commitment for many years. Council could be presented with a proposal from King City to allow it to pursue annexation of a portion of Bull Mountain. Council has total authority through its SB122 Agreement and Urban Planning Area Agreement to serve the area. For King City to have a right to some or all with the unincorporated area, Council would have to relinquish rights under the agreement. If Council relinquishes its rights under these areas, a number of agreements and plans will need to be modified, and new agreements and plans created. A copy of the current Urban Planning Area Agreement is attached to this memo for reference. Council may wish to have some criteria to apply to a proposal from King City. No required criteria exist, so Council can create the criteria. Staff suggests that if Council wishes to have criteria, it develop the criteria based on ORS 195, the statute which deals with the provision of urban service. Criteria could include some or all of the following: 1) Is King City a more logical provider of Urban Services to the area (than Tigard is)? 2) Does King City have financial, operational and managerial capacity to provide the service? 3) Does King City have more demonstrated capacity in these areas than Tigard? 4) Is the area proposed for annexation to King City one that leads to logical borders for King City (after annexation occurs)? 5) Is the area proposed for annexation to King City one that leads to logical borders for Tigard (after annexation occurs)? 6) Is King City capable of providing for an orderly and efficient transition of the unincorporated area into King City? Has the potential impact on King City been fully analyzed and addressed? Does the King City report demonstrate an accurate and complete understanding of the service needs of the area, and the anticipated demand for services over the next ten years. 7) Readiness to annex the area and begin providing urban services. 8) Potential impact of the annexation on the ability of King City work force and resources to deliver service to King City. 9) Does the proposed annexation eliminate or create illogical service boundaries? 10) Is the proposed annexation consistent with King City's Comprehensive Plan, agreements with urban service providers and Metro urban growth policies? 11) Has a public participation process been noticed and carried out within King City indicating that the annexation would be approved by the citizens of King City voters? Council also may wish to review what King City submits and apply questions which are totally Tigard based, such as: a. Is King City's request consistent with Tigard's long range plans? b. Is the request consistent with, or detrimental to, Tigard's long term financial plan? c. Is the request in the best interests of the City of Tigard? d. If the request is granted, is it in the best interests of Tigard to annex the remainder of Bull Mountain? Or, Council may want to consider King City's commitment to the annexation of their portion of Bull Mountain. Questions could be addressed such as: 1. Has King City's interest in this area been legally established through its Comprehensive Plan and agreements with Washington County and other service providers? 2. How long has King City had an interest in the area, compared to Tigard's 20-plus years of interest? 3. Has King City demonstrated a logical and timely plan to annex the area, without the length of this process potentially causing Tigard to be called upon to provide some services to the area? 4. Has King City followed its own established procedures to be able to say it will annex the area, if Tigard gives up interest in the area? 5. Has the King City Council taken a formal action that is binding that Tigard can rely upon that the annexation of the area will take place in a timely manner? 6. Does King City have binding commitments from the majority of property owners and/or requested voters in the area proposed for annexation to prove that annexation will take place, if Tigard gives up interest in the area? f If Council would like staff to apply any or all of the above sample criteria, or develop others, please let me know. L%adrnuA nen mVnayor d cc%20044xwWer of urban servlces040708.doc7/8f04 Entered into the Record on :Zj/ By Jrn ~e~v_(ru~ CITY OF TIGARD RESS RELEASE Agenda Item #.55'-- Exhibit # L_ 13125 SW Hall Blvd. July 13, 2004 Tigard, Oregon 97223 For Immediate Relea Contact: Jim Hendryx jimH@c1.tigard.or.us Bull Mountain Annexation Plan Public Hearing details The Bull Mountain Annexation Plan and staff report were available at City Hall and placed on the City of Tigard's website on Monday, July 12th. The public is encouraged to go to the City's web site at www.ci.tigard.or.us to view these documents and all other related Bull Mountain Annexation information. Copies of the staff report and Annexation Plan can also be viewed at the Planning/Engineering Counter in City Hall during regular business hours, at the library, until its temporary closure starting on July 16th and at the Police Records window. The police records window is open daily from lam to 11 pm. Copies can be purchased at any of the above mentioned locations. The land use hearing is scheduled for Tuesday July 27, 2004 at 7:30 pm in the City of Tigard Town Hall. The City Council is committed to hearing from all interested citizens who want to provide testimony on the applicable review criteria. A large turn out is anticipated, so special arrangements have been made to accommodate the public. The Council will start the business meeting at 6:30 pm so that any other business on the agenda a completed by the 7:3~ublic hearing time advertised. Between 6:30 and 7:31Ieb(Council will also discuss how the public hearing will be conducted. Extra seating will be available and remote monitors will be set up in the event that all interested parties can not fit in the Council chambers. Tualatin Valley cable will be taping the Council meeting live on the 27th and rebroadcasts will repeated. Check the TVTV schedule for a complete list of dates and times. In order to accommodate everyone who may be interested in testifying, the Council has determined that a 3 minute time limit will be placed on speakers. As a courtesy to others in the audience, it is requested that those signed up to testify attempt to not repeat what others have already said. For those who want to provide more testimony than can be presented in a 3 minute presentation, written materials may also be submitted. Written materials received by noon on July 22nd will be provided to the Council members prior to the hearing. Written materials received after that date will be provided to Council at the start of the hearing. The Council plans to conclude the hearing on the proposed Bull Mountain Annexation Plan on the evening of the 27th. Anyone wishing to make comments on the applicable review criteria for the Bull Mountain Annexation Plan should plan on attending the hearing or submit written testimony prior to the hearing. As with any public hearing, the City Council could decide to continue the hearing. In the event Council determines to continue the hearing, the evenings of July 28and ly 29th have been reserved. Page 1 of 1 : Q TIGARD TIMES Q OREGONIAN Q REGAL COURIER I:U RPLNIJULIAIANNEXATION PLANS10 UBlIC NEARIN SS RELEASE 3MOC Q CITY WEB PAGE O OTHER: AGENDA ITEM NO. - VISITOR'S AGENDA DATE : July 13, 2004 w The Visitor's Agenda gives citizens the opportunity to address the Tigard City Council on any topic or issue. w Testimony is limited to 2 minutes or less. Bo If you are Interested in testifying on a "public hearing" item scheduled for tonight's meeting, please sign the public hearing testimony sign-up sheet for that item. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED a~ 7i&iK.P 6 9''2- 2,3 1e' 124cl /'e` ICL ,I use h e 4 J r G✓ a us A4 Id + J S 729 Ste. CiJ _e I Ue fe ct ~G 0 FZ y 7ZZ s~3-5)~-4~ VV ~ i VISITOR'S AGENDA Page 1 Entered into the Record on By ~14SLi/yI j/~ ~lG July 13, 2004 Agenda Item Exhibit* To Tigard City Council and City Manager: This letter is to publicly inform you that the Friends of Bull Mountain has received approval from Washington County to post notices of the Bull Mountain annexation public hearing on July 27, 2004. Washington County has informed the Friends of Bull Mountain that the City of Tigard is not responsible for maintaining the roads in unincorporated Washington County and removing such public notice signs. Nevertheless, in February 2004, the City of Tigard ordered city staff to patrol these unincorporated roads in Washington County and remove public notice signs announcing a neighborhood public meeting. It seems logical that the City would not waste valuable tax payer resources removing pubic notice signs outside of Tigard city limits, given that it does not have enough code enforcement staff resources to enforce its own tree ordinances, or the tree standards that it is contractually bound to enforce in unincorporated Washington County. We hope that this type of targeting of public notice signs does not happen again. The Friends of Bull Mountain signs are tastefully designed and professionally prepared. These pubic notice signs will supplement the three signs posted by the City of Tigard. The City's notice signs are inadequate because they are placed in locations that pose a risk to public safety if an interested party tried to read the notice. In contrast, the Friends of Bull Mountain signs will facilitate a well-publicized public hearing with meaningful citizen involvement on this very important matter. If you have any questions regarding the signs please contact the Friends of Bull Mountain at info C)Bul1MtnNews.com. Sincerely, Keshmira McVey Friends of Bull Mountain t Respectfully submitled by Lorry Cage to the Tigard City Council Meeting of July 13, 2004. As you know, there have been a number of individuals and groups who have asked the City of Tigard to delay the vote on Bull Mountain annexation by 9 months so that more work can be done by the residents of Bull Mountain to study all available options. These requests included letters from Metro Councilor Carl Hosticka, State Representative Philip Yount, State Representative Jerry Krummel, Citizen Participation Organization CPO 4B, and CPO 4K, and King City Mayor James Wilkinson. To date, Tigard has NOT acted on these requests for delay. The Friends of Bull Mountain, in order to gauge the opinion of the Unincorporated Bull Mountain residents, circulated a petition among our Bull Mountain neighbors, and with unpaid volunteers were able to canvas roughly 80% of adults living along the crest & south slope. The petition read, QUOTE "We, the residents of unincorporated Bull Mountain residing (at the Crest or) South of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options." END-QUOTE Petitioners spoke with 1051 adult residents living on Unincorporated Bull Mountain, and of those, 1032 signed our petition. Again, that's 1032 out of 1051,98% of the residents personally contacted are asking, through this petition, that Tigard delay their annexation vote for 9 months. Mayor and Council, these are the very people that could become Tigard citizens if annexation were to occur, and 98% of them are asking YOU for a 9-month delay. Let me point out that our petition for a 9-month delay is not without benefit to the council: • the 9 months delay allows for a cooling-off period and gives time for the Council and Bull Mountain neighbors to work thru the issues that now so strongly divide us • the 9 months delay allows the City of Tigard to potentially avoid numerous and costly litigation which most surely will follow an affirmative council vote on July 27 - and lastly, • the 9 months delay allows the Council, Mayor, & Management to build on a legacy of accomplishment rather than establish a legacy of regret & embarrassment This petition, which I give you tonight to be entered into the record, along with the aforementioned letters from our elected officials and citizen's organizations, should NOT be ignored. We urge the Council to act upon this reasonable request and grant the delay that an overwhelming percentage of your potential citizens are respectfully requesting. Entered into the Record on '711-31c By &rvT e--V, Agenda Item # 2- Exhibit # 2 FROM :METRO COUNCIL OFFICE FAX No. :503 797 1793 May. 10 2004 03:38PM P1 COUNCILOR CARL. HOSTICKA 664 NOATHf AIT OOANO AVf MUI ►00►LANO, 00[0064 77217 2716 •i L 161 7. 7 194: 1A>! )O! 7' 7 1101 3/0 Entered into the Record on '71 0 By e- J April 22, 2004 Ma rRO Agenda item # Z Exhibit # Tigard City Council and The Honorable Craig Dirksen, Mayor City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223-8144 Re: Request to postpone Bull Mountain annexation decision Dear Mayor Dirkstm and Tigard City Councilors: During the April 1•4, 2004, Washington County roundtable discussion regarding annexation, the City Council of King City and the residents of unincorporated Bull Mountain agreed to further explore annexing the south slope of Bull Mountain into King City. It-hits also come to my attention that Citizen Participation Organizations 4K and 4B are also interested in the pros and cons of the King City alternative. As you know, much analysis must be completed in order to determine whether such an alternative annexation is in the best interest of all parties. The parties most affected by the decision are unanimously interested in exploring annexation to King City. Given the importance of this matter, I respcetfilly request that you postpone until December 2004 your docision to annex the south slope of Bull Mountain. This delay will allow King City and the residents the necessary time to complete their analysis. Thank you in advance for your support. Since , 1 Car HMetro Councilor, District 3 C cc: Representative Jerry Krummel Representative Phil Yount Washington County Board of Commissioners King City Council Charles Carnaron, Washington County AdminfiArator Friends of Bull Mountain Kathy Stallkamp, CPO 4K. Co-chair Holly Sbumway, CPO 4B Chair wwwmeno-nproao~n ReereleJ ~.p.r PHILIP R. YOUNT Entered into the Record on STATE REPRESENTATIVE CQ`r t- r, ,-m DISTRICT 35 a HOUSE OF REPRESENTATIVES Agenda Item # a Exhibit # April 24, 2004 Tigard City Council C/O Mayor Craig Dirksen City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223-8144 Dear Mayor Dirksen Councilor Sherwood, Councilor Moore, Councilor Wilson, Councilor Woodruff: It is my understanding that, during the April 14th Washington County roundtable discussion regarding annexation, the City Council of King City and the residents of unincorporated Bull Mountain agreed to further explore annexing the south slope of Bull Mountain into King City. Unless I am mistaken, Citizen Participation Organizations 4K and 4B have also expressed interest in exploring the pros and cons of the King City alternative. Last Friday, it was my pleasure to spend time with Liz Newton and Jim Hendryx who graciously provided me with a history course on the Bull Mountain annexation plan currently generating so much neighborhood controversy. As a result of that discussion, I am aware of the great amount of study and analysis (meaning dollars) which have gone into this plan over the last 20 years. I am also aware that all those affected in the area proposed for annexation were notified prior to a public hearing held last December. Because of the large number of affected residents of Bull Mountain who attended and voiced their concerns and objections, the annexation plan was deferred for six months. Now, it is of course proceeding. I believe another public hearing is to be held in July. Optimistically, the King City group and the two CPOs can complete their work between i now and then. However, as you know from your own past experience, much analysis must be completed in order to determine whether such an alternative annexation is in 'r the best interest of all parties. So, if they have not completed their studies, but have ! made sufficient progress to cause a significant number of people to believe annexation by King City could actually be a viable alternative, I would expect you to recognize it and again defer your own annexation plans temporarily to give them time to complete their work. 11 recognize that delay has already resulted in a significant loss, both in terms of potential tax revenues for the City of Tigard and in terms of environmental impact. I recognize Office: 900 Court St NE H-276, Salem, OR 97301 - Phone: 503-986-1435 - rep.philyount@state.or,us District: 11222 SW Cottonwood Lane, Tigard, OR 972234226 - Phone: 503-590-7773 also that everyone has had plenty of notice of this likely annexation and simply did not take time to become involved when they should have. However, now that you have gotten their attention, given the importance of this matter to all parties, i respectfully request you to be prepared to again postpone a decision to annex the south slope of Bull Mountain if necessary to allow King City and the residents the necessary time to complete their analysis. Thank you in advance for your consideration for all aspects of this issue. Sincerely, Philip R. Yount State Representative District 35 Copies to: Friends of Bull Mountain Commissioner Roy Rogers 15685 SW 116th Ave. 155 N. First Ave. PMB #149 Suite 300 MS 22 King City, OR 97224 Hillsboro, OR 97124 Kathy Stallkamp Washington County Board of CPO 4K CO-Chair Commissioners 16200 SW Pacific Hwy, Suite H, 155 N. First Ave. Box 242, Tigard, OR 97224 Suite 300 MS 22 Hillsboro, OR 97124 Representative Jerry Krummel 7544 SW Roanoke Drive Charles Cameron Wilsonville, OR 97070 Washington County Administrator 155 N. First Ave. Metro President David Bragdon Suite 300 MS 22 600 NE Grand Ave Hillsboro, OR 97124 Portland, OR 97232-2736 City Council, King City Carl Hosticka, Metro Commissioner 15300 SW 116th Ave 600 NE Grand Ave King City OR 97224 I Portland, OR 97232-2736 I I Holly Shumway CPO 4B Chair 16200 SW Pacific Hwy, Suite H Box 242, Tigard, OR 97224 y ~ w JERRY KRUMMEL Entered into the Record on State Representative ,.w B rzrryC evey~tumrned DISTRICT 26 By Agenda Item # Exhibit # HOUSE OF REPRESENTATIVES 900 COURT ST NE SALEM, OREGON 97301 April 21, 2004 Tigard City Council C/O Mayor Craig Dirksen City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223-8144 Dear Mayor Dirksen Councilor Sherwood, Councilor Moore, Councilor Wilson, Councilor Woodruff. It is my understanding, during the April 14`h Washington County roundtable discussion regarding annexation, the King City City Council and the residents of unincorporated Bull Mountain agreed to further explore annexing the south slope of Bull Mountain into King City. It has also come to my attention Citizen Participation Organizations 4K and 4B are also interested in exploring the pros and cons of the King City alternative. As you know, much analysis must be completed in order to determine whether such an alternative annexation is in the best interest of all parties. The parties to be annexed and most affected by the decision are unanimously in favor of exploring annexation to King City. Given the importance of this matter, I respectfully request you postpone your decision to annex the south slope of Bull Mountain to December 2004. This delay will allow King City and the resident's the necessary time to complete their analysis. i i i Thank you in advance for your consideration and support of my request. i Sincerely, Representative Jerry Krummel Office: 900 Court St NE H-486, Salem, OR 97301 - Phone: 503-986-1426 District: 7544 SW Roanoke Dr., Wilsonville, OR 97070 - Phone: 503-570-8723 - Fax: 503-570-2865 .1p A Cc: Friends of Bull Mountain 15685 SW 116th Ave. PMB#149 King City, OR 97224 Holly Shumway CPO 4B Chair 16200 SW Pacific Hwy, Suite H, Box 242, Tigard, OR 97224 Kathy Stallkamp CPO 4K CO-Chair 16200 SW Pacific Hwy, Suite H, Box 242, Tigard, OR 97224 Representative Phil Yount 900 Court Street NE Salem, OR 97301-4057 Councilor Carl Hosticka Commissioner 600 NE Grand Ave Portland, OR 97232-2736 Commissioner Roy Rogers 155 N. First Ave. Suite 300 MS 22 Hillsboro, OR 97124 Washington County Board of Commissioners 155 N. First Ave. Suite 300 MS 22 Hillsboro, OR 97124 Charles Cameron Washington County Administrator 155 N. First Ave. Suite 300 MS 22 Hillsboro, OR 97124 King City City Council 15300 SW 116th Ave King City OR 97224 May 11 04 09:09a Henschels 503-524-2232 P.1 CPO 46 Entered into the Record on ? o '1 Cd,I j~gCQIe. - !G//1v./.orn CP4 -16 Citizen Participation Organization By d"iLo (ls~ 4JL #msh tl Bull Mountain/Tigard Boundary Area Agenda item # 2 Exhibit # 16200 SW Pacific Hwy., Ste H-242 Tigard, OR 97224-3494 April 16, 2004 Tigard City Council C/O Mayor Craig Dirksen City of Tigard 13125 SW Hall Blvd- Tigard, OR 97223-8144 Dear Mayor Dirksen and Councilors Sherwood, Moore, Wilson and Woodruff: As you know, CPO 4B has reorganized and reestablished into once again, a viable community organization. As such, we represent the interests of approximately 40,000 citizens and several hundred business owners and managers in the Tigard area and in parts of unincorporated Washington County, including Bull Mountain. Our membership is open to all of voting age who reside in, own property in, or operate a business within the CPO 4B Bull Mountain/Tigard Boundary Area. We are not an advocacy group, but instead exist to educate the community and to help to voice the needs of our membership. Our official purpose is to facilitate effective citizen involvement in the planning and development of matters affecting the quality of life and livability of the community." Although CPO 4B is presently dealing with a plethora of issues and topics, the Bull Mountain annexation issue has become a particularly contentious one. Advocacy groups are active, and public sentiment is more aggressive and vocal. In the midst of this process, a rapidly growing group of citizens has expressed interest in exploring the possibility of South Slope annexation to King City. Our position as a CPO is one of neutrality. We advocate neither for annexation to Tigard nor for annexation to King City. We are instead working hard to collect the data necessary for our members (both on Bull Mountain and in Tigard) to understand the ramifications of all of the various options and then to make informed decisions using that information. We were active participants in the recent April 14'h roundtable facilitated by Washington County and attended by CPO 4B, CPO 4K, City of Tigard, Washington County, the League of Oregon Cities, Friends of Bull Mountain, and area citizens. The roundtable meeting was educational, and we gained valuable information for our members. Area residents, in conjunction with City Council members in King City, have enough interest in exploring the King City option that they are forming groups to do the due diligence necessary to fully understand the pros and cons of this interesting King City possibility. It is possible that these studies will show that the idea has merit. It is equally possible that the studies will show that the idea is impractical. As a CPO, we strongly agree with Tigard City Manager Bill Monahan's April 10 comments that in order to fully explore the issue, copious amounts of work will need to be done in a short period of time before Tigard's scheduled July City Council vote. t May 1t 04 08s09a Henschels 503-524-2232 p.2 To accurately study the possibility will require nine months of hard work by all parties involved, including residents of King City, Tigard, and Bull Mountain. A haphazard effort will help no one, and may only serve to further incite citizens of the area who presently feel disenfranchised in the control of their destinies. This letter is to inform you of an official request by the members of CPO 4B, as expressed in a unanimous vote at our April 14, 2004 evening public meeting. CPO 4B formally requests, in order for the residents of the area to fully study the King City option, that the Tigard City Council delay the scheduled July annexation vote for nine months. The CPO fully understands the extensive time and effort that Tigard and its Council have put into studying Bull Mountain annexation over several years. We understand that a delay will be an inconvenience for the City of Tigard. But in fairness, the citizens of the area are the most affected stakeholders in this process and think that this short delay will help them to conduct research on this issue that is of critical importance to their community's future. As such, we ask that you grant this request for a delay of nine months so that residents of the affected area can conduct their study of the King City option and thus make informed decisions on all aspects of their future. We thank you for your consideration of this matter, and sincerely hope that you graciously agree to respect the wishes of the CPO 4B Bull Mountain and Tigard members by extending this reasonable delay. Sincerely, Holly Shumway Ken Henschel Chairperson-CPO 413 Vice-Chairperson-CP04B 2 Entered into the Record on ?/i3ln~f t 4vr 6~q e I ~~1~-v Fran ~Po yK April 20, 2004 By Al ~.~,Ctern Lu,Po~ a It e fn9# PZ Exhibit # Tigard City Council Agenda Mayor Craig Dirksen City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Mayor Dirksen, On behalf of CPO 4K, we respectfully request that you delay the annexation process of the South Slope of Bull Mountain into Tigard. Our CPO encompasses the City of King City and the unincorporated areas lying between Beef Bend Road, the Tualatin River, Pacific Highway and Roy Rogers Road. Our membership is open to all residents, property owners, and business owners, of voting age, within the CPO 4K boundaries. The purpose of our organization is to educate and organize effective citizen involvement in the planning and development of the area, and all matters affecting the quality of life and livability of the community. Our membership does not lie within the boundaries being considered for annexation. However, our membership includes residents of King City, which could potentially be impacted if the Tigard annexation did not occur. Our CPO recently worked with CPO 4B to host a roundtable discussion about the annexation of the Bull Mountain area At this roundtable, representatives from Washington County, King City, and Tigard gave presentations and answered questions. From this roundtable, we gained the following understandings. • The City of Tigard is actively pursuing the annexation of Bull Mountain. • Annexation of the Bull Mountain area into Tigard would provide financial benefits and economies of service for the City of Tigard. • A substantial amount of residents of Bull Mountain are interested in pursuing annexation into King City instead of Tigard. • King City Council is interested in evaluating the feasibility of annexing portions of Bull Mountain into their city. • Thare are potential political, financial, and legal difficulties in annexing the Bull Mountain area into King City rather than Tigard. • Tigard is scheduled to vote on the annexation of the Bull Mountain area in July 2004. In delaying the annexation vote, the City of Tigard will enhance their public relations with their citizens and the surrounding communities. The residents of the affected Bull Mountain areas are quite vocal about their wishes. In the spirit of citizen involvement, we believe they should be given an opporhmity to investigate options. While it is possible that annexation into Tigard will eventually take place, a minor delay could mean the difference between an adversarial and a supportive population and community. It is our hope that you take this opportunity to listen to the citizens of this community. We hope that you grant this request for a delay and support King City and the Bull Mountain residents in their evaluation. Respectfully, Kathy Stallkamp LuRee Krygier CPO 4K Co-Chair CPO 4K Co-Chair KING CITY 15300 SW. 116th Avenue, King City, Oregon 97224-2693 4/29/2004 ® Phone: (503) 639.4082 • FAX (503) 639.3771 City Council Entered into the Record Tigard C/O Mayor Craig Dirksen aI~y~~ ' ~~/~r fro ~Jia/ni City of Tigard 13125 SW Hall Blvd. Agenda Item # 2 Exhibit # Q Tigard, OR 97223-8144 Dear Mayor Dirksen, Councilor Moore Councilor Sherwood Councilor Wilson Councilor Woodruff It is my understanding, during the April 14a' Washington County roundtable discussion regarding annexation, the King City City Council and the residents of unincorporated Bull Mountain agreed to further explore annexing the south slope of Bull Mountain into King City. It has also come to my attention Citizen Participation Organizations 4K and 4B are also interested in exploring the pro's and con's of the King City alternative. As you know, much analysis must be completed in order to determine whether such an alternative annexation is in the best interest of all parties. The parties to be annexed and most affected by the decision are unanimously in favor of exploring annexation to King City. Given the importance of this matter, I respectfully request you postpone for your decision to annex the south slope of Bull Mountain to December 2004. This delay will allow King City and the resident's the necessary time to complete their analysis. Thank you in advance for your consideration and support to my request. Sincerely, r James (Bud) Wilkinson Mayor Cc: Friends of Bull Mountain Holly Shumway CP04B Kathy Stallkamp CP04K Representative Phil Yount Metro President David Bragdon Councilor Carl Hosticka Commissioner Roy Rogers Washington County Board of Commissioners Charles Cameron Representative Phil Yount 900 Court Street NE Salem, OR 97301-4057 Metro President David Bragdon 600 NE Grand Ave Portland, OR 97232-2736 Councilor Carl Hosticka Commissioner 600 NE Grand Ave Portland, OR 97232-2736 Commissioner Roy Rogers 155 N. First Ave. Suite 300 MS 22 IEllsboro, OR 97124 Washington County Board of Commissioners 155 N. First Ave. Suite 300 MS 22 Hillsboro, OR 97124 Charles Cameron Washington County Administrator 155 N. First Ave. Suite 300 MS 22 11illsboro, OR 97124 Friends of Bull Mountain 15685 SW 116thAve PMB#149 King City, OR 97224 Holly Shumway CPO 4B Chair 16200 SW Pacific Hwy, Suite H, Box 242, Tigard, OR 97224 ]Kathy Stallkamp CPO 4K CO-Chair 16200 SW Pacific Hwy, Suite H, Box 242, Tigard, OR 97224 We, the residents of unincorporated Bull Mountain residing south of Bull o Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter o the November 2004 ballot. X The purpose of this request is to offer us a reasonable opportunity to explore ° a'P all annexation options. ;N NAME (please print) SIGNATURE STREET ADDRESS LftRl2 ~ E CS/ Sw ~ 1~ ca LOI- v ' J=%O78' say K. De,nn a. AIIIAIIVK" O/Y I 4 l rte , - /t28Ss /3 4926 c.4~1~ S- rt. or-Cell, , Sk J?ur uV;c i ~E C ~L4;'c~3 5U SA tQ CA M-C-_zo ri h'~ ~ ~ ~ti~ 3 S W ! szl-t h Tt r. ~Ay1~S AST 7-~ 51 Q r G F y EAw9++RD G. S c E ~#J &L-w, 1s zoo Sw I~uttGuuby S if L A/ L 5- ~e Z3 ~AY/~ F~/Vf-.r`/'V ~ /Gl-"`~ ~ $L SY SW .CU.eCUNd Q~ 7v Nei N e,/' S3pz c>v~ cJ,u ~-t~ ,~jS7,( wirt t,r~ / S3oz S!~ 3u urtcl 11 2,- 15-3117 1 CI F r,T S. G-, A; f L~ SAL ~ 1~~~s - 1s~ ssw gkY ~u~ ~~1 y Bu11MtnNews. com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS ~Q~ k N0~ i qb4T SW Sf A-o r . ..C S w I t Q,cri oLevleI ( t ~4LMuA Ax v^ k-u.tt w.w w.Jl 16Sa Per l►v V c.rn A k,\c ~I { M S 31 LG~~c (C i Amps YI r / /d / ~ J ✓ bp ' lyn Q / ; ^ moo/ a12 L/ L `(v) c~ sv c~opu ~,v. rl y~r f~ANUt Z>-71E I G 1,3 v tl 9 1 1(~ ~l S w € v l~ /6fto S ~G~ 1~1• ~0 u/ i ~ i 1D ~ 11av ~ 7 ~ ~ L IJ clK 11. D.- 0" AND A 1 'X 2 Z Sw Pc,CLa rd or,- q 31-I Irv ah I~ Owzl a ban ~ Sc~ ~ r Ln Y . OW N is l Z w 2 y ~Or~ (~lo /Sgr2 ~~:e/ b.k 972 L y R, ~K -wlc~ 5 4s t Ss s w 1~0~, w~ q -j2Z BullMtnNews. com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS e VN i v15• d r /-:Y- Vie Y' 6 ~d,^S Scv 1 J ~S sJ i~57~ S S/JSA/ S o 3 S 4J / ql Z -57- 57- - 1 _ ~2 S w c~ J cz s.✓ 9/-) 1141 Vv l~Fl ~L G'~ c_- e\ /S Z ~V fell GAFQ Vj , 157 W 5-zd 4W . tt J ply id t>7 A w~c~ ~sS /~(t~5 a 1 v-L C r~►Uw 2~- tnI -AA -D -1 -o C ' o CO (G,/) 1 f Yal 2 c7C,l~.v1w^ J,, Bu11MtnNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS i u O*Y1zO1'l a '~:J7, S Ns S cJ ! 33'x! ~c,'r~ T ~M~ ~ tea ~l Hsu:: e w t 1 t4A dv' Svf Ros~~a-u LN . 6 X% 9- b~ r► U 1 11 t d bV l 141!a3 Sl cl Sit 1 l- cl . T l 53 S 1~ p4sa LM . i c a v r o -7 vS+~cZ~ d I c,~ q-9 0 7 5w R asp v Z w r r a~ e A111 S.-A ?d /qg 6, 'e LIS ~b lL r ~'s 1 56 t ~ c• ~ .l .3; v c, S '7 IVIe it I A 1A W, .4 G ! 4 t m r L ~~i ~~18` S•lL' r,,,1k a.r 114 I C~ -aC1~ p - Jr 7 sits 1CA5 !a rz f J l•~ Tex , l ,1; s`6 S ,Zg plc r. ~r r b sb -0V Rs14 7272-R BullMMNews.com Wv, the residents of unincorporated gull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS G %~1S35SGc) C. 1 1411 a t SI S s a 537 Su awiut J~ Q Y~e.~ Shy w i~f 7~ s- sv c.~o~,.e4 s c0. Le-V i n l S~l~ ' .ice er\n'•~ I _ r -1h 5' 1 C- i . ~z~ Sc,.1 i. `l l ~(~+lrtzG P_4 v ~L 5 CnQ !y ~ti Y s w GrMo~~. St'. S/A ' e,' c56J r/'-Ad4 AxvlAl ,Q.a6' SW a-3WiF sT. o ILI- 1A S eI-lehll2j ~"me 1 741 0. - S d -S' E G- c 1 log ~Sc~ Sl.oue Bull WiNetivs.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS Da-V t, f w° Z s A) P' e ha~ 516 6 2 5Q Pc o C*(( Ile 3S Z (4 ergo', - F4Vkv~ 70 6 Sup P,,o ~-vor cAhti 1 >06 Sc.. C-T i~"6 Sw a c < a) S ~,l LEA Sn~'~cF S~ JtW Ic,E FAVh A r /b 3A Sir1 /316 OOd / 75,0, oe 'T R Ou 1S Pau J r otra 1 S O 4J i no ~ t d r r4 r k ye do ~Y,S d'~, Sc~ Lm /y rl 7` C' t J. )dam IVOL.JD,j Cet'fsa &A I- 4- 4v 5ttf CT~rf n s l ki (el L4 7 W Cad e, CT r Bu11MwNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIG TURF STREET ADDRESS c~ t 26- /'7 X1'1 I, to Lla-q S 'e v1 dP ' ua 11(974, $ w / Ca roc P . C . a L Z971, 5W l ,"r," . T Zi Mbv y J&'? rte, 1,6 / socaR2oZm6 ly70-2- .5tj /G / SQ 6Y~ Is l 2 4-5,,) n ncts lv 3 t Ne t.v tiof v' ~~J / /Yf75r 0nc~ /z -4 6 _ - 16117 stJ bc~~\b s 4 1..- Co ti i - 3 w ~ s 2 I sw ~r L~tisL rv a 1(,kXo I (o V I. Bu11MtnNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS e>,,c los t. Rad 15729 Sw Co ~er Way 9722Lt 11,123 S/2) biL r4 f - s«I _ r aqs.~ D = ~ l3SZSsc..~ o rv► . 2 0. c t~. 3S~S S w 1 1 ,+u 1616-43 5i6U i r"rj U sra UA - / V61 SSCJ 7Z Z ./yD c J r>'di-7- /al,e 5 7Zz 16160 liz) 71 V C )Mw 5; 61 22 -75 yJ 15 7 / C GL !/i ~s 7 ICJ L~• C? FO,I~(rC /i✓¢r~- .,1~C c✓ % 7~ ~ / ti'E ' 7~' i1' (1. a& ri \4150 sw G BtillMtnNews.coin We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS -Ioc 11, 214 If I K-6 C, -2- r✓ ✓ G-✓ 7c), COSH iLI : /~leye .zS Z s 783 2diy - A 4A) IV SOC).'s 14'A L S'vvIV_ to". LL! w > i ~iL/1 t',ve, aeszL 517 55 SW W tct6lau" - BulIN tnNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS •G7y << l " /J~~L %/SC:%/L-1i G s%g~',,~ ~Z~/%i i`'~ ~ ~ ~ '`,i~/v'JG'< / i i C /:J , may(' Zr.! Si~cl 'sS lei- ~L" L cTh,'sIC,. G,r4,q s~,i tS U11 `i-7;.2 6 c) S ri ~crcllf y ZZ1?4 S 8 `7 r ~ 9~Zz -71 S'c.v ~2e,Ce-.28 St g 7 z Z Y Q?nr tt~ ` f 5'87e S(O -PQc-4-e,5 T r -7 L zg vE q 8,4A]ua nc 5 3 s.,, t nu3 St- 15 qr ~✓~v~K+n~ ti 5 S.W. G-72-z % SJ ' " SLv rc. .1 ctq~Zz K y 1:53 "w ,j^e, q-7 y JIL p J IZ /~G[t /c.Le2 /C C c° < / 5L~ ` f O ,~u~ j~t ~Ctt ~Y 7 7 a,c ? 14L.:'~ s 4v - `l -1 I LI&71 s,v J.j t Ir:.- g7Zzy 15 L -,,2- :5 i f 5f '17 i~f Z) 97;b es T3Alnn cK SGSb 57N `~ur~-u►~~f Sf go g BullMwNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS OHA&F-r CI. Y1taRo~G~1 o Sw L~g,~, FT OR 6 acv l~.~'FTL34 ~aRB/dRA ~SRouGfl q~ G -CCU 04 Ire o/ r<< Y S t^e r. I/Ifigiold, 1j2 410 !v ~ 722 S Y~A71F-4 C /5-227(o ti d. ILAY LOtt- StL) (12&We67 Je 72 2- z6g RAE, 2Z , L./ Lk ✓1 2a: t 1 is ( V, /mL7- 54J 45-32,1 W I/I ~elfN 141(09AIS G 5310 1~-7468X-A&" OA 722 ,s yu y 7zz S l Z S W V P-6G S ~y t A" AJ, A e.~j 115 35-3 5,D 9A r; ker .ci 19 y 7-22- BullMMNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS L L r Gd. .z~ G .3 .3 rd 7ZZ 5 Z- 7-2 511e0cv>r~ ~ll~.~1?~~- er 'aL ,~-•7f (~%1.7L/G ' cc~Z'c`'/3.3't~ ~`Itl'c'. ~/7'~;Zt/ 153 sw X331 Are 9 2 r tliQGI- Ck- 1 r l Oil/ - le- ems z u~ /s>Z s sw (3.3 7.2 2- e o r v D• L E E w 6 CU 3 7 .,2 '57d /.-33 77ZZ q~Z i j, i v~d ZSS 13~°-A~c z SS (fir i SS Ci 33 "2A vc ~t7L24 N9-S f / ) l 3~ d~ z2 ~z R ~ef di e tee/ 5- 5~ tj /33 `t 7:4 4-10 13,5 Bu11MtnNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS 135`10 5~ I~ i tr D `1 GL~tUl~ ' vL L (O 5 l~ i t 13 h) r OLA; a lQ C 0 i A11A) a.111 cJ f Z , IV ~ ~ LaY /t s < ~ C_ o . 24 V ' ~ti /l PGfi ~c' > / y v e V( , : cv. n;r4~c Vi f~ «N 36gv~cv et, LA. ai r Al vD 43617o K K i' Q 2t Q~cn 64,:6 t364-0 50 Cf_ucE3 ~L_ i V2 J - s ~pt~ S~ CA O'd 1-16-20 L*v I -_t ..J c s,.. cJ 1 r!a Q 1 zo .5~ ~cl f. ~ u1o~- - U 5-u 1 1 w n t Oablnblv ~~tj~6 t,36/0 4) 1644) cT., ~,A BullMtnNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGN URE STREET ADDRESS ,VIII %>Oaky~\ev/ SRV S f r ti U ~~sa l/1 t4 Ss,J ~3 t yi Ji~ I 3 r. C' luc~c~ 1499 Sw Sc rz C, K l ~-i °I zv s e^ CAJ r c-Iflr. i S /3(,.7 A•V P.Y L.-- t9~7 t 36'''3 5w 494ed 'C7- /-?49,? 5 A) cir' ~r~7 2v !3 L y? S cJ ,(s~ ~-L d 0 '5V E C' fl- IW_ 11 L A) /!!ie S <c t> c ra.. ! IW •.ce I s~ SIB / f Sw Cow Y6 t , K8 46 s ~ G YCP- BullMwNews.com M-- - E- I- We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS 6, L ~ ~P/?2~1 ~ Z SS uw `vrivLVt~'e.u1 ~ ~yCtGti] i i Z3/ /11 ~ L~G~ ~s ~2 l7 5w rzz,,~ Ti o 'PLA S/-Y/YlD rif`V S 'L, /.1 ~IiLY n 1.., t ~rr C1f 'i /icy am~l J/]]~~ (~~S 36 Z 5~ `7U~2~'~~ r (n! Dig i, a..> 1Mn O~V~WIQyt{,,,y,Z ~~.1ti~w •1 !M 4 ~ ~N1,~tiK.T~-t» 1~ 1537 s ✓W i ~l vi ~,v,, ~r ~n~ y~c~ ~~2 ~ G1 LAYY 2 h ~ 1629 r. i 7 Aiwa' MA R1 3 64tX TO A) 6,, 15Y2-7 Su-) Yz,,, 6 wj - i s (a SOU - o~ 72q h 1,5-3 X ,y°i-7 0 /40 Bu11MtnNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS C; 0r, 'j3 L L, A, JAJ, 4c- 7 - , 20 e a Sb' s -e 1`lti lift? u Ave- MAP- Kruse i47LI: sw iyI sr AvF-, T6,3PD < r n l lc~ Iq 80 SW ILII 'it Dire ~Q 1151 r r`~S~ DY ~1Y~ 11170 S,:5o) Bu11MtnNews.com J We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether.to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS :,vs _jCu~ (k336 J1, j • j ( ,r .c ti 4 AA AAA lya~~ o.,,. 1-I c,-~-z -I Jl S, w ~ `I 1 ~1~-e_. &-2r 'l y T v ao,jev I u 54j r L1y+h-' aj Op ~ZZy X155 s1 C ha roto r~l 0 a y h/ PZ Sty 11 :Z 3 l1G~lC~e \ ( d tr7LJ A--,-)-\) rc, 5W _ t- 1563 -SW 9AY5~ CC- &m- / .D w (?7A r t. We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS OKSez.na ,'-Senkv s,~w /eK FSev)ko Sp~K , l5~S~~ Scc~ / S - (~i'✓aEe ke- Ft's ew ".t aX Ltjj' uQN coo k -6&j C,) I e,- I ruY z a, 1V• r521 ',y 15 5 Wl _eT uev _ o 7o Sw D iia d 7-e o ,US / S 3 90 s w ♦ y ~E EZ ~u~ ~N.t/SoN o-jc. max. 90 S 40 / vy / .CIJ /I14t " PTI IV C-s L)I(VkCQ'~ 1h'k N-3c)(-', 3(o T-ccoe"~buto L ' 2(SI„ J 0~')A o A ~ S Z S 6.✓C 1 0 T1 O l~ /N, n d j_ w rte. ! v 5 SW on ,NC, C7- r 3w GO j to" (--t- i BuIlMtnNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS Eliot _630 e 8 sw ~r ,5QdcaSKl Lvta-A / flrc, l'-/ ~~O Sw /39~ Aldei o < oo s uc o sw sw m Sw 3 Y r 6 s LA) • / 7a~ 5 c , q~`y U~ i / SCc> ~3g u.. ~ c u Y~ O - ~ w 3 6,4 v BuI1MtnNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS G 1!::,w Alt-[ 01, 1 [ 5c,I-1 -33 ti ~ 1 a1 L /y36o~ 1.4, 4 .9 0~ 7~a 2t A l / /NPi3 S ~ !(h l~ 7;' (a2q 112 Y JARE T F-5 '7 6A ~ft P I sw Aj-Y 9 til G w -"Q -6 ktAve-v 4.,-cs c.h M6 o 5L-j TP_; 6,j b Y - 7 4- C~R'c. IS833 S.w- m ie, G.WY i S /S ~'G S SGJ a t e 3. _anriia rl sss s ci7e b, f,,, Id L v/, .W ill,9 t t4 / ys sS -S'ir/ CrJ~STEi~/EGD ~/1~ -IMPOI j BulfmtnNews-dom" fa We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS r~ La, 1 s<< S IV (4 t -q a r`f 1 i del ~ Sr 1 DID\/i !7 a IgII2- st-J a72 2.~ A14 A a, A, i der 1 Af.a- z Y-l am Z1 5W lII% _)'N 4 L i M 7fl! Ere ltiPib 7 1 a9b •~v Tiaw6'-Pr" T! &m- 0 s .n r~ 3 sv s w c/--: ~ L T7 6i / S / ST er c- 'a r ` 3S' EQ e eYa Z r- /1a o f I yo 7 3 S%, ~ vr_- .rya U3 Sim sA, Lv &v l `/o ileo sr~ ,C3FsR~~ /-(V 75 S a 6 46 , l ButlMtnNews.com E- 0 M. E We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine 4L months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SI NATURE STREET ADDRESS 7l l ~ / l1rU r , VC, ~s C Dt>A u~ a,~G 9 a .s'a.J 6 46, A ~ ; 55 ~1W GfA•U nr ~~E 'V~l/✓ ~ ' ~ ~ S~ tat n«t ~~f' - tit 3~0 5t,~; C c~ e. I f lybG0 S(A-) C- c UD 4 ,-xv OA o ' I ~l S►✓ Ca' ~~r C Ja <nn ] $W : he ) _ ra Z '1 sect 0 S W ke-y 116 KAI- YYI/ ti Ate l`fes3 -Sw ci, x k v~ 7 G 54d tc D +t-,V\l l4-? ?sr- s'cv C' v /+2,e B1z1llV WN- e rs.&fm We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS 'Aes*w" LA kk. !Jr /3l0 20 SOD r/LS /V. Y - 710 ' as, s` w t ~r 13?33 i eo~ S. c~ . e BullMtnNewsxom We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please rint) SIG AT STREET ADDRESS Au Coo e c ! 3z Sw --aL ' ~ :Z Si.r venC,4d R.1 R P ESTO N E vu /co BullMtnNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS iri BOQQin; ~s 6~1 Z SW Berri n ayi 1-franc-P, (L" AeA u / 3cxi 6 Le T ,d Bull MtnNews.com . We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS Bu11MMNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS reAdac11 oe+ C+ rP0 add molt 7 IC 7 L/ rum I f-574 I 0SAO 4wei. / 0 , 004 Bu MtnNewws:com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. N (please print) SIGNATURE STREET ADDRESS ON e,rS ~ 1ozO Sit) S hOLL6 AYi Ve-, / SLR S~~+c u fly/L09 l s - o g- .17 1 7 3 5~ 7~/i~c~~ ~X q-,7 7 ,-3 ►L 5-0 sw s~ncue . Ile, . , 15-:70 Si,,) A/7 ,6fv . ` l ! et it I 1 'a 5 /L iw 4-vr-. Bt liMmNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME please print) SI ATURE STREET ADDRESS jowkhell .1C✓ Jc qc~) SW cQ L. u $ •6~• r Kt;4 Sub -eaG uti [ ~F 1.5 9 fl 515 W i!~ X~6-L B/ Bu11MtnNews.com J 71 We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled duly 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS ~SO/\ S 5ccvw~ I. A , S ,Stc1e~' c~P- tBD fo 7s S40 1 - I I BullMtnVows.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) S GNATUt~RE STREET ADDRESS RCL C' . CvRG \ (45(oG S~NM C(~~~j~OHwA AYE '~5:. caels / S/S-bO Cc,) C'~LCi i.Qax Bu11MtnNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS L6 e. II^^ %x/325 ~/w u~~n &3 ✓ (,c-ud huE per/~y1 13 ~L l i- -6, 5 Gv w'170 el `I e ~7: , . L 9 ~"W `yiGe 5 neoew s 3 Z ~n 17ur S ~1 f ~5 -7 G~' i F1j. ~cUU _ yt / s!i 4v.. .~u~. ref s- 1-13 2:z i.1 LL Sit` >yZ 60 i v. s . r /-/4 AV I Z/Z ~ ~yZZZ °~~wC~o BuliMtnNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STRElE,T ADDRESS LIZ +y5S W H, I ( y5 s / ~GvA11) Q LA FM 4A 5-0 Cj\ns~ r ZU .S'GJ ~Y1ae 1r~ b 5~.~71 l9 l r ~e ~ 15~ 7d .1 ~f ~ Bul MtnNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. STREET ADDRESS NAME (please print) T Y .b Zo.b r s 1'96 5 BullMtnNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please pript) SIGNATURE STREET ADDRESS U -d t 12-l er . l 1 cc i u ' - ~d Scnw n; c i dIj ! ' F f ' Kmi`l SVV r~ ► i Lr,~. oiler! o[ -eko ~ S~s75' s4/ ~~l rrja t/via Tea . t JfQ(ahd (y11~5w t- R GrL~SG A~ 1 Z n~ Q y,/ 6 VCe ) S-~'Z2 S64,- BullMwNews.com We, the residents of unincorporated Bull Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGN TU STREET ADDRESS L AQ Z V2 4 "5L-j ,Qi4rtC ~i4~ r' /~f ~ os sty f~JlCy i PJ2 A VA- flrrnzr, ar~,o1~ /ezeo s'~/y/tf ~iY,e i L&L BLIHMwNews.coin ~t We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS L v6-t u~ Ls Al 1 17 o SW7- ►6 w Pit uI C, 0r0) kI n I5D5Zo 51k) u VhFvv, rwbt 1~e4i t Z? Sim rei v~<w 42j-6 V Sul `t iew S /ra 6 7 5W 0, '~erti se -1- w~ ~k; SLO mrx v ~~~C I~i 1. 61 uS csM uv l1 Cc. l- i ~D -sw.i t... E-. VZ U} ~L- obe L. ir; G lSolgs ; 'F sswt~' 12-ZO a, rayiy, v~ St v W 2vv t c, Y . BullMtnNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS l i~ 5z ~,r/ Ad, 4~111 hr ~1 J"i l ~gZ S jo 1.S"Y~ 6 5 u s ¢,r v--P_ j. - Bulll F 'w3. dPkt ' Lamm- We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS ,q S zg Sw ~er~u- i e t / S 1 -7 C o© SSO - ~ iS:-tJ +QCb/it2 Dk Ir-D 0 t"~ ey-y-~ ~ r y~~s sw pe n 1N~~~ w-) Z 735 9-4 P&PV-4Zv r~2cv s / 3 S(.u (D Coars -to . rr~. /~~7j SC<J eG ~ ~11 f Itz r)(,\ 14 O t '-t ~1 S tr.~ S c,c~~ P U a~ o C:, l z U2 w ~-c Ct-t-~1R~J j 1 eq- i- Bu11MwNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. ISkW (please print) S NATURE STREET ADDRESS S u G S~~ z7 o:-),e4 5; z lit ~N-+L~3ttr41*WN'~J2 t ~ ~ ~ sv y1 0 F-5(, i k 153,41) SL, l` y"" Terr. • IS 5 7GC~ 1 Jr3zs I W 4 efY4C t S ~G s 510 T L~~L 0 1/ S' S ~ lP c i ~ c - - - v w • ~ 1 ~9`i ~G.1 e:~ s T Gtr NO L r 3 Wv LI5+t~ ji c > 5~ 5tl a T lit& vz,,,,,h c~ T-ttt 7'eN GI 7Z S- Bul]MwNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS tt o h 'o h 2 Y' ~ZL G= v. ki rs'` ,z L% J Bh " c r C~ \ i _ I nu( ~t.f 14-V! r vU G Z < V' 1 N v~tr Ot: IY 11 / 5 3 S-3 ~ ~ yr L/ I V" AV-0- 7-3 i 410 411 06,; ~/CCo s~cv VE,. T c° / ;✓1rC ~~„r~i y07Z /mow, ei u'C Ox &t L- csu U / `i~l~ '(p `S V- C' T y~ I S~w Y/E C T • v ~ I/1-t.tCob'r. t-~ ISS- U s~~ C/v~ li✓ 1 ~ S Ltd ~A-)O `t GAS J J ac cr< < O-cQ ae At 1141 S G~ iv 7-etLI,L7Shc( BullMtnNews.com E---- E- I We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS hris+-i e eat; 'v TO, Ct , 0 &46 .SW C'rest' 'ne Qt I 7,Q,? M ~1p lo' / 3 6711~- O'e5llt~w C4. 272-2-Y V &k` PN~ 77(0 '5+/`~ (f' 1-7 72 rs t ~N ~ 1.~~/4t l rl 1 '3 7 0 sw ~ M 9-) / 550 ctl C-f' Vq i t 6 nw-CL .seFF v E Let cn tw 15T 3o w r! Dr aaaq RED CI g-KE /3ro~1a sw CQ cwcc-. 222y d 14e ko--50 a. ond- 1 b3lo S~--o ~Z i A v.v 6 Sw 7 Y BullMtnNews.com J We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS t 145005w Nf11l j f -T "V4 1zz I Soo S~ 71 l C" a I VA 'W 1 ~c C4, w ~ NMI, of /yS.~✓ /~f! S~/{( /G 62. ?3- of 90"140-lit ~o 14", s A (Z 16 L)fz rx O (t) ~11f-7-1(, AAA C07 ~2 Z Y i uiJ 1~~ / SGc> ! 4 i i i i i Bu11MtnNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS 1401 l4 8-0 -1 SU ~y~ ~ I►' ~ d Zv wig/- ~e>d~ t ~c> StJ i 1"-- va (l 560 S`Sc.JCt~C,; ov1 o-4 n'1► LCD - i ? r~ w ► ~1} c- E° l S tU / ih / i' A o a 7 2V Bu11MtnNews.com ea Wg, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) GNATURE STREET ADDRESS s V 23A 7-,/ AL& mud ' AT 5 Si,) r i fc Oa .L.r ~ ~ 3g zZ S~ ~ ~e l;e- s 1j775- sw 7-,- &A Z/ C SS 7-2 5Sw7(,cAc 0 a4j-L7- ~ 35 i(16 E L s Bu11MtnNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS _22: 7 NO rv I 3 5S S. 6~u S. - v SCE 4Ic i' zy 7 z ctA1S o5 S~c~ 7Z2~ C U/ 14 1\1 A/ A/i I Lt) - y l~Y t .C~er4 ll ~U Sc-1 13 3 HMO /a, , / zz CTiq \-i 1-q vi i -r 14 w 133 ? Z BullMMNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS Sic Gj~bcq ZOcuh~~ •rtS i Svv 13 v~~f ~~'Ti Ciz M t t ezl j" 1L. ~ t ie~ P(Jl Ghcl UG& ll~+' / b o < L12 ra u -yua t~U TIG 2= c~ -7 Z7 BullMwNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS 54.E 1 X12 ii "2 1 R,c f,, ~,ti.~L, 'I J 4C /lti I ri J tf` /v111121G i ~ 761 ~lc~l I ~ ~ ~ y 5 ~ i.;'; n ~C7' c• ~ C~ l~/~ . LAIC (Zv o~ r z sq (ltV ✓ `C Z'~ ^ Z ~ Y7 SCv ('Aj a 'e' <t Z 3~ SL 4a Arti i 7e r ~ S - Jau ~-YZ 13z ~ ~ S cJ I G Z - i• f 5S lJ N? a S W; e - I SDat.{ S~Goml n ' O D L, 4R /Z-J~fsevsw~ 7"F~r~v/fw~2 S 4c.~ C( Bu11MtnNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (plea)c print) SIGNATURE REET ADDRES FShek;-~6, i i BullMWNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNA STREET ADDRESS tAll t "i IL 1/ s L 6 l," b e 1 y' 1~ Iiti fw r/ {-cv ( L t. 1, Yty r ~)V 1'1hwY"r- N570 IVA, 441411-,J/111 . -1 Y S S (XL -'-A o ` nr / o sw fi'v 3 u~ --i A ~j q (Z 1605 3O 01'k P /NA4, 19k j A- i So -7 fir. u fi d ~ / /O S w es ~ Z~ Bul M nNews.com We, the residents of unincorporated Bull Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS / ~ 7 a t~~~ L .1 a 1 a b o s w J.1t 01 t 2v S ,t~ N \6 H LR p ° 1~ Ae\ rte G ~2a'O Sw ly~j c? q z y Q- Su l 1 1 L_ d T' Jn 77 n ~ ~ ~ 7Z2y ~l 5 S to 14 7P- 1 i err c cc X30 - 1 y ~ y~ ~ z~. zz;" I &CYpo2e j4 f) to (nJ ! Yyos' Sw H~ Tr 97L j ILI '5 bs~~ ~R li ~ ~ y o ~ • S Toy ,~fl aay ~ 1- ne -7 SUSAnI Ros p~ 'gLJ 4' h ~'~rz nee T 7 tS o 1~aA 03 5 ~ ~~i ~or c!!r T ,Q a.2~ )q,9-c)-5 BullMtnNews.com We, the residents of unincorporated Bull Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS r~ N. D 6 C' - isz, i y C M9~jPA) hZf -ANA / 3z,- t t /V- C~//~ .c am / s 4~ S l L 7zr1 G1Rf"d77 b (c, Ot/ - i 155 S W 7-,,-)r C>-r T~ G BL111MtnNeN s.com We, the residents of unincorporated Bull Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNA RE - STREET ADDRESS ,ZoNI,) c4nyou..- 162-3,D -5L,> (-G la_ lt- amt- BullMmNuws.com g We, the residents of unincorporated Bull Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. % The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS ho ~ - ?z i - i r BullMtnNuws.com i F the residents of unincorporated Bull Mountain residing north of Bull ntain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS ell M, 14 - FiifllMmNews.com 1~ - - _ We, the residents of unincorporated Bull Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS v~ ~dt' ran 13"6655W k -i•' ~d 2~( I I i • r, BW1MtnNuws.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) S ATURE STREET ADDRESS n-~ST ti' 150.305 ~ v ~ r~ ,E', Bu11MtnNews.com We, the residents of unincorporated Bull Mountain residing south of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNAFPE STREET ADDRESS 1'2732- Sw tk41W(M VZ24 BuWwNews.com We, the residents of unincorporated Boll Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot: The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS ~arr► e S i~la, S 1"11 S SO IL/1- BtfflMtnNcws.com We, the residents of unincorporated Bull Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) ATURE -STREET ADDRESS ~r AX 5,e- 114 Ct. 13W1MtnNcws.com We, the residents of unincorporated Bull Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled Jelly 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS litill MtnNews.coin We, the residents of unincorporated Bull Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS -~'Ov q~' Z i i ` r• BallMmNews.com We, the residents of unincorporated Bun Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS sit /~l a s?e r~ M.arr~c ~ I G~ BuilMmNews.com We, the residents of unincorporated Bull Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print`) SIGNATURE STREET ADDRESS _ r i_S~t¢f S~ (~,SS4~ •~i wl t ~~'1 d BL lIMtnNcws.com We, the residents of unincorporated Bull Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. Tice purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS AY-,t e. 1~,= ! !o Z 4 S" S uJ fee U N! `7Z BL lMtnNuws.com We, the residents of unincorporated Bull Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) S NATURE STREET ADDRESS /J M~lf~ ! 5 S BLiIIMtnNuws.com We, the residents of unincorporated Built Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS e. ar cC.)e: , G Btill MmNuws.com I A We, the residents of unincorporated Bull Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS ~~F_Fe©1GS &zC6-5w /3v vrrT, r2r~ BullMtnN(:ws.com We, the residents of unincorporated Bull Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS 7kao BLill MtnNuws.com rl We, the residents of unincorporated Bull Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS }3 vi2T d ~S Sw ~v t_ orL 1L~ BullMtnNcws.com I We, the residents of unincorporated Bull Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please prim) SIGMATU STREET ADDRESS O V S-7-1 LZ S s -XW S~• qzl al G 3 OO Btill MtnNzws.com We, the residents of unincorporated Bull Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot: The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE. STREET ADDRESS S ~ Aar ~N S ~ ,v a l: ~Z ~ ~ 1 y 360 .Sl.~ /G iN K ,M~r► FN s~ - 1 H 3 6 o S w ~ ~ y Tri B1,1111MMNews.com We, the residents of unincorporated Bull Mountain residing north of Bull Mountain Road, respectfohly request the 7 ereard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS i✓v .STEly y~6I' /~/sr T~ G rt 14~ ~a S W L to 11 r . c. BullMmNews.com We, the residents of unincorporated Bull Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS ~ r d ~ ~ L ~ e ~f l~8 ~s s~,.~ B li !l k~.fk . • PBt lMtnNews.com We, the residents of unincorporated Bull Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot: The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (plea= print) SIGNATURE STREET ADDRESS pathiefle I how T a~A y 541 &6c~u_ WAYN~.. ~1-tc~ N I S f 55Ko SW GocoNY Cr 1 1 c. A" BullMtnNuws.com A F the residents of unincorporated Bull Mountain residing north of Bull ntain Road, respectfully request the Tigard City Council to delay for nine ths its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SI ATURE STREET ADDRESS • r, Bu11MtnNuws.com We, the residents of unincorporated Bull Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS i ~j U• .W.~vlvtii R. ; 0. c97L2. -r Bu11MwNews.com We, the residents of unincorporated Bull Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS 5 .sV~kR T ~vass cJ Ko~~ NPR B4i11MtnNuws.com We, the residents of unincorporated Bull Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to pest the annexation matter on the November 2004 ballot: The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS BLIHMwNews.com We, the residents of unincorporated Bull Mountain residing north of Bull Mountain Road, respectfully request the Tigard City Council to delay for nine months its scheduled July 2004 vote on whether to put the annexation matter on the November 2004 ballot. The purpose of this request is to offer us a reasonable opportunity to explore all annexation options. NAME (please print) SIGNATURE STREET ADDRESS / b - S woaa~oxS~~lAvg 2,2 ~o ► o5C? Sw I,~o a xz BullMtnNcws.com 71 AGENDA ITEM FOR AGENDA OF: July 13, 2004 MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor and Council FROM: Jane McGarvin DATE: July 1, 2004 SUBJECT: Three-Month Council Calendar Regularly scheduled Council Meetings are marked with an asterisk July 13 * Tues Council Business Meeting with Study Session - 6:30 p.m., Town Hall 20* Tues Council Workshop Meeting - 6:30 p.m., Town Hall 27 * Tues Council Business Meeting with Study Session - 6:30 p.m., Town Hall 28 Wed Tentative Council Business Meeting, Town Hall 29 Thurs Tentative Council Business Meeting, Town Hall August 3 Tues Tentative Council Business Meeting, Town Hall 10 * Tues Council Business Meeting with Study Session - 6:30 p.m., Town Hall 11 Wed Tentative Council Business Meeting, Town Hall 12 Thurs Tentative Council Business Meeting, Town Hall 17 * Tues Council Workshop Meeting - 6:30 p.m., Town Hall 24 * Tues Council Business Meeting with Study Session - 6:30 p.m., Town Hall L September C 6 Mon Labor Day Holiday - City Offices Closed 14 * Tues Council Business Meeting with Study Session - 6:30 p.m., Town Hall i 21 * Tues Council Workshop Meeting - 6:30 p.m., Town Hall 1 28 * Tues Council Business Meeting with Study Session - 6:30 p.m., Town Hall 1AADM\GREER\CITY COUNCIL\3 MONTH CALENDAR.DOC 3 nda 2004 August ess15: m. unctl TentatNe P9e Meeting p pe~in1e: Bu in ty n ~igatd City Co 27 x,004 Meeting 20 2004 July 730 P.M. t Ocatiom July Date'. Businessi6. Greeter: July 19, 2004 Meetln9.typeMme' City 1-1311 Matenals'Due @ dline: 16, 200 20, 2004 Meeting Bill D 2004 pPening D July on. Bid noon: N0 Workshopt6:30 P m t_0cati July i3l , 04 Scan Deadline @ ~►eet+n9 pate: Greeter. @ 5' Yes elsrme' City Hall Materials Due Dead line' Ju►y 12 20 2004 Atlotne dpnends: Typ Study Session Meettng ening July g, logUon. Bid OP noon: 2004 Yes @ Jut, 5, 2004 Scan Deadline Y Greeter 5; July es peadGne July 2, 2004 Televised'. : Session Materials Due @ Attome ptlendsStudy aid opening noon. No Y SESSION ITEMS Scan Deadline @ E ends No Televised: ends, 'N' "SOUL phome Ah SC supply Np STUD Update - Joint Meet Consent A9 ater 03rd - PPT mg ent Agenda QuadenyM mental Water B Cons Ovem Ft &F _ t:~z the lnter9 20 min M Goal - - COunctl G construction ° eettng and Update #30) -'Dennis - is planning Gill Award contract fo Sewer tRe1m District Councri strateg ev. NN - n0 Creek P ark kCRB - onih Goal R at F an 121st Ave Sanitary Six M in ~anfile construction Of pha$e 1 shelter location Dan _ 10 m . MpT10N - act lot grog' eeting Consider LibracY - Review and B Aw Ma~nt Business M of Findings NO of the newest plternattve SCR 5 pavement MalOr Ado Pttan tatem 0m 20 a d ils Rec NE eds FY p4-0 edical savings lion plan - Financial S er(i - MpTtON _ ~3nnie Ent of a m of Sandi gull t Anne%a M Selection - Rog0f park an 20 min establishm Sherrie ti R i _ PHA' Jim - 30 TO 'Draft Dan - tusk & Other Authorize the tan -RES Review Ne ent SuNEY " t of nNJEBA P construcon of .n COn ceP uter Rail accou st - Brie a Assessor oratm9 omm Award conat tract for Otlow e m Incorp merit Of PPT .Gus & Jim t.CRB . nail H 'Discuss Develop ,Teams intergovernental pn~enittes in -,.,,,,d - slope stabilization 0 Station in DOwntown ency gill D, Alan 0 to Sche n Craig 25 min Ods " pgr Master ee If tera9ment." MMp, I0tA argaret - Need stn Req an & BikE cif Financial REP patk City pede noun Policiesubm-ittat 01000-T eek ahe at Fanno UAuthbrar 1.onze S cation -RES -Duane rovement geed Req to lion lid for IMP eed R'[S 4 o loca S shelter Dan -10 min Grant AGpwi P&W Railroa Eng _ C Consider library - roach - istact of new kCRB edernan RR APP bursementt north of T m Formation of Sewer ReiNeed RT 4J " Gaarde Street - B Eng' eeti' usiness M ORD .PPS - UJ Plan _ PH - tr nexa lion continuadon Y d for Mtg gull Mt2 his e Jim - t3 & 29 Reserv JuL 2 1 1112004 Tigard City Council Tentative Agenda 2004 Meeting Date: August 10, 2004 Meeting Date: August 17, 2004 Meeting Date: August 24, 2004 Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Location: City Hall Location: City Hall Location: City Hall Greeter: Greeter: Greeter: Materials Due @ 5: July 27, 2004 Materials Due @ 5: August 3, 2004 Materials Due @ 5: August 10, 2004 Bid Opening Deadline: July 26, 2004 Bid Opening Deadline: August 2, 2004 Bid Opening Deadline: August 9, 2004 Scan Deadline @ noon: July 23, 2004 Scan Deadline @ noon: July 30, 2004 Scan Deadline @ noon: August 6, 2004 Televised: Yes Televised: No Televised: Yes Attorney Attends: Yes Attome Attends: No Attorney Attends: No Study Session Study Session Review Initial Draft Updated Parks SDC Methodology - Dan -15 min Council Affordable Housig Residential Services Grant Program Discussion - Liz -10 min Social Services Grant Program Coordination - Liz -10 min Consent Agenda Discussion of Sanitary Sewer & Storm Drainage Consent Agenda Public Facility Plans - Engin. - Need Req to Sched LCRB - DUST Construction Bid Award - Loreen ODOT IGA for Downtown Improvement Plan - Beth Appoint Planning Commissioner and alternate to Planning Commission - Susan LCRl3 - ContractAward for Mapleleaf Street Imp - Need Req to Sched Business Meeting Business Meeting Comp Plan Amendment to Chapter 6 (Housing) New Library Update - Margaret -15 min. (Standing - PH(Leg) - ORD - Duane -15 min Item - first meeting of month scheduled 12-22-03) Volunteer Recognition for CERT - Mike L -10 min Bull Mt Plan Ballot Title - PH - Liz -15 min AUG 11 & 12 Reserved for Mtg Continuation Finalization of Sanitary Sewer Reimbursement District # 24` Greg - Need Request to Schedule 7/1/2004 2 E AGENDA ITEM # 3 .3 FOR AGENDA OF July 13, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A RESOLUTION APPROVING BUDGET AMENDMENT #1 TO THE FY 2004- 05 BUDGET TO INCREASE APPROPRIATIONS FOR FUNDING OF THE SEIU LABOR AGREEMENT AND MANAGEMENT COST-OF-LIVING (COLA) PREPARED BY: Tom Imdieke DEPT HEAD OK CITY MGR OK _044-I'v- ISSUE BEFORE THE COUNCIL Should the City Council approve Budget Amendment #1 to the FY 2004-05 Adopted Budget to implement SEIU, non-represented, and management compensation adjustments and to create appropriations for temporary staffing in the City Administration Department? STAFF RECOMMENDATION Staff recommends approval of Budget Amendment #1. INFORMATION SUMMARY The City Council approved a new labor contract with SEW on June 22, 2004. The new labor contract goes into effect on July 1, 2004. The new labor agreement included a cost-of-living adjustment and an insurance package adjustment. The Council has also approved the same cost-of-living and insurance package adjustment for non- represented employees as well. Certain salary adjustments to several management and non-represented employees to reflect changes in the market were also approved. When the FY 2004-05 Budget was adopted by the City Council in early June, the new labor agreement with SEIU and the non-represented compensation package had not been finalized and approved by either the union or the Council. Therefore, the budget does not include appropriations for these adjustments. This budget amendment would transfer funds from the General Fund, Water Fund, Storm Sewer Fund, Sanitary Sewer Fund, Building Fund, Central Services Fund, and Fleet/Property Management Fund contingencies to the various City program budgets for the funding of these changes. The total transfer for all funds is $371,482. The attached exhibit shows the transfers for each individual division. In addition, the City Management Division of the City Administration Department requires additional appropriations to allow for coverage for an employee who is out on an extended leave of absence. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Attachment #1, Summary of Changes by Department/Division Resolution, with Exhibit A, approving Budget Amendment #1 to the FY 2004-05 Adopted Budget. FISCAL NOTES This action will transfer a total of $371,482 from various fund contingencies to increase appropriations to fund the adjustments outlined above. i ii I MR Attachment 1 Summary of Changes by Department/Division COLA, City Mgmt Insurance, Temporary Total Budget Unit Number etc, Staff Adjustment Police Administration 1110 $8,963 $0 $8,963 Police Operations 1120 27,563 0 27,563 Police Support Services 1130 14,047 0 14,047 Total Police $50,573 $0 $50,573 Library Administration 1410 $10,259 $0 $10,259 Reader Services 1420 10,641 0 10,641 Technical Services 1430 7,078 0 7,078 Circulation 1440 11,243 0 11,243 Total Library $39,221 $0 $39,221 Public Works Administration 2110 $16,348 $0 $16,348 Sanitary Sewer 2120 8,192 0 8,192 Storm Sewer 2130 9,896 0 9,896 Street Maintenance 2140 9,766 0 9,766 Fleet Maintenance 2150 3,311 0 3,311 Property Management 2160 4,042 0 4,042 Parks and Grounds 1600 12,594 0 12,594 Water 2170 17,758 0 17,758 Total Public Works $81,907 $0 $81,907 Community Development Administration 2210 $5,510 $0 $5,510 Building Inspection 2220 23,495 0 23,495 Current Planning 2230 12,787 0 12,787 Long Range Planning 2240 7,572 0 7,572 Total Community Development _$49,364 $0 $49,364 Engineering 2250 $28,503 $0 $28,503 Total Engineering $28,503 $0 $28,503 City Management 3120 $17,805 $45,900 $63,705 Information Technology 3140 12,853 0 12,853 Human Resources 3130 10,800 0 10,800 Risk Management 3150 2,817 0 2,817 Total City Administration $44,275 $45,900 $90,175 Finance Administration 3210 $8,948 $0 $8,948 Financial Operations 3230 11,636 0 11,636 Office Services 3320 7,584 0 7,584 Municipal Court 3340 3,571 0 3,571 Total Finance $31,739 $0 $31,739 Total Citywide $325,582 $45,900 $371,482 AGENDA ITEM # r FOR AGENDA OF July 13, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution Initiating Action to Transfer Jurisdiction of Certain County Roads within the City to the City. 0-1 PREPARED BY: Kim McMillan`~67✓t DEPT HEAD OK mo'tQ- CITY MGR OK -40-k-- ISSUE BEFORE THE COUNCIL Shall City Council accept County Road right-of-way within the City as City right-of-way ? STAFF RECOMMENDATION That City Council approve the attached Resolution accepting the transfer of jurisdiction of the road discussed. INFORMATION SUMMARY _ As a part of the Bridgeport Village project there is a need to transfer jurisdiction of several properties and rights-of- way. The right-of-way included in this resolution is for a remnant of Jean Road, south of the Borders Development and north of the ODOT Park and Ride. OTHER ALTERNATIVES CONSIDERED Not applicable. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST L Attachment 1: Proposed Resolution Exhibit "A": Legal Description Exhibit "B": Map j FISCAL NOTES i Not applicable AGENDA ITEM # 3. FOR AGENDA OF 7/13/04 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Moving- Contractor Contract Award PREPARED BY: Loreen Mills DEPT HEAD OK CITY MGR OK byyl- ISSUE BEFORE THE COUNCIL Should the Local Contract Review Board (LCRB) award a contract for moving services for Library and office relocations? STAFF RECOMMENDATION Staff recommends that the LCRB, by motion, approve the contract award to Lile Relocation Services for a one year contract that may be extended for no more than four, one-year option periods by mutual agreement by both parties and authorize the City Manager to enter into a contract for services. INFORMATION SUMMARY The City has need for moving services periodically through the year for relocation of offices, equipment and materials. In the past, these moves have been less than regular and were accomplished by contacting vendors who were available at the time. Since the City is going to be relocating 5 departments over the next 6 months, there has been a formal bid estimate process conducted to determine who would be best able to meet our needs. Moving companies submitted estimates, not firm bids, and a selection committee was brought together to review and rate the proposers. The committee was composed of Charlie Bahlman, the City's representative on the Library Construction Project; Linda Parker and Sandra Birkner from Library staff; Arnie Manzano, from Property Maintenance; and Loreen Mills from Administration. The committee reviewed the time and dollar estimates, checked references for a history of accurate estimates and damage-free moving services, and the proposer's understanding to the project. The evaluation criteria for this review were described in the bid document and are attached for your information. The following proposers were awarded points (out of a possible 400) as follows: Active Moving and Storage, Vancouver Washington 325 points Lile Relocation Services, Tualatin, Oregon 340 points Night Movers, Hillsboro, Oregon 280 points Rose City Moving & Storage, Portland, Oregon 269 points Willamette Express Ltd, Milwaukie, Oregon 306 points The estimates for conducting the Library and all office moves between now and December ranged between $32,000 and $48,000 and from 2+ days to 13.75 days. The committee determined that Lile Relocation Services was the best contractor for the City because: • the estimate for time and dollars was based on strong library and office move experience; ■ estimating history was very accurate and Lile used the same estimator on this proposal; ■ clear understanding of the project was evident and the proposal was well thought out; • rates for service and supplies were reasonable and "straight time" labor included Monday through Saturday ■ need to preserve citizen access to other departments during move was understood; and • the moving team assembled for this move is similar to that used for other successful library moves (Multnomah County Library, OSU and Valley Library, Chemeketa Community College Library, and PSU). OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Attachment 1 Proposal Evaluation Criteria and Point Distribution as set in the bid documents. FISCAL NOTES The estimated cost for the Library and office moves during FY 04-05 is $38,000 + $3,800 which is a City initiated contingency of 10%. Funds are budgeted in the Library Construction Project for the library move and in the Property & Facilities CIP budget for the office moves associated with the remodel of the old library building and city hall. Attachment 1 A. SELECTION AND EVALUATION PROCESS A Selection Committee assembled by the City will review the written proposals. Proposals will be evaluated to determine which ones best meet the needs of the City. After meeting the mandatory requirements, the proposals will be evaluated on both their technical and fee aspects. The Selection Committee will select the moving firm which best meets the City's needs based upon its evaluation of a firms proposal. It is the intent of the City to award contract to one provider. Provider shall be chosen based on the following criteria. Proposal Evaluation Criteria and Point Distribution: Proposals will be evaluated in accordance with the following: 1. Completed Proposal submitted on time Pass/Fail 2. An orizinal plus three (3) copies of the complete proposal Pass/Fail 3. Transmittal letter Pass/Fail 4. Firm qualifications 30 points The evaluation of the firm's qualifications as listed under Sections 4 & 5 of this RFP Packet. Technical experience of the firm and prior library and office facilities moving and relocation experience will be evaluated. 5. Proiect understanding and approach 25 points An evaluation of the proposer's work plan and general understanding of the project as detailed in Sections 4 & 5. 6. Proiect timeframe 25 points This will be an evaluation of the proposer's practical approach to meeting the City's specific deadlines as detailed in Sections 4 & 5. 7. Fee evaluation 20 points The evaluation of the proposed fee will consider the overall cost (fees plus out-of-pocket expenses) for each phase and the proposed hours and City assistance requested. All of these factors are important in evaluating the reasonableness of the fee and the Proposer's understanding of the requirements. Total Evaluation Points 100 points AGENDA ITEM # 3.5' 1P FOR AGENDA OF July 13, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award of Contract for the Construction of 100' Avenue & Murdock Street Sanitary Sewer Sewer Reimbursement District No. 27 PREPARED BY: Vannie N Men hbEPT HEAD OK: Agustin P. Duenas CITY MGR OK: Bill Monahan ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the contract award for the construction of 1000' Avenue & Murdock Street Sanitary Sewer? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board, by motion, approve the contract award to Dunn Construction, Inc., in the amount of $647,145.00. INFORMATION SUMMARY The proposed project is part of the Citywide Sanitary Sewer Extension Program and would provide sewer service to 74 lots along 96 h Avenue, 98`h Avenue, 100th Avenue, Murdock Street and Sattler Street through Sewer Reimbursement District No. 27. Through this program, the City would install public sewer to each lot within the Reimbursement District and the owners would reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each owner would be required to pay a connection fee of $2,535 before connecting to the line. The project was first bid in mid-2003, but could not be awarded because of lack of funds. This project was advertised for bids on June 15 and June 17, 2004 in the Daily Journal of Commerce and Tigard Times respectively. The bid opening was conducted on June 29, 2004 and the bid results are: Kerr Contractors, Inc. Tualatin, OR $ 700,890.50 Dunn Construction, Inc. Portland, OR $ 647,145.00 Engineer's Estimate $ 693,500 i Based on the bids submitted, the lowest responsive bid of $647,145.00 submitted by Dunn Construction, Inc., i appears to be reasonable. Staff recommends approval of the contract award to this qualified lowest bidder. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY 3 None ATTACHMENT LIST Project location map FISCAL NOTES The amount of $2,500,000 is available in the FY 2004-05 Citywide Sewer Extension Program for this and other sewer extension projects. The available funding is sufficient to award a contract of $647,145.00 to Dunn Construction, Inc. MOVW ~t WUndRIOM a mudO&VA34X 10WHrMGotk Mr&3d vwd w.dx URooCK t~Sl4" STREET 1001" AVENUE &,m PROGRAM TARP SWER EXTE27 FY 2004-05 SAKI gURSEMENI DISTRICT " REIM MC DONALD c a a ~ w W Q S ~ u°°'rw vK i SON ON s°am W TEMPLETON ELEMENTARY m M L x SCHOOL PERT sm W.'a U,DY MAR 0 AGENDA ITEM # SC FOR AGENDA OF July 13, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE _ Award of contract for City Labor Attorney services to Bullard Smith J emstedt Wilson and authorize City Manager to execute contract , ~n PREPARED BY: Sand Zodrow. HR Dir. PT HEAD OK t I AQY MGR OK M uW ISSUE BEFORE THE COUNCIL Should the Local Contract Review Board award a contract to the Bullard, Smith, Jernstedt, Wilson firm to perform labor attorney services and authorize the City Manager to execute the contract? STAFF RECOMMENDATION Staff recommends that the LCRB award a contract for labor attorney services to Bullard, Smith, Jemstedt, Wilson and authorize the City Manager to execute the contract INFORMATION SUMMARY The Bullard firm has provided labor relations services to the City of Tigard for over 10 years. These services include, but are not limited to, assistance with negotiations, grievance management, arbitration, contract administration, etc. A formal Request for Proposals process for labor attorney services was initiated to comply with City purchasing rules. After a comprehensive review of several competing bidders for this service, the City selected the Bullard firm to be awarded the contract. While we were negotiating the contract questions over liability insurance coverage and fee schedules came up but these have been resolved. Staff recommends that a) the City award a contract to the fine for the provision of labor attorney services to the City, and b) the City accept the terms of a rate increase effective July 1, 2004 as referenced in the Ken Bemis letter of June 9, 2004. The contract term continues until November 2005. OTHER ALTERNATIVES CONSIDERED Do not award a contract thereby directing staff to conduct a revised Request for Proposal process. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST a) Proposed contract for services b) June 23, 2004 memo to City Manager c) June 9, 2004 memo from Labor Attorney FISCAL NOTES The annual cost of the services is dependent upon the need for labor relations assistance throughout the contract term relative to such potential issues as dispute resolution activities, mid term contract negotiations, etc. 7~ CITY OF'DGARD, OREGON LEGAL COUNSEL PROFESSIONAL SERVICES CONTRACT THIS AGREEMENT made and entered into this _ day of December, 2003 by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon, hereinafter called City, and Bullard, Smith, Jernstedt and Wilson, hereinafter called Legal Counsel. RECITALS City has need for the services of a law firm with a particular training, ability, knowledge, and experience possessed by Legal Counsel, and City has determined that Legal Counsel is qualified and capable of performing the professional services as CITY does hereinafter require, under those terms and conditions set forth: AGREEMENT: The parties agree as follows: 1. LEGAL SERVICES TO BE PROVIDED: Legal Counsel shall initiate services immediately upon receipt of City's notice to proceed, together with an executed copy of this Agreement. Legal Counsel agrees to complete work that is detailed in Exhibit "A" and by this reference made a part hereof. 2. EFFECTIVE DATE AND DURATION: This Agreement shall become effective upon the date of execution, and shall expire, unless otherwise terminated or extended, on November 1, 2005. 3. COMPENSATION a. City agrees to pay Legal Counsel in accordance with this section for performance of services described herein. Payment shall be based upon a detailed monthly statement of services showing work performed and identifying specific legal matters worked on. Legal Counsel agrees to provide services under this agreement at a discount of 10% o ff the r egular hourly rate o f t he attorney providing such services. Hourly Rates: Effective December 1, 2003 the hourly rates including this discounts hall be as referenced in Exhibit `S". b. Payment by City to Legal Counsel for performance of services under this Agreement includes all expenses incurred by Legal Counsel, with the exception of expenses, if any identified in this Agreement as separately reimbursable. C. Payment will be made in installments based on Legal Counsel's invoice, subject to the approval of i the Director of Human Resources, or designee, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. d. Payment by City shall release City from any further obligation for payment to Legal Counsel, for services performed or expenses incurred as of the date of the statement of services. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. e Legal Counsel shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. Attomey-labor PS contract.doc 1 f. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 4. OWNERSHIP OF WORK PRODUCT: City shall be the owner of and shall be entitled to possession of any and all work products of Legal Counsel which result from this Agreement, including any computations, plans, correspondence or pertinent data and information gathered by or computed by Legal Counsel prior to termination of this Agreement by Legal Counsel or upon completion of the work pursuant to this Agreement. - 5. ASSIGNMENT/DELEGATION: Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment shall be of any force or effect whatsoever unless and until the other party has so consented. If City agrees to assignment of tasks to a subcontract, Legal Counsel shall be fully responsible for t he acts o r o missions o f any subcontractors a nd o f all persons a mployed by t hem, and neither the approval by City of any subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and City. 6. STATUS OF LEGAL COUNSEL AS INDEPENDENT CONTRACTOR: Legal Counsel certifies that: a. Legal Counsel acknowledges that for all purposes related to this Agreement, Legal Counsel is and shall be deemed to be an independent contractor as defined by ORS 670.700 and not an employee of City, shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore, in the event that Legal Counsel is found by a court of law or any administrative agency to be an employee of City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Legal Counsel under the terms of this Agreement, to the full extent of any benefits or other remuneration Legal Counsel receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Legal Counsel or to a third party) as a result of said finding. b. The undersigned Legal Counsel hereby represents that no employee of the City, or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from Legal Counsel, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. C. If this payment is to be charged against Federal funds, Legal Counsel certifies that he/she is not currently employed by the Federal Government and the amount charged does not exceed his or her normal charge for the type of service provided. d. Legal Counsel and its employees, if any, are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. e. Legal Counsel certifies that it currently has a City business tax receipt or will obtain one prior to delivering services under this Agreement. f. Legal Counsel is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. Attorney-labor PS conhamdoc 2 7. INDEMNITY: a. The City has relied upon the professional ability and training of Legal Counsel as a material inducement to enter into this Agreement. Legal Counsel represents to the City that the work under this contract will be performed in accordance with the professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Legal Counsel's work by the City shall not operate as a waiver or release. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. - b. Claims other than for Professional Liability. Legal Counsel agrees to hold harmless, indemnify and defend the City of Tigard, its officers, agents, and employees from any and all claims, losses, damages, expenses, including but not limited to reasonable attorney's fees arising out of acts or omissions of Legal Counsel in the course of Legal Counsel's performance of this agreement, up to the limits and scope of its comprehensive general liability insurance coverage for personal injury and property damage. C. As used in subsection b of this section, a claim for professional responsibility is a claim made against the City in which the City's alleged liability results directly or indirectly, in whole or in part, from the quality of the professional services provided by Legal Counsel, regardless of the type of claim made against the City. A claim for other than professional responsibility is a claim made against the City in which the City's alleged liability results from an act or omission by Legal Counsel unrelated to the quality of professional services provided by Legal Counsel. 8. INSURANCE: Legal Counsel and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of Legal Counsel's activities or work hereunder, including the operations of its subcontractors of any tier. The policy or policies of insurance maintained by the Legal Counsel and its subcontractor shall provide at least the following limits and coverage's: Attomey-labor PS contract.doc 3 a. Commercial General Liability Insurance Legal Counsel shall obtain, at Legal Counsel's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverase Limit General Aggregate $2,000,000 - Products-Completed Operations Aggregate 1,000,000 Personal & Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (Any one fire) 50,000 Medical Expense (Any one person) 5,000 b. Professional Liability Insurance Legal Counsel shall obtain, at Legal Counsel's expense, and keep in effect during the term of this contract, Professional Liability Insurance. This coverage shall include Annual Aggregate & Per Occurrence limits of $2,000,000 per attorney. C. Commercial Automobile Insurance Legal Counsel shall also obtain, at Legal Counsel's expense, and keep in effect during the term of the contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. d. Workers' Compensation Insurance The Legal Counsel, its subcontractors, if any, and all employers providing work, labor or materials under this Contract that are either subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers or employers that are exempt under ORS 656.126. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Legal Counsels who perform work without the assistance or labor of any employee need not obtain such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than $500,000 each accident. e. Additional Insured Provision The Commercial General Liability Insurance and other policies the City deems necessary shall include the City, its officers, directors, and employees as additional insureds with respect to this contract. f. Extended Reporting Coverage If any liability insurance required by this contract is arranged on a "claims made" basis, Extended Reporting coverage will be required at the completion of this contract to a duration of 24 months or the maximum time period the Legal Counsel's insurer will provide if less than 24 months. Legal Counsel will be responsible for furnishing certification of Extended Reporting coverage for 24 months following contract completion. Continuous "claims made" coverage will be acceptable in lieu of Extended Reporting coverage, provided its retroactive date is on or before the effective date of this contract. Attomey-labor PS contractdoc 4 g. Notice of Cancellation There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the City. Any failure to comply with this provision will not affect the insurance coverage provided to the City. The 30 days notice of cancellation provision shall be physically endorsed on to the policy. h. Insurance Carrier Rating Coverage's provided by the Legal Counsel must be underwritten by an insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. - i. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Legal Counsel shall furnish a Certificate of Insurance to the City. No contract shall be effected until the required certificates have been received and approved by the City. The certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the above address 10 days prior to coverage expiration. j. Primary Coverage Clarification The parties agree that Legal Counsel's coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained thy the City is excess and not contributory insurance with the insurance required in this section. Legal Counsel's insurance policy shall contain provisions that such policies shall not be canceled or their limits of liability reduced without thirty-(30) days prior notice to City. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of City, in lieu thereof, a certificate in form satisfactory to City certifying to the issuance of such insurance shall be forwarded to: Sandy Zodrow, Director of Human Resources City of Tigard Business Phone: 503-639-4171, Ext. 2408 13125 SW Hall Blvd. Business Fax: 503-539-6795 Tigard, Oregon 97223 Email Address: sandy@ci.tigard.or.us Such policies or certificates must be delivered prior to commencement of the work The procuring of such required insurance shall not be construed to limit Legal Counsel's liability hereunder. 9. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS AND MAKING PAYMENTS. All notices, bills and payments shall be made in writing and may be given by personal delivery, mail or by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following addresses shall be used to transmit notices, bills, payments, and other information: CITY OF TIGARD Sandy Zodrow, Director of Human Resources City of Tigard Business Phone: 503-639-4171, Ext. 2408 13125 SW Hall Blvd. Business Fax: 503-639-6795 Tigard, Oregon 97223 Email Address: sandynuci.tigard.or.us Attomey4abor PS conUactdoc 5 LEGAL COUNSEL Bullard, Smith, Jemstedt & Wilson 1000 SW Broadway Business Phone: 503-248-1134 Suite 1900 Business Fax: 503-224-8851 Portland, OR 97205 Email Address: kbemis@bullardlaw.com and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to who notices, bills and payments are to be given by giving written notice pursuant to this paragraph. 10. MERGER: This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 11. PROFESSIONAL SERVICES: The City requires that services provided pursuant to this agreement shall be provided to the City by a Legal Counsel that does not represent clients on matters contrary to City interests. Further, Legal Counsel shall not engage services of an attorney and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to City interests. Should the Legal Counsel represent clients on matters contrary to City interests or engage the services of an attorney and/or other professional who individually, or through members of his/her same fine, represents clients on matters contrary to City interests, Legal Counsel shall consult with the appropriate CITY representative regarding the conflict. After such consultation, the Legal Counsel shall have 30 days to eliminate the conflict to the satisfaction of the City. If such conflict is not eliminated within the specified time period, the agreement may be terminated pursuant to Section 13 (b - iii) of this agreement. i i Attomey-labor PS conu=doc 6 12. TERMINATION WITHOUT CAUSE: At any time and without cause, City shall have the right in its sole discretion, to terminate this Agreement by giving notice to Legal Counsel. If City terminates the contract pursuant to this paragraph, it shall pay Legal Counsel for services rendered to the date of termination. 13. TERMINATION WITS CAUSE: a. City may terminate this Agreement effective upon delivery of written notice to Legal Counsel, or at such later date as may be established by City, under any of the following conditions: - i. If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. iii. If any license or certificate required by law or regulation to be held by Legal Counsel, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied, revoked, or not renewed. iv. If Legal Counsel becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Legal Counsel, if a receiver or trustee is appointed for Legal Counsel, or if there is an assignment for the benefit of creditors of Legal Counsel. Any such termination of this agreement under paragraph (a) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. b. City, by written notice of default (including breach of contract) to Legal Counsel, may terminate the whole or any part of this Agreement: i. If L egal C ounsel fails to p rovide services called for by t his agreement w ithin the t ime specified herein or any extension thereof, or ii. If Legal Counsel fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten (10) days or such other period as City may authorize. iii. If Legal Counsel fails to eliminate a conflict as described in Section 11 of this agreement. The rights and remedies of City provided in the above clause related to defaults (including breach of contract) by Legal Counsel shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If City terminates this Agreement under paragraph (b), Legal Counsel shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by Legal Counsel bear to the total services otherwise required to be performed for such total fee; provided, that there shall be deducted from such amount the amount of damages, if any, sustained by City due to breach of contract by Legal Counsel. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. Attorney-labor PS contractdoc 7 14. ACCESS TO RECORDS: City shall have access t o s uch b ooks, documents, papers and r ecords of Legal Counsel a s a re directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 15. CITY ATTORNEY BAR MEMBERSHIP REQUIREMENT: Legal Counsel is responsible for maintaining Legal Counsel's professional standing as a member of the Oregon State Bar Association. _ 16. FORCE MAJEURE: Neither City nor Legal Counsel shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of t he c ause o f delay and i is p robable extent. Such n otification shall not be t he basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 17. NON-WAIVER: The failure of City to insist upon or enforce strict performance by Legal Counsel of any of the terms of this Agreement or to exercise any rights hereunder should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. 18 NON-DISCRDIINATION: Legal Counsel agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Legal Counsel also shall comply with the Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant to those laws. i 19. ATTORNEY'S FEES: ! In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party s hall p ay s uch s um a s t he court m ay a djudge reasonable attorney fees and court c osts, including attorney's fees and court costs on appeal. 20. GOVERNING LAW: i The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. Attomey-labor PS conh=doc 8 21. COMPLIANCE WITH APPLICABLE LAW: Legal Counsel shall comply with all federal, state, and local laws and ordinances applicable to the work under this Agreement. 22. CONFLICT BETWEEN TERMS: It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 23. AUDIT: Legal Counsel shall maintain records to assure conformance with the terms and conditions of this Agreement, and to assure adequate performance and accurate expenditures within the contract period. Legal Counsel agrees to permit City, the State of Oregon, the federal govemment, or their duly authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. 24. SEVERABILITY: In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 25. COMPLETE AGREEMENT: This Agreement and attached exhibits constitutes the entire Agreement between the parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Legal Counsel, by the signature of its authorized representative, hereby acknowledges that he has read this Agreement, understands it and agrees to be bound by its terms and conditions. IN WPTNESS WIMREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Legal Counsel has executed this Agreement on the date hereinabove fast written. City of Tigard C By: Authorized City ffperson letting contract Date i i Of- i Le Co sees Name Date Attomey4abor PS contractdoc 9 EXHIBIT "A" SERVICES TO BE PROVIDED SCOPE OF SERVICES A. Legal Counsel will be responsible for City legal labor representation as authorized by the City Council and/or City Manager. Authorization to perform specific tasks will come from Sandy Zodrow, Human Resources Director or other persons directly authorized by the City Manager. Ken Bemis will act as lead attorney. Ken Bemis is referred to herein as the "City Labor Attorney". B. Unless otherwise specified by the Human Resources Director, Legal Counsel will be responsible for: Labor relations, employment and related services including but not limited to: 1. Contract negotiations for the TPOA and SEW OPEU Local 503 collective bargaining units 2. Consulting services, including contract interpretation and administration, including representation at appropriate meetings/hearings; mediation, fact-finding and arbitration, dispute resolution; unfair labor practices; staff and/or Council strategy planning and progress meetings; representation, unit clarification and deauthorization matters; impact bargaining; communication and correspondence activities between the City and officials of the aforementioned bargaining units; and other employment related services as required. Attomey--labor PS conft=doc 10 Exhibit "B" Hourly Rates Attorney Hourly Rate Ken Bemis $190 Akin Blitz $205 Kathryn Hindman $190 David Wilson $210 Ric Alli $210 Helle Rode $190 Barbara Bloom $165 Kirk Peterson $165 Jackie Damm $190 Adam Collier $135 Daryl Walker $135 Attomey-labor PS conbutdoc 2 ACOl-v_ CERTIFICATE OF EILITY INSURANCE BULLAOPID -1 E DATE(MMlDDIYYYY) 12/12/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Fuller iron & Company HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Box 29018 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Portland OR 97296-9018 DEC 2003 ! Phone: 503-274-6511 Fax: 503-27 INSURERS AFFORDING COVERAGE NAIC # INSURED ~EESR ERA: Asurian states insurance Co. 19704 FUte: Amerian ioonomY 2nruz'anw Co. 19690 Bullard, Smith, Jernatadt ER C. HI~ rn s h d~g Poio0 M11 ORa972105Ste 1900 INSURER D: INSURER I COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD DATE MMIDD N LIMITS GENERALLWBILITY EACH OCCURRENCE $2000000 B X COMMERCIAL GENERAL LIABILITY 02806354956 01/01/04 01/01/05 PREMISES rence $1000000 CLAIMS MADE a OCCUR MED EXP (Any one Penton) _$10000 PERSONAL & ADV INJURY $1000000 GENERAL AGGREGATE s2000000 GENLAGGREGATE LIMIT APPLIES PER: PRODUCTS-CO MP/OPAGG $ 2000000 17 POLICY n JT&_ 71 LOC AUTOMOSILE LIABILITY I I COMBINED SINGLE LIMIT $ ANY AUTO ~I (Es accident) ALL OWNED AUTOS I BODILY INJURY s SCHEDULED AUTOS II (Per Peron) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Peracaldent)PROPERTY DAMAGE $ (Par accident) /ARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ H ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 1000000 A X OCCUR FICLAIMSMADE OICT00623510 01/01/04 01/01/05 AGGREGATE $ 1000000 s DEDUCTIBLE $ X RETENTION SO s WORKERS COMPENSATION AND I I TORY LIMBS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT Is ANY PROPRIETOR/PARTNER/EXECUTIVE OFFtCER/MEiABER EXCLUDED? I E.L. DISEASE - EA EMPLOYE S H yyeess describe under IJ E.L. DISEASE -POLICY LIMIT $ S"981,41. PROVISIONS below OTHER B Business Personal 02806354956 01/01/04 01/01/05 Limit 536000 property Dad 250 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Verification of Insurance CERTIFICATE HOLDER CANCELLATION CITY OF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Tigard NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn : Loreen Mills, Risk Mgr IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 13125 SW Hall Blvd Tigard OR 97223 REPRESENTATIVES. MDR FrSENT ACORD 25 (2001108) © ACORD CORPORATION 1988 A.M. Best's Rating for American Economy Insurance Company Page 1 of 1 .02286 - American Economy Insurance Company Member of Safeco Insurance Companies A.M. Best 02286 NAIC 19690 View a list of group members or the group's rating. Best's Rating A~ BE A (Excellent)* Financial Size Category XV ($2 billion or more) _ http://www3.ambest.com/mtings/rating.asp?AMBNum=02286&Site=ratings&Tab=2&RefNum=... 12/15/2003 June 23, 2004 TO: William A. Monahan, City Manager FROM: Sandy Zodrow, Human Resources Director RE: Contract for Labor Attorney Services As you will recall, after a comprehensive Request for Proposal process was completed in late 2002 for the purposes of obtaining labor attorney services for the City of Tigard, the Bullard, Smith, Jernstedt, Wilson firm was selected. The firm has been providing these services to the City for over ten years, however changes to the City's purchasing regulations required that the RFP process be utilized and a contract be established. The City and the firm continued discussions over a number of months regarding insurance and other details of the proposed contract and eventually resolved those matters. In January of 2004, when the parties were preparing to sign the final contract, the firm notified the City that its fee structure had changed since it's original submittal. Specifically as it relates to the fee structure, the City's Request for Proposals included the requirement that the successful bidder submit any proposed rate increases to their contract with the City accordingly: "11.3 Legal Counsel may request changes in the fee schedule annually if justifiable. Request for fee changes shall be submitted no later than December 30th of a year to be effective, if approved July 1 of the following year." As Mr. Bemis' attached June 9, 2004 letter indicates, the firm's rate structure experienced increases after they had submitted their response to our RFP and during the time both parties were resolving various insurance and liability provisions which was also prior to the contract being signed. Although the City's RFP process for consideration of rate adjustments (as noted above) required that rate increases needed to be submitted no later than December 30th, after considerable discussions with Ken Bemis, the City's labor attorney from the Bullard firm, we are recommending that the City Council approve a rate adjustment for the firm as indicated in their June 9, 2004 letter to be effective July 1, 2004. We have reviewed other public sector jurisdictions to identify how they handle their labor attorney contracts and service rate adjustments and have also reviewed a number of rate structures from other competing firms, and find both the process and the rates to be competitive with the proposed July 1 rates and consistent with the process we are utilizing. Thank you for your consideration. June 9, 2004 • A PROFESSIONAL CORPORATION PRIVILEGED AND CONFIDENTIAL ATTORNEYS AT LAW 1000 SW Broadway Suite 1900 Ms. Sandra Zodrow Portland. Oregon 97205 City of Tigard 503.248.1134 Fax: 503.224.8851 13125 SW Hall Boulevard www.builardlawcom Tigard, OR 97223 WorklawNetwork Affiliate Re: Legal Counsel Professional Services Contract www.worklaw.com Dear Sandy: This will confirm our discussions regarding execution of a Professional Services Contract with the City of Tigard. In summary, we Richard 1. AM. Jr. submitted a response to the City's Request for Proposal back in August 2002, Daniel R. Barnhart* which offered to extend the same discounted rate structure that we offer to certain Francis T. Barnwell other select public sector clients. The rate structure was proposed at a 10 percent Kenneth,:. Bemis discount from our standard hourly rates. For a variety of reasons, the parties were Akin Blitz, not ready to execute the final Agreement until January of 2004. Naturally, our Barb= A. Bloom regular rates had adjusted upward from August 2002, when the original RFP Garry R. Bullard material was submitted, and 1 provided notice of our current regular rates for Mitchell J. Cogen Adams. Collier proper inclusion in the Professional Services Contract when you were ready to Jacqueline M. Darttmt finalize. Although we were not yet party to a contract with the City, the City Kathryn M.Hindman• expressed concern-about the failure to provide notice of fee changes by Kenneth H.Jcrostedt' December 30, 2003, and has objected to the revised rates. Alan M. Lee Robert LLee At the City's regt;-st, and in compromise on this issue, we are Michael G. Mcclory' to '~.'.r-......-.1n ent the Ji~1v 1 aC cpt forth hP.l!!•u• Kirk S. Peterson' b • • 'r 20042 • David J. Riewald• Lessmitht Ken Bemis $215 Darryl D. Walker Akin Blitz $225 David H. Wilson Kathryn Hindman $225 David Wilson $245 ThomwLKramer-Of Counsel Ric Alli $250 L Kent Pearson, Jr. - Of Counsel Barb Bloom $200 Jim D. Korshoj - Retired Kirk Peterson $200 Jackie Damm $220 Adam Collier $175 Darryl Walker $165 M. admixed cwirwia • Wddaama L Dads 137738.docl[ 16213 A PROFESSIONAL CORPORATION PRIVILEGED AND CONMENTLAL Ms. Sandra Zodrow June 9, 2004 Page 2 Thereafter, we are also willing to provide notification of fee changes by December 30, to be effective July 1 of the following year. We trust this is acceptable and look forward to continuing our long-standing relations with the City. When the agreement is reaciy to execute, please forward the originals to my assistant, Michelle, who will arrange to get the appropriate signatures. If you have any questions, please don't hesitate to call our managing partner, Fran Barnwell, or our office administrator, Andy Kitchen. Thanks Sandy. Very truly urs, Kenneth . Bemis KEB/mw cc: Mr. Fran Barnwell Mr. Andy Kitchen Ms. Karla Stein AGENDA ITEM # FOR AGENDA OF 13 July 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Tualatin Valley Television (TVTV) Introduction PREPARED BY: Garv Ehrenfeld DEPT HEAD OK V-0~- CITY MGR OK ~nAf1✓ ISSUE BEFORE THE COUNCIL Listen to a presentation from Tualatin Valley Television Executive Director Marci Hosier. STAFF RECOMMENDATION Informational item, no Council action required. INFORMATION SUMMARY Executive Director Marci Hosier will introduce herself, discuss the services Tualatin Valley Television provides, and describe how her organization benefits the Tigard community. OTHER ALTERNATIVES CONSIDERED Not applicable. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Communication Goal #1, Action Committee Strategy: " Improve communication about all aspects of the city's business" and Action Committee Strategy: "Encourage public participation through accessibility and education." ATTACHMENT LIST None. FISCAL NOTES Not applicable. \\TIG333\USR\DEPTS%DM\CITY COUNCIL\COUNCIL AGENDA ITEM SUMMARIES\2003\TVTV AIS.DOC Good Evening Mayor Dirksen, City Councilors, City Staff and Citizens of Tigard---My name is Marci Hosier and I am the Executive Director of Tualatin Valley Television or TVTV. Before I get started giving our annual report to the Council, I would like to introduce our new board chair, Paul Sander partner at BKR Fordham Goodfellow in Hillsboro. Paul says a few words For those of you who don't know, Tualatin Valley Television is the designated Public, Educational and Government media access facility serving Tigard and 12 other jurisdictions. We provide training in video production, access to channels on the Comcast cable system and production services to local individuals, government agencies, educational institutions and other organizations. This has been a great year for TVTVI We managed to increase programming by 9% so far and increased our reservations for use of TVTV equipment and facilities by a little over 10%. We started a new program called Talk of the Town. We have openings on the August 9th programs and encourage council and staff to think of topics that might be of interest to your constituents. In April, TVTV stopped charging cities for coverage of City Council meetings and council work sessions. This was a decision based on the amount of franchise fees our jurisdictions contribute for the operation of TVTV. The reduction has allowed TVTV the ability to come in and cover city council meetings again for the City of Tigard free of charge. This year also marked great programming produced by the City Staff using the Civic Studio equipment to tape the Focus on Tigard program. TVTV continues to offer assistance and training to the City staff in operation of Media equipment. TVTV has become an award winning Media Access Facility. So far in 03-04 we've won three International Communicator Awards-one of which was a Crystal Award of Excellence for the Korean War Annivdrsary video---, Three Pegasus Awards and a Beacon Award. We're still proudly touting our 2003 Best of the Northwest Overall Excellence award for PEG programming awarded by the Northwest Regional Alliance for Community Media. So far this year, July 1 2003 to date, TVTV has provided approximately $735,744.64 in services in equipment usage alone to the communities we serve. This number comes from the number of reservations for studios, editing facilities, conference rooms, the dub cart and mobile equipment. I do have a basic TVTV fact sheet for you but I do want to point out that the City of Tigard Citizens comprise roughly 10% of database of producers, sponsors and crew for programming. We are working to produce a video about the Tigard City Library, covered the Say no to Hate Rally and have recently begun covering City Council meetings again. TVTV would like to thank the City of Tigard for allocating franchise fees to keep Public, Education and Government Media Access up and running in our area. Thank you for your time this evening. Entered into the Record on By Agenda Item # 4 Exhibit # Your for colrmnity aom►rnlnic aftn www.yourtvtv.org FACTS ABOUT TVTV: Tualatin Valley Television is celebrating 10 years of service this year! For the fiscal year ending 6/31/04 TVTV handled 2687 reservations for equipment and facility usage. TVTV provided 26,932 hours of programming on our channels that same year. Based on the usage of our editing equipment, studios, conference room, dub-cart and field equipment, for the 03-04 fiscal year, TVTV has provided over $735,740 in equipment usage alone. Approximately ten (10) percent of people listed in TVTV's database have a City of Tigard zip code. TVTV Services and Programming; TVTV provides hands-on Media Education training, Access to facilities, channels and equipment, and :management of two (2) public channels, two (2) Government/Educational channels and a shared metro wide channel on Comcast's cable system. In addition, TVTV provides Production Services for those organizations that don't want to produce programming themselves. What's New TVTV has recently revamped our Government programming schedules to include one live or premiere play of City council meetings and six replays. The City of Tigard also receives a set schedule for Focus on Tigard, which under the new schedule runs seven (7) times a week. The following services are available for the City of Tigard in consideration for their funding contributions to TVTV: 2 showcase productions per year, 1 additional meeting coverage (above and beyond Council meetings), 1 Town Hall type production (in TVTV Studio or in Council Chamber), 1 live call in program in TVTV studios and access to TVTV's new program called "Talk of the Town". Additionally, the City now takes advantage of TVTV's free council meeting coverage. TVTV eliminated fees for coverage of City Council meetings that are held in City Council Chambers in April. Production services beyond those highlighted above are billed at an hourly rate of $35 per hour. This is a reduced rate available to all TVTV jurisdictions. "Talk of the Town" is TVTV's newest program offering and has been very popular. Guests have included the City of Beaverton, the City of Hillsboro, City of Tualatin, Lake Oswego Arts foundations, Tigard Police, the North Plains police and many more. The format is talk show style with a host and guests. The program is a half hour long and each guest gets 13 minutes to discuss their topic with the host. Time slots are available for the August 9a' tapings and the City of Tigard is encouraged to think about topics that migbt be of interest to your constituents. Talk of the Town airs every Wednesday night on Channel 30 at 8pm. Tualatin Valley Television is extremely thankful that the City of Tigard contributes a portion of their cable franchise fee income for the support of Public, Educational and Government media access. Our goal is to provide the City with quality service and assistance in their communication needs. To, find out more about services available to the City of 77gard through TVTV, please contact Marci Hosier, Executive Director at 503.629-8534 ex. 106 AGENDA ITEM FOR AGENDA OF July 13, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Update on the New Tigard Library PREPARED BY: Margaret Bames DEPT HEAD OK CITY MGR OK V1 ISSUE BEFORE THE COUNCIL Presentation by staff to update the City Council about the new library. STAFF RECOMMENDATION The purpose of this presentation is to update the Council on the progress of construction on the new Tigard Public Library and other related matters. INFORMATION SUMMARY The focus of this monthly update will be to inform the Council on the progress of library construction during the past two weeks. The presentation will include efforts to raise needed funds for the new library, as well as information on how the public can learn more about the project. On May 21, 2002, Tigard voters passed a $13 million bond measure for the construction of a new library of approximately 47,000 square feet. This amount has paid for land acquisition, the design, construction and furnishings of the new library, parking and related street improvements. The site of the new library is a 14.5-acre property located along Hall Boulevard near O'Mara Street. The library building and parking will occupy about 5 acres of the site. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Goal #3: Adequate facilities are available for efficient delivery of life-long learning programs and services for all ages. ATTACHMENT LIST A. Set of powerpoint slides. FISCAL NOTES N/A loo, / r 70 0 ( 1 I Fj i dINIS A11119193"1 f! L~~ICStLt t Y ~ t Kt~ ~ : 000 ,N.i III~~ r~ VN . •fJ.1S'. i'. 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I 1 +7 y t ~t; ~.r~ ti Iti ~J, Irl'{ f'.; r ~ ~ t ~'y„Y ry ~,$y ~~'t k~ ~ t -J~•. x t i " t: • . r s' . ,sac \ .4 I r :.m . is ii Aw* g a IMF= W." Im 0 r~ tt ~ • 'L 34 O 1 S ~ i I Air A y a:. a A,1 WIT, ~!11C, i~,' J~,~s~ ♦ Ef4,J' k r 1 t1 ~ { {„yam u. 1 'ii•,'ksT4~j4 f ; r E~cisting Ubraf Y Closure Schedule Friday, .1uly 16 t,5- p.m., r ary Closes to Public.: minim ISCI be ~It not ~►brary w ur,ng 1 and • als. ~ d the T g neater' are close ed t~brarY d to anY \hile vie anY return n returne accept erials ca able to • me, neat . • tosure t' Lrbra'~ . this c n bounty a~ C \Na, her IleA a ®•3 ,q A • ebste kw~ . C°ty VN talogl ~~nline ca . ~N►LI net . cityscape . ~i Ord -t°mes 9 NNW I.EGIBI~ITY STRIP low a Q to 1 a ~ x AGENDA ITEM # FOR AGENDA OF July 13, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE An Ordinance Granting a Non-Exclusive Gas Utility Franchise to Northwest Natural Gas Co. and Fixing Terms Conditions and Compensation of Such Utility and Repealing All Ordinances and Parts of Ordinances That Conflict Herewith and Declaring an Emergency. PREPARED BY:_ Craig Prosser DEPT HEAD OK _ CITY MGR OK LAS ISSUE BEFORE THE COUNCIL Should Council approve a new, 10-year franchise for NW Natural Gas to use public rights of way within the City of Tigard? STAFF RECOMMENDATION Approve the franchise INFORMATION SUMMARY NW Natural Gas has held a franchise for use of public rights of way within the City of Tigard for a number of years. The most recent franchise expired in November 2003. The City and NW Natural have been negotiating a new franchise for the past year. The City and NW Natural have reached agreement, and that agreement is now before Council for approval. The 2004 Franchise contains several changes from prior years' franchises. The major changes include: 1. The agreement increases the amount of the franchise fee from 3% of gross revenues to 5% of gross revenues. This increase was anticipated in the FY 2004-05 Budget and will produce an estimated $260,000 for the General Fund. 2. The City will no longer have a unilateral right to increase the franchise fee up to the statutorily mandated maximum amount. This is less of an issue than it appears, however, because this franchise increases the franchise fee to the statutorily allowed amount. The franchise also includes a reopener clause in year 6 of the franchise that can be activated upon the request of either party. 3. NW Natural will be required to obtain permits, including payment of permit fees for all work in the public rights of way. This will help the City to track and manage work in the public rights of way. 4. If any work performed by NW Natural or its contractors is found by the City to be inadequate and the work is not corrected as provided by the City Engineer, the City can require NW Natural to post a performance bond to ensure the quality of future work. 5. NW Natural will submit as-built drawings to the City to help manage facilities within the public rights of way, and the City agrees to hold those drawings confidential as allowed by public records laws. 6. The City and NW Natural Gas will meet on at least an annual basis to coordinate construction activities. OTHER ALTERNATIVES CONSIDERED Do not approve the franchise. In this case, the City would need to develop new code language to govern the use of public rights of way by public utilities and would also presumably need to adopt new utility taxes to replace franchise fee revenues. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY NA ATTACHMENT LIST Ordinance, including Exhibit A, Franchise Agreement FISCAL NOTES This new franchise will produce additional revenues for the General Fund of approximately $260,000 per year, plus an undetermined amount of new permit fee revenues. City/ Council Document Transmittal CITY OF TIGARD To: OREGON From: Jeil-m- 1#26 Date: I'm sending you: Document Type: ❑ i A ❑ Contract Other Document Name: A10 A/~a f'dZ ~ Approved at the Council Meeting of: 71310X Number Copies Included: / []Your document(s) have been signed by the Mayor ❑ Your document(s) have been signed by the City Manager <Our document(s) requires an additional signature(s) ❑ When all signatures have been obtained, file an original document with City of Tigard Records ,BAd -tional instructions: ~6t?6 ~I BADMICITY COUNCIL%CI COUNCIL DOCUMENT TRANSMITTAL.DOC City Council Document Transmittal CITY OF TIGARD To: OREGON From:X Date: I'm sending you: Document Type: ❑ !PA ❑ Contract Other /C/ U) fa,Izzy-al Document Name: lV0 0~ Approved at the Council Meeting of: zr>o 61 Number Copies Included: Zy0ur document(s) have been signed by the Mayor ❑Y ur document(s) have been signed by the City Manager Your document(s) requires an additional signature(s) hen all signatures have been obtained, file an original document with City of Tigard Records ❑ Additional instructions: MADKCITY COUNCIL%CITY COUNCIL DOCUMENT TRANSMITTALDOC AGENDA ITEM # 7 FOR AGENDA OF Julv 13.2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution to Reconstitute the Transportation Financing Strategies Task Force PREPARED BY: A.P. uenas DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL A resolution reconstituting the Transportation Financing Strategies Task Force to explore feasible funding strategies for major transportation improvements, present recommendations to City Council, and assist in the development and implementation of those strategies. STAFF RECOMMENDATION Staff recommends that Council pass the attached resolution reconstituting the Task Force. INFORMATION SUMMARY The Transportation Financing Strategies Task Force was created by City Council Resolution No. 01-06 to explore feasible funding strategies for implementing transportation improvements and to assist in the development and implementation of those strategies. The Task Force began meeting in April 2001 and subsequently recommended implementation of a Street Maintenance Fee to address street maintenance needs in the City. That fee has been adopted by Council and is now in effect. The Task Force needs to continue with the task of evaluating funding strategies for major street improvements. Some of the members of the original Task Force will no longer be able to serve on the Task Force. In addition, increased representation from the business community would be desirable to ensure that the business perspective is provided as the process continues. The resolution presented for Council consideration would reconstitute the Task Force to delete some members and add new members to continue this vital work. The Tigard Chamber of Commerce has been invited to provide a representative from the business community but has not provided a representative to date. Washington Square Mall management has also been invited to provide a representative, but has replied that they will seek a representative from the Westside Economic Alliance to serve on the Task Force. If these groups do wish to participate at some point in the future, additional i members would be added by resolution. i OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The Task Force recommendation for creation of a Street Maintenance Fee provides a stable source of revenue for timely maintenance of the public street infrastructure and thereby meets the Tigard Beyond Tomorrow goal of Improve Traffic Safety. The establishment of the Street Maintenance Fee and any new funding sources recommended by the Task Force would meet the goal of Identify and Develop Funding Resources. ATTACHMENT LIST ■ Resolution ■ Exhibit A to the Resolution - Reconstituted Transportation Financing Strategies Task Force Membership (Effective July 13, 2004) FISCAL NOTES The Task Force will be charged with evaluating and recommending strategies to provide funding for major transportation improvements. Any new funding sources established through the Task Force recommendations and City Council action would be made available for those improvements through the City's Capital Improvement Program. Li"yO sl mxg Vwda mmm,rb v-13-04. moUbn mmto tln, Me NatlAoc AGENDA ITEM # ~f FOR AGENDA OF July 13, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution Commending the Transportation Financing Strategies Task Force Members for a Job Well Done PREPARED BY: A.P. Duenas DEPT HEAD OK "t CITY MGR OK L4'Vk"`-- ISSUE BEFORE THE COUNCIL A resolution submitted for Council consideration to acknowledge the accomplishments of the Transportation Financing Strategies Task Force, to declare this phase of the Task Force work as completed, and to commend the Task Force members for a job well done. STAFF RECOMMENDATION Staff recommends that Council pass the attached resolution. INFORMATION SUMMARY The Transportation Financing Strategies Task Force was created by City Council Resolution No. 01-06 to explore feasible funding strategies for implementing transportation improvements and to assist in the development and implementation of those strategies. The Task Force began meeting in April 2001 and subsequently recommended implementation of a Street Maintenance Fee to address street maintenance needs in the City. That fee has been adopted by Council and is now in effect. The Task Force needs to continue with the task of evaluating funding strategies for major street improvements. Some of the members of the original Task Force will no longer be able to serve on the Task Force. In addition, increased representation from the business community would be desirable to ensure that the business perspective is provided as the process continues. The Task Force will be reconstituted to drop some members and add new members before continuing with the work. It therefore seems like an appropriate time to conclude the work of the original Task Force and thank the members that served during the past three years for their accomplishments to date. The Task Force will be reconstituted by separate resolution. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The Task Force recommendation for creation of a Street Maintenance Fee provides a stable source of revenue for timely maintenance of the public street infrastructure and thereby meets the Tigard Beyond Tomorrow goal of Improve Traffic Safety. The establishment of the Street Maintenance Fee also meets the goal of Identify and Develop Funding Resources. ATTACHMENT LIST ■ Resolution ■ Exhibit A to the Resolution - Transportation Financing Strategies Task Force Membership (February 2001 to July 2004) FISCAL NOTES The Street Maintenance Fee recommended by the Task Force and established by City Council should provide approximately $800,000 in new revenue annually to address the City's street maintenance needs. Var*V VzurK l apeoda sumna im%7.110W - reWuUm oomrmWe On daU mambw&doc AGENDA ITEM # FOR AGENDA OF 07-13-04 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE National Night Out - PREPARED BY: Jim Wolf -Public Information Officer DEPT HEAD OKW*MITY MGR OK L,~ ISSUE BEFORE THE COUNCIL Information to Council and community on the second annual National Night Out STAFF RECOMMENDATION None - information only INFORMATION SUMMARY Tigard Police will once again be participating in National Night Out. National Night Out is a nationwide event whereby over 34 million people across the country are expected to join forces to promote police - community partnerships: crime, drug and violence prevention; safety and neighborhood unity. The event is taking place on the evening of Tuesday, August P. Last year, Tigard's first ever involvement, was very successful. Over 32 neighborhoods hosted some type of community building event such as a block party, cook out ice cream social, etc., in efforts to "give crime and drugs a going away party." Plans are underway this year to increase the neighborhood participation in efforts to further solidify the importance of neighbors working together to create safer neighborhoods and reducing opportunity for crime. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY r Expand the "Neighborhood Watch" program in Tigard ATTACHMENT LIST is none 1 FISCAL NOTES No cost. Each neighborhood provides for their celebration. p t K IA, i f rrp, x + / I Yb rk'~ ~ 1 ~ A f x• . COMMU61il * ~r Iyear s out t h on al ed Over . s ►nclud hey e , L. .clfiber n = lebratlons and►~=.. ►g 1 4 is goo r OTW r ~s Attie Ovice and ~ an A merioa' ' 'a Dross P • lion ° , t1rnated 34 'm~~ n es resents 9 people rep .ties v~ell ,mun~ COM r• cipate . piar _!i for out F, tookin~ F hbors "best Ne~g,~ * • -the l other each ear. ~t syst seGUr y k F . '4 LGVIOIid 1 I a 1 Mir "National Night Out" is About. citizen invoivement This is key in efforts to hold down the elements of crime Residents acting as the "eyes and ears" for the police i+GViDILi 1 { .7 ► Rit polo p j3us~jnessels t 1 aft On al out Tigard's bv►sines gets a1so nit ~u y ,o another Wks 1 jn\jOl\jed P ®VIGe- _ . r~ amp'e o a + ' . rnMU co , to foster lp a paltnersh of , ual►ty Iq 11je. LEGIBILITY STRIP OWN to get started How Crime Prevention Officer at . Contact the 8-2561 for °area police-Tigard 503-71 information and to pre-reg,ster Your ne19hbors to determine how • Talk to your rt icipate your neighborhood will pa M - NNIMINNIM LC;usrurr stfur was (vetting doing . • Attend the Conlrnunity Resource Fair on St Ha gen's to obtain rr►aterialsn July 3~ at 99 borhood s celebratio assist ►n your neigh the City of Tigard website for more Visit information - vvWW.ci.tigard.or.us 77 w~,y me and Drugs a "Going . I Cd ~r 1 a C~jve party in ~o mad ac.r • e e AGENDA ITEM # D FOR AGENDA OF July 13, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Vacation of an approximately 4,387 square foot portion of public right-of-way common] known as SW 72nd Avenue VAC2004-00001 . PREPARED BY: Mathew Scheideuger DEPT HEAD OK ITY MGR OK V04W\, ISSUE BEFORE THE COUNCIL Should the City Council vacate an approximately 4,387 square foot portion of public right-of-way commonly known as SW 72"d Avenue? STAFF RECOMMENDATION It is recommended that the City Council vacate the requested 4,387 square foot portion of public right-of-way commonly known as SW 72"d Avenue. INFORMATION SUMMARY In the City vacation process, there are two ways of initiating the vacation of streets, easements and other public dedicated areas. An applicant may file a vacation petition with the City Council, which initiates a vacation by passing a Resolution to schedule a formal public hearing to consider such requests. The second option is for an applicant to file a petition with the Planning Commission requesting a vacation. This requires signatures of all abutting property owners and of the owners of two-thirds of the properties affected by the vacation. The Planning Commission then makes a recommendation to the City Council based on compliance with the Comprehensive Plan. The applicant has asked the City Council to initiate vacation proceedings. The Council initiated the proceedings on May 11 `h, 2004. The portions of SW 72nd Avenue that have been requested to be vacated are to the southwest of the Borders/Bed Bath and Beyond commercial center. The reason for the vacation request is for the realignment of SW 72nd Avenue in connection with the relocation of the Bridgeport Village restaurant and the Bridgport Village (Durham Quarry) commercial center. The applicant, Opus Northwest has received Site Development Review (SDR) for a new access into the Borders/Bed Bath and Beyond commercial center (SDR2003-00017) in conjunction with the relocation of the Bridgeport Village restaurant. The approval of the SDR has been conditioned upon the successful completion of the requested vacation. The majority of the land underlying the former right-of-way is within the jurisdiction of the City of Tualatin. However, three small segments (0.1 acres total) are subject to Tigard's jurisdiction. With the successful vacation of the requested right-of-way, the subject square footage would be incorporated into adjoining parcels within the City of Tigard. OTHER ALTERNATIVES CONSIDERED Take no action at this time. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Attachment 1: Proposed Ordinance Exhibit A-1, A-2, A-3 (Legal Descriptions) Exhibit B-1, B-2, B-3 (Plat Maps) Attachment 2: Letter Requesting Initiation of the Vacation Attachment 3: Vicinity Map FISCAL NOTES There are no direct fiscal impacts as a result of this request as all fees will be paid by the applicant from their deposit. L n J Q u u AGENDA ITEM No. II Date: July 13, 2004 TESTIMONY SIGN-UP SHEET Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING (INFORMATIONAL) CONSIDER A RESOLUTION FORMING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 30 SW 121St Avenue Due to Time Constraints City Council May Impose A Time Limit on Testimony hADMIGREERICCSIGNUMPH TESTMNY FORM SAN SEWER DIST.DOC AGENDA ITEM No. II Date: July 13, 2004 PLEASE PRINT Pro onent - (Speaking In Favor O onent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No' Name, Address & Phone No. _4;OA) !'an t7ey, y Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AGENDA ITEM # FOR AGENDA OF July 13, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Formation of Sanitary Sewer Reimbursement District No 30 (SW 121St Avenue) PREPARED BY: G. Bevy DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Formation of a sewer reimbursement district to construct a sanitary sewer project as part of the Neighborhood Sewer Extension Program. STAFF RECOMMENDATION Approval of the attached Resolution forming the Reimbursement District. INFORMATION SUMMARY The proposed project would provide sewer service to seventy lots along SW 121St Avenue south of Tippit Place. Through the City's Neighborhood Sewer Extension Program, the City would install public sewers to each lot within the Reimbursement District and the owners would reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each owner would be required to pay a connection fee, currently $2,535, before connecting to the line and would be responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. Each owner has been notified of the hearing by mail. The notice, mailing list and additional details are included in the City Engineer's Report attached as Exhibit A to the proposed resolution. The project is currently being advertised for bids. The next step after Council approval of the district formation is to accept and review bids to determine if a recommendation should be made to award a contract for construction. Another resolution to finalize the formation of the Reimbursement District, with cost adjustments, will be submitted for Council action after construction is completed and actual construction costs are determined. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Proposed Resolution Exhibit A, City Engineer's Report Exhibit B, Map Vicinity Map Communication Plan Notice to Owners Mailing List Resolutions Nos. 01- 46, 03-55 FISCAL NOTES Funding is by unrestricted sanitary sewer funds. tterVW04.22005 h dp11211f awnM rokn"aamam dtl M3M" manta brmadorA7.13-01 rekn dat 30 NSA= W14 sil 'S L.t~ N 1 H ST E 'S Lp~ /QUAIL C E 1K q Z C I H L LN - t!a J` "O ;;y NAME,, O t!~ G 77 Fol AfX vo L a o o SSf W ui (n 04 C') r v n IP ~ i P / J N N ySi , c c, o co C ao Communications Plan 12131 Avenue Sanitary Sewer Extension Program Goal: Construction Sanitary Sewer Extension for Reimbursement District No. 30. Timeline: FY 04-05 Construction Season. Communication Goal: To communicate to property owners within the Sanitary Sewer Reimbursement District the estimated cost of connecting to the public sanitary sewer line, the construction schedule, and final cost for the Reimbursement District. Date Item Description Responsibility Explain Citywide San Sewer Extension Program Vannie 3/18/04 General Meeting to property owners proposed to be included in a Greg Reimbursement District for FY04-05 4/8/03 Neighborhood Meeting Mail 4/21/04 meeting notices to property owners Diane Notice within proposed Reimbursement District. Bethan Post Meeting on Events Calendar and post map 4/8/03 Events Calendar/Web Page of District on Reimbursement District website. Diane Meet with property owners to review estimated Vannie 4/21/04 Neighborhood Meeting costs and construction activity. Greg Westlake 6/28/04 Formation Hearing Notice Mail Formation Hearing Notice to Property Diane Owners within proposed Reimbursement District. Bethany Submit Advertisement to DJC to publish 6/22/04 Diane 6-18-04 Advertisement and TT to publish 6/24/04 for Construction of Bethany Reimbursement District. 7/13/04 Formation Hearing with CC Public Hearing with City Council to review Greg formation of proposed Reimbursement District. Mail Notice of City Council's Decision to property Diane 7/14/04 Notice of Decision owners within Reimbursement District Bethany 7/13/04 Bid Opening Opening of Bids at public bid opening. Vannie Diane 7/13/04 City Council Submittal Submit Agenda item summary - recommend Vannie contract be awarded to low bidder if appropriate. 7/20/04 City Council/LCRB City Council - Awards or rejects contract. Gus 7/21/04 Award Bid Send NOA and contract documents to lowest Diane bidder after awarded b CC. Bethany Inspector and Contractor meet prior to beginning 7/04 Pre-Construction Meeting work to go review proposed work and establish Mike Mills communication plan. 8/2/04 Notice to Proceed Issue NTP after Performance Bond and Insurance Diane Certificates received and contract is signed. Bethany 8//04 Traffic Control Plan Plan needs to be approved by construction Mike Mills inspector and project manager Vannie 8/04 Lateral Locations Confirm with property owners location of laterals Mike Mills 8/04 Construction Inspection Inspector is available to receive and respond to Mike Mills complaints 8/04 Construction Notice Hang Construction Notice on doorknobs of Mike Mills property impacted b project Contractor Notice to property owners of Send hearing notice, Resolution, property owner Greg 10/04 Assessment Hearing with CC cost to each property owner. Diane/Bethany 10/04 Notice of Assessment Send Resolution with attachments to each Greg property Diane/Bethany Prepared by: Diane M. Jelderks Senior Administrative Specialist Approved by: P. June 28, 2004 NOTICE informational Hearing NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL AT A MEETING ON TUESDAY, July 13, 2004 AT 7:30 PM IN THE TOWN HALL OF THE TIGARD CIVIC CENTER 13125 SW HALL BLVD TIGARD OR 97223 TO CONSIDER THE FOLLOWING: Proposed Sanitary Sewer Reimbursement District No. 30. (SW 121St Avenue) The Tigard City Council will conduct an informational public hearing to hear testimony on the proposed Reimbursement District formed to install sewers in SW 1.21St Avenue. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.060 of the Tigard Municipal Code. Further information and the scheduled time for this item during the Council meeting may be obtained from the Engineering Department, 13125 SW Hall Blvd. Tigard, Oregon 97223, by calling 503 718-2468 or at www.ci.tigard.or.us. 1-.Uwg12o0 -2005 N tlp\121et sanitary MknWM0Ment OI6t #3MCIty councY foM2WnVgtlce 1. lottnatbn eearln0.tloe Proposed Sanitary Sewer Reimbursement District No. 30 (SW 121" Avenue) At this meeting, City Council will be requested to form a sewer reimbursement district to provide your neighborhood with sewer service. There is no requirement to connect to the sewer or pay any fee until connection is made. Each property owner's estimated fair share is summarized in the attached tables. The lots have been divided into two groups. The Schedule A group includes the sixty-seven lots that will be provided with service from a new line. Each owner in this group will be assigned a fair share of the cost of the project based on the area of the lot served. The remaining three lots south of Howard Drive will be included in the Schedule B group. These lots could be served from an existing sewer mainline in SW 121St Avenue by individual connection lines from the mainline. The work included in the Schedule B portion of the proposed district will be limited to the installation of these connection lines. Each owner will be assigned an equal fair share of the total cost of installing the connection lines. The amounts for both portions of the project will be revised once construction is completed and final costs are determined. An annual increase of 6.05% simple interest will also be applied to this amount. The amount each property owner will be required to pay will be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report following construction, in accordance with Resolution 01-46. Please note that this resolution also requires the owner to pay any fair share amounts that exceed $15,000. Consequently, if the final fair share for an owner exceeds $15,000, the owner would be required to pay $6,000 plus the amount the fair share exceeds $15,000. Under Resolution 03-55, payment of the amount in excess of $15,000 may be deferred until the owner's lot is developed. The owner would also be required to pay a connection fee of $2,535 at the time of connection to the sewer. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. i.*V000420M fy tl,%,z,st sw tary mgmh cement dM S30 dty mwx l b mafloNMw , leamdoc 2S103C8-02200 2S103BC-03100 BEATY NORMA A CONN ALISSA L & MICHAEL L 12170 SW JAMES ST 12240 SW ALBERTA ST TIGARD, OR 97223 TIGARD, OR 97223 2S10313C-01700 2S103CB-04700 BECKER GORDON S AND DAHL STEPHEN MARION S MARJORIE K 12170 SW MARION 12905 SW 121ST AVENUE TIGARD, OR 97223 TIGARD, OR 97223 2S103CB-02600 2S103BC-02000 BERGSTROM EDWARD A DAWES RICHARD C & LISA A 12165 SW MARION 12205 SW ALBERTA ST TIGARD, OR 97223 TIGARD, OR 97223 2S103CS-04100 2S103CB-02601 BERINGER BRIAN J & ANN L DELANO NELLIE M & GARY W 12290 SW MARION ST 12185 SW MARION ST TIGARD, OR 97223 TIGARD, OR 97223 2S103CA-00303 2S103CB-01800 BETTENCOURT RICHARD ELLIS & DENKER LES & DEBBIE LORRAINE 12260 SW JAMES ST 13240 SW 21ST AVE TIGARD, OR 97223 TIGARD, OR 97223 2S103CB-02300 2S1038C-01400 BORST DONNA S DUNNING DRAKE D & 12150 SW JAMES MARY P TIGARD, OR 97223 12745 SW 121ST AVE TIGARD, OR 97223 2S103CD-04400 2S103C13-02500 BROWN MICHAEL J & ENG DEAN RIES-BROWN JUNITA M 10014 SE CLINTON AVE 13530 SW 121ST ST PORTLAND, OR 97266 TIGARD, OR 97223 2S103CB-01900 2S103BC-01900 BRUNNER LANE E & CYNTHIA M GENTIS STEVEN W 12240 SW JAMES ST 12175 SW ALBERTA TIGARD, OR 97223 TIGARD, OR 97223 I I 2S 103BC-02700 2SI03CB-00500 BUCHHOLZ KYLE J GROSSE' FAMILY TRUST 12120 SW ALBERTA ST BY GROSSE' EUGENE R/ELIZABETH F TRS TIGARD, OR 97223 12185 SW JAMES ST TIGARD, OR 97223 2S1038C-02300 ;S1 3B -030 CHAVEZ JAIME A & KAREN GR IL R WARD & 12295 SW ALBERTA ST C Y M TIGARD, OR 97223 12 0 1S V TI R , O 972 2,4103CB-03001 2S103CB-02800 HARRIS RONALD C AND LILA S KAUSLER WILLIAM M & MELISSA J 1225 PARK AVE #12C 12225 SW MARION ST NEW YORK, NY 10128 TIGARD, OR 97223 2S103CA-02000 2S103BC-02900 HAWKINS CYNTHIA J KELLY DANIEL D & MELODIE 13460 SW 121 STAVE 12180 SW ALBERTA TIGARD, OR 97223 TIGARD, OR 97223 2SI03CB-02000 2S103BD-03500 IVERSON LARRY T & SANDRA L KIRCHER ROBERT B 12220 SW JAMES ST PHYLLIS F TIGARD, OR 97223 12970 SW 121ST TIGARD, OR 97223 2S103CB4)0300 2S103CB-00100 JAGOSH JOHN LANCASTER MICHAEL T AND 12905 SW 135TH AVE PATRICIA TIGARD, OR 97223 13035 SW 121ST AVE TIGARD, OR 97223 2S103CB-02900 2S103BC-018DO JOHNSON H DALE AND LAPLANTE FELIX F AND SALLY J GRACE V TRUSTEES 12145 SW ALBERTA STREET 12245 SW MARION TIGARD, OR 97223 TIGARD, OR 97223 2S103CA-00309 2S103CB-00200 JONES HOLDINGS LLC LEAR JOE JR & JOANN BY RUTH WOOD JONES 13065 SW 121ST 1132 SW 57TH AVE TIGARD, OR 97223 PORTLAND, OR 97221 -00310 2S103BD-03600 JON OL GS LLC LOFGREN RICHARD W & PATRICIA M BY RUT OOD JONES 11935 SW FONNER ST 1132 5 AVE TIGARD, OR 97223 PO LAND, OR 7221 2S1 CA-00311 2S103CA-00301 JONE OLDI LLC MENDE MICHAEL J BY RUT OD JONE 14775 NW JEWELL LN 113 5 HAVE PORTLAND, OR 97229 RTLAND, 97221 J 2S103CB-04600 2S103CB-02700 JONES RICHARD W MUNSON KURT RAND JULIA H SHARON R 12205 SW MARION ST 12190 SW MARION ST TIGARD, OR 97223 TIGARD, OR 97223 2S103BD-03700 2S103BC-03200 JOSEPH BRENDA M & NASH FAMILY REV LIV TRUST BRUMMETT JUSTIN P BY DOUGLAS E/NANCY LOU NASH TRS 11905 SW FONNER ST 12270 SW ALBERTA AVE TIGARD, OR 97223 TIGARD, OR 97223 2S103CA-00500 2S103CB-04200 NORRIS LONNIE D AND PRICE JOHN H & NORMA J MARILYN M 12270 SW MARION ST 13300 SW 121ST AVE TIGARD, OR 97223 TIGARD, OR 97223 2S103CB-04500 2S103BD-03200 NORTON CLAYTON E RAMIREZ EDUARDO & LUCIA 12210 SW MARION ST 12840 SW 121ST AVE TIGARD, OR 97223 TIGARD, OR 97223 2S103BC-03300 2S1036C-01500 OLIVER CHARLES ABETH M REED GEORGIA J LIVING TRUST 12300 SW ALBERTA ST 12795 SW 121ST AVE TIGARD, OR 97223 TIGARD, OR 97223 2S1038C-016W 2S103C13-00501 OSGOOD CHERYL & SCHMIDTMANN BRANDT & KAREN K WORRELL TERRY D & 12215 SW JAMES ST YATES JONATHAN TIGARD, OR 97223 11782 SW SWENDON LOOP TIGARD, OR 97223 2S10313C-03000 2S103C8.00600 OTTING JOHN H SCHMIDTMANN BRANDT & KAREN K Go OTTING STEPHEN J 12215 SW JAMES ST 8885 SW O'MARA TIGARD, OR 97223 TIGARD, OR 97223 2S703CB4)4400 2S103C8-01701 OWNBEY DAVID LLOYD & SELNER JOHN JOSEPH & MAXINE ELL PATRICIA ANNE 12280 SW JAMES ST 12230 SW MARION ST TIGARD, OR 97223 TIGARD, OR 97223 2S10313D-03400 2S103C13-03000 PALACIOS ARMANDO & PATRICIA & SHEPHERD NICHOLAS M & PALACIOS RUBEN & OLGA THORKELSON APRIL L 12920 SW 121ST AVE 12265 SW MARION ST TIGARD, OR 97223 TIGARD, OR 97223 2S103CB-04800 2S103BC-02100 PARKER BENJAMIN J & KIMBERLY A SITZMAN DEANE D/ANNA L 13305 SW 121 STAVE 12235 SW ALBERT ST 1 TIGARD, OR 97223 TIGARD, OR 97223 1 2S103BC-02200 2S103CA-00602 PEDERSEN NORMAN LEROY & ALICE M SJULIN-GREGER FAMILY TRUST 12265 SW ALBERTA ST BY SJULIN JAMES M & TIGARD, OR 97223 GREGER GAY L TRS 4028 SE SALMON PORTLAND, OR 97214 2S703CA4)0603 2S103BD-03300 PETITT THOMAS J & ERIN D SMITH SANDRA T 13400 SW 121 STAVE 12880 SW 121ST TIGARD, OR 97223 TIGARD, OR 97223 29103CA-00400 2S103CA-00307 SPANGLER JAMES P & KAREN L WILSON RONALD R DIANE M 13285 SW HOWARD DR 13200 SW 121ST TIGARD, OR 97223 TIGARD, OR 97223 2SI03CB-00400 STAEHNKE BENJAMIN M VIRGINIA L 12165 SW JAMES TIGARD, OR 97223 2SI03BC-02800 STRENDING EDWARD MARIANN 12150 SW ALBERTA TIGARD, OR 97223 2S103C13-02100 THORIN G KARIN PO BOX 23125 TIGARD, OR 97281 2S103CB-00700 TIBBETS KATHLEEN M 12235 SW JAMES ST TIGARD, OR 97223 2S103C W1000 TIBBETS KATHLEEN M SURVIVOR'S T BY TIBBETS KATHLEEN M & MCCOY MICHAEL R/COLIN S TRS 12275 SW JAMES ST PORTLAND, OR 97223 2S103CD-04500 ULLRICH RICHARD L • SHARON L 13500 SW 121ST AVE TIGARD, OR 97223 2S103CA-00302 L VONADA GREG E & REBECCA M 12020 SW FONNER ST TIGARD, OR 97223 2S103C6-02400 WALL KENT N & FRANCES P j 13205 SW 121ST AVE TIGARD, OR 97223 =03CB-04300 WILLIAMS MICHAEL R 12250 SW MARION STREET TIGARD, OR 97223 CITY OF TIGARD, OREGON RESOLUTION NO. 01- 4(-0 A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 98-51 to encourage owners to connect to public sewer. The program was offered for a two-year period after which the program would be evaluated for continuation; and WHEREAS, on September 26, 2000, the City Council extended The Neighborhood Sewer Reimbursement District Incentive Program an additional two years through Resolution No. 00-60; and WHEREAS, City Council finds that residential areas that remain without sewer service should be provided with service within five years; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners to promptly connect to sewers once service is available and that owners who have paid for service provided by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District Incentive Program is hereby repealed. SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer Extension Program. This incentive program shall apply to sewer connections provided through the sewer reimbursement districts shown on the attached Table 1 or established thereafter. All connections qualifying under this program must be completed within three years after Council approval of the final City Engineer's Report following a public hearing conducted in accordance with TMC Section 13.09.105 or by two years from the date this resolution is passed, which ever is later, as shown on the attached Table 1. SECTION 3: To the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single family residential shall not exceed $6,000 per connection, provided that the lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. This applies only to the reimbursement fee for the sewer installation and not to the connection fee, which is still payable upon application for RESOLUTION NO.01~ Page 1 f sewer connection. i SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions of this incentive program. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is entitled to reimbursement from the City. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. The Finance Director shall make payment to all persons entitled to the refund no later than August 31, 2001. SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer -Reimbursement District Program, shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection. EFFEC, flVE DATE: July 10, 2001 PASSED: This d - day of 2001. ayor Ci of 'and ATTEST: Recorder - City of tigard BCiWwide\ResUtA 1uticn Revising the Ncighbodiood Sewer [n=five Progam RESOLUTION NO.01--Ah/ Page 2 TABLE 1 Reimbursement Districts with Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIOARD ST.No.8 5,193 No ralrllbursement available FAIRHAVEN STAVYNo.9 4,508 No reimbursement available HILLVIEW ST No.l t e,000 July /1, 2003 108"'ti JOHNSON No.12 5,598 No reimbursement available 100r" & INEZ No.13 8.000 July 11,2003 WALNUT & TIEDEMAN No.14 8,000 July 11,2003 BEVELANDdHERMOSA No.15 5,038 No reirnbursemenl available DELMONTE No.18 8,000 July 11,2003 O?AARA No.17 8,000 July 11,2003 'WALNUT 3 121 No.18 - Anwunt to be rotmburaod will be Tlvoo yoors from sorvieo availability ROSE VISTA No20 detemdned once trial costs are determined. 'Currently being constructed I ~e CITY OF TIGARD, OREGON RESOLUTION NO.03-%r-_5 A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO.01- 46). WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on July 10, 2001, the City Council established the Revised and Enhanced Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 01-46 to encourage owners to connect to public sewer within three-years following construction of sewers; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners of large lofs to promptly connect to sewers once service is available. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: In addition to the incentives provided by Resolution No. 0146, any person whose reimbursement fee exceeds $15,000 and wishes to connect a single family home or duplex to a sewer constructed through a reimbursement district may defer payment of the portion of the reimbursement fee that exceeds $15,000, as required by Section 3 of Resolution No. 0146, until the lot is partitioned or otherwise developed in accordance with a land use permit. The land use permit shall not be issued until payment of the deferred amount is made. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payment of this deferred amount. SECTION 2: Lots that qualify under Section 1, within reimbursement districts that have exceeded the three-year period for connection, and have not connected to sewer can connect the existing structure, pay a reimbursement fee of $6,000, and defer payment of the portion of the reimbursement fee that exceeds $15,000 if connection to the sewer is completed within one year after the effective date of this resolution. SECTION 3: Vacant lots improved with a single family home or duplex during the term of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, pay $6,000 if the fee exceeds that amount, and may defer payment of the portion of the 2 reimbursement fee that exceeds $15,000 as provided by Section 1. SECTION 4: Vacant lots that are partitioned, subdivided, or otherwise developed during the life of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, shall pay a reimbursement fee of $6,000, and shall pay any amount-due over $15,000 at the time of development. The Annual Fee Adjustment required by TMC Section 13.09.115 shall j not apply to payments made under this section. SECTION 5: The owner of any lot for which deferred payment is requested must enter into an agreement with the City, on a form prepared by the City Engineer, acknowledging the RESOLUTION NO. 03- ,55 Page 1 i owner's and owner's successors obligation to pay the deferred amount as described in Section 1. The City Recorder shall cause the agreement to be filed in the office of the County Recorder to provide notice to potential purchasers of the lot. The recording will not create a lien. Failure to make such a recording shall not affect the obligation to pay the deferred amount. SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the portion of the reimbursement fee in excess of $15,000 is entitled to reimbursement for that amount from the City upon request. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. Any person requesting a refund must sign an agreement similar to that described in Section 5 acknowledging the obligation to pay the refunded amount upon partitioning or developing the lot. SECTION 7: The Sanitary Sewer Fund continues to remain the funding source for the Neighborhood Sewer Reimbursement District Program and shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection and for any deferred payment permitted by this resolution. SECTION 8: This resolution is effective immediately upon passage. PASSED: This - day of Cr~+'obAnt, 2003. efTigwd Craig E. Dirksen, Council President ATTEST: L City Recorder - City of Tigard nmo~o eove:o .sue amnasv,wae.aa o~ se+w m Oft* N W wvdAloum a"ftn m m 1-e ro O= J 9 ' U RESOLUTION NO. 03- 55 Page 2 formation of Sanitary Sewer Re ~ ursement District No. 30 121s' Avenue) July 13, 2004 ~BGIB►<r►T~ gTR►P Dist-r'c' sefflent due ►7 Y e #30 > 4 AVENUEURSEME T25 tRtiwC pRd ~MEN4 OREsf-C ,r,~ 1M 1l SXtAl"' RT ON Ov THE SW A P - a v t Z w f Jfip ® OI f~ k o. 30 Reimbursement District N W 121s' Avenue ❖ 67 lots included for full participation in the reimbursement district ❖ 31ots to receive laterals from an existing line on 121St Avenue • These lots will be charged for the cost of the lateral installation only 3 rc 4N1 Conducted Meetings Hall to .;.General meeting 4 in yow" 2p0 progxam . C onducted M-arch ide Sewer Extension explain the OtVland ans~'er v estions dale meeting .Wier IX SeighboTho004 atFo attending d 30 owners A ril Zl ~ . Conducte P roximately these p°`mers school with aPp etails with 4 staff reviewed pr0~ect d • -now .Reimbursement District No. 30 W 121st Avenue ❖ Estimated Project Cost for 67 lots: $855,791 ❖ Reimbursement Fee (Per Owner) • $0.69 per square foot ❖ Incentive Program • Reduced to $6,000 to the extent that it does not exceed $1500 if connection is made within three years after service becomes available • Amount over $15,000 can be deferred upon request until development occurs s bursement Dist" ct No. 30 Ryy 1215' Avenue ect Cost for 31ots: $14,195 $4,32 atedPYOj owaa)'.' Estim entFee L ,y ReimbuTSem t District No. 30 Reim burs emen W 121st Avenue owner pays the follow"Ag addition, each fee, which ection and inspection X2,535 cow construction funds treatment facility Per twomonths for . service charge P stem $50 (average) tion and maintenance of the entopera . All costs to connect to the lateral installed rotect through this p ~ NEEL Reimbursement District No. 30 W 121st Avenue ❖ Project will be performed this summer ❖ Final costs will be based on actual construction costs plus 13.5% engineering and inspection fees ❖ Finalization of the district will be brought back to Council after all work is completed and actual costs are known 8 WOOOPW rNoaa r aNr.. 000- oniniensta.~.f lZec ~OTM1l1g it the reS°l3o 121C°un mVass t -Distrlct~° b urse Avenue 9 ~-i3-off ~ EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT is made and entered into this 14th day of May, rte: zooz 2004,E by and between the CITY OF TIGARD, OREGON-~"----" and WILLIAM A._ _ _ _ _ ---------------------------CITY> 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 expires on May 15, 2006. 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: EMPLOYMENT AGREEMENT- WILLIAM MONAHAN PAGE 1 SECTION I - EMPLOYMENT, DUTIES AND AUTHORITY: 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 3.13. 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 EMPLOYMENT AGREEMENT- WILLIAM MONAHAN PAGE 2 Council whether made individually or collectively. ne>eted: - SECTION 2 TERNMotice o Non-Renewal: ' Formatted: Font: i901d OPTION I: (As amende J The Four Year Option. Same Renewal terms as be(ore._This _ _ _ _ _ _ Formatted: underline agreement shall continue in effect until May 15, 2008 unless terminated as provided for in Formatted: Strikethrough Section Formatted: Font: Bad Four Year Tersm T~wg 'ear Voti a Ogtioq Prepared b%, the City Attorney;, Formatted urKwine OPTION It-,_ T Term/Notice ofNon-Renewal. The initial term of this Agreement shall be jour years, commencing on May 14, 2004. Every second year on the anniversary date, the term shall be extended for an additional two years, so that immediately following the extension the contract term shall be four years. However, the City Council may notes the City Manager on or before the March 15 immediately preceding a renewal date that the provision for the automatic extension has been terminated. The City Manager may notify the Council prior to the April 15 immediately preceding a renewal date that he does not desire the extension, in which case the automatic extension will be terminated. Nothing in this section prevents termination of this Agreement as otherwise provided in this Agreement. OPTION III. The Three Year. "Rofte" Term Option: Term/Notice ofNon-Renewal. The initial term of this Agreement shall be three years, commencing on May 14, 2004. On the yearly anniversary date the term shall be automatically extended for one (1) year, so that, following extension, the contract term shall be three years. However, the City Council may notes the City Manager on or before March 15 that the provision for the annual extension has been terminated. EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 3 I i , 1 t I In that event, the automatic extension provision shall be terminated, and the Employment Agreement shall expire at the end of the then existing three-year period. The City Manager may notify the City Council prior to April 15 that he does not desire the extension, in which case the automatic extension shall be terminated. Nothing in this section prevents termination of this Agreement as otherwise provided in this Agreement. 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 termination 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 EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 4 xt=g the City Council before expiration of the term of this Agreement and during such time as the 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 Formatted- Strikethrough employment, for a six (6) month period following the termination date.,:F~tt ' G19:V shall pay a pFe Fated sham of !be fnenWy sevemnee pay until !he date EMPLOYEE - E~vrcc , ineluding } e!'YIayTicPi. The MP EMPLOYEE I T affiffnative 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 gain to him, CITY shall not pay any severance pay to EMPLOYEE. EMPLOYMENT AGREEMENT- WILLIAM MONAHAN PAGE 5 C. Acts Constituting Involuntary Termination. If the CITY reduces the salary or 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. After 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. Sal a . The CITY agrees to pay the EMPLOYEE for his services in an amount set EMPLOYMENT AGREEMENT- WILLIAM MONAHAN PAGE6 I i 'I by the City Council, payable in the same installments and in the same manner as other 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. When reviewing EMPLOYEE'S salary, Council will consider the seven city comparables used by the City to perform labor market comparisons. 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 Formatted: Saikeuxa,9h Agreement. Effective July 1, 2004SAB~~-EMPLOYEE shall be paid $10,000,8;943_per _ Fo,,,,: Str;kewougn 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 eam and accrue sick leave benefits on the same terms as other management City employees and that such additional L C EMPLOYMENT AGREEMENT- WILLIAM MONAHAN PAGE 7 a J J sick leave shall be added to the sick leave accrues ! ! !'thc CtitCI I%c d;nr of this Agreement. EMPLOYEE shall not be eligible to lirulnWill CrCdu 1i01'unu.cd sick leave, even if a benefit allowing the cashing t,,-: C. the apphcauon of unused sick leave to retirement benefit, or for any 1 dKII) usC ot'the bcnetit l'or approved leave) is made available to other City n.... F. Management Leave: EMPLOYEE . ' „t'ti\ e l ~t day, management leave per fiscal year, to be taken con .I„_:,: ..,~,Incl pohctes as aly,Iied to management employees. The management lea,.c I ;•c t,:.._;' I•..iune :(t vI'each fiscal year and does not accrue into subsequent fiscal years. G. Payroll Reporting: EMPLOYEE sh,:: i,c :r " lary as per this Section of the Agreement and shall be paid automatically by (i I ! r:..: ~grcement. Any vacation or sick leave used shall be reported to the C Il 1" u: a:c manner as tier other crn' employees. SECTION 5- RETIREMENT, DISABILITY A*\ 1) f t I I I't I I L RA N C E: A. Retirement: The CITY agrees to cw-if;k-ic into t)Ic ( ff1"5 retirement program, on EMPLOYEE'S behalf, an amount equal to that s;:mc hcrcent;I_c ol'salary contributed for the CITY'S other management employees. EMPLOI L.I: auil I"f) a_ rce that any future adjustment to the retirement benefits of management personnel ill ;I;y,l} e~lua!ly to EMPLOYEE at the same rate of adjustment, effective date, and adjustment to .al;rr.. 1-: IPLOYEE is eligible for City contribution to his ICMA deferred compensat i on aCCk•uIll on the same terms provided to other City management employees. EMPLOYMENT AGREEMENT- WILLIAM MONAHAN PAGE 8 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 11 and 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 EMPLOYMENT AGREEMENT- WILLIAM MONAHAN PAGE 9 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. 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, with the exception of 2005 review. The performance review for 2005, based on Council's suggestions will be a "360 Degree " review. Prior to January, 1005, Council and EMPLOYEE Meted:. will discuss and agree to a format and process to be carried out after January I, 2005------------ In the event the CITY determines that the performance of the EMPLOYEE is EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 10 I 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. Weted:' -------------------------------------------------------------------1- SECTION 8 - GENERAL PROVISIONS: A. Professional Liabili : 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. EMPLOYMENT AGREEMENT- WILLIAM MONAHAN 1 PAGE I 1 I I I I I 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 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 12 I ' I 1 ; 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 executed this Agreement, both in duplicate, on the date first written above. Mayor - City of Tigard William A. Monahan, City Employee ATTEST: City Recorder APPROVED AS TO FORM City Attorney ~bemlElmm~Wwn «rpxrrr rw.p..rlw~w e~R 700e_dx7n.Oi - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ^ Deleted: Gamnn1%TiprdU"na6aw employment agreement rev 2002.wpol BADRABiLLVAONAHAN EMPLOYMENT AGREEMENT REV 2002.DOC ` Formatted: Font: 6 Pt EMPLOYMENT AGREEMENT- WILLIAM MONAHAN PAGE 13 MEMORANDUM Administration CITY OF TIGARD Shaping A Better Community TO: Honorable Mayor and City Council FROM: Bill Monahan, City Manager DATE: July 2, 2004 SUBJECT: Employment Agreement In May, Council completed my performance review and gave direction that a new Employment Agreement would be developed and placed before Council for adoption. First, however three actions were necessary: 1) my existing Agreement would be ratified by Council, and 2) actions on management compensation would be scheduled, following 3) determination of cost of living adjustment for management and union personnel. The existing Agreement, entered into in 2002, was ratified by Council, and management compensation is before the Council on July 13. SEIU's contract, with a 2.2% COLA, has been approved. TPOA's contract is in arbitration; however, the 2.2% COLA proposal is not the issue. Therefore, it is time to consider a new Employment Agreement. During the May review, Council indicated acceptance of the following terms to be included in a draft Agreement to be brought forth to Council: 1) Salary - Monthly salary to be $10,000 per month, effective July 1, 2004 along with a COLA equal to that of other management staff. The COLA proposed for management staff will go into effect on October 1, 2004 at 2.2%. 2) Comparables - Comparable cities to be used for review of my compensation will be the seven cities used by Tigard for other management positions i (Beaverton - (Chief of Staff), Gresham, Hillsboro, Lake Oswego, Milwaukie, Oregon City and West Linn) 3) Terms of Agreement - After ratification of the 2002 Agreement, the Agreement will be modified to reflect the changes negotiated with an additional two years added to the term, through May 14, 2008. i also proposed that Council consider an alternative to a four year Agreement, a "rolling" three year Agreement. Council agreed to review the two options side by side and select one. 4) Termination and Severance - Council agreed to modify Section 3A of the Agreement to eliminate language that states that severance payments would cease if I accepted new employment during the six months that severance payments are made. 5) Performance Review Council directed that a 360 Degree performance review be provided for in the Agreement, with details to be developed for discussion in January 2005. Since there are options to discuss related to the terms of the Agreement, I have developed a draft Agreement for Council review. I propose that Council discuss the draft on July 13 to determine if the changes that I have drafted are consistent with the preliminary direction given by Council. Plus, a choice is needed between the options available for the "rolling" term of the Agreement. Included with the discussion of terms is a third option developed by the City Attorney- a four year Agreement with two year renewal notice. I suggest we discuss this as a third option for term of the Agreement. A final draft of the Agreement can be either placed on the consent agenda for the July 13 meeting or on a later Council agenda. I look forward to discussing the draft Agreement with you on July 13, 2004. Please note that I have also attached three short papers pertaining to 360 Degree reviews. These were provided to me by Human Resource Director, Sandy Zodrow, at my request. ' The 360 Degree review process should be discussed in the coming months, in preparation for a January review. Together we should discuss and agree to the format and process. First, however, discussion of the purpose and objectives of utilizing this tool is necessary, as well as who will coordinate conduct of the review. I suggest that we schedule an August or September workshop discussion involving Sandy so that we can lay the groundwork for the review. I encourage Council to identify other articles, reports, or other resources that we should all review to prepare for our discussion. bladmtb0 {mayor b octYM%dy manager employmnt agreement 040701 AW11104 Briegy Stated - 360 Degree Feedback (2004) Page 1 of 6 SHRM Home > HR Resources > Briefly stated Series 360 Degree Feedback Performance Management Series Part 2 By Leslie A. Weatherly, SPHR, HR Content Expert What is 360-Degree Feedback? The 360-degree feedback review involves collecting perceptions about an individual's job performance and the Impact of that behavior in the workplace from a variety of constituencies: peers, supervisors, direct reports, Internal and external customers, and suppliers. These sources are normally chosen based on their opportunity for firsthand interaction with the individual. By Increasing the number of evaluations, a more balanced and comprehensive view of an Inds-vidual's overall job performance is possible. As jobs have become Increasingly complex, the additional insight this feedback can afford an employee In rela- tion to career development is especially important, because it Is unlikely an Immediate supervisor will have the opportunity to observe an employee's work behavior in all relevant situations. Other names for 360-degree feedback are multirater feedback, multisource feedback, full-circle appraisal and group performance review. The terms multirater, multisource and 360-degree feedback will be used interchangeably. Additional Background The 360-degree feedback model differs substantially from the traditional performance appraisal completed by an employee's Immediate supervisor. The purpose of the supervisor-only appraisal is to provide effec-tive, useful feedback to employees with the goal of improving job performance and providing manage-ment with the information it needs to make deci-sions related to pay and promotions. Because the supervisor-only performance model relies on a single perspective, there are several potential limitations: the performance appraisal may reflect individual biases, the supervisor may have had insufficient opportunity or motivation to observe the perform-ante of the employee, the supervisor may be unwill-ing to confront poor or ineffective performance, and individual supervisors will approach the task with dif-ferent degrees of insight and ability in relation to the performance appraisal process. The Value of Multiple Rating Perspectives The use of multiple rating sources or perspectives is clearly an important strength of 360-degree feedback, and contributions from different perspectives can be especially interesting and valuable in their own right. Traditionally, supervisors have been charged with assessing the effectiveness of their direct reports. In 360-degree feedback, other raters, such as peers and direct reports, bring different, and possibly incon-sistent, information to the rating process. For exam-ple, it Is possible that a feedback recipient may be seen as effective by one person but ineffective by someone else. According to contingency theories of leadership, leaders constantly adjust their behavior to the particular situation (Yukl and Van Fleet, 1992). It follows then that managers who behave differently toward their co-workers will be rated differently by these Individuals. So each rating source may be valid from its own perspective. It can be helpful for Individ-uals to be aware of these situational behavior pat-terns so that they can anticipate them. Making the Best Use of Multiple Rating Perspectives Different rating perspectives provide unique Informa-tion about an individual's performance. Given the potential for differences among the rating perspec-tives, combining all raters together into one category is not desirable or beneficial. Usually, 360-degree feedback instruments have a common set of dimen- sions for which it is also useful to have different sets of rating perspectives by rater group. In other words, In addition to the common dimensions, each rater group would also rate a set of dimensions specifically designed for a given group. For example, direct reports could be given a set of dimensions specifically designed to evaluate elements of the supervisor-employee relationship related to leadership, communi-cation and interpersonal skills (see Figure 1). http://www.shrm.org/research/briefly/360.asp 5/6/2004 Briefly Stated - 360 Degree Feedback (2004) Page 2 of 6 Rpm I How is 360-degree feedback being used? To achieve business strategy and culture change: Once an organization has clarified Its strategic direc-tion and determined its business objectives, a 360- degree feedback process can assist In refocusing the workforce on attaining new goals by influencing behavioral changes. To enhance team effectiveness: The behaviors that contribute to an individual's effec-tiveness as a member of a team are very different from those required In more traditional line manage-ment relationships. As organizations Increasingly turn to team structures to Improve profitability through enhanced efficiency, responsiveness and quality, new skill sets are required. To ensure that critical job-related behaviors are being developed, evaluated and rewarded to meet evolving organizational requirements: Just as individuals use 360-degree feedback to determine their own developmental needs, a compa-ny can use aggregate reports to create a profile of training and development needs for the entire organ- ization. Implementing 360-degree feedback Organizations implement 360-degree feedback In a variety of ways. The 360-degree feedback programs may be implemented organizationwide (i.e., all employees and managers participate by rating oth-ers and receiving feedback reports). In other cases, the organization may limit participation In the pro-gram solely to line management and/or other key contributors within the organization. The idea in each of these scenarios, however, is that the ratings are made about specific individuals, the individuals receive feedback reports, and the ratings are aver-aged across raters within each group so that the individual raters remain anonymous. In each instance, the performance dimensions on which people are rated communicate the job behaviors that are important for accomplishing the organiza-tion's business strategy. As with any new program, careful thought and plan-ning should be given to how it will be Introduced to the organization. Pitfalls can be overcome if they are anticipated and a communication program to over- come potential stakeholder resistance Is properly orchestrated (see Figure 2). http://www.shrm.org/research/briefly/360.asp 5/6/2004 Briefly Stated - 360 Degree Feedback (2004) Page 3 of 6 Fipn 2 Pros and Cons of 360-Degree Feedback in the Performance Appraisal Process Many of the arguments against using 360-degree feedback in conjunction with performance applica-tions are surmountable and can be resolved with careful planning and system safeguards. For other arguments, solutions are available. (See Figure 3) F"3 N Arguments in favor of utilizing multisource feedback systems in conjunction with performance appraisal systems are outlined In Figure 4. http://www.shrm.org/research/briefly/360.asp 5/6/2004 Briefly Stated - 360 Degree Feedback (2004) Page 4 of 6 RVft 4 360-Degree Feedback Literature and Research 360-degree feedback and performance appraisal- Although it is possible to use muitisource (or 360- degree) feedback to make an organization's performance management system more effective, many pitfalls exist, including: resistance to feedback, dishonest feedback and inaccuracies. A company that wishes to make the transition from using 360- degree feedback only for development purposes to fully Integrating It Into its performance appraisal process needs to weigh each of these pitfalls care-fully. When 360-degree feedback is integrated successfully, it can remedy some of the flaws of the tra-ditional performance appraisal system. It is essen-tial, however, that feedback be seen as only one component of the appraisal, not the basis for the entire evaluation. Other points to consider include: 1) ensure that relevant data are being collected; 2) ensure no one rater can dramatically affect the out-come; and 3) train raters in what and how to observe.1 Development only vs. performance application- Recent research argues strongly in favor of using 360-degree feedback for career development purpos-es only, especially if it is used to single out a person for intensive personal counseling, or as a mecha-nism to handle poor performance. In other words, at times this system can be used as a process for disciplining an individual or for keeping a difficult employee in line. This is clearly a misuse of the sys-tem and can result In undermining the overall intent and value of the system to the organization.2 360-degree feedback: Executive coaching- Multisource feedback programs require a great Did You Know... L deal of time, effort and money to implement. Although executive coaches represent a e You are able to access toolkits on a multitude significant expense to a firm, recent research n indicates that executives who work with coaches of HR topics if you visit set more specific goals based on their initial www.shrm.org/hrtools/toolkits? multisource feedback than those who do not. In • You are able to read in-depth survey reports addition, performance improves for executives on critical Issues that provide current who receive performance feedback. However, the information to HR professionals by visiting effect due to coaching is generally modest and www.shrm.org/surveys? ,i limit-ed to ratings received from superiors and • You are able to learn about current academic subordi-nates. Further research is suggested to research in HR in an abbreviated, informative study alternative criteria to provide a fairer and format by accessing Research Translations at more com-plete test of the added value of www.shrm.org/research/researchtranslations? executive coaching.3 Footnotes: http://www.shrm.org/researchlbriefly/360.asp 5/6/2004 I M Briefly Stated - 360 Degree Feedback (2004) Page 5 of 6 1 Lepsinger, R., & Lucia, A. (1997). 360 degree feedback and per-formance appraisal. Training, 34,9,62- 70. 2 Wimer, S. (2002). The dark side of 360-degree. Training & Development, September, 37-42.' 3 Waldman, D. (2003). Does working with an executive coach enhance the value of multisource feedback? The Academy of Management Executive, 17,3,146-148. Additional Sources: Davis, P. (2002). Performance management and multirater (3600) instruments. Development Dimensions International Whitepaper, April 2002. Jackson, J., & Greller, M. (1998). Decision ele-ments for using 360 degree feedback. Human Resource Planning, 21,4,18-28. Rogalski, S. (2003). 360-degree insight: Using workforce analytics to strengthen 360-degree Insight. DM Review, June 18, 2003. Sherbert, E. (2002). Performance assessment: A muitisystems approach. Society for Human Resource Management White Paper, September 2002. Williams, J. (2002). Is your company ready for 360 degree feedback? Society for Human Resource Management, September 2002. Sources: Edwards, M., & Ewen, A. (1996). 3600 feedback. New York: American Management Association. Lepsinger, R., & Lucia, A. (1997). The art and science of 3600 feed-back. San Francisco: Jossey-Bass Publishers. Tor now, W., London, M., & CCL Associates. (1998). Maximizing the value of 360 degree feedback. San Francisco: Jossey-Bass Publishers. Waldman, D. (2003). Does working with an executive coach enhance the value of multisource performance feedback? The Academy of Management Executive, 17,3,146-148. Wimer, S. (2002). The dark side of 360-degree. Training & Development, September, 37-42. Wingrove, C. (2001). Untangling the myths of 360: Straight talk for successful outcomes. Compensation and Benefits Review, 33,6, 34-39. Back to "Briefly Stated" Home Page Society for Human Resource Management 1800 Duke Street • Alexandria, Virginia 22314 USA Phone US Only: (800) 283-SHRM; Phone International: +1 (703) 548-3440 TTY/TDD (703) 548-6999 SoCITTr FOR Fax (703) 535-6490 ~~ee~ex W Questions? Contact SHRM s~:eoun~e Careers Careers @ SHRM 11A~.\CRMB!FT Copyright © 2004, Society for Human Resource Management SHRM Privacy Statement http://www.shrm.org/researchibriefly/360.asp 5/6/2004 Briefly. Stated - 360 Degree Feedback (2004) Page 6 of 6 7~ v i i i http://www.shrm.org/research/briefly/360.asp 5/6/2004 • HR Magazine - June 2002: Performance Management: Does 360-Degree Feedback Negat... Pagel of 5 SHRM Home > Publications > HR Magazine > Articles > June 2002 DOES 360-DEGREE FEEDBACK NEGATIVELY AFFECT COMPANY PERFORMANCE? Shtdies show that MO-d a feedback may do more ~ha®rm parr oo& What's the te»:T June 2002 Vol. 47, No. 6 if we practiced medicine like we practice management-based on hunch, intuition and ideology-we would have much more malpractice and a lot or mortality and morbidity. Ouch. Those are tough words from Dr. Jeffrey C. Pfeffer, professor of organizational behavior at Stanford University and a leader in management thinking, but they are on the mark. Too many organizations base their human resources investment decisions on tradition, fads or competitors' practices, Instead of on sound financial measures. A perfect example of this phenomenon may be 360-degree feedback. Adopted by a growing number of organizations, 360-degree feedback is widely accepted as an effective performance management tool. Related Resources P. Feedback Varies with Your Point of View However, new research shows that 360-degree feedback programs may hurt more than they help. t% 360 Degree Feedback Vendor Watson Wyatt's 2001 Human Capital Index (NCI), an Comparison ongoing study of the linkages between specific HR practices and shareholder value at 750 large, publicly traded companies, found that 360-degree feedback programs were associated with a 10.6 percent decrease Back to current issue of HR in shareholder value. Magazine Z 'A That doesn't necessarily mean 360-degree feedback programs should be abandoned. But it does J mean organizations should take a second look at their performance management programs to see if 0 they are accomplishing what they are supposed to. J Popularity of 360-Degree Feedback 360-degree feedback is a performance appraisal approach that uses input from an employee's supervisors, colleagues, subordinates-and, sometimes, even suppliers and customers. Most 360- degree feedback programs focus on the manager level and above. The use of 360-degree feedback has grown dramatically In recent years. According to HR consulting firm William M. Mercer, 40 percent of companies used 360-degree feedback in 1995; by 2000, this figure jumped to 65 percent. http://www.shrrn.org/hrrnagazine/articles/0602/0602pfau-kay.asp 5/6/2004 HR Magazine - June 2002: Performance Management: Does 360-Degree Feedback Negat... Page 2 of 5 The premise behind 360-degree feedback Is logical: The people who work most closely with an employee see that person's behavior in settings and circumstances that a supervisor may not. And, in theory, the more complete the insight Into an employee's performance, the more likely he will understand what needs to be improved and how. The theory Is very promising. The reality, on the other hand, is another matter. Watson Wyatt's 2001 HCI report revealed that companies using 360-degree feedback have lower market value. According to the study, companies that use peer review have a market value that is 4.9 percent lower than similarly situated companies that don't use peer review. Likewise, companies that allow employees to evaluate their managers are valued 5.7 percent lower than similar firms that don't. Taken together, these practices are associated with a 10.6 percent decline In shareholder value. Voices of Doubt The HCI study is not the only indicator that 360-degree feedback programs may be failing to match their promise. Researchers and formerly strong advocates of 360-degree feedback have begun to raise questions. Jai Ghorpade, a professor of management at San Diego State University, wrote in the Academy of Management Executive that, "while it delivers valuable feedback, the 360-degree concept has serious problems relating to privacy, validity and effectiveness." Ghorpade also reported that out of more than 600 feedback studies, one-third found Improvements in performance, one-third reported decreases in performance and the rest reported no Impact at all. John Sullivan, professor of human resource management at San Francisco State University, says "there is no data showing that [360-degree feedback] actually improves productivity, Increases retention, decreases grievances or Is superior to forced ranking and standard performance appraisal systems. It sounds good, but there Is no proof it works." Roots of the Problem Why Is 360-degree feedback failing to live up to Its potential? For starters, giving effective appraisals is a difficult task. Unless everyone participating in a 360-degree program Is trained in the art of giving and receiving feedback, the process can lead to uncertainty and conflict among team members. Another issue is that there may be a gap between an organization's business objectives and what 360-degree feedback programs measure. Typical 360-degree feedback programs assess competencies that are not directly related to business results or are so broad that they aren't relevant to the average employee. The time and cost associated with 360-degree feedback also are stumbling blocks. By trying to capture every nuance of a worker's performance, many 360-degree feedback programs have become so complex that they require a much greater investment In time and money than they can return. Another common problem: Reviewers and those being reviewed fail to follow up after feedback. When there are no consequences for poor performance-which often is the case with 360-degree reviews- performance won't change. Mend It, Don't End It Despite these drawbacks, there are good reasons not to give up on 360-degree feedback. The process still holds the potential to deepen employees' understanding of their own performance. And, it may be able to help companies create value by better aligning job performance with business strategy. The question is this: Can 360-degree feedback be Implemented in such a way that it achieves these benefits without negatively affecting the bottom line? Based on our analysis-and conversations with clients-we believe the following steps may help companies transform 360-degree feedback into a http://www.shrm.orgdirmagazine/articles/0602/0602pfau_kay.asp 5/6/2004 HR Magazine - June 2002: Performance Management: Does 360-Degree Feedback Negat... Page 3 of 5 value creator, not destroyer. • Implement 360-degree feedback for the right reasons. "The first thing you need to ask is why you're doing it," says Paul Rumely, a New York-based executive coach. If you can't articulate a strong business case for a 360-degree feedback program, it should not be Introduced. Jeff Seretan, head of human resources for Barclay's Global Investors, based In San Francisco, agrees. "You should not implement it unless you can show that it is solving a problem or adding value," he says. Barclay's uses 360-degree feedback to provide senior executives with Input on their management styles. "Our executives had minimal Input Into their leadership styles, so our goal was to address these information gaps," Seretan explains. • Assess the costs of the program. Employers must "assess the real burden they are placing on the organization by doing 360-degree feedback," Seretan says. "If you don't do it in a way that is targeted and strategic, you run the risk of value destruction." Focus on business goals and strategy. Feedback should provide employees with Insight into the skills they must develop to help the organization meet Its goals. • Do not rely solely on 360-degree feedback. Employees must receive regular, timely feedback about their day-to-day performance. "360-degree feedback is just one part of our approach," Seretan says. Rumely likes to use 360-degree feedback as a baseline for a more in-depth look at an Individual's performance profile. "While I've yet to see a 360 that was Inaccurate, often they can stand to be fleshed out a bit," he says. Related Resources 91 Focus on Why and How He recalls one 360-degree feedback assessment that made an employee "look like Mother Theresa." The woman was very talented, he says, "but nobody walks on water like that. I conducted a series of personal interviews with the woman's raters to follow-up. After q Back to current Issue of HR the interviews, I had a much better view of her Magazine strengths and weaknesses." Additional interviews won't always be necessary, but companies should consider using them in situations where they can help clarify the results of 360 feedback. Ultimately, the thing to remember is that 360 feedback is just one part of an overall performance management system. a Get support at all levels of the organization. Make sure executives play a key, visible role. And, give line employees a voice in designing and implementing the program to ensure relevance and ownership. A 360-degree feedback program is doomed if HR is its only champion. • Train people in giving and receiving feedback. Companies that Implement 360-degree feedback without first checking and developing managers' feedback skills risk serious damage to teamwork and morale. Providing constructive feedback takes instruction, training and practice. While training individuals to give and receive feedback may temporarily increase the expense associated with 360-degree feedback programs, the gains will outweigh the higher costs as the http://www.shrm.org/htmagazine/articles/0602/0602pfau_kay.asp 5/6/2004 HR Magazine - June 2002: Performance Management: Does 360-Degree Feedback Negat... Page 4 of 5 feedback delivered to participants becomes more focused, targeting the behaviors most closely associated with value creation and destruction. Ultimately, the goal should be to create a culture in which individuals feel comfortable giving and receiving feedback-both positive and negative-on a real-time basis, rather than waiting for an annual review. e Create an "action plan" for each employee based on the feedback. "Knowing what to do and not doing it doesn't get you very far," Pfeffer says. Rumely recommends that individuals sit down with their managers and their subordinates and review scores. "They should present their scores and then ask, `Which ones do you think are the most critical to being as effective as possible, and what tactics are necessary to get there?"' Companies should Identify and enforce rewards and consequences for individuals related to their success in following their action plans. "If the program is just another add-on and not part of a scorecard, you're kidding yourself," Rumely says. e Monitor implementation, ask for ideas for improvement and make adjustments. Companies don't always get 360-degree feedback exactly right on the first try. By monitoring results, asking for feedback on the process and implementing changes based on the answers, companies may be able to put 360-degree feedback programs back on track. It also helps to continually benchmark results against the objective articulated at the outset. "For us, the test Is not whether we have a program in place, it's whether we got the desired result," Seretan says. e Recognize that 360-degree feedback is not a panacea. Just because an individual receives insight into his behavior doesn't mean he can-or will-change it. Traditional performance management systems have struggled with this axiom for years, and it is naive to think that 360- degree feedback programs will be significantly different. Take Another Look The findings about 360-degree feedback programs are eye-opening. The fact that they are associated with a decline in shareholder value should persuade HR managers to revisit their existing or planned 360-degree feedback programs. The existence of such data also should force companies to ask themselves what they hope to gain from 360 reviews-or, for that matter, from any HR initiative they undertake. What is the potential return on investment (ROI)? How do ROI projections compare to actual performance? And, if expectations haven't been met, what can be done to improve the effectiveness of these programs? Implementing a successful 360-degree feedback program is akin to managing your own Investment portfolio: You can come out ahead, but it takes work. Bruce Pfau is the national practice leader for organization effectiveness at human capital consulting firm Watson Wyatt Worldwide; Ira Kay is Watson Wyatts national practice leader for compensation. Pfau and Kay are co-authors of The Human Capital Edge: 21 People Management Practices Your Company Must Implement (or Avoid) to Maximize Shareholder Value (McGraw-Hill, February 2002). Society for Human Resource Management 1800 Duke Street • Alexandria, Virginia 22314 USA Phone US Only: (800) 283-SHRM; Phone International: +1 (703) 548-3440 TTY/TDD (703) 548-6999 h"://www.skm.orgftmagazine/articles/0602/0602pfau_kay.asp 5/6/2004 HR Magazine - June 2002: Performance Management: Does 360-Degree Feedback Negat... Page 5 of 5 Fax (703) 535-6490 Questions? Contact SHRM Careers Careers @ SHRM Copyright © 2004, Society for Human Resource Management SHRM Privacy Statement SOCIETY FOR HUMAN pigs Quite$ MAXACEMENT http://www.sbm.orgd=agazine/articles/0602/0602pfaxL_kay.asp 5/6/2004 Is Your Company Ready for 360 Degree Feedback? Page 1 of 4 SHRM Home HR Resources SHRM WHITE PAPER I5 YOUR COMPANY READY FOR 360 DEGREE FEEDBACK? By Jane Williams May 1999 Reviewed September 2002 Introduction Organizations often search for a process to provide effective, useful feedback to employees with goals of improving performance and positively affecting the bottom line. Most HR practitioners, managers and employees would agree that this search is difficult and frequently unsuccessful. One of the most recent popular processes to address these goals with respect to managers is a multi-source or 360-degree feedback system. Multi-source feedback systems are designed so that a target manager receives feedback from various constituencies Including peers, subordinates, supervisors and possibly customers. These sources are chosen based on their exposure to and Interaction with the target manager. The general assumption from this approach Is that managerial positions are complex and information from a single source (i.e., supervisor) may not appropriately capture the full or true picture of a manager's performance. Organizations that Implement such systems believe that this approach will lead to higher self-awareness which, in turn, will lead to more positive changes in job behaviors compared to traditional feedback/appraisal systems. As multi-source systems are Implemented, HR practitioners are identifying and searching for those factors that make these systems most effective. This paper explores how practitioners can create environments that are supportive, enabling and foster development and change. Although many of the suggestions outlined may be pertinent to all feedback systems, they are particularly Important to multi-source feedback systems. Factors That Influence the Feedback Environment Training practitioners have long been aware of the Importance of the "transfer environment" and its influence on trainee performance back on the job, as well as how Individuals differ in their response to training and their likelihood of transferring learned skills. This White Paper provides an overview of some individuai and situational factors that lead to a more effective multi-source feedback system and alarts readers to factors that may limit the effectiveness of these systems. For instance, even if highly accurate, reliable multi-source rating Information is collected, if the situation to which an employee returns after receiving feedback hampers developmental efforts, the influence of this feedback on behavior is certainly reduced. Thus, much like our consideration of the effect of the transfer environment and individual factors on employee; post-training behaviors, it is also important to consider how similar factors influence the reception of multi-source feedback and subsequent developmental efforts. In addition, this paper gives consideration to how the purpose of the multi-source system (administrative versus developmental) may impact employee reactions and developmental behaviors. Individual Factors Each employee has a set of individual factors that could enhance his/her ability to effectively accept and react to feedback as well as factors that could Impede his/her ability to make good use of feedback. In essence, some individuals will be higher or lower in feedback readiness. Some individuals have traits that http://wwvv.shrm.org/li fesources/whitepapers_published/CMS_000101.asp 5/6/2004 Is Your Company Ready for 360 Degree Feedback? Page 2 of 4 enable them to more effectively receive, synthesize and use feedback and make them more amenable to developmental interventions. Thus, it is important for organizations to consider such factors, so that individual training can be provided to improve ratee readiness and/or so that individuals who can appropriately use such feedback can be Identified. Two such factors are self-efficacy and goal-orientation. Self-efflcacy Work in both research and the field suggests that employees' motivation to change will be heavily influenced by their belief that they have the ability to make Improvements and behavioral changes. This factor Is called self-efficacy and is critical for ensuring that individuals will put forth effort to change. For instance, individuals high in self-efficacy set higher performance goals, show greater persistence and perform at a higher level. Conversely, individuals low in self-efficacy set goals that are less challenging, are more likely to give up in the face of negative feedback and tend to be lower performers. Because an Individual's self-efficacy varies across tasks, assessing self-efficacy specifically focused on the ability to make change is Important. Factors which influence one's self-efficacy include past successes, an assessment of the complexity of the task at hand, encouragement and reinforcement from important others and observing others successfully completing similar tasks. Related to the current topic, creating environments or interventions which positively Influence self-efficacy for change may have positive effects on an Individual's use of multi-source feedback. Goal-orientation Goal-orientation is another individual factor that Influences the way Individuals receive feedback, the way they interpret feedback and the way they approach learning and practicing new behaviors. In general, individuals can be Identified as having a mastery- or performance-orientation. Mastery-oriented individuals perceive feedback, even negative feedback, as simply constructive and directive. In addition, these Individuals view practice and effort as necessary to learn. Performance-oriented Individuals, however, are focused on outcomes and how their performance compares to others. Therefore, negative feedback is more difficult for them to receive and having to give effort or practice towards a skill is viewed as a weakness. Clearly, this orientation could have a strong impact on how Individuals respond to multi-source feedback. For instance, mastery-oriented Individuals are likely to view the variety of feedback as an opportunity to learn more about themselves and will be more likely to seek additional feedback from others about their behavior. Individuals who are performance-oriented will tend not to seek feedback about their behavior unless they are certain it will be positive. Interestingly, there Is some evidence to suggest that although individuals have a "default" orientation, contextual cues or cues from a significant other (e.g., trainer, supervisor) can influence the orientation used by an Individual. For instance, cues like "this is a new experience for everyone, we do not expect you to be perfect right away" are more likely to Induce a mastery-orientation. Conversely, focusing on the outcomes or comparing individuals to others performance Is likely to Induce a performance-orientation. Suggestions for how organizations can better manage these two individual factors: • Allow/create new job experiences to facilitate learning and mastery experiences. L • Provide psychological support to individuals through the use of coaches or mentors. S • Devise and implement interventions to Induce mastery-orientation. a • Reduce cues that may suggest or reinforce a performance-orientation. a a Situational Factors 1 Along with trainee readiness is the concept of contextual readiness. In other words, is the work context structured such that individuals who are motivated to change can do so? Factors within the situation that can hinder implementing feedback suggestions can vary from poor learning/continuous Improvement cultures to lack of physical resources (training manuals, courses, etc.) for managers seeking training. When individuals believe that aspects of their organization will stop them from achieving change or when aspects of their organization actually hamper their ability to modify behavior, they respond with lower effort and motivation. Typical constraints identified by employees include time, resources, organizational http://www.shrm.org/hnesources/whitepapers_published/CMS 000101.asp 5/6/2004 Is Your Company Ready for 360 Degree Feedback? Page 3 of 4 and social support. Time In our fast-paced work environments, time continues to be a highly-valued commodity. As such, additional job requirements or activities that press an already busy schedule may receive less attention and time unless strongly supported. On a related note, Individuals who perceive that they are not given the time to devote to developmental activities also do not show high intentions or effort toward change. Whether an accurate perception or not, this perceived lack of time is sending a strong message- management does not think development is Important enough to justify one's time away from job activities. Obviously, this outcome is exactly the opposite of what organizations intend when they implement these multi-source feedback systems. Organizations that value continuous Improvement send a very different message to employees by helping them create time for developmental activities and often even rewarding individuals for taking the time to engage in such behaviors. Tangible Resources Employees also need to believe that there are resources available to them through the organization which can aid In their development. Organizations need to make their employees aware of the opportunities that do exist or, more importantly, develop opportunities if they are not currently available to them. Even the most enthused and "self-aware" managers will be defeated if their desire to make Improvements is not supported by their organization through appropriate resources. Moreover, employees also need to perceive that It is appropriate to take advantage of the opportunities. Not having developmental resources available (e.g., managerial training courses, self-directed training, books and other resources) certainly sends an influential, yet potentially unintended, message to multi-source feedback participants. Specifically, it suggests that while the organization expects employees to receive and use the feedback given to them, the organization does not view these resources as necessary or important. The message to the employees may be that they are alone in their attempts to Improve their performance. Organizational and Social Support Finally, another common set of constraints identified by employees is lack of support from important constituents (peers, supervisors and subordinates). Social support is defined by as the psychological support that others provide the target manager. This may include encouragement to attempt new skills and/or reinforcement after change has been made or attempted. Suggestions for how organizations can better manage these factors: • Take steps to develop a culture of continuous learning. • Encourage and help develop a coaching/mentor program as a means to provide support. • Develop reward mechanisms for individuals who take advantage of developmental resources. • Have a clearly documented and organized set of developmental resources available to employees. Administrative vs. Developmental Purposes Finally, a critical issue that is constantly discussed in both applied and academic circles is whether multi- source feedback, or feedback from any system for that matter, should be used for solely developmental purposes or whether it can be used effectively for administrative purposes. It seems clear that the effects of the Individual and situational factors Identified above become even more critical when these systems are used for administrative purposes. For example, imagine a situation where an employee has consistently received discrepant feedback from constituents and presumably has been trying to make changes in his/her behavior. Imagine also that this manager does not perceive a great deal of support (either social or organizational) or self-efficacy about making future change, yet he/she knows that these ratings will have an impact on administrative http://www.shim.org/hrresources/whitepapers_published/CMS_000I OI .asp 5/6/2004 Is Your Company Ready for 360 Degree Feedback? Page 4 of 4 decisions. In this situation, tying administrative decisions to multi-source feedback may have some extreme outcomes. If the employee feels that he/she does not have the resources to truly engage in change, but administrative decisions will be based on evidence of change, a situation of helplessness, frustration and perceived lack of control may occur. These feelings may further undermine the employee's motivation to develop. When multi-source feedback is tb be used for administrative decisions, It seems even more Imperative that the organization clearly develop avenues for employees to engage in developmental activities by attending to the Important individual and situational factors described above. Summary Like any feedback system Intervention, the successful implementation of a multi-source feedback system requires the careful consideration of several factors outside of the actual collection and organization of feedback. Human resource professionals should be alert to a variety of Issues that Influence successful implementation of 360-degree feedback systems. Thanks to Jane R. Williams, Ph.D., Assistant Professor of Psychology at Indiana University- Purdue University Indianapolis, for contributing this paper. This paper Is intended as general information, and Is not a substitute for legal or other professional advice. 4 Back For more Information on this subject, send an e-mail to the SHRM Information Center at, please click here to ask the Information Center for help. ® Society for Human Resource Management 1800 Duke Street • Alexandria, Virginia 22314 USA Phone US Only: (800) 283-SHRM; Phone International: +1 (703) 548-3440 TTY/TDD (703) 548-6999 SOLIC1y FOR Fax (703) 535-6490 HUMAN Questions? Contact SHRM a[,ouett Careers Careers @ SHRM rANAGRM6ftT Copyright © 2004, Society for Human Resource Management SHRM Privacy Statement h"://www.shrm.org/hrresources/Whitepapers_published/CMS 000101.asp 5/6/2004 r.~ _ i 71 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT is made and entered into this 14th day of May, 2004, 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 expires on May 15, 2006. 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 i for the consideration specified in this Agreement, the CITY and EMPLOYEE mutually agree: t I EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE I SECTION 1- EMPLOYMENT, DUTIES AND AUTHORITY: 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 3.1). 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 EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 2 Council whether made individually or collectively. SECTION 2: TERM/NOTICE OF NON-RENEWAL: OPTION I: (As amended) The Four Year Option. Same Renewal terms as before. This I 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 termination 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- TER.MIU ATION 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 EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE3 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 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. 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 gain to him, CITY shall not pay any severance pay to EMPLOYEE. C. Acts Constituting -Involuntary Termination. If the CITY reduces the salary or 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 EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 4 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. After 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. 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 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 EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 5 may provide an increase in salary based on merit based on that review. When reviewing EMPLOYEE'S salary, Council will consider the seven city comparables used by the City to perform labor market comparisons. The City Council may award a merit bonus, as it deems I appropriate, with a cap of five (5) percent of EMPLOYEE'S gross wage over the term of this Agreement. Effective July 1, 2004 EMPLOYEE shall be paid $10,000 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 i 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 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. EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 6 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. 6 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 i i payment for EMPLOYEE and his dependants for comprehensive medical Blue Cross Plan II and i 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 EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 7 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. 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 EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 8 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, with the exception of 2005 review. The performance review for 2005, based on Council's suggestions will be a "360 Degree" review. Prior to January, 2005, Council and EMPLOYEE will discuss and agree to a format and process to be carried out after January 1, 2005. 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. EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 9 SECTION 8 - GENERAL PROVISIONS: A. Professional Liabili : 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 payment therefor on termination of employment. All provisions of the City Chatter and other City programs relating to employee benefits and working conditions as they now exist, or as EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 10 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 executed this Agreement, both in duplicate, on the date first written above. Mayor - City of Tigard William A. Monahan, City Employee ATTEST: City Recorder APPROVED AS TO FORM City Attorney l..1admibi/Manahan employment agreement drag 2009.doc7/1/04 EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 12 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT is made and entered into this 14th day of May, 2004, 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 expires on May 15, 2006. 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 i for the consideration specified in this Agreement, the CITY and EMPLOYEE mutually agree: . i EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGEI SECTION 1 - EMPLOYMENT, DUTIES AND AUTHORITY: 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 EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 2 Council whether made individually or collectively. SECTION 2: TERM/NOTICE OF NON-RENEWAL: OPTION II: (As amended) The Four Year Term, Two Year Notice Option Prepared by the City Attorney: The initial term of this Agreement shall be four years, commencing on May 14, 2004. Every second year on the anniversary date, the term shall be extended for an additional two years, so that immediately following the extension the contract term shall be four years. However, the City Council may notify the City Manager on or before the March 15 immediately preceding a renewal date that the provision for the automatic extension has been terminated. The City Manager may notify the Council prior to the April 15 immediately preceding a renewal date that he does not desire the extension, in which case the automatic extension will be terminated. Nothing in this section prevents termination of this Agreement as otherwise provided in this Agreement. 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. f 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 I any other employer until said contract termination date, unless said termination is effected as I EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 3 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 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. 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 EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 4 regulations applicable to all employees in a For-Cause Termination. If EMPLOYEE is terminated for cause or convicted of any illegal act involving personal gain to him, CITY shall not pay any severance pay to EMPLOYEE. C. Acts Constituting Involuntary Termination. If the CITY reduces the salary or 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. After 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. EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 5 SECTION 4- SALARY, HOURS OF WORK, VACATION AND SICK LEAVE: A. Sa ar . 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 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. When reviewing EMPLOYEE'S salary, Council will consider the seven city comparables used by the City to l perform labor market comparisons. 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 July 1, 2004 EMPLOYEE shall be paid $10,000 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. j D. Vacation: The CITY grants the EMPLOYEE vacation benefits at the rate of i 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. EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 6 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 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 EMPLO xTE'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 EMPLOYMENT AGREEMENT - WILI:iAM MONAHAN PAGE7 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 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 EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 8 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. 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, with the exception of 2005 review. The performance review for 2005, based on Council's suggestions will be a "360 Degree" review. Prior to January, 2005, Council and EMPLOYEE EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 9 will discuss and agree to a format and process to be carried out after January 1, 2005. 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. SECTION 8 - GENERAL PROVISIONS: A. Professional Liabili : 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 EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 10 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 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 L held to be unconstitutional, invalid or unenforceable, the remainder of this Agreemcnt, or portion r thereof, shall be deemed severable and shall not be affected, and shall remain in full force and effect. u i EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE I I 1 1 IN WITNESS WHEREOF, the CITY OF TIGARD, OREGON has caused this Agreement to be signed and executed and the EMPLOYEE has signed and executed this Agreement, both in duplicate, on the date first written above. Mayor - City of Tigard William A. Monahan, City Employee ATTEST: City Recorder APPROVED AS TO FORM City Attorney i.%admwilMronahan employment agreement dreg 2OO4.doc7/1/04 1 I; EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 12 1 V O e ~j EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT is made and entered into this 14th day of May, 2004, 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 expires on May 15, 2006. 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: EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 1 SECTION I - EMPLOYMENT, DUTIES AND AUTHORITY: 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 3.1). 3 C. The Mayor and Council of the CITY agree to the principle of non-interference in j 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 EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 2 Council whether made individually or collectively. SECTION 2: TERM/NOTICE OF NON-RENEWAL: OPTION III: (As amended) The Three Year. "Rolling" Term Option: The initial term of this Agreement shall be three years, commencing on May 14, 2004. On the yearly anniversary date the term shah be automatically extended for one (1) year, so that, following extension, the contract term shall be three years. However, the City Council may notify the City Manager on or before March 15 that the provision for the annual extension has been terminated. In that event, the automatic extension provision shall be terminated, and the Employment Agreement shall expire at the end of the then existing three-year period. The City Manager may notify the City Council prior to April 15 that he does not desire the extension, in which case the automatic extension shall be terminated. Nothing in this section prevents termination of this Agreement as otherwise provided in this Agreement. 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 termination date, unless said termination is effected as EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 3 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 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. 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 EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 4 regulations applicable to all employees in a For-Cause Termination. If EMPLOYEE is terminated for cause or convicted of any illegal act involving personal gain to him, CITY shall not pay any severance pay to EMPLOYEE. C. Acts Constituting Involuntary Termination. If the CITY reduces the salary or 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. After the EMPLOYEE has given notice, the CITY and EMPLOYEE may agree to a tennination date other than that set forth in the notice of resignation. EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 5 SECTION 4- SALARY, HOURS OF WORK, VACATION AND SICK LEAVE: A. Sala yr . 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 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. When reviewing EMPLOYEE'S salary, Council will consider the seven city comparables used by the City to I perform labor market comparisons. 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 July 1, 2004 EMPLOYEE shall be paid $10,000 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 i 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. EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 6 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 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 i 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 EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 7 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 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 i EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 8 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. 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 L of the EMPLOYEE in meeting or progressing towards the goals formally adopted by Council as well as the exercise of authority granted in Section I of this Agreement. These annual evaluations shall be in closed Executive Sessions and shall be conducted during the month of 0 April, with the exception of 2005 review. The performance review for 2005, based on Council's suggestions will be a "360 Degree" review. Prior to January, 2005, Council and EMPLOYEE EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 9 :~r will discuss and agree to a format and process to be carried out after January 1, 2005. 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. SECTION 8 - GENERAL PROVISIONS: A. Professional Liabili :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 EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 10 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 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 executed this Agreement, both in duplicate, on the date first written above. Mayor - City of Tigard William A. Monahan, City Employee ATTEST: City Recorder APPROVED AS TO FORM City Attorney i.%admlbi Agwahan employment agreement draft 2004.doc7/lIO4 EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 12