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City Council Packet - 10/12/2004
OREGON TIGARD CITY COUNCIL MEETING October 12, 2004 COUNCIL MEETING WILL BE TELEVISED I:\Ofs\Donna's\Ccpktl 13125 SW Hall Blvd., 11gard, OR 97223 (503) 639-4171 TDD (503) 684-2772 COUNCIL MINUTES TIGARD CITY COUNCIL MEETING October 12, 2004 The meeting was called to order at 6:30 p.m. by Mayor Dirksen. Council Present: Mayor Dirksen, Councilors Moore, Sherwood, Wilson. Councilor Woodruff was excused. STUDY SESSION > UPDATE ON CITY HALL DAY City Manager Bill Monahan explained the City Hall Day would be held October 14, at which time candidates for Representative and Senate are invited to discuss issues. The meeting will be taped for rebroadcast on cable television. The League of Oregon Cities is sponsoring this event throughout the State. Assistant to the City Manager Liz Newton further explained the event gives an opportunity for elected officials to meet with candidates for the state house and senate to discuss issues. The League of Oregon Cities provided a list of potential issues. Staff will present information on water rights, property rights legislation, and telecommunication franchise and stable finances. The meeting begins at 7 p.m. in Town Hall. King City representatives were invited to this meeting. > JOINT MEETING- TIGARD TUALATIN SCHOOL DIST/CITY OF TUALATIN Mr. Monahan reminded Council of the Joint Meeting with the Cities of Tigard and Tualatin and Tigard/Tualatin School District on Monday, November 15, to begin either at 6 or 6:30 p.m. The meeting will be hosted by the School District. > MADE A DIFFERENCE DAY OCTOBER 16, 2004 Mr. Monahan stated a flyer is included in the packet about this event. Councilors were requested to RSVP if they are able to attend. Ms. Newton noted the Youth Advisory Forum will be involved in this event. Tigard City Council Minutes Page 1 Meeting of October. 12, 2004 > LEAGUE OF OREGON CITIES - DESIGNATION OF VOTING DELEGATE Councilor Sherwood was designated to be Tigard's voting delegate as she is the only current councilor scheduled to attend the League of Oregon Cities meeting in November. > NW MEDICAL TEAMS LETTER Mayor Dirksen stated the NW Medical Teams head office is now located in Tigard and the organization is celebrating its 251 anniversary this fall with a special dinner. Councilors are invited to attend. He will provide information relating to the date and location. Councilor Sherwood indicated she would like to attend but would pay for her own tickets. > CITY RECORDER POSITION Mr. Monahan noted City Recorder Cathy Wheatley has indicated her intent to return from her leave of absence December 6, but is asking to reduce her hours to 28 hours a week and to redistribute some of her responsibilities. Previously Ms. Wheatley was part of Administration but it is proposed she be moved to Office Services and work under the direction of Nadine Robinson, Office Services Manager. After Finance moves to City Hall, he is proposing that some of his administrative support be provided by Finance. There are more details to be worked out. By Charter, the City Recorder works directly for the Council which is why this was being discussed. He asked if Council had any objection to this arrangement. Councilor Sherwood asked if Ms. Wheatley would be able to do her work with only 28 hours a week. Mr. Monahan explained she will try this arrangement, but there are times when adjustments may be required. The Council agreed with Ms. Wheatley's request to work 28 hours a week as City Recorder. > BALLOT BOX Mr. Monahan stated a temporary ballot box will be installed later this week to be located in the island located in the area where the skatepark is proposed. The intent is for traffic to come off Hall Blvd., turn right into the public parking area to the box, and then exit onto Burnham Road. The City did not Tigard City Council Minutes Page 2 Meeting of October 12, 2004 want the box located in the circular driveway. The intent is to find a permanent location later. > TIM RAMIS' LETTER REGARDING CONFLICT OF INTEREST Mr. Monahan stated this discussion is a result of Alice Ellis Gaut's comments at the September 28 Council Meeting during the Visitor's Agenda regarding Mr. Ramis' letter concerning the Goal 5 process. Mr. Ramis was representing a client and the concern was whether the comments on behalf of his other client might conflict with his responsibilities as Tigard's City Attorney. Mr. Ramis stated he understood that some might feel there was a conflict, but in fact the letter on behalf of another client was actually in support of the City's position to forward Councilor Wilson's letter to the Tualatin Basin Natural Resources Steering Committee relating to Goal 5. He contacted the State Bar to be sure they did not feel there was a violation or perceived conflict of interest, which they did not. He explained he has served as legal counsel for other jurisdictions, and there have been times when the interests of private clients were in conflict with representing the municipality. In those cases, there are reciprocal agreements in place with other attorney's to represent the municipality. He urged the Council that if they ever feel there a question about a perceived conflict of interest or a legal problem, to notify him immediately. He also noted the city's interest comes before his representation of private clients. Councilor Wilson stated he did not feel this was an issue when he first saw Mr. Ramis' letter to the Steering Committee, but a citizen had asked Council tc review the matter. Councilor Sherwood agreed she did not feel this was an issue. She understood how someone might not understand and have concerns. She appreciated the explanation. At the request of Council, Mayor Dirksen stated he would make a statement for the official record during the Business Meeting under the Visitor's Agenda, to state Council had discussed this concern with Mr. Ramis and did not find any legal or ethical violation at this time, but recognized their was a possibility of a perception of a conflict of interest. The Council will take future action to consider possible conflict issues and providing a clearer directive regarding future potential conflicts of interest. Tigard City Council Minutes Meeting of October 12, 2004 Page 3 > LEAGUE OF OREGON CITIES PRESS RELEASE REGARDING QWEST Craig Prosser, Finance Director, announced the US District Court, Ninth Court of Appeals, rendered its decision this morning regarding the case of Qwest Corporation vs. the City of Portland. Arguments were made last November. There are questions about the Tigard's franchise ordinance which are based on gross revenues. Portions of the decision were upheld while other issues were remanded back to the US District Court. Additional discussion will take place during the Executive Session. > ADMINISTRATIVE ITEMS a. Calendar Review • October 14: City Hall Day 7:00 pm at Town Hall • October 16: Make a Difference Day - 9 am to noon • October 19: City Council Workshop Meeting - 6:30 pm • October 26: City Council Business Meeting - 6:30 pm • November 4-6: LOC Conference - Marriott Hotel downtown Portland • November 9: City Council Business Meeting - 6:30 pm The Study Session was recessed at 6:53 p.m. to go into Executive Session. • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss potential litigation under ORS 192.660(2)(h). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(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. The Study Session was reconvened at 7:04 p.m. after the Executive Session. > RESPONSE TO JOHN FREWING REGARDING TIGARD/WASHiNGTON COUNTY PLANNING ISSUES Mr. Monahan noted Community Development Director Jim Hendryx had prepared a letter to Mr. Frewing in response to concerns raised during the Visitor's Agenda at the September 28, 2004 Council Meeting regarding several planning issues. A copy of the Intergovernmental Agreement with Washington County is attached to the letter which details both Washington County and Tigard's responsibility in the Metzger area which Mr. Frewing had Tigard City Council Minutes Page 4 Meeting'of October 12, 2004 questioned. He will present comments during the Business Meeting under Visitor's Agenda concerning this response. Study session recessed at 7:10 p.m. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the Council and Local Contract Review Board Meeting to order at 7:30 p.m. 1.2 Roll Call: Mayor Dirksen, Councilors Moore, Sherwood, Wilson were present. Councilor Woodruff was excused. 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports - None 1.5 Call to Council and Staff for Non-Agenda Items - None 2. VISITOR'S AGENDA Nikki Pham, Tigard High School Student Envoy, told the Council about various activities and information related to the high school. Ms. Pham distributed a handout (Agenda Item No. 2, Exhibit 1), which is on file in the City Recorder's office. Chamber Representative Dan Murphy updated the Council on Tigard Area Chamber of Commerce activities. ■ Response to Alice Ellis Gaut's Comments and Letter made at the September 28, 2004 meeting. Mayor Dirksen stated Alice Ellis Gaut had submitted a letter in which she raised concerns in reference to a letter written by City Attorney Tim Ramis on behalf of another client regarding Metro's Goal 5 Process and Goals. A copy of Mr. Ramis' letter had been given to the Councilors. The Council discussed this matter with Mr. Ramis during the Study Session and found no legal or ethical violation at this time, but recognized the possibility of a perception of conflict of interest, or a future conflict if the City becomes involved in litigation as a result of future Goal 5 legislation. Recognizing that the City Attorney may lack sufficient guidelines and official direction from the City Council, the City Council will take further action to consider possible conflict issues, with the intent to providing the City Attorney with a clearer directive regarding future potential conflicts of interest. Tigard City Council Minutes Page 5 Meeting of October 12, 2004 ■ Response to Comments made by John Frewing at the September 28, 2004 during the Visitor's Agenda. Mr. Monahan stated Community Development Director Jim Hendryx's letter had been given to Mr. Frewing regarding the Tigard/Washington County intergovernmental agreement relating to planning issues in the Metzger area. A copy of the agreement was attached to the letter. (Agenda Item #2, Exhibit 2) Alice Ellis Gaut, 10947 SW Chateau Lane, Tigard, requested Council to support a resolution urging voters to vote "No" on the State Ballot Measure 37, "Governments Must Pay Owners, or Forego Enforcement, when Certain Land Use Restrictions Reduce Property Values." She pointed out the measure, if approved by the voters, would cause financial havoc on cities, counties and the State. Gretchen Buehner, 17249 SW 136' Place, Tigard, requested the City consider an ordinance to regulate abandoned vehicles and equipment from being abandoned mainly along Fanno Creek from residential, commercial, and industrial users, which cause pollution to the stream. She had checked with Christine Darnell, City Code Enforcement Officer, who indicated there was nothing in the City's code that regulates abandoned vehicles or equipment along the streambed. Councilor Moore suggested the staff check existing City Code as well as regulations in place by other jurisdictions such as Clean Water Services. He thought the City Code regulated abandoned vehicles. Mr. Monahan indicated he would ask Community Development Director Jim Hendryx to check into this. Phil Decker, 14540 SW 1481 Place, Tigard, stated he recently purchased his home on Bull Mountain and just heard about the possible annexation of the area to Tigard as well as the process the City followed to put this measure on the November ballot. After a 15 minute search of the Oregon Revised Statutes, he found where the original single majority proposal of ORS 195 was not allowed to be used in the Portland Metropolitan area. This is something the City Manager, the City Attorney, staff and Council should have been aware of, and therefore he did not want to be part of a city whose officials were not aware of state laws and regulations. Mayor. Dirksen reviewed the process the City has followed for the past year or so, originally considering the ORS 195 process. He noted there is a conflict in the statutes regarding ORS 195 and ORS 222, and both the League of Oregon Cities Tigard City Council Minutes Page 6 Meeting of October 12, 2004 and the Association of Oregon Counties would be urging the Legislature to clarify the statutes during the upcoming legislative session. Holly Shumway, 14535 SW Woodhue, stated one of the frustrations she has with the proposed annexation is that if the annexation is approved, the residents of the Bull Mountain area would not be able to vote for Councilors for another two years. Mr. Ramis explained the City Charter provides when elections are held. Mr. Monahan noted the City Council cannot change the Charter. Either the Council or citizens through an initiative process could propose a change in the charter. Mayor Dirksen recalled the Bull Mountain annexation was originally considered in December 2003 which would have placed this matter on the March 2004 ballot. If it had been placed on the March 2004 election and been approved, residents of the Bull Mountain area would have been able to run for Mayor and Council and vote on those candidates at this November's election. At the request of citizens, Council deferred placing the issue on the ballot in order to conduct the White Paper studies. Ms. Shumway replied the additional information from the White Papers was needed, but residents of the area feel this process was being steamrolled on Bull Mountain residents by Tigard. Residents feel they are excluded from the decision- making process because of the timing of this measure. J j 3. CONSENT AGENDA: Motion by Councilor Wilson, seconded by Councilor Sherwood, to approve the Consent Agenda items: 3.1 Approve Council Minutes for September 14, 2004 3.2 Receive and File a. Council Calendar b. Tentative Agenda 3.3 Resolution No. 04-70 - A RESOLUTION OF THE TIGARD CITY COUNCIL SUPPORTING APPLICATIONS FOR FEDERAL ASSISTANCE FOR CONSTRUCTING SIDEWALK AND RELATED IMPROVEMENTS ON VARIOUS STREETS WITHIN LOW-MODERATE INCOME AREAS OF THE CITY. Tigard City Council Minutes Meeting of October 12, 2004 Page 7 3.4 Resolution No. 04-71 - A RESOLUTION APPROVING BUDGET AMENDMENT #2 TO THE FY 2004-05 BUDGET TO ACCEPT AND EXPEND US DEPARTMENT OF JUSTICE GRANT FUNDS FOR THE "DARE TO BE GREAT" SUMMER CAMPS The motion was approved by a unanimous vote: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes MOUNTAIN RESOLUTIONS TO CONFIRM THE CITY 4. DISCUSSION OF COUNCIL'S COMMITMENTS TTHAT WOULD OCCUR UPON ANNEXATION a. Staff Report Mr. Monahan presented the staff report and explained Council, during the Bull Mountain Annexation process, had commented they were committed to identifying how city services would be provided to the Bull Mountain area upon annexation. The Ballot Measure is on the ballot on November 2. Recently the Council directed staff to prepare the seven resolutions to confirm to voters how some city services will be provided to the Bull Mountain area. The resolutions cover the following areas: Capital Improvement Projects and Funding; Comprehensive Planning; • Identifying open spaces and park lands to serve the Bull Mountain area; Hiring additional police personnel and providing training in advance of the effective date of annexation; . Commitment of Parks System Development Funds (SDC's) collected on Bull Mountain to serve the area; Phasing in of taxation; Recognizing the Bull Mountain area as a neighborhood with a unique identity in a revised city-wide neighborhood program. Councilor Wilson requested Mayor Dirksen to review each resolution in more detail. Tigard City Council Minutes Page 8 Meeting of October 12, 2004 Mayor Dirksen reviewed the commitments made in each resolution should the annexation be approved. (Note the resolution number was added after all the resolutions were discussed.) i No. Subject Mayor Dirksen's Explanation 04- Reaffirmation of Phase-in of There will be a slight net decrease in taxes the first year 72 Taxes as stated in Ballot with the elimination of the taxes for the Washington Measure Enhanced Sheriffs District and the Road Maintenance District. The permanent City of Tigard tax rate is $2.5131 per $1,000 assessed value. Councilor Wilson noted utility taxes and SDC's were not included in the tax phase in. 04- Recognizing Bull Mountain Throughout the annexation hearings, Council received 73 areas as neighborhood with testimony that Bull Mountain area was a unique unique identity neighborhood. The City is looking at a future program of identifying unique neighborhoods throughout City. 04- Immediately hire and train The hiring and training of police officers will take 12- 74 eleven police officers beginning 15 weeks. Police officers would be able to begin in January 2005 serving the Bull Mountain area July 1 with the same Level 1 service level received by the rest of the city residents which is four minutes of less. 04- Begin aggressive search of City recognizes the Bull Mountain area lacks park area. 75 potential park land in January The search would be to find property for a third city 2005 anchor park in the Bull Mountain area. 04- Assume responsibility from The City will begin its comprehensive plan review 76 Washington County for process in January 2005. If the Bull Mountain Comprehensive Planning of Bull annexation is approved, that area would be % Mountain Area incorporated at the beginning of the whole process. The Comprehensive Plan was last updated in 1984, and several modifications have been approved each year since then. If the Ballot Measure is approved, the area would not be legally within the city until July 1, 2005. Residents of the Bull Mountain area would be appointed to serve on all the citizen task forces relating to the comprehensive plan revision in addition to existing city residents. Tigard City Council Minutes Meeting of October 12, 2004 Page 9 04- Commit average of at least 77 30% of Capital Improvement Funds to projects in the Bull Mountain area for at least the next five years Allocate System Development 7arges (SDC's) collected in Mountain area to park and en space projects in the Bull ountain area b. Council Discussion While the Bull Mountain area is part of Washington County, capital improvements have not taken place in the area, particularly in the areas of streets and parks. The area is vastly underserved. If the Bull Mountain area is annexed, the population of the Bull Mountain area would represent between 15% and 17% of the City's population. The City is willing to double the amount of Capital Improvement Funds to 30% to be used on capital improvement projects in the Bull Mountain area for the next five years. After five years, projects would compete with other capital improvement projects in the rest of the city. City recognizes the need for parks in the Bull Mountain area. This would dedicate all Parks SDC's collected from development in the Bull Mountain area to parks and open space in the Bull Mountain area. Mayor Dirksen stated Councilor Woodruff is out of town and had sent a message asking to go on record that he had reviewed the proposed resolutions, which he supports, and asked if the record could indicate his "Aye" vote in order for the resolutions to pass by a unanimous vote. Mayor Dirksen noted that the record could not indicate Councilor Woodruff's "Aye" vote, because he councilor has to either be physically present or participating by telephone for votes to be recorded. Councilor Wilson stated Council is committed to providing city services to the Bull Mountain area upon annexation. These resolutions states what will happen after annexation. Council took the initiative to bring these forward at this time. Councilor Sherwood noted Council had stated during the annexation process they would come back hoth air commitments at he time, citizens. but Councilors were now were not lust a to of honoring the comments made in August. Councilor Moore stated the Council had indicated its intention during the annexation hearings that it would come back sometime this fall with statements relating to service commitments to residents of the Bull Mountain area. Page 10 Tigard City Council Minutes Meeting of October 12, 2004 Mayor Dirksen stated he had proposed most of these resolutions to Council. He pointed out some people may question the timing of these resolutions, but these resolutions are a commitment made by Council during the annexation process. It would have been inappropriate to make these at the time the annexation measure was forwarded to the Ballot. Upon motion of Commissioner Sherw seconded by Councilor Wilson, TO APPROVE RESOLUTION NO. 04- RESOLUTION OF THE TIGARD YEAR CITY COUNCIL CONESR FOR BULL MO NTAINT RES DENTS THREEUPON PHASE-IN OF TAX ANNEXATION OF THE BULL MOUNTAIN AREA. The motion was approved by a unanimous vote: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Upon motion of Commissioner Wilson, seconded by Councilor Sherwood, TO APPROVE RESOLUTION NO. 04-73 - A RESOLUTION OF THE TIGARD CITY COUNCIL CONFIRMING THE COMMITMENT OF RECOGNIZING WITH A THE BULL MOUNTAIN AREA NEIGHBORHOOD PROGRAM. UNIQUE IDENTITY IN A REV The motion was approved by a unanimous vote: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Upon motion of Commissioner Sherwood, seconded by Councilor Wilson, TO APPROVE RESOLUTION NO. 04-74 - A RESOLUTION OF THE TIGARD CITY COUNCIL FOLEVENT POLICE OFFICORS UPON ANNEXATION OF IMMEDIATE HIRE OF THE BULL MOUNTAIN AREA. The motion was approved by a unanimous vote: Page 11 Tigard City Council Minutes Meeting of October 12, 2004 Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Upon motion of Commissioner Wilson, seconded by Councilor Sherwood, TO APPROVE RESOLUTION NO. 04-75 - A RESOLUTION OF THE TIGARD CITY COUNCIL CONFIRMING A COMMITMENT TO AN AGGRESSIVE SEARCH OF POTENTIAL PARK LAND PURCHASES UPON ANNEXATION OF THE BULL MOUNTAIN AREA. The motion was approved by a unanimous vote: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Upon motion of Commissioner Sherwood, seconded by Councilor Wilson, TO APPROVE RESOLUTION NO. 04-76 - A RESOLUTION OF THE TIGARD CITY COUNCIL CONFIRMING 1 r;r- COMMITMENT TO ASSUME RESPONSIBILITY FROM WASHINGTON COUNTY FOR THE COMPREHENSIVE PLANNING OF THE BULL MOUNTAIN AREA UPON ANNEXATION ^F THE RI-11.1 MOUNTAIN AREA AND INCLUDE THE BULL MOUNTAIN AREA IN THE CITY'S COMPREHENSIVE PLANNING PROCESS THAT WILL BE INITIATED IN JANUARY 2005. The motion was approved by a unanimous vote: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Upon motion of Commissioner Moore, seconded by Councilor Wilson, TO APPROVE RESOLUTION NO. 04-77 - A RESOLUTION OF THE TIGARD CITY COUNCIL CONFIRMING THE COMMITMENT OF AN AVERAGE OF AT LEAST 30% OF CAPITAL IMPROVEMENT FUNDS TO PROJECTS IN THE BULL MOUNTAIN AREA FOR FIVE YEARS UPON ANNEXATION OF THE BULL MOUNTAIN AREA. The motion was approved by a unanimous vote: Tigard City Council Minutes Page 12 Meeting of October 12, 2004 Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Upon motion of Commissioner Sherwood, seconded by Councilor Wilson, TO APPROVE RESOLUTION NO. 04-78 - A RESOLUTION OF THE TIGARD CITY COUNCIL CONFIRMING THE COMMITMENT TO ALLOCATE PARK SYSTEMS DEVELOPMENT CHARGES COLLECTED AFTER ANNEXATION OF THE BULL MOUNTAIN AREA TO PARK AND OPEN SPACE LAND ACQUISITION ON BULL MOUNTAIN. The motion was approved by a unanimous vote: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 5. 6. DISTINGUISHED BUDGET AWARD Mr. Prosser stated the Government Finance Officers Association sponsors a Distinguished Budget Presentation Award, which is intended to encourage jurisdictions to adhere to the highest principles in developing their governmental budgets. In order to qualify for the award, jurisdictions must satisfy nationally recognized guidelines for the presentation of budgetary information in 27 categories. His goal has been, and continues to be, to improve in all categories. The City received an "outstanding" rating in 15 of the 27 categories. His goal is to receive "outstanding in even more categories. The city has received this award for 17 consecutive years. Mr. Prosser recognized members of the Finance Department who work on this annual document, including Tom imdieke, Michelle Wareing, Heather Block and Maureen Denny. Mr. Prosser presented the Distinguished Budget Presentation Award to Mayor Dirksen. LIBRARY OPERATIONS UPDATE Margaret Barnes, Library Director, introduced Library Board members ]an Thenell and David Burke. She reviewed some statistics relating to hours of operation, number of cards Issued and circulation since 2003. Tigard City Council Minutes Page 13 Meeting of October 12, 2004 Mr. Burke stated many of his friends and members of his family compliment him on the new library building as if he had personally built it. Concerned friends and family have expressed their concern about the current hours of operation however. Ms. Thenell discussed the need for more resources in order to expand the operating hours. The Board has been working on a strategic plan this year for the library to be more involved in the community and to be a neighborhood player. One component is to get more involvement by members of the community, from parents of pre-school students, teenagers, seniors, job seekers, and many others. Mayor Dirksen stated Council appreciates the concerns relating to funding and hours of operation. The Washington County Commissioners did not place the library levy on the ballot for November 2004, and WCCLS cut the supplements to cities when the last levy ended in ]une. The Board and Council did not have city funds to maintain the same number of hours as they had teens to do homework and just the Young Adult's Room at the new Library is used hang out. Ms. Barnes noted there has been a large increase of people coming to the new library since the new library opened in August. With the allocation of some funds from the Hotten bequest, the hours were increased to 54 hours a week for the 12-week period beginning with the opening of the Library to the first of November. The staff and board are working on a five-year strategic plan for the library and invite comments and suggestions from patrons. They are trying to find creative ways to meet this public need. Mr. Mbnahan reviewed the background of the past two library levies the Washington County Commissioners put on the ballot last year. Curtis Tigard gave permission for the City to use part the money from the after the Library Grace library pen longer hours bequest penede in gave to the City to p the August. Ms. Thenell stated the Library is probably the busiest place in the City, receiving a high volume of traffic. 7. TUALATIN RIVER TRAIL EASEMENT 81 PEDESTRIAN BRIDGE UPDATE a. Staff Report: Duane Roberts, Associate Planner in Community Development, pointed out the location of the Tualatin River Trail Easement on an aerial photo. He noted Page 14 Tigard City Council Minutes Meeting of October 12, 2004, the environmental buffer area has increased from 25 feet to 125 feet over a period of several years. There is an existing easement from Clean Water Services for the trail easement, but in order to construct the trail, the old easement will have to be released and a new easement given. Mr. Roberts then reviewed PowerPoint slides to show some of the existing path/trail area. Dan Plaza, Parks Manager, provided an update on the status of the Pedestrian Bridge. This will be the first pedestrian-only bridge over the Tualatin River. The City of Tualatin took the lead on this project with Justin Patterson of Tualatin being the lead person. Mr. Patterson has worked with David Evans and Associates who is the consultant on the bridge design. The construction estimate was short by $220,000, and Mr. Patterson then worked with the State Department of Transportation to secure approval of additional funding. The project requires a local match, to be split between the Cities of Tigard, Tualatin and Durham. Mr. Plaza distributed a handout entitled "Matching Funds Distribution," (Agenda Item 7, Exhibit 1) which shows that Tigard's contribution will be $250,125, Tualatin's contribution of $160,000, and Durham's contribution of $10,000. Tualatin's share is smaller because their staff has done so much of the work on this. The source of Tigard's share will come from the County MSTIP ($192,597) and Parks SDC's ($57,528). Mr. Roberts stated the action staff is recommending at this time only is to authorize the City Manager to execute the Release of the Easement. Later there will be a formal agreement on costs and Clean Water Services will execute a new easement. b. Council Discussion Councilor Wilson asked if the trail had been physically staked on the ground in order to take trees and topography into account. Mr. Roberts responded that it had, and the wiggles on the drawings show the location of trees and topography constraints. Upon motion of Councilor Moore, seconded by Councilor Sherwood, TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE RELEASE OF EASEMENT REGARDING THE TUALATIN RIVER TRAIL EASEMENT. The motion was approved by a unanimous vote: Tigard City Council Minutes Page 15 Meeting of October 12, 2004 Mayor Dirksen Councilor Moore Councilor Sherwood Councilor Wilson 8. CONTIGUOUS ANNEXATION a. Staff Report Yes Yes Yes Yes Jim Hendryx, Community Development Director, stated this item is a follow- up to Council's discussion at its September 21 work session. He then reviewed the four points Council had directed which would memorialize their decision as follows: Tigard will continue to process requests to annex properties that are contiguous to the City limits. The double majority method will not be used to bring in additional properties as part of these annexations, even if doing so creates a more uniform boundary. Where properties adjacent to those requesting annexation have previously signed consents to annex, those consents will be processed concurrently. If consents to annex are submitted after the property becomes contiguous to the City limits, annexation will be processed immediately. Tigard will not proceed with island annexations on a case-by-case basis unless further directed by Council. (NOTE: See below for revised language.) b. Council Discussion The Council discussed the various points. Councili concurred to make the following change to the last point: Tigard will [not] only proceed with island annexations on a case-by-case basis unless further directed by Council. Mr. Hendryx explained the City is not able to approve any annexation requests for 60 days prior to or 1 day after an election. There are annexations scheduled before Council on December 9, well after the November election. The Council CONCURRED with the direction as outlined and with the change to the fourth point. No formal action was required. Page 16 Tigard City Council Minutes Meeting of October 12, 2004 9'. CONSIDERATION OF A POLICY TO ESTABLISH A RESIDENTIAL SERVICE AGENCY EMERGENCY FUND a. Staff Report Liz Newton, Assistant to the City Manager, presented the staff report and indicated this was a follow-up to the Council's August 17 workshop meeting regarding the establishment of a policy regarding the proposed Residential Services Agency Emergency Fund. The policy provides the fund not exceed 5% of the total allocated for social service grants, with funds to be used for emergencies only. If Council approves the policy, there will need to be a budget amendment to appropriate the funds for this fiscal year, and any unused funds will be returned to the general fund at the end of the year and not carried over to the next year. b. Council Discussion Councilor Sherwood noted she concurs with the proposed policy to allocate emergency funds. Councilor Moore asked where the amount is stated in the resolution. Ms. Newton replied it is on the last line of item 1 of the proposed policy. Mayor Dirksen agreed this has been rarely used in the past, but the funds would be available for a true emergency under the guidelines of the policy. C. Upon motion of Councilor Sherwood, seconded by Councilor Wilson, TO APPROVE RESOLUTION APPROVING A OLICYRESOLUTION STAB 15H A TIGARD CITY C RESIDENTIAL SERVICES AGENCY EMERGENCY FUND. The motion was approved by a unanimous vote: Mayor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 10. COUNCIL LIAISON REPORTS - None Page 17 Tigard City Council Minutes Meeting of October 12, 2004 11. NON AGENDA ITEMS - None 12. ADJOURNMENT - Mayor Dirksen adjourned the meeting at 9:07 p.m. c a m, eputy Ity Recorder Attest: Mayor, ty o gar Date: t15' /a~ =CJr7~`" Tigard City Council Minutes Page 18 Meeting of October 12, 2004 l►RD CiTtY COUNCIL MEETING OCTC>BER=:12, 200 6 30 pni TIG ~RD CITY HALL x 113125 SW,.HALL BLVD T[GAR©, OR -772213: PUBLIC NOTICE: CITY OF TIGARD OREGON 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 - OCTOBER 12, 2004 page 1 AGENDA TIGARD CITY COUNCIL MEETING OCTOBER 12, 2004 6:30 PM STUDY SESSION EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss real property transaction negotiations under ORS 192.660(2)(e). 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 U Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 8t 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) Tigard High School Student Envoy Nikki Pham Dan Murphy 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 September 14, 2004 3.2 Receive and File a. Council Calendar b. Tentative Agenda 3.3 Authorize the Submission of a CDBG Grant Application: Resolution No. 04-_ Accept 3.4 Approve Budget US DpartmenttOf #2 To The FY ]ustti e Grant Funds F orBThee"Daore To Be And nd Expend Great" Summer Camps: Resolution No. 04- COUNCIL AGENDA - OCTOBER 12, 2004 page 2 • 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. 7:55 PM 4. DISCUSSION OF BULL MOUNTAIN RESOLUTIONS TO CONFIRM THE CITY COUNCIL'S COMMITMENTS THAT WOULD OCCUR UPON ANNEXATION a. Staff Report: Administration b. Council Discussion 8:20 PM 5. DISTINGUISHED BUDGET AWARD a. Staff Report: Craig Prosser, Finance b. Council Discussion 8:30 PM 6. LIBRARY OPERATIONS UPDATE a. Staff Report: Margaret Barnes, Library b. Council Discussion 8:40 PM 7. TUALATIN RIVER TRAIL EASEMENT 8t PEDESTRIAN BRIDGE UPDATE a. Staff Report: Duane Roberts, Community Development, Dan Plaza, Public Works b. Council Discussion 8:55 PM 8. CONTIGUOUS ANNEXATION a. Staff Report: Jim Hendryx, Community Development b. Council Discussion 9:15 PM 9. CONSIDERATION OF A POLICY TO ESTABLISH A RESIDENTIAL SERVICE AGENCY EMERGENCY FUND a. Staff Report: Liz Newton, City Administration b. Council Discussion C. Council Consideration: Resolution No. 04- 9:25 PM 10. COUNCIL LIAISON REPORTS 9:30 PM 11. NON AGENDA ITEMS 9:35 PM 12. ADJOURNMENT I:\AD M\CATHY\CCA\2004\041012.DOC COUNCIL AGENDA - OCTOBER 12, 2004 page 3 i~~ 0 ^E* 1; cj u , s ~ o f a A f z A b L K3 . •l7 ~h n . ! - y +Y r. 2p r r4 r tl 'ir 5 ~.af 1d`r !y w 't• r; y , N s a fi sa~~~r~~ t AGENDA TIGAftD CITY CGUNCIL BUSINFSSnMF.ft STUDY SES510N K 7' cT ' { octobef 12, 20Q4 6:3Q R In 1312$ SW Hall Bouk~►ard~ n Stilly 3s i bt the [ted Rode Creel( Conference Room :Ender at the back of Town Hail .The Coundl o T3r"' city tri attend , part ofti>e rrieefi~. if-tlie - caber of attendees exceeds the capadty r~ 1 tk~o Ya all ` " iorri; ttre Councq may move the'Study Session totfie Town Haq s SESSION The Tigard Chy Coumdl will go Into Fxecutlve Session to discuss'real property and potential ihigatWn under ORS '192.660(2)(h). All rte Eotladons under 92.660(2)(e) iC ; fad x t cs ~a -opf idendal acid those. present may distiose notfii B from the Session. Representatives of the allowed ttsattend Execudke Sessbns, as provided by ORS 192.660(4), but moist not disdo5e k' ' # .1Vo Executive Session may be held,for the purpose,of taking any final action or 5 "final dedslorr. ~iesudve Sessions are dosed to the public. v , r{ STUDY SESSION TIM RAM1S' LETTER REGARDING CONFLICT OF INTEREST JOINT MEETING- TIGARD TUALATIN SCHOOL DIST/CITY OF TUALATIN UPDATE ON CITY HALL DAY > '-MADE'A DIFFERENCE DAY 10/16/04 - LEAGUE OF OREGON CITIES - DESIGNATION OF VOTING. DELEGATE NW MEDICAL TEAMS LETTER CITY RECORDER POSITION. BALLOT BOX > LEAGUE OF `OREGON CITIES PRESS RELEASE REGARDING QWEST ADMINISTRATIVE ITEMS` a. Calendar Review -,October 14: City Han Day.7-00 pm at Town Haan • ' . OcCO6er i 60 Make a_ Difference Day_- 9 am to noon Ckcober 19• `Chy Caindl Workshop Mewing - 6:30 prn October 26, 'City ;Coundi Business Mkft - 6:30 pm Nornber 46. LOC Conference= Marriott Hotel downtown Portland .November 9i"City.Coundl Business hteetir~g ,6:30. pm h, ,i r t xs tiut c ~ y~ T W ( 7 sr } r M' ti'` i 3n. y ors +u "t.y;~_ 'V t m - x ax ■`25"5`7"c~ ;~"tr.GL"aK try, ME '~`'a' vt' u~a ~x~ a ~ r ti 4 I Afy~y-~,• } ! .i'~,S'}Fir Yt~r .;arks ~M ~f L ~ r } :T['yX 7e~ "l f~1~ t l Y'i lar t~ 4 _ .+y . u; f+..~y-r zev~~^,j,r ~ x`egxhdYe Session - e session In certain limited x S x ' ° The lie, Meetings Law authorlres go erring bodies; oa meet in,, ixec r s ~ I }Kx' °1 * r~~` ~M ~e eQltil~e<S Slonn is de9iZ12d as -any,meeting or part of a meetnng y Fi' (ORS19.660) ~11h -.:xh i'C {4 Ss~.~REt~ ts'ctosed:fo certain peh~ora for detiberatie,n on `certain matters.." A " b` ffqr. Executive Sessions z c m a , ROOM ` F r _ i 92.660 (2) (a) - Employment ofpubik:offtccrs, ~emploxees and agents. rw rerequls if the body has satisfied certain p hes. 192.660 (2) (b) Disclpiir}e of public otRcers and employees (unless affected person requests to f{rY, '~M 4 have an open hearing). ' '~T x tQ2.660 (2) (c) To consider matters pertaWng to medical staffof a public hospital. } , : 1 q2:660,(2); (d} labor iN'gotia~dom ',(News media can be ezduded to this instance.} }St2.660 (2) (e) - heal prcpertY va~adfon negotiations. 1y3. `f 92:660;(2) .(F? Exempt public records - to consider records that are "exempt by law from specifically Identified in the Oregon } F lh public irupecdon." 'these records are Revised: Statutes. 14Z-660 (2)'(g) Trade nellotn -Involving matters of trade or commerce In which the . body Is competing with other governing bodies. 192.660 (2) (h) Lgpl counsel for consultation with counsel concerning legal rights and duties r+ding current litigation or litigation likely to be ftled. . rega i 92.660 (2) (t) To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing: The standards, criteria and policy directives to be used In evaluating chief executive oftkers shall be adopted by the governing body. in meetings open to the public in which there has been an opportunity for public comment. 192,4b0 (2) (I) - Public invesunents - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding Proposed acquisition, exchange or liquidation of public Investments. 192.660 (2) (k) Relates to health professional regulatory board. 192:660 (2) (1)- Relates to State Landscape Architect Board. 1921660• (2) (m)- , Relates to the, review and approval of Programs relating to security. W 'Jill" E0 \#cra. f 7r u F x ~ h en t r~ r t 1 J1 S( r ~'Sa S*t'a w ;7 ate. Rua.., alt `iii11J s,u°.~ .>.P51,`!'~'V., -,?,k• •n, _ RAMIS CREW CORRIGAN & BACHRACH LLP ATTORNEYS AT LAW 1727 NW HOYT STREET PORTLAND, OREGON 97209 TELEPHONE (503) 222-4402 FAX (503) 243.2944 Timothy V. Ramis WWW.RCCB.COM shuonb(&rccb.com September 24, 2004 Tualatin Basin Natural Resources Coordinating Committee Brent Curtis, Planning Manager Washington County - Land Use and Transportation Re: Recommended Goal 5 Programs Dear Committee Members: We have been following the long and difficult work you and the steering committee have undertaken over the past few months, and wish at this time to offer these comments and suggestions. I represent land owners who have a strong interest in any new regulations that will affect the use of their land. We are concerned that in the desire to enhance environmental protection, our governments are punishing long term landowners who have been good stewards of their land, but who do not wish to give up future residential development rights. Let me start with an example of one of the properties. This 40-acre property is designated for residential development (R-10) by the county. In the latest version of the proposed ALP mapping, this land is predominantly in the moderately limit category. It is upland property, steep in places, no creeks or ponds. This is not riearian land. When the time for development comes, the owners are willing to design storm water runoff and erosion control to avoid significant impact on the drainage that flows down the hill We believe the county has regulations in place to assure adequate control. The land has been held for timber management over the years. The timber is a crop. The owners have been good stewards of the property. They also count on their property to have economic value, part of their estate. They would like to hold onto the right to manage the land as a timber crop, and harvest it when the time is right, when there is a need for the housing promised by the county's plan designation. They shouldn't be punished by these new regulations because they have not yet harvested the timber and planned for residential development allowed by the plan designation. Property in farm or forest use should not be subject to additional layer of regulations which conflict with the continued resource use of such property. We would lice to propose a softening of the regulations that recognizes the value of long Tualatin Basin Natural Resources Coordinating Committee September 24, 2004 Page 2 term ownership and good stewards of the resources. We endorse new ideas such as the Alterative Goal 5 proposal presented by Tigard council president Nick Wilson, suggesting incentives rather than increased regulation. We also join the Homebuilders Association and others in the concern about development capacity lost to a new layer of regulation. The ALP has the effect of punishing those who chose to wait to develop their land, and in the meantime, maintain the land in timber management until they too exercise their right to develop the land to serve the community's need for housing. Those who wait in effect have been mitigating for all the development that has taken place, development that was otherwise lacking in such mitigation. Regulation without incentives also has unintended consequences: a rush by land owners to utilize their land before the new regulations take effect. The committee is well aware of these issues, as shown in the issue papers we have received. For example, the paper on Issue #22 (Incentives and Compensation) and Chapter 6 (Non Regulatory Program Options) of the draft Program Report address incentives. The issue #22 paper focuses on land designated for resource uses, and does not consider the situation of forest or farm use on land designated for residential use. The statutory incentive programs outlined in the paper do not apply to residential land. Chapter 6 includes a voluntary management program called stewardship recognition as an option. This program falls short of the need for monetary compensation to replace development revenue lost to regulation. Looming in the background is Ballot Measure 37. If the measure is approved in the November election and upheld in court, the owner of private real property is entitled to receive just compensation when a land use regulation is enacted after the owner or a family member became the owner of the property if the regulation restricts the use of the property and reduces its fair market value. If a property owner proves that a land use regulation restricts the use of the owner's property, and reduces its value then the government responsible for the regulation will have a choice: pay the owner of the property an amount equal to the reduction in value or modify, change or not apply the regulation to the owner's property. A measure with similar intent was approved by voters in a recent election but overturned by the courts for reasons unrelated to the compensation aspects of the measure. It could pass again in a retooled format known as RAM13 CREW CORRIGAN & BACHRACH LLP ATTORNLY9 AT LAW Tualatin Basin Natural Resources Coordinating Committee September 24, 2004 Page 3 Measure 37. If the measure is approved, how will these regulations be applied? Housing is a necessary commodity and as the Metro area grows, more housing will be needed. Land zoned for residential use inside the UGB is part of the government's promise that we will all have land available for needed housing in the future. I understand from Issue Paper #2 (Response to Home Builders Association Testimorry) that the staff recommendation has been to continue the current working assumption that the proposed Tualatin Basin Goal 5 Program decision will not result in a long-term loss of housing or jobs capacity. Even if this assumption were true overall, I think there will be individual land owners such as my clients who will suffer monetary loss due to reduced or eliminated development potential of their property caused by the new regulations. I would like to suggest the following ideas for your consideration. • The effective dates of the Goal 5 limitations on the Tualatin Basin properties should be subsequent to the Urban Growth Boundary amendments necessary to balance the loss of developable housing land. Compensation for Lost Development Capacity on Individual Residential Property. Even if • the overall impacts of the Goal 5 regulations pencil out to maintain enough housing, the loss of development potential and income potential on the individual properties must be compensated. Exemption Should be Allowed for Farm and Forest Use. At the very least, productive • farms and forest tracts which are in timber management should be exempt from the proposed regulations. Under the ALP mapping, timber crops are limited for development as forest habitat, but farm crops are not limited. The mapping should treat managed timber crop areas the same as other types of crops. Owners Should be Entitled to Fee-in-lieu Stewardship Credit Based on Years of Resource Use. A credit towards the fee-in-lieu should be given to owners of productive farms and timber managed properties in residential zones based upon the number of years the property has been held in farm or forest use by the property owner. The owners of the land should receive credit for the years of good stewardship. Unless such property is RAMIS CREW CORRIGAN & BACHRACH LLP ATTORNEYS AT LAW Tualatin Basin Natural Resources Coordinating Committee September 24, 2004 Page 4 cxemptod from the proposed regulations, such owners would in effect be penalized for holding their property in farm or forest use. In the alternative, no fee-in-lieu required for land owned by the same family far more than tcn years, to distinguish the long term landowners from developers or investors. • One acre of mitigation credit for every year you've held the property. Thanks you for your consideration of these ideas at this late date in the process. Very truly yours, /signed/ Timothy V. Ramis TVR/gws RAMIE CREW CORRIGAN & BACHRACH LLP - ATTORNLY0 AT LAW • U&Uuc of Oregon Citict Hometown Voices: Wise Choices More than two-thirds of Oregon's citizens live in a city. It's where people choose to live, where their kids are educated, and where they participate in community activities. Cities are where Oregon does business. Employers choose to locate in cities because they need the kinds services cities provide. These essential services are indispensable-water, sewer, roads, police, so cal officials, residents and businesses and fire. They determine a community's communities alit of life. work together every day to hp their The best answers to complex local issues are "home grown", where people have the greatest opportunity to participate and provide input into decisions that impact their community. Citizens take pride in their city and its unique challenges, character and priorities. To meet the needs and expectations of Oregon's businesses and citizens, cities have identified the following priorities: Financial Stability: Constitutional property tax limits (Measures 5, 47 and 50) have limited the ability of cities to raise the funds necessary to provide the essential services that citizens and businesses expect and depend on. To benefit citizens and businesses we must preserve existing revenue options; cities must have the ability to make decisions locally that fit and manage then worl~o cenities. In addition, cities must be able to control costs an • Support cities' ability to make local decisions related to revenue and funding. o The ability to raise revenue at the local level allows cities to be proactive and solve problems with local involvement, and makes cities less dependent on the state. Maintain state shared revenue payments from liquor, cigarette, 9-1-1 and gas taxes. o These revenues are essential to providing services that residents and businesses expect. o These funds offset the local impact of alcohol and cigarette consumption, provide property tax relief, and represent longstanding, good faith promises by the state. • Oppose changes to interest arbitration and collective bargaining laws that would undermine the interest and welfare of the public and cities ability to fund important services. Water Rights: A recent court decision has thrown into jeopardy the ability of cities to maintain their water rights and provide Oregon citizens and businesses adequate water. Cities will pursue legislation to maintain the historic practice of long-term planning, efficient management, and conservation of municipal water supplies. • Support the Responsible Community Planning Act (2005 legislation sponsored by the League) o Oregon's 30+ year tradition of long-range planning works o Oregon's economy needs certainty in water planning o Municipal water suppliers and the Department of Water Resources have invested years of effort in long-term planning... municipal water rights and that planning is in jeopardy. Land Use: To benefit citizens and businesses, cities must have the ability to make land use planning decisions that fit their community. Additionally, cities support a clear, more efficient way to determine compliance with state requirements in development issues, including land use, waste water, transportation planning and employment sector economic development projects. • Support the ability of cities to make economic development decisions locally. • Support local authority in the balancing of the rights of property owners and residents. Telecommunication Franchise, Tag, Fee and Rights-of-Way Authority: For over 100 years cities have been responsible for managing the public rights of way on behalf of citizens. As land lords of public property, city officials are held accountable by taxpayers for management of these public assets and must retain the authority to collect adequate compensation for the use of public rights-of-way. Most Oregon cities have home rule power derived from the Oregon Constitution that authorizes other forms of taxation, including sales or use taxes and business privilege taxes. Some cities (Eugene) have or are considering using this authority to apply a broad based tax or fee on telecom industry gross revenue, including wireless. In the 2005 legislative session, cities expect challenges to our existing authority to collect telecommunications franchise fees and other revenue. Support city authority to collect franchise fees and other fees and taxes from the telecommunications industry. Recognize the responsibility of cities to manage public rights-of-way on behalf of their residents and the need for them to receive fair compensation for the use of those public investments. Franchise fees (on all utilities) are the second largest revenue source for cities. Eighth annual Take-A-Di{~erence Day r 16 9 a• m• to Noon Organization: Location: Activity: Parking: Information: Organization: Location: Activity: Parking: Information: Organization: Location: Activity: Parking: Information: )rganization: Location: Activity: Parking: Information: Organization: Location: Activity: Parking: Organization: Location: Activity: Parking: Fowler Middle School 10865 SW Walnut, work area is behind the school near Summer Creek Planting, installing protective caging around new plants, mulching, and removing blackberry School parking lot Bring gloves and wear protective clothing and shoes. Minors must have signed permission forms from parents..grguardians. Tga ral rDistrict 'Street at e 7lroad tracks s` rri Bring gli by an ad Bonita PaPIMii,l~►! Planting native h, ' on Milton Court µ Bring gloves and wear Prot from parents or guardians. City oFTigard Summerlake Park on Planting native . on Wmt Brin4 Aloe _ , out a Libra the g1i,acks ^9 k 1 ;{MAY r " Y Ar s . ot9 4d' E 5yir t~Y Sql t: be Accompanied Tyr { oli7~pdtx°,~rda5atld lssion for o ~'T+~,~!K~+' [F1`7 n~ _ P i ~1 f 7L+¢Mt iw"4', } 'I'D r, ~ r l1,','nf~r{t':~'_i `nor ~~'9,~'~.vY y . 1 1 illear e u1"•.-~,~'' y L, rte` i 1 p ,fiAa ~fo Creek ~.S#ktn'`n anfloe~P(!~1{not5u.l"~ave signed permission forms Scholls Fe{ k" ( a rt 'e clearin ells 9' if ce FT yet near o(f I ~r :`~i<i ~ o~,eJ-iFyou haven 5 t f L. eed to books offthe cari to besher oks are easy to Rd~d - in permission forms w:Shelve5' othey can be checked gat: ~ . 11340 SW Greenburg Rd Halloween is coming! Help make Halloween decorations and Jack-O-Lanterns For the center. Parking lot in Front of the center NOTE: SATURDAY, Oct. 23 the Tigard BreakFast Rotary Club could use help cleaning up the pioneer cemetery on the south side on Highway 99W. For more information about this project please contact Pam Brown at 503-598-7482. lfyou Would like to parEicipate, please sign up by completing and returning the attached form to: Susan Koepping, Volunteer Coordinator, City of Tigard, 503-639-4171 ext. 2402 or susank@ci.tigard•or.us .juestions?Contact Susan as above. P/ease take this opportunity to make a difference in the community. 4m/1 - J~Jj~ pq6rv~-~ - League of Oregon Cities Local Government Center 1201 Court St. NE, Suite 200 Salem, Oregon 973014194 P.O. Box 928 Salem, Oregon 973080928 (503) 5886550 or 1x00452-0338 Fax. (503) 399-4863 E-maiL• loc@otcitia.org Web: w w.ordtiu.otg September 20, 2004 TO: City Managers, Administrator: FROM: JoAnn Ghelfi, Conference Ma RECEIVED C.O.T. SEP 2 9 2004 Administration OMCERS PRESIDENT Phillip Houk Councilor, andlaan VICE-PRESIDENT Helen Berg mayor, cannuit TREASURER Mark Seltmann Mayor. Athena PAST PRESIDENT Rob Drake Mayor, Beaverton DIRECTORS Bob Austin Mayo, Estacada Dan Bartlett City Manage , Astoria Chuck Becker Mayo, Gmham Jim Bennett City Manage, Newberg Leroy Blodgett City Manage, Brookings Sal Esquivel Councikn, Med(md Jim Fairchild Mayor, Dallas Jim Francesconi Commissicne, Portland Gary Pap6 . Councilor, Eugene Jim Randall Cauncilm, Salem Alan Unger Mayo, Redmond EXECUTIVE DIRECTOR Ken L Strobeclk Enclosed are the voting delegate and eauipmlent exchange forms for the League's annual conference. These forms should be completed and returned to the League office by Friday. October 15. The equipment exchange provides you the opportunity to advertise for sale any surplus equipment, autos, etc. you may have, as well as to make known your interest in purchasing a specific item. Responses received will be displayed on a bulletin board near the League's registration desk during the conference. The voting delegate form, when returned to the League, tells us who will be voting for your city during the Annual Business Meeting on Saturday, November 6. Please note that delegates may not vote without a voting card, and voting cards will be issued only to the person listed on the voting delegate form. Voting by proxy will not be permitted. The voting cards will be available the afternoon of the 6th, just prior to the business meeting. Thanks! Enclosures JG/kls M.%LOC%L0CC0NF%200MEqui-VoUn Deleg%equlpxch deleg Itr fm4wpd To Strengthen Livable Communities League of Oregon Cities 79th ANNUAL CONFERENCE and BUSINESS MEETING November 4 - 6, 2004 - Portland Marriott Downtown Designation of Voting Delegate at Annual Business Meeting The annual business meeting will be held Saturday, November 6, at 3:45 p.m. Each city is entitled to cast one vote at the business meeting; however, all city officials are encouraged to attend. Use this form to indicate those persons who will represent your city as a voting delegate and alternate delegate. The voting delegate or alternate should pick up a voting card at the Conference Registration Desk on Saturday afternoon prior to entering the business meeting. NOTE Delegates may not vote without a voting card and voting cards will be issued only to a person indicated on this form Voting by proxy will not be permitted. FOR THE CITY OF VOTING DELEGATE Name Title ALTERNATE Name Title Submitted By (Signature) Name Title Telephone Number _Return by October 15 to: League of Oregon Cities P.O. Box 928 Salem, OR 97308 M.%0L%L0000NF%2004XEqubVo0n Oeleg%equlpxch deleg ltrfmLwpd League of Oregon Cities 7e ANNUAL CONFERENCE and BUSINESS MEETING November 4 - 6, 2004 - Portland Marriott Downtown Equipment Exchange 1. I would (i to advertise exchange display board at the League Conference~lus items on the equipment (include brief description and asking price): 2. We are interested in purchasing the following used equipment or vehicle(s): Submitted by Title City/Dept. Address _ City, zip FAX Phone E-Mail Please complete and return by October 15 to: League of Oregon Cities PO Box 928 Salem, OR 97308 . To: Tigard 5 From: 5033994863 League of Ore 10/12/04 06:34 PM 01/0 o* o c: FOR IMMEDIATE RELEASE: October 12, 2014 CONTACTS: Pam Beery (503) 226-7191 David Barenbeg (503)313-9118 or (503) 599-6550 Court to Qwest: Pay Oregon Cities for Use of Public Property SALEM - In a victory for Oregon's cities, the Ninth Circuit Court of Appeals decided in the case of oldest v. Partland today that cities may continue to receive a flair price for the use of city streets by Owest. "This decision represents a significant legal victory for cities in (,)regon," said Pamela J. Beery, legel counsel for eight Oregon cities that weir_ parties to the litigation. Although the court leas ordered the lower court. to make more detailed findings concerning some aspects of local ordinances to determine whether or not they co reply with requirements of federal law, the court hits left intact the right to impose revenue-based fees. The scope of the upcoming review by the lower court has also been narrowed significantly." ` "This dusisiun upholds a longstanding principle that private uses of city streets must. pay fair compensation for the privilege of using public property," said Salem (;ity Councilor .lira Randall, chair of the Lutguc of Oregon Cities' icle ommunieadions committee. "City managc mmt, of streets is viLzl because citizens nndbusinesses need cafe, reliable access to city streets to conduct commerco." Qwest Refused to Pay Qwcst instigated this litigation ulmost four years ago by refusing to pay franchi5c fees to the city of Portland and 90 other Oregon cities for the use of city streets. In response, the I .engue of orcgon Citics (LOC) coord natcd the succcssfiil intervention of eight other cities (Asl-da nd, Happy Valley, Keiur, North Plains, Pendleton, Redmond, Salem, and Springfield) into the lawsuit. The city of Eugene also independently intervened. In May of 2002, Portland and the intervening cities won at the United States District Court for the District of Oregon. Qwest was ordered by Magistrate Judge John Jelderks to honor its contracts with the cities and pay for its use of public property. Qwest then appealed to the ninth circuit. The intervening cities all had signed contracts with Qwest and represented a broad cross-section of small and medium-sized communities from across the state. "The cooperation of all cities in Oregon through the efforts of the League of Oregon Cities helped present a clear and unified picture to the court," noted Mayor Eugene L. Grant of Happy Valley. "The result is gratifying - and proof-positive of the ability of Oregon's local governments to mobilize in defense of the interests of their citizens." More than Money at Stake At stake in this litigation was not only fair compensation for the private corporate use of public property, but also the cities' duty to safely manage traffic flow and protect the right of way. These areas can become crowded with utility infrastructure such as gas and sewer lines and telecommunications cable. The ninth circuit decision means there will be further findings prepared by the lower court concerning limited aspects of each of the city ordinances. "It is disappointing to see the courts subject cities to additional legal expense to justify our requirements to protect the interests of our citizens in safe and efficient streets," Springfield Mayor Sid Leiken said. "We are charged with the duty of keeping that property in safe, working order," added Keizer City Manager Chris Eppley. Decision Leaves Issues Unresolved "The decision of the ninth circuit leaves Oregon cities uncertain about the future," said LOC Executive Director Ken Strobeck. "While it says that Qwest must pay for its use of public property, it leaves uncertainty about whether locally-elected city leaders are empowered to establish safety regulations regarding the public right of way. We will review with our attorneys whether the cities should seek further court review of some of those legal questions." About the League of Oregon Cities Founded in 1925, the League of Oregon Cities (LOC) is a voluntary association representing 239 Oregon cities. LOC provides legislative advocacy, policy setting, intergovernmental relations, research, conferences, training, technical assistance and publications. For more information: www.orcities.ort, Background on Qwest v. Portland Lawsuit Franchise fees are charges paid to the City for the private use of the public right of way. The public right of way includes streets, roads, highways, alleys and sidewalks. Citizens make ordinary use of it by walking or driving on it. Others entities access above, on, or below the public right of way for extraordinary uses, such as placement of utility lines. The public right of way is a major asset which cities hold in trust for the benefit of its citizens. It alows efficient movement of goods and people. Such movement supports commerce, emergency services and city vitality. The public right of way represents a substantial investment of public funds to obtain, construct and maintain it. Cities have a responsibility to manage and coordinate use of the public right of way, and to ensure that citizens receive adequate compensation (franchise fees) for its use. Franchise fees represent the second largest source of general fund revenue for cities. Qwevt Challenges City Franchive Fee Authority On June 29, 2001, Qwest filed a lawsuit against the City of Portland alleging that Qwest could not be required to pay compensation to the City for use of its right-of-way. Qwest's lawsuit relied upon the ruling of the Ninth Circuit in City ol'Auburn (Washington) v. Q++ect. After fling the lawsuit, Qwest continued to collect the fees from customers but withheld payments from all Oregon cities. The City of Portland disagreed with the conclusions that Qwcst drew from the Auburn decision. The statutory authority and historical circumstances surrounding Qwest's usage of streets within Oregon cities differ from those considered by the Ninth Circuit in the Washington case. In addition, Portland disagreed that the federal Telecommunications Act of 1996 supported Qwest's allegations. The Telecommunications Act preempts state or local "prohibitions" upon the offering of telecommunications services. Even if a "prohibition" is found to exist, the federal law recognizes that cities should be allowed to manage the right of way and collect compensation for use of the right of way. Intervention Granted. Cities Join Forces to Meet Qwest s Challenge Nine Oregon cities responded to Qwest's lawsuit by seeking the court's permission to intervene in the Qwest v Portland lawsuit. In October, 2001, the district court granted permission to Ashland, Eugene, Happy Valley, Keizer, North Plains, Pendleton, Redmond, Salem and Springfield to intervene. The cities participation was supported by the League of Oregon Cities. Trial Court Rules in Favor of Citiev in Qwevt Cave On Friday, March 1", 2002, the Oregon district court issued a riling from the bench in favor of the Oregon cities, stating that "Under the facts of this case, Federal law does not preempt the revenue based fees charged by cities for the use of the right of way." The court went on to comment that recognize " the significant importance" of franchise fee revenues to Oregon cities in their budget process." "The Judge's decision today has removed the last shred of doubt regarding Qwest's legal and moral obligation to promptly pay the street use fees that Qwest has improperly withheld," stated Portland Mayor Vera Katz at a news conference she hosted at Portland City Hall. "The City of Portland, and the citizens of Oregon, join with us in demanding that Qwest now live up to its previously-stated commitment to pay these fees once the Judge has rule d." The Oregon district court issued a written opinion in April of 2002. The ruling strongly affirmed cities' right to collect revenue-based fees for the use of the public right of way and also affirms cities' right to manage the public right of way. The written opinion concluded, as a matter of law. that "Qwest's failure to pay the fees breached its franchise agreements with cities." Qwact Pays Cities, Files Appeal to the Ninth Circuit On May 13, 2002 Qwest filed an appeal with the Ninth Circuit seeking to overturn the district court's decision.. The appeal was filed a few days after Qwest paid the Oregon cities the franchise fees it had withheld during the litigation. These payments have continued while the appeal was pending, under the terms of a negotiated stipulation by attorneys representing the various parties. The Ninth Circuit heard oral argument in this case on November 3, 2003. AGENDA ITEM NO. - VISITOR'S AGENDA DATE : October 12, 2004 w The visitor's Agenda gives citizens the opportunity to address the Tigard City Council on any topic or issue. set Testimony is limited to 2 minutes or less. w 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 am)-lu~Z b 4 2 1 I/ ,7, /S 'f ZZ VISITOR'S AGENDA Page 1 Tigard High Leadership 9000 SW Durham Road • Tigard - Oregon - 97224 (503) 431-5518 • FAX (503) 431-5410 • http://ths.ttsd.kl2.or.us/leadership/home.html October le 2004 V Council Student Report: :ademics: Half way through the Quarter th Academic Awards for Letters October 27 7pm Parent Teacher Conferences October 14' and 15`s ~tivi ies: Seniors Fundraiser for Unicef NHS hosts 2004 Blood Drive Oct. 28~' Link Krew hosting Halloween Mixer Halloween BOOths October 30`" Commons and Gym November I"- 10th CAN FOOD DRIVE! ►thletics: Varsity Football is 1g' in Pac 9 league Girls Volleyball, Boys and Girls soccer and water polo All competing for places in the playoffs. Cross Country girls tied for 1s` vs. Canby Cross Country boys tied for 2!' vs. Tualatin Winter sports start Novcmbcr 8' Hosting Soccer Championships again, November 20's Arts: lace in their division. Marching Band back this year. Won 1 p Theatre department putting on Piece of my Heart for fall play Improv- A- Java on October 22nd Entered into the Record on 101/2 By: M Agenda Item# Exhibit October 4, 2004 CITY OF TIGARD John Frewing OREGON 7110 SW Lola Lane Tigard, OR 97223 RE: SEPTEMBER 28, 2004 COUNCIL MEETING The purpose of this letter is to respond to the questions you raised at the September 28, 2004 Council meeting and followed by an e-mail the next day. Tigard and Washington County have an intergovernmental agreement (IGA) that was originally signed in 1986 and subsequently amended. The new IGA, which is attached, states (ll, B.2) that both jurisdictions will be provided with the opportunity to comment on development proposals. Whichever jurisdiction receives notice may provide comments and the lead jurisdiction will give consideration to those comments. Washington County did adopt the Washington Square Regional Center Plan. Oleson Woods, located southeast of Oleson Road, is located within the boundaries of the Regional Center Plan. In June 2004, the City of Tigard provided written comments to Washington County on this project (attached). County staff, and ultimately their hearings officer, weighed all the testimony and decided not to require a pedestrian path through the property. Please contact Genny Stone at Washington County Land Use and Transportation for further details on what was ultimately decided. Her phone number is 503-846-8761. The other project you mentioned was on the north side of Cedarcrest at about SW 82nd Ave. The application for this project has not formally been submitted to Washington County. You provided staff with a copy of the neighborhood meeting notice which is scheduled for October 21, 2004. Once the application is formally submitted, the City will review the proposal and determine how to be involved. It is important to recognize that the IGA is a coordination agreement that spells out the roles and responsibilities with regard to land use occurring in specific areas of mutual interest. Ultimately, the County is responsible for assuring compliance of development to their Comprehensive Plan and Development Code. Sincerely, I / JAMES N.P. HENDRYX Director of Community Development Enclosures c: City Council Genny Stone lcdadmI rreeyim\general\Frewing letter 104-04.doc Entered :innttoo the Record on, a 1-011 By: /0// 1r4, V 0,,th V4 Agenda Item#,,? Exhibit 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 June 9, 2004 OREGON Genny Stone Washington County Land Development Services 155 N. First Avenue, MS 13 Hillsboro, OR 97124 Dear Ms. Stone: city regarding a proect in A resident of Tigard commented t soneWoods.f THe rspec f carry asked, about Washington County known as Ole controlling surface water run-off and and pathway through therpgoperty.Quare Regional Center Plan shows a gr Y the is our understanding that Clean Wafter Services requirements spec rough It standards for surface water in that area. If there is legal authority and e proportionality tests can be made, please have the hearings officer consider providing for the greenway and path. An option would be provision of an ble, easement for the path in the future. I that would make future purchasesland consider the layout of improvements construction of the trail through the development possible. Sincerely, James N.P. Hendryx Director of Community Development 1.Xcurp1n\dicMetters\genny stone letter.doc c: 2004 Planning correspondence file 13125 SW Hall Blvd., Tigard- OR 97223 (503) 639-4171 TDD (503) 684-2772 Washington County - Tigard Urban Planning Area Agreement THIS AGREEMENT is entered into by WASHINGTON COUNTY, a political subdivision in the State of Oregon, hereinafter referred to as the he OiUNftTeY refer the to I YeOF TIGARD, an incorporated municipality of the State of Oregon, hmay enter into e agreements greements officers for WHEREAS, ORS 190.010 provides that units of local lgovernment the performance of any or all functions and activities ta p Y o agents, have authority to perform; and planning) WHEREAS, Statewide Planning Goal #2 (Land Use requires that City, County, State and Federal agency and special district plans and actions regional plans adopted u der ORS Chapter comprehensive plans of the cities and co 197; and of compliance liance to Development submit an Commission agreement requires setting each forth the WHEREAS, the Oregon Land Conservation jurisdiction requesting acknowledgment means by which comprehensive planning coordination within the Regional Urban Growth Boundary will be implemented; and WHEREAS, the CITY and COUNTY have entered into cooperative agreements with special service districts for fire and life safety; water; parks, recreation and open space; sanitary sewer; and surface water services, consistent with ORS 195.020; and WHEREAS, the CITY and COUNTY have entered into the Tigard Urban Service Agreement with Clean Water Services, Tigard Water District, riMeualatin Hills stPatr andiRecr with District, Tualatin Valley Fire and Rescue and Tualatin Valley Water ORS 195.060 to 085; and REAS, the COUNTY and the CITY, to ensure coordinated and consistent comprehensive WHE plans, consider it mutually advantageous to establish: Regional owt 1. A site-specific Urban Planning Area within Tthe Y maintain an rban Grt nh Boundary within which both the COUNTY and comprehensive planning; 2. A process for coordinating comprehensive planning and development in the Urban Planning Area; Policies regarding comprehensive planning and development in the Urban 3. planning area; and r Washington County - City of Tigard berUPAA Octo 2003 Page 2 4. A process to amend the Urban Planning Agreement. NOW THEREFORE, THE COUNTY AND THE CITY AGREE AS FOLLOWS: I, Location of the Urban Planning Area The Urban Planning Area mutually defined by the COUNTY and the CITY is the Tigard Urban Service Area and includes the area designated on Exhibit "A" to this agreement. II. Coordination of Com rehensive Planning and Development A. Amendments to or Adoption of a Comprehensive Plan or Implementing Regulation Definitions ens use map and Comprehensive Plan means a generalized, coordinated land policy statement of the governing body a local governm that interrelates all functional and natural systems and activities relating to the use of lands, including, but not limited to, sewer and water systems, transportation systems, educational facilities, recreational facilities, and natural resources and air and water quality management programs. "Comprehensive Plan" amendments do not include small tract comprehensive plan map changes. jpl entin L Regulation means local 9?. X44 en z nin orrd nancce, land division ordinance adopted and ORS or 9246 milar general ordinance establishing standards for implementing a comprehensive plan. "Implementing regulation" does not include small tract zoning map amendments, conditional use permits, individual subdivision, partition or planned unit development approval or denials, annexations, variances, building permits and similar administrative-type decisions. 2. The COUNTY shall provide the CITY with the appropriate opportunity to participate, review and comment on proposed amendments to or adoption of the COUNTY comprehensive plan or implementing regulations. The CITY shall provide the COUNTY with the appropriate opportunity to participate, review and comment on proposed amendments to or adoption of the CITY comprehensive plan or implementing regulations. The following procedures shall be followed by the COUNTY and the CITY to notify and involve one another in the process to amend or adopt a comprehensive plan or implementing regulation: a, The CITY or the COUNTY, whichever has jurisdiction over the proposal, hereinafter the originating agency, shall notify the other Washington County - City of Tigard UPAA October 2003 Page 3 agency, hereinafter the responding agency, of the proposed action at the time such planning efforts are initiated, but in no case less that 45 days prior to the final hearing on adoption. The specific method and level of involvement shall be fmalized by "Memorandums or Understanding" negotiated and signed by the planning directors of the CITY and the COUNTY. The "Memorandums of Understanding" shall clearly outline the process by which the responding agency shall participate in the adoption process. If, at the time of being notified of a proposed action, the responding agency determines it does not need to participate in the adoption process, it may waive the requirement to negotiate and sign a "Memorandum of Understanding". b. The originating agency shall transmit draft recommendations on any proposed actions to the responding agency for its review and comment before finalizing. Unless otherwise agreed to in a "Memorandum of Understanding", the responding agency shall have ten (10) days after receipt of a draft to submit comments orally or in writing. Lack of response shall be considered "no objection" to the draft. C. The originating agency shall respond to the comments made by the responding agency either by a) revising the final recommendations, or b) by letter to the responding agency explaining why the comments cannot be addressed in the final draft. d. Comments from the responding agency shall be given consideration as part of the public record on the proposed action. If after such consideration, the originating agency acts contrary to the position of the responding agency, the responding agency may seek appeal of the action through the appropriate appeals body and procedures. e. Upon final adoption of the proposed action by the originating agency, it shall transmit the adopting ordinance to the responding agency as soon as publicly available, or if not adopted by ordinance, whatever other written documentation is available to properly inform the responding agency of the final actions taken. B. Development Actions Requiring Individual Notice to Property Owners 1. Definition Development Action Requiring Notice means an action by a local government which requires notifying by mail the owners of property which could potentially be affected (usually specified as a distance Washington County - City of Tigard UPAA October 2003 Page 4 measured in feet) by a proposed development action which directly affects and is applied to a specific parcel or parcels. Such development actions may include, but not be limited to, small tract zoning or comprehensive plan amendments, conditional or special use permits, individual subdivisions, partitionings or planned unit developments, variances, and other similar actions requiring a hearings process which is quasi-judicial in nature. 2. The COUNTY will provide the CITY with the opportunity to review and comment on proposed development actions requiring notice within the designated Urban Planning Area. The CITY will provide the COUNTY with the opportunity to review and comment on proposed development actions requiring notice within the CITY limits that may have an affect on unincorporated portions of the designated Urban Planning Area. 3. The following procedures shall be followed by the COUNTY and the CITY to notify one another of proposed development actions: a. The CITY or the COUNTY, whichever has jurisdiction over the proposal, hereinafter the originating agency, shall send by first class mail a copy of the public hearing notice which identifies the proposed development action to the other agency, hereinafter the responding agency, at the earliest opportunity, but no less than ten (10) days prior to the date of the scheduled public hearing. The failure of the responding agency to receive a notice shall not invalidate an action if a good faith attempt was made by the originating agency to notify the responding agency. b. The agency receiving the notice may respond at its discretion. Comments may be submitted in written form or an oral response may be made at the public hearing. Lack of written or oral response shall be considered "no objection" to the proposal. C. If received in a timely manner, the originating agency shall include or attach the comments to the written staff report and respond to any concerns addressed by the responding agency in such report or orally at the hearing. d. Comments from the responding agency shall be given consideration as a part of the public record on the proposed action. If, after such consideration, the originating agency, the responding agency may seek appeal of the action through the appropriate appeals body and procedures. Washington County - City of Tigard UPAA October 2003 Page 5 C. Additional Coordination Requirements one The CITY and the COLJNTYshall the community, but are not subject of proposed actions which May affect to the notification and participation requirements contained in subsections A and B above. a. The CITY or the COUNTY, whichever has jurisdiction over the proposed actions, hereinafter the originating agency, shall send by e1 gri da twhe ch contain first class mail a copy of all public hearings the proposed actions to the other agency, but no less than responding agency, at the earliest opportunity, three (3) days prior to the date of the scheduled public hear hall not The failure of the responding agency to receive an agenda invalidate an action if a good faith attempt was made by the originating agency to notify the responding agency. b. The agency receiving the public hearing agenda may respond at its discretion. Comments maybe submitted in written of written ooral response may be made at the public hearing. Lack oral response shall be considered "no objection" to the proposal. C. Comments from the responding agency shall be given consideration as a part of the public record on the proposed action. If, after such consideration, the originating agency acts may the position of the responding agency, the responding agency seek appeal of the action through the appropriate appeals body and procedures. Com rehensive Planning and Develo ment policies A. Active Planning Area 1 Definition the inorporated area and us to the incorporated area for which the Active Planning Area means unincorporated areas contig iv and seeks to regulate CITY conducts comprehensive planning development activities to the greatest extent possible. The CITY Active planning Area is designated as Area A on Exhibit "A". 2. The CITY shall be responsible for comprehensive planning within the Active Planning Area.. Washington County - City of Tigard UPAA October 2003 Page 6 3. The CITY is responsible for the preparation, adoption and amendment of the public facility plan, required by OAR 660-11 within the Active Planning Area. 4. The COUNTY shall not approve land divisions within the Active Planning Area which would create lots less than 10 acres in size, unless public sewer and water service are available to the property. The COUNTY shall not approve a development in the Active Planning Area if the proposal would not provide for, nor be conditioned to'provide for, an enforceable plan for, redevelopment to urban densities consistent with CITY's Comprehensive Plan in the future upon annexation to the CITY as indicated by the CITY Comprehensive Plan. 6. Approval of the development actions in the Active Planning Area shall be content upon provision of adequate urban services including sewer, water, storm drainage, streets, and police and fire protection. 7. The COUNTY shall not oppose annexation to the CITY within the CITY's Active Planning Area. B. Area of Interest 1. Definition Area of Interest or Primary Area of Interest means unincorporated lands contiguous to the Active Planning Area in which the CITY does not conduct comprehensive planning but in which the CITY does maintain an interest in comprehensive planning and development actions by the COUNTY because of potential impacts on the CITY Active Planning Area. The CITY Area of Interest within the Urban Planning Area is designated as Area B on Exhibit "A". 2. The COUNTY shall be responsible for comprehensive planning and development actions within the Area of Interest. The COUNTY has entered into an intergovernmental agreement with the CITY for the CITY to provide land development services on behalf of the COUNTY within the Area of Interest. Through this intergovernmental agreement the CITY also provides building services and specific road services to the area on behalf of the COUNTY. 3. The COUNTY is responsible for the preparation, adoption and amendment of the public facility plan required by OAR 660-11 within the Area of Interest. Washington County - City of Tigard UPAA October 2003 Page 7 C. Annexations 1. The COUNTY and CITY recognize the CITY as the ultimate service provider of the urban services specified in the Tigard Urban Service Agreement. The COUNTY also recognizes the CITY as the ultimate local governance provider to all of the territory in the Tigard Urban Service Area, including unincorporated properties. So that all properties within the Tigard Urban Service Area will be served by the CITY, the COUNTY and CITY will be supportive of annexations to the CITY. 2. The CITY and COUNTY desire to transfer COUNTY services to the CITY in an orderly and efficient manner upon annexation so that service provision to residents and businesses will not be interrupted or diminished. 3. In order to provide for the orderly transfer of COUNTY services to the CITY, the CITY and COUNTY recognize annexation plans as the most appropriate method to annex properties to the CITY. Annexations to the CITY, however, shall not be limited to an annexation plan and the CITY and COUNTY recognize the rights of the CITY and property owners to annex properties using the other provisions provided by the Oregon Revised Statutes. All annexations shall be consistent with the provisions of the Tigard Urban Service Agreement. 4. So that there will be an orderly transfer of COUNTY services to the CITY as a result of annexations, the CITY and COUNTY shall enter into an inter-governmental agreement which specifies how the two will comply with the requirements of Section I. G. of the Tigard Urban Scrvice Agreement no later than February 2, 2004. 5. The CITY agrees in principle to a plebiscite or other representative means for annexation in the Metzger/Progress Community Planning Area within the CITY Area of Interest. Not contrary to the foregoing, the CITY reserves all of its rights to annex and acknowledges the rights of individual property owners to annex to the CITY pursuant to Oregon Revised Statutes. 6. Upon annexation of land within the Area of Interest to the CITY, the CITY agrees to convert COUNTY plan designations to CITY plan designations which most closely approximate the density, use provisions and standards of COUNTY designations. Furthermore, the CITY agrees to maintain this designation for one year after the effective date of annexation unless both the CITY and the COUNTY Planning Directors agree at the time of annexation that the COUNTY designation is outdated and an amendment may be initiated before the one year period is over. Washington County - City of Tigard UPAA October 2003 Page 8 D. Special Policies 1. The CITY and the COUNTY shall provide information of comprehensive planning and development actions to the Community Planning Organizations (CPO) through the notice procedures outlined in Section III of this Agreement. 2. At least one copy of any COUNTY ordinance which proposes to (1) amend the COUNTY comprehensive plan, (2) adopt a new plan, or (3) amend the text of the COUNTY development code shall be mailed to the CITY within five (5) days after its introduction. 3. At least one copy of any COUNTY ordinance which proposes to rezone land within one (1) mile of the corporate limits of the CITY shall be mailed to the CITY within five (5) days after its introduction. 4, The City of Tigard, City of Beaverton and Washington County have agreed to the following stipulations regarding the connection of Murray Boulevard from Old Scholls Ferry Road to the intersection of SW 121x` Avenue and Gaarde Street: a. The City of Tigard, City of Beaverton and Washington County agree to amend their respective comprehensive plans to reflect the following functional classification and design considerations: 1. Designation: Collector 2; Number of Travel Lanes: 2 (plus turn lanes at major intersections) 3, Bike Lanes: Yes 4, Right-of-Way: 60 feet (plus slope easements where necessary) 5. Pavement Width: 40 foot minimum 6. Access: Limited 7. Design Speed: 35 M.P.H. 8, Minimum Turning Radius: 350 to 500 feet 9, Parking Facilities: None provided on street Washington County - City of Tigard UPAA October 2003 Page 9 10. Upon verification of need by traffic analysis, the connection may be planned to eventually accommodate additional lanes at the Murray/Old Scholls Ferry and Murray/New Scholls Ferry intersections. 11. The intersection of the SW 135`h Avenue and Murray Boulevard connection will be designed with Murray Boulevard as a through street with 135`h Avenue terminating at the Murray connection with a "T" intersection. 12. The general alignment of the Murray Boulevard connection is illustrated in Exhibit "B". b. Any changes to the land use designations in the Murray Boulevard connection area shall be coordinated with all jurisdictions to assure that traffic impacts are adequately analyzed. C. The City of Tigard, City of Beaverton and Washington County shall support improvements to the regional transportation system as outlined in the adopted Regional Transportation Plan (RTP). 5. The COUNTY and the CITY will execute a Memorandum of Understanding outlining the methodology for transferring COUNTY records regarding land use activities to the CITY when property is annexed to the CITY. IV. prnendments to the Urban Planrun Area A Bement A. The following procedures shall be followed by the the Urban Planning Area Boundary amend the language of this agreement or 1, The CITY or COUNTY, shall submit a amendment to the responding agency. formal rquest for v 2. The formal request shall contain the following: a. A statement describing the amendment. b. A statement of findings indicating why the proposed amendment is necessary. C. If the request is to amend the planning area boundary, a map which clearly indicates the proposed change and surrounding area. Washington County - City of Tigard UPAA October 2003 Page 10 3. Upon receipt of a request for amendment from the originating agency, the responding agency shall schedule a review of the request before the appropriate reviewing body, with said review to be held within 45 days of the date the request is received. 4. The CITY and COUNTY shall make good faith efforts to resolve requests to amend this agreement. Upon completion of the review, the reviewing body may approve the request, deny the request, or make a determination that the proposed amendment warrants additional review. If it is determined that additional review is necessary, the following procedures shall be followed by the CITY and COUNTY: a. If inconsistencies noted by both parties cannot be resolved in the review process as outlined in Section IV (3), the CITY and the COUNTY may agree to initiate a joint study. Such a study shall commence within 90 days of the date it is determined that a proposed amendment creates an inconsistency, and shall be completed within 90 days of said date. Methodologies and procedures regulating the conduct of the joint study shall be mutually agreed upon by the CITY and the County prior to commencing the study. b. Upon completion of the joint study, the study and the recommendations draw from it shall be included within the record of the review. The agency considering the proposed amendment shall give careful consideration to the study prior to making a final decision. B. The parties will jointly review this Agreement every two (2) years to evaluate the effectiveness of the processes set forth herein and to make any amendments. The review process shall commence two (2) years from the date of execution and shall be completed within 60 days. Both parties shall make a good faith effort to resolve inconsistencies that may have developed since the previous review. If, after completion of the 60-day review period inconsistencies still remain, either party may terminate this Agreement. County cities, C. The COUNTY and CITY, in conjunction with other r Washington ea agreements so shall begin in 2004 to update all county - city urban planning they address planning issues and initiatives that have occurred since 1988. and the V. This Agreement shall become effective upon full execution by the C U Urban Planning CITY and shall then repeal and replace the Washington County - Tigard Area Agreement dated October 25, 1988. The effective date of this agreement shall be the last date of signature on the signature pages. Washington County - City of Tigard UPAA October 2003 Page I1 IN WITNESS WHEREOF the parties have executed this Urban Planning Area Agreement on the date set opposite their signatures. CITY OF TI By - Date: ~ Mayor Approved as to Form: By City Attorney Washington County - City of Tigard UPAA October 2003 Page 12 WASHINGTON COUNTY By xvll~ Date: 7-le-D y Chair, Board of County Commissioners Approved as to Form: By: W`, % ounty Counsel Date: -7 - e-O By Recording ' ecretary Washington County - City of Tigard UPAA October 2003 Page 13 r lJ■U Washington County - City of Tigard UPAA October 2003 Page 14 MEMORANDUM Administration CITY OF TIdARD Shaping A Better Community TO: Honorable Mayor and City Council Agenda Item No. Q Meeting of FROM: Joanne Bengtson DATE: October 5, 2004 SUBJECT: Three-Month Council Calendar Regularly schedule council meetings are marked with an asterisk October 12* Tuesday Council Business Meeting - 6:30 pm, Town Hall 19* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 26* Tuesday Council Business Meeting - 6:30 pm, Town Hall November 4-6 Thursday League of Oregon Cities Conference - Marriott Hotel, Downtown -Saturday Portland 9* Tuesday Council Business Meeting - 6:30 pm, Town Hall 11 Thursday Veteran's Day - City Hall Closed 16* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 23* Tuesday Council Business Meeting - 6:30 pm, Town Hall 25 Thursday Thanksgiving - City Hall Closed 26 Friday Day after Thanksgiving observed - City Hall Closed 29- Dec 4 National League of Cities Conference - Indianapolis, Indiana December 14* Tuesday Council Business Meeting - 6:30 pm, Town Hall 21 * Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 24 Friday Christmas Eve - City Hall Closed to observe Christmas Day 3-Month Council Calendar - October to December 1 December (continued) 28* Tuesday Council Business Meeting - 6:30 pm, Town Hall 31 Friday New Year's Eve - City Hall Closed to observe New Year's Day L%s& ly courKlA7+roMh "Ida word ropw."V29/04 3-Month Council Calendar - October to December 2 Agenda Item No. D t I r~ - Meeting of po a o~o a) (n N N N N N- N N`~ E C= 22.0 CD (D .O •y O O O O y y . 0 7 J- U U U tU O C, Z M U O 900 ' N U) U C O C O C c j ) O N y Q M H U) N M 7 _ CC c S E cc 8 E h 7r N C Lo 'o 0 9 c E U) C CO 0 m C ~d+> a) C O W O ~ ° c C O U) d M Q F O ~ g a c= a ~ C 0.1 a E O ~ c $ 0 ~i o c~p m 2 U Si' d pip C u O mcnw►-Q N N O N O a Q a N N N N N > N C2 4) ~ c 2 o d o a ~ c E 0! i 2 a i a i rn omo ooov) }z O CO = fin. a H E E € c v c ; vii co U aci cn a~ c N( a 0 C iri O pC E 1 v CL ` C U O ,O L N E m @) « 6 A? fa V O. 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O c C CD f C, E d v o N O O Cl O N C • 'n r ' N N N - N M a) C f- CD Cl) a - - - - N o p= a 0 0 0 M E E ' ) = E E E E E .6e = o m m a) 0 8 co •p > o U 0 U o m a Z Z Z 4 cu (D 0 m a a) U) C N E Ud a) o v Q a) C A N c m a) c '8 4) 0) r- E E w ® T C (gyp U Q H c ~ m E M p a) cn c L co- c E E c j my r :3 T R C N C) C .LC N c0 v c C Q cu c H U C 7 O U U co 0) P It C) N l1 0 r- AGENDA ITEM # 3 3 FOR AGENDA OF 10/12104 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Commum lieveio mum D1V%,r, %-i.a.=` _ - - PREPARED BY: Duane Roberts DEPT HEAD OK Y MGR OK ISSUE BEFORE THE CO CIL Should Council approve a resolution endorsing the submittal of four Community Development Block Grant project applications? STAFF RECOMMENDATION Adopt the attached resolution authorizing submittal of the applications. INFORMATION SUMMARY The Community Development Block Grant (CDBG) Program is a federal program that annually provides more than two million dollars to Washington County to fund activities that benefit low and moderate income persons. The County distributes the money to local jurisdictions and nonprofit agencies based on project applications submitted by sponsors. Beginning this year, the County is transitioning from a multi-year to an annual intake period. It currently is accepting project proposals for the 05/06 funding year. The application deadline is 10/15/04. Some months ago, staff asked citizens and other staff to identify local needs that could be met through this program. Among the various needs submitted, four have been determined to be both CDBG eligible and ready-to-go in terms of 2005 implementation. The four include sidewalk improvements along Hall Boulevard, Center Street, Frewing Street, and Garrett Street. These projects will alleviate the shared problem of unsafe pedestrian conditions through the installation of sidewalks and associated improvements along the four streets in question. They will provide safe, secure, and convenient pedestrian routes to services, shopping opportunities, and TriMet and school bus stops. The sidewalk in-fills also will help retain neighborhood character and livability. TriMet has agreed to provide a letter signed by the Director in support of the City projects. The school district has been asked to provide a similar letter. Maps showing the locations of the proposed projects are attached. Any City projects not selected for 05/06 funding will be resubmitted next year along with any other "shovel- ready" projects that meet eligible needs. City Finance Department review of the four projects for financial, budgetary, and purchasing requirements took place in September. Copies of the draft proposals are available in the City Recorder's office. OTHER ALTERNATIVES CONSIDERED Do not submit one or more proposals. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The sidewalk projects are consistent with Transportation and Traffic Goal #3, Strategy 3, "Encourage development of alternative modes" and the action plan "Focus efforts on improvements to provide connectivity for pedestrian and bicycle travel." ATTACHMENT LIST Attachment #1 and Exhibits Al-4: Resolution supporting applications for four CDBG projects and maps of sidewalk in-fill projects. FISCAL NOTES The amount of the grant funds requested for each project is provided below. City cash and in-kind contributions are proposed for each. The local in-kind contribution would be in the form of administrative overhead and design and construction management services. The cash contributions would come from the 05/06 City Gas Tax and Storm Drainage Funds. Project Grant Dollars City Cash City In-Kind Hall Blvd. II $100,000 $ 25,400 $20,750 Center St. 106,000 40,400 21,650 Frewing St. 282,000 49,400 47,300 Garrett St. 158,000 32,300 26,550 Approval of the resolution does not financially obligate the City. Actual appropriation of funds and acceptance of a grant would require separate budget committee action. i/cdadm/jerree/agenda sum/10-12-04 CDBG Proposals AIS.doc City Council Document Transmittal CITY OF TIGARD / OREGON To: J From: C j/~ e Date: -411 2 ..r r.,.......,. - - - - Number Copies Included: / our document(s) have been signed by the Mayor ❑ Your document(s) have been signed by the City Manager .0 Your document(s) requires an additional signature(s) ❑ When all signatures have been obtained, file an original document with City of Tigard Records 0 Additional instructions: I:MKCr Y COUNCILICITY COUNCIL DOCUMENT TRANSMITTAL.DOC I'm sending you: Document Type: ❑ IGA 0 Contract .Other AGENDA ITEM # 3 y FOR AGENDA OF October 12, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution a rovin Budget Amendment #2 to the FY 2004-05 Budget to accept and expend US Department of Justice rant funds for the "DARE to be GREAT" summer camps. PREPARED BY: Michelle Wareing DEPT HEAD OK -d- CITY MGR OK ISSUE BEFORE THE COUNCIL. Should the Council amend the FY 2004-05 Budget to accept a grant of $23,467 from the US Department of Justice? STAFF RECOMMENDATION Approve Budget Amendment #2. INFORMATION SUMMARY The US Department of Justice has made grant funds available to provide camps to area at-risk youth. The City of Tigard has applied for a grant under this program, and on September 9, 2004 was awarded a grant of $23,467. Grant funds will be used to operate the "DARE to be GREAT" Summer Camps. The four, one week camps provide anti-drug, and anti-gang educational experiences to area at-risk youth. OTHER ALTERNATIVES CONSIDERED Do not approve Budget Amendment #2, thereby declining the grant. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Resolution including Attachment A FISCAL NOTES This budget amendment will increase grant revenues in the General Fund by $23,467 and it will increase Contingency by the same amount. The Police Support Services Division budget already includes the expenditures for "DARE to be GREAT" summer camps. This grant will pay the costs of the camp instead of other General Fund revenues. AGENDA ITEM # V FOR AGENDA OF October 12, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Discussion of Bull Mountain Resolutions To Confirm the City Council's Commitments That Would Occur Upon Annexation PREPARED BY: Bill Monahan DEPT HEAD OK op-&-KITY MGR OK *k-w- ISSUE BEFORE THE COUNCIL At the City Council Strategic Planning meeting of October 1, 2004, Council directed staff to bring forth several resolutions for consideration. Should the City Council pass several resolutions that would confirm the Council's commitments to the residents of unincorporated Bull Mountain and the residents of Tigard if the annexation vote of November 2, 2004 is passed by both the voters of the City and the unincorporated area of Bull Mountain? STAFF RECOMMENDATION Staff recommends that the City Council review and discuss whether to adopt several resolutions that would confirm the commitments made earlier by the Council regarding delivery of services, phasing of taxation, and other concerns. The commitments were made during the Bull Mountain annexation process. INFORMATION SUMMARY During the Bull Mountain annexation process, the City Council conducted public meetings, reviewed a draft annexation plan for the Bull Mountain area, reviewed White Papers prepared by subcommittees on subjects of particular concern to the area residents, and commented on how city services could be provided to the Bull Mountain area upon annexation. The annexation vote will take place on the November 2, 2004 ballot. During a recent strategic planning discussion, the City Council expressed an interest in confirming to the voters of the community the commitments that it is willing to make which illustrate how some city services shall be provided to Bull Mountain and how issues raised by Bull Mountain residents during the public process shall be addressed if the annexation measure passes. In particular the Council has made commitments regarding: - Capital Improvement Projects and Funding - Comprehensive Planning - Identifying Open Spaces and park lands to serve the Bull Mountain Area - Hiring of additional Police personnel and providing training in advance of the effective date of annexation - Commitment of Parks Systems Development Funds (SDC's) collected on Bull Mountain to serve the area - Phasing in of taxation - Recognizing the Bull Mountain area as a neighborhood with a unique identity in a revised city wide neighborhood program. i The Council directed staff to prepare individual resolutions addressing each of these commitments. Council has before it seven resolutions which is shall consider and take action upon. OTHER ALTERNATIVES CONSIDERED Take no action to confirm the commitments expressed at prior city meetings. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The Tigard Vision includes statements that the community continues to grow, urban services are provided to citizens, and recipients of service pay their share for services. Open space is a priority for the community. Police services will be provided through stable funding so that uninterrupted service is provided at desirable levels. Expansion of infrastructure for public services to serve growth are paid for by growth. ATTACHMENT LIST Seven resolutions for council consideration. FISCAL NOTES Passage of the resolutions alone will not have a fiscal impact. Implementation of the commitments made within the resolutions will occur if the voters approve the annexation measure on November 2, 2004. Agenda Item No.: 4 Meeting of. October 12, 2004 DISCUSSION OF BULL MOUNTAIN RESOLUTIONS TO CONFIRM THE CITY COUNCIL'S COMMITMENTS THAT WOULD OCCUR UPON ANNEXATION Council received materials for review October 4, 2004 via e-mail. Council will discuss the resolutions. COPIES OF THE DRAFT RESOLUTIONS WILL BE POSTEDT Y APPROXIMATELY 10/6/04 ON THE CITY'S WEBSITE d.tigard.orms For more information, contact the City Recorder's Office at 503-639-4171 AGENDA ITEM # -J~ FOR AGENDA OF October 12, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Presentation of Government Finance Officers Association Distin uished Distinguished Bud et Presentation Award _ CITY MGR OK PREPARED BY: Craig Prosser DEPT HEAD OK ISSUE BEFORE THE COUNCIL Receive Distinguished Budget Presentation Award STAFF RECOMMENDATION Accept Award INFORMATION SUMMARY The Government Finance Officers Association of the United States and Canada (GFOA) sponsors a Distinguished Budget Presentation Award for jurisdictions in the US and Canada. The Award is intended to encourage jurisdictions to adhere to the highest principles in developing their governmental budgets. In order to qualify for the Award, a jurisdiction must satisfy nationally recognized guidelines for the presentation of budgetary information. These guidelines address the budget as a Policy Document, a Financial Plan, an Operations Guide, and a Communications Device. The City of Tigard has been awarded the GFOA Distinguished Budget Presentation Award for its FY 2004-05 Budget. This is the 17° year in a row that Tigard has won this award, demonstrating a consistent commitment to the highest professional standards of financial management. Credit for winning this award goes to staff of the Finance Department who work to create this document: Tom Imdieke, Michelle Wareing, Heather Block, and Maureen Denny. Credit is also due to City management and the overall of time and effort to mking the quality of the Budget d umenual budget process work departmental staff who devote a significant well and through their efforts contribute to OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY NA ATTACHMENT LIST None FISCAL NOTES None AGENDA ITEM # FOR AGENDA OF Oct. 12, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Library Operations Update PREPARED BY: Margaret Barnes DEPT HEAD OK A. CITY MGR OK _ur-- ISSUE BEFORE THE COUNCIL Discussion of library hours of operation and staffing STAFF RECOMMENDATION The staff recommends consideration of additional hours of operation for the library through end of the fiscal year. INFORMATION SUMMARY In May 2004, the Council and Budget Committee discussed options for library operating hours after the Washington County library operating levy did not pass. An interim schedule of 54 hours per week was approved through Nov. 6. Because the County has decided not to place the levy on the November ballot, it is necessary to discuss the library's future hours of operation as a result of that decision. Now that the new library has been open for two months, the current schedule of operation can be analyzed in light of library use and public feedback. Statistics show that the new library has been used heavily. In August, the library issued a record number of new library cards---856, compared to 281 in August 2003. Circulation was up 9% over the previous year, even though the library was open fewer hours (28.5). Because of the growing popularity of the new library and the City's commitment to make it available to the public as much as possible, this agenda item will focus on whether to open additional hours and how to fund those hours. Library staff members have received feedback and recommendations from the public regarding the reduced hours. Given strong feelings expressed by several library users, further public input on the library's schedule is warranted. The library will seek additional feedback from the public through community outreach efforts during its strategic planning process in the next few months. The Library Board will attend this meeting to discuss hours and staffing with the Council. OTHER ALTERNATIVES CONSIDERED 1) Continuing existing schedule. 2 Reducing hours further. 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. FISCAL NOTES From $20,000450,000 for the remainder of the fiscal year. AGENDA ITEM # FOR AGENDA OF 10/12/04 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE PREPARED BY: Duane Roberts. Dan Plaza DEPT HEAD OK ~~Y MGR OK //}4-r' ISSUE BEFORE THE COUNCIL. Should Council authorize the City Manager to sign a "Release of Easement", releasing to Clean Water Services (CWS) a Tualatin River pedestrian trail easement it granted the City in 1997? STAFF RECOMMENDATION Authorize the City Manager to sign the "Release of Easement". INFORMATION SUMMARY Construction of a pedestrian bridge over the Tualatin River, located just downstream of the existing railroad bridge, tentatively is scheduled to start in late 2005 and to be completed in Fall 2006. The City of Tualatin is the project manager and has been awarded major ODOT funding toward the cost of constructing the the 213' x 12' bridge. Together with Tualatin and Durham, Tigard is contributing a portion of the construction cost. Under a separate State Parks program, Tigard has been awarded grant funds to install a trail connection along the river between Cook Park and the future bridge. In order to construct the trail, the City needs to acquire a trail easement from Clean Water Services (CWS), the owner of most of the the land within the preferred trail alignment. CWS has agreed to provide the easement at no charge, but first requires the City to extinguish a previously-conveyed CWS trail easement that dates back to 1997 and connects Cook Park to isolated City- owned property along the river. The City-owned property does not provide a suitable trail route. This is because it is mostly wetlands and also because the land is too close to the riverbank in terms of current environmental regulations. The proposed new alignment meets all existing vegetated corridor and other regulatory requirements pertaining to pedestrian trails. CWS is prepared to convey the new trail easement as soon as the old easement is released. The old and replacement easements are depicted in maps attached. The "Release of Easement" document was prepared by the City Attorney's office. CWS staff will assist with a short spur or access easement between the new trail easement area and the City-owned river-front property as soon as the new trail easement is concluded. At the meeting, staff will provide an update on the schedule and construction costs of constructing the Tualatin River pedestrian trail and bridge. OTHER ALTERNATIVES CONSIDERED No alternatives considered. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Transportation and Traffic Goal #3, "Alternative modes of transportation are available and use is maximized". ATTACHMENT LIST Attachment #1: "Release of Easement" Attachment #2: Old CWS Trail Easment Map Attachment #3: New CWS Trail Easement Map FISCAL NOTES No costs are involved, except City legal fees. CWS is not charging for the new and longer trail easement. i/citywide/sum/C W Straileasement Attachment 1 AFTER RECORDING RETURN TO: CITY OF TIGARD 13125 SW Hall Boulevard Tigard, OR 97223 RELEASE OF EASEMENT For good and valuable consideration consisting of the grant and acceptance of a replacement casement, THE CITY OF TIGARD, an Oregon municipal corporation (the "City"), hereby releases and reconveys to CLEAN WATER SERVICES, formerly Unified Sewerage Agency of Washington County, Oregon, a county service district formed pursuant to ORS Chapter 451 ("CWS"), all right, title and interest of the City in and to that certain easement granted by CWS to the City by instrument dated December 16, 1997, and recorded in the official records of Washington County, Oregon on January 7, 1998, as instrument number 98001400. IN WITNESS WHEREOF, the parties hereto have executed this Release of Easement on September , 2004. THE CITY OF TIGARD, an Oregon municipal corporation Its: C,fv /rI14#1 A;E f&- STATE OF OREGON 1 COUNTY OF "A 12&I ) This,. strument was acknowledged before me on this day of 6A4?-0--1 2004, by the of the City of Tigard, an Oregon municipal corporation, on behalf of th ty. NO ARY PUBLIC, STATE OF OREGON OFFICOLSM My Commission Expires: D0~ JANE MC CARVIN NOTARY PUBLIC-OREGON COMMISSION NO.378318 MY COMMISSION EXPIRES MAY 28, 2008 C:\DOCUME--1\Duane\LOCALS-I\Temp\Release of Easement (091404).doc Clean Water Services, a County Service District, hereby accepts the reconveyance of easement set forth above CLEAN WATER SERVICES By: Its: STATE OF OREGON ) COUNTY OF ) This instrument was acknowledged before me on this day of , 2004, by . the , of Clean Water Services, on behalf of the district. NOTARY PUBLIC, STATE OF OREGON My Commission Expires: C:\DOCUME-1\Duane\LOCALS--1\Temp\Release of Easement (091404).doe Attachment 2 15 Old CWS Trail Easement ~T .13 _ • \ O ( (1 WETLAND O + 1 e 2S 1 14D o 0%4. °o~`'"%.67 101 ± \ f~ - I t AC ~ - - uNiREo r 3 SEWERAGE 1 i / - AGENCY OF o WASHINGTON COUNTY ~I 1 ~ s i ~s i of 121 30' WIDE ACCESS EASEMENT e _77GARD aTY LIMITS jE~NG ND i h UAM \ s 29. \ , FLOOD W. New CWS Trail Easement Attachment3 N CWS i C 0 ~L 0 V V O m v Cr fa C~ Lei TNJ c~ Lrl~ cQ.1 das~ n Y / (n O O fa O O O O O O -a O ■ L O 4d)- Q 0 m O O O O M N -yl- fu .0) Lf) 0 ® C: m O V C) Q o a E \ Ln (d Q L • 4- a L n O_ O c c ~ ~ • U c O Ln cn ~ O ~ o U 0 U O O J S O N O 4- J L = LU-- o E /3 W o V) rl o {JD,- to rl iA- .-a V) U L 0) t (1) 0 O O u fa O fu C V O ® O E U- f 0 -O -n 0 fu Entered into the Record on 1()/R /,D`/ By: Agenda Item#,L Exhibit City Council Document Transmittal CITY OF TIGARD N OREGO ~ hk- To: ' i G ~Ul From: Date: I'm sending you: Document Type: ❑ 1 A ❑ Contract Other Document Name: APP roved at the Council Meeting of: Number Copies Included: ❑Yo r- document(s) have been signed by the Mayor our docurrient(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 ❑ Additional instructions: 1:\ADM\CITY COUNCIL\CITY COUNCIL DOCUMENT TRANSMITTAL.DOC AGENDA ITEM # k FOR AGENDA OF 10/12/04 ISSUE/AGENDA TITLE CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY PREPARED BY: Jim Hend!n DEPT HEAD OK ITY MGR OK ISSUE BEFORE THE OUNCIL Confirm direction provided to staff on September 21, 2004 to continue the current policy regarding annexation of properties contiguous to the City limits. STAFF RECOMMENDATION Confirm direction provided to staff. INFORMATION SUMMARY At the Council meeting on September 21, 2004 the Council discussed issues associated with annexation and provided staff with the following direction: • Tigard will continue to process requests to annex properties that are contiguous to the City limits. • The double majority method will not be used to bring in additional properties as part of these annexations, even if doing so creates a more uniform boundary. • Where properties adjacent to those requesting annexation have previously signed consents to annex, those consents will be processed concurrently. If consents to annex are submitted after the property bccomcs contiguous to the City limits, annexation will be proccsscd immcdiatcly. • Tigard will not proceed with island annexations on a case-by-case basis unless further directed by Council. A The attached memo summarizes the direction received and provides an update of two upcoming annexations. N/A OTHER ALTERNATIVES CONSIDERED VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management, Goal #2 - Urban services are provided to all citizens within Tigard's urban growth boundary and recipients of services pay their share. ATTACHMENT LIST Attachment 1 - Memo from Jim Hendryx dated September 29, 2004 N/A FISCAL NOTES I:\LRPLNVu1ia\Annexation gen policy\10-10-04 CC AIS.DOC CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: Mayor and City Council members FROM: Jim Hendryx, Community Development Director /,/l, l DATE: September 29, 2004 SUBJECT: Contiguous Annexation follow-up At the Council meeting on September 21, 2004 the Council discussed issues associated with annexation and provided staff with direction. The following is a summary of the direction received: • Tigard will continue to process requests to annex properties that are contiguous to the City limits. The double majority method will not be used to bring in additional properties as part of these annexations, even if doing so creates a more uniform boundary. However, where properties adjacent to those requesting annexation have previously signed consents to annex, those consents will be processed concurrently. If consents to annex are submitted after the property becomes contiguous to the City limits, annexation will be processed immediately. • Tigard will not proceed with island annexations unless further directed by Council. Upcoming Annexations As mentioned at the Council meeting on the 21St, there are two annexations currently in process. The Alpine View annexation is scheduled to be brought to Council on November 9, 2004. There are no adjacent properties with waivers signed or pending. The annexation, :without incorporating additional 10-10-44 Contiguous Annexation update memo Page 1 of 2 properties, will create an island as illustrated. The second annexation, Arbor Summit properties, is scheduled to be brought before Council on December 14, 2004. Staff has contacted property owners adjacent to this property, including those conditioned to sign consents, to propose that they include themselves in this annexation. As of this date, only one property owner has responded in favor of being included in the annexation. The property is south of the Bella Vista subdivision. If additional properties are not included which will bring the City limits adjacent to the Bella Vista subdivision, this additional property will not be able to be annexed as part of the Arbor Summit annexation. Should consents for annexation not be received from Summit Ridge and Alberta Rider, whose properties will be annexed separately after Arbor Summit is annexed. Bella Vista and the property that has requested to be included in the annexation will be annexed at that time as well. '.C A 10-10-04 Contiguous Annexation update memo Page 2 of 2 AGENDA ITEM # 1 FOR AGENDA OF October 12, 2004 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA TITLE: CONSIDERATION OF A RESOLUTION APPROVING A POLICY TO ESTABLISH A RESIDENTIAL SERVICES AGENCY EMERGENCY FUND. PREPARED BY: LIZ NEWTON d l DEPT HEAD OK CITY MGR OK ( ISSUE BEFORE THE COUNCIL Should City Council approve a policy establishing a Residential Services Agency Emergency Fund? STAFF RECOMMENDATION Approve the attached resolution approving a policy to establish a Residential Services Agency Emergency Fund. INFORMATION SUMMARY At the August 17, 2004 City Council Workshop meeting, staff presented a proposal to establish a Residential Services Agency Emergency Fund. The purpose of the fund would be to address limited, one-time or emergency funding needs for agencies that provide food and housing services for Tigard residents in need. After discussion, Council directed staff to bring back a written policy for consideration. If the attached resolution is adopted approving the policy to establish the fund, a budget amendment will be required to appropriate funds. OTHER ALTERNATIVES CONSIDERED Modify the proposed policy. Delay action. Don't approve the Resolution. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management, Goal #3, Strategy 7 - Investigate tools to provide emergency housing. ATTACHMENT LIST Resolution with attachment "A" FISCAL NOTES No cost associated with this action. i:tadm4esolutionstais residential services emer rund 041012.doc9129/04