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City Council Packet - 09/27/2005 7- A.A L CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING September 27, 2005 COUNCIL MEETING WILL BE TELEVISED I:\Ofs\Donna's\Ccpkt3 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Agenda Item No. Nov 3 I For Agenda of Nov 6 !i04- CITY OF TIGARO OREGON Tigard City Council Meeting Minutes Date: September 27, 2005 Time: 6:32 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard, Oregon Attending: Mayor Craig Dirksen Presiding Councilor Sydney Sherwood Councilor Nick Wilson Councilor Tom Woodruff Absent: Councilor Sally Harding Agenda Item Discussion & Comments Action Items follow u Executive . EXECUTIVE SESSION: The Tigard City Staff will proceed as Session Council went into Executive Session at 6:33 p.m. directed by the City to consult with counsel about current or potential Council during the litigation under ORS 192.660(2)(h). Executive Session. Executive Session concluded at 6:55 p.m. Study Session Mayor Dirksen noted that Councilor Harding is absent See Item 1.4, Page 3 due to health issues. She sent a statement for the Mayor to read to the public about her health recovery and her hope that she would be well enough to attend the next City Council business meeting. The following administrative items were reviewed: > ADMINISTRATIVE ITEMS 0 Chamber of Commerce President Pam Brown advised City staff today that there are no new significant Chamber activities to report to the City Council. A Chamber representative plans to attend the October 25, 2005, City Council meeting for a Chamber of Commerce update to the City. Tigard City Council Meeting Minutes September 27, 2005 - Page 1 Agenda Item Discussion & Comments Action Items follow u Study Session 9 Mayor will announce at the beginning of the Meeting scheduled for Continued. Business Meeting that the City Center September 29, 2005, 6:30 Development Agency (CCDA) meeting has p.m., Town Hall, as been cancelled. A meeting of the City Center noted. Development Agency, City Center Advisory Commission, Downtown Task Force, consultant and staff will be held on Thursday, September 29, in the Town Hall at 6:30 p.m. Nx Information was distributed from Paul Owen See Citizen representing the Summerfield Civic Communications, Item 3, Association. Mr. Owen said he would address Page 4. the City Council during Citizen Communications regarding Durham Road right-of-way and sidewalk maintenance. There was brief discussion with Mr. Owen. Z Council discussed the training session scheduled for September 30. Council members received a copy of a memorandum from Tim Ramis/Gary Firestone dated August 30, 2005, regarding training sessions. City Attorney Ramis clarified that the City Council may not hold any discussion on substantive city-related matters. He suggested someone be appointed to monitor discussion topics. 0 City Council named Mayor Dirksen as the Mayor Dirksen named as voting delegate for the November League of voting delegate to the Oregon Cities conference. LOC Conference 0 City Council members confirmed they want to Staff to coordinate send representatives to the Congress of Cities registration and travel Conference in March rather than to the plans. National League of Cities Conference (December 6-10). Nx Council members were reminded of the joint Joint meeting to be held Meeting on October 17, 2005, 5 p.m., at the on October 17, 2005, in Tualatin Police Department with the City Tualatin, as noted. Council members from Tualatin, King City and Durham as well as the Tigard-Tualatin School Board. Agenda items to date are: Urban Renewal, Truancy Ordinances, Land Purchases and Sales. Tigard City Council Meeting Minutes September 27, 2005 - Page 2 Agenda Item Discussion & Comments Action Items follow u Study Session Continued. O Council members received a copy of a September 26, 2005, letter from Lane Shetterly of Oregon Department of Land Conservation and Development to Keshmira McVey regarding a "Request to initiate enforcement proceeding against the City of Tigard (Bull Mountain)." A copy of this letter is on file in the City Recorder's office. ❑X Council members decided to postpone part of Staff to make the training session on September 30, 2005. arrangements for Administration staff will check on the postponed training. arrangements with the trainers. 0 Interim Community Development Director Map distributed; a copy Coffee reported that a map will be distributed is on file in the City to the City Council (Figure 1) in the proposed Recorder's office. Tigard Downtown Improvement Plan Study Session concluded at 7:11 p.m. 1. 1.1 Mayor Dirksen called the City Council and Local Business Contract Review Board meeting to order at 7:31 Meeting p.m. 1.2 Council Present: Mayor Dirksen; Councilors Sherwood, Wilson, and Woodruff. 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports: Mayor Dirksen read a statement from Councilor Harding regarding her health recovery and that she hoped she would be well enough to attend the next City Council meeting. A copy of Councilor Harding's statement is on file in the City Recorder's office. 1.5 Call to Council and Staff for Non-Agenda Items: Mayor Dirksen announced that the City Center CCDA, CCAC, DTF Development Agency meeting scheduled at the Meeting scheduled for conclusion of the City Council meeting was September 29, 2005 as cancelled. There will be a meeting of the City noted. Center Development Agency, the City Center Advisory Commission, and the Downtown Task Tigard City Council Meeting Minutes September 27, 2005 - Page 3 Agenda Item Discussion & Comments Action Items follow u Force on Thursday, September 29, 6:30 p.m., in the Town Hall to discuss the proposed Urban Renewal Plan. 2. Mayor Dirksen issued the following proclamations: Proclamations 2.1 Proclaim October 2005 as National Breast Cancer Awareness Month 2.2 Proclaim October 2005 as Disability Employment Awareness Month 3. • Mr. Charles Radley, Chair of the CPO 4B Bull Citizen Mountain Governance Committee, read a letter Communication clarifying and responding to remarks made by Mark Padgett at a recent City Council meeting concerning activities of CPO 4B and the Bull Mountain Governance Committee. A copy of this letter is on file in the City Recorder's office. • Mr. Paul Owen, representing the Summerfield Civic Association, read a letter outlining issues regarding Durham Road sidewalk and right-of- way maintenance. A copy of this letter is on file in the City Recorder's office. Mr. Owen offered to meet with City Council and staff on these issues. Mayor Dirksen said the information presented by Mr. Owen would be taken under advisement. The Mayor noted funding for maintenance of sidewalks and right of way was included during the budget hearings; however, the funding was not approved as the Budget Committee considered what could and could not be funded this fiscal year. There is general support, in principle, for providing maintenance but the cost keeps this matter from moving forward. Mayor Dirksen asked Mr. Owen if there was support from Summerfield for a compromise and Councilor Woodruff asked if the Summerfield Civic Association would consider taking responsibility for maintenance of the area under discussion. Mr. Owen said the Association did not have the resources; 59 Summerfield homes are affected, which is a small portion of Summerfield. Mr. Owen indicated there would be willingness to Tigard City Council Meeting Minutes September 27, 2005 - Page 4 Agenda Item Discussion & Comments Action Items follow u discuss a compromise. 4. 4.1 Approve Council Minutes for August 23, 2005 Motion by Councilor Consent 4.2 Approve Tigard Public Library Policies Wilson, seconded by Agenda 4.3 Approve a Cost of Living Adjustment for Councilor Sherwood, to Management/Supervisory/ Confidential Group approve the Consent Employees - Resolution No. 05-59 Agenda. A RESOLUTION TO APPROVE A COST The motion was OF LIVING ADJUSTMENT FOR approved by a unanimous MANAGEMENT/SUPERVISORY/CONFID vote of Council present. ENTIAL GROUP EMPLOYEES EFFECTIVE OCTOBER 1, 2005, AND Mayor Dirksen Yes AMEND THE EXISTING SALARY Councilor Sherwood Yes SCHEDULE (EXHIBIT A) Councilor Wilson Yes Councilor Woodruff Yes 4.4 Adopt the Urban Renewal Project Public Outreach Plan - Resolution No. 05-60 A RESOLUTION ADOPTING THE URBAN RENEWAL PROJECT PUBLIC OUTREACH PLAN 4.5 Authorize Submittal of an Application for Federal Assistance for Sidewalk Construction and Related Improvements along Garrett Street -Resolution No. 05-61 A RESOLUTION OF THE TIGARD CITY COUNCIL SUPPORTING AN APPLICATION FOR FEDERAL ASSISTANCE FOR CONSTRUCTING SIDEWALK AND RELATED IMPROVEMENTS ALONG BOTH SIDES OF GARRETT STREET 5. Library Director Barnes introduced the Indonesian Indonesian delegation to the City Council. Tigard is currently Delegation participating in a Resource Cities program funded by USAID and administered by ICMA. This program has paired Tigard with two Indonesian cities, Balikpapan and Samarinda. Tigard is currently working on approved work plans with these two communities to improve environmental education opportunities, as well as water system improvements. One Indonesian Tigard City Council Meeting Minutes September 27, 2005 - Page 5 Agenda Item Discussion & Comments Action Items follow u delegation of educators has already toured the Tigard 5. area. Products of the exchange has included Indonesian implementation by the Indonesian partners of double Delegation entry accounting, performance budgeting management, Continued citizen involvement efforts, and upgrades to their water delivery systems and water quality. In addition Samarinda and Balikpapan reported the cooperation between these two cities has improved. ICMA Representative Monahan gave a brief report on the value of the program. The delegation and the City Council exchanged gifts. 6. Update from Representative Galizio reviewed the following Representative legislation from last session: Galizio ❑X Mental health parity (Senate Bill 1) N Methamphetamine (meth) package, which attempts to address meth problems at a number of different levels D Veteran's package 19 Use of lottery funds ($100 million) for transportation Z Employment - shifted dollars from a reserve account to decrease costs of employment insurance for employers 9 Annexation - Representative Galizio acknowledged he did not vote on these issues as the City of Tigard weighed in on them. 0 Annexation - Beaverton issues, which included SB887 on Island Annexation Z Measure 37 did not get addressed. 9 Missed opportunities included K-12 funding strategy 0 Additional work needed for higher education 7. Consider Interim Community Development Director Coffee Resolution 05-62 approved. Resolution - introduced this item. Associate Planner Igarta See next page. Tigard presented the staff report. Interim Community Downtown Development Director Coffee advised the Vicinity Development Map (Figure 1) was now available. (City Recorder's Plan note: The map distributed at the September 27, 2005, City Council meeting was inserted into Resolution No. 05-62, Exhibit A, Downtown Improvement Plan). Tigard City Council Meeting Minutes September 27, 2005 - Page 6 Agenda Item Discussion & Comments Action Items follow u 7. Consider Downtown Task Force (DTF) Members Present: DTF Resolution - Chair Mike Marr, Susan Morelli, Lisa Olson, Marland Tigard Henderson, Jan Richardson, Sue Wirick. Also present: Downtown Sonja Kazen, Oregon Department of Transportation Development TGM Grant Coordinator, and David Siegal, Parametrix Plan Project Manager (of the consultant team). (Continued) After reviewing a presentation on the Tigard Downtown Improvement Plan, City Council members heard a presentation from Downtown Task Force Chair Mike Marr and Downtown Task Force members regarding this plan which represents a practical strategy for a community-supported, financially sound Downtown improvement effort to create a vibrant and active urban village at the heart of the City. The Plan envisions a Downtown that is pedestrian oriented, accessible by many modes of transportation, recognizes and uses natural resources as an asset, and features a combination of uses that enable people to live, work, plan and shop in an environment that is uniquely Tigard. A copy of the PowerPoint presentation reviewed with the City Council is on file in the City Recorder's office. After discussion and words of appreciation for the Motion by Councilor work done by the Task Force, the Council adopted Wilson, seconded by Resolution No. 05-62, by a unanimous vote of City Councilor Sherwood, to Council members present: adopt Resolution No. 05- 62. RESOLUTION NO. 05-62 - A RESOLUTION ACCEPTING THE FINDINGS AND The motion was RECOMMENDATIONS OF THE TIGARD approved by a unanimous DOWNTOWN IMPROVEMENT PLAN vote of Council present. DETAILING THE COMMUNITY'S VISION, GOALS, AND IMPLEMENTATION Councilor S Mayor to r Senherwood Yes FRAMEWORK TO REVITALIZE DOWNTOWN Yes TIGARD. Councilor Wilson Yes Councilor Woodruff Yes Tigard City Council Meeting Minutes September 27, 2005 - Page 7 Agenda Item Discussion & Comments Action Items (follow u 7. Business meeting was adjourned at 9:52 p.m. Motion by Councilor Adjournment Woodruff, seconded by Councilor Sherwood, to adjourn the meeting at 9:52 p.m. The motion was approved by a unanimous vote of Council present. Mayor Dirksen ' Yes Councilor Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes Study Session City Council members met in a Study Session following the Business meeting. Assistant to the City Manager Newton updated the City Council on her testimony as well as a summary of oral testimony presented to the Washington County Board of Commissioners regarding the Washington County White Papers. The White Papers item was on the County Board's agenda this evening. Ms. Newton reported that no further review by the County Board is expected until December 2005. Meeting adjourned at 10:14 p.m. Catherine Wheatley, City Recor Attest: c. Z, , Vi ayo , City of Tigard Date: ✓ VC I: tedmtcath&=\2005t050027ccm 0nel draft.doc Tigard City Council Meeting Minutes September 27, 2005 - Page 8 TIGARD CITY COUNCIL MEETING SEPTEMBER 27, 2005 6:30 p.m. CITY OF TIGARD OREGON TIGARD CITY HALL 13125 SW HALL BLVD TIGARD, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication 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 - SEPTEMBER 27, 2005 page 1 AGENDA TIGARD CITY COUNCIL MEETING 6:30 PM • STUDY SESSION • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss to consult with counsel about current or potential litigation under ORS 192.660(2)(h). All discussions are confidential and those present may disclose nothing from the Session. Representatlves 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 a Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items Mayor Dirksen: Announce that the City Center Development Agency meeting that was scheduled after the conclusion of the City Council business meeting has been cancelled. There will be a meeting of the City Center Development Agency, the City Center Advisory Committee and the Downtown Task Force on Thursday, September 291 6:30 p.m. in the Town Hall to discuss the proposed Urban Renewal Plan. 7:35 PM 2. PROCLAMATIONS ■ Mayor Dirksen 2.1 Proclaim October 2005 as National Breast Cancer Awareness Month 2.2 Proclaim October 2005 as Disability Employment Awareness Month 7:40 PM - 3. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard Area Chamber of Commerce Representative (No representatives this evening.) • Follow-up to Previous Citizen Communication i COUNCIL AGENDA - SEPTEMBER 27, 2005 page 2 Mayor to review items on the Consent Agenda: 7:45 PM 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve Council Minutes for August 23, 2005 4.2 Approve Tigard Public Library Policies 4.3 Approve a Cost of Living Adjustment for Management/Supervisory/ Confidential Group Employees RESOLUTION NO. 05-59 - A RESOLUTION TO APPROVE A COST OF LIVING ADJUSTMENT FOR MANAGEMENT/SUPERVISORY/ CONFIDENTIAL GROUP EMPLOYEES EFFECTIVE OCTOBER 1, 2005, AND AMEND THE EXISTING SALARY SCHEDULE (EXHIBIT A) 4.4 Adopt the Urban Renewal Project Public Outreach Plan - RESOLUTION NO. 05-60 - A RESOLUTION ADOPTING THE URBAN RENEWAL PROJECT PUBLIC OUTREACH PLAN 4.5 Authorize Submittal of an Application for Federal Assistance for Sidewalk Construction and Related Improvements along Garrett Street - RESOLUTION NO. 05-61-A RESOLUTION OF THE TIGARD CITY COUNCIL SUPPORTING AN APPLICATION FOR FEDERAL ASSISTANCE FOR CONSTRUCTING SIDEWALK AND RELATED IMPROVEMENTS ALONG BOTH SIDES OF GARRETT STREET • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:50 PM 5. INTRODUCTION OF INDONESIAN DELEGATION a. Staff Report: Library Staff COUNCIL AGENDA - SEPTEMBER 27, 2005 page 3 8 PM 6. LEGISLATIVE UPDATE FROM *STATE ENATOR BURD,ICK STATE REPRESENTATIVE GALIZIO *Senator Burdick is unable to attend. a. Staff Report: Administration Staff 8:30 PM 7. CONSIDER A RESOLUTION ACCEPTING THE FINDINGS AND RECOMMENDATIONS OF THE TIGARD DOWNTOWN IMPROVEMENT PLAN a. Staff Report: Community Development Staff b. Council Discussion C. Council Consideration: Resolution No. 05 - 62 Councilor: 1 move for adoption of the proposed Resolution 05-62. Councilor: 1 second the motion. Mayor: Will the City Recorder please read the number and title of the Resolution. City Recorder: (Reads as requested.) RESOLUTION NO. 05-62 - A RESOLUTION ACCEPTING THE FINDINGS AND RECOMMENDATIONS OF THE TIGARD DOWNTOWN IMPROVEMENT PLAN DETAILING THE COMMUNITY'S VISION, GOALS, AND IMPLEMENTATION FRAMEWORK TO REVITALIZE DOWNTOWN TIGARD Mayor: Is there any discussion? Mayor (after discussion): All of those in favor of adopting Resolution No. 05- 62, please say "aye. " Mayor/Councilors: Mayor: All of those opposed to adopting Resolution No. 05-62, please say "nay. " Mayor/Councilors.- COUNCIL AGENDA - SEPTEMBER 27, 2005 page 4 Mayor: Resolution No. 05-62 (is adopted or fails) by a (unanimous, or however votes were split) vote. Tie votes =failure to pass 9:30 PM 8. COUNCIL LIAISON REPORTS 9. NON AGENDA ITEMS 10. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(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. 9:45 PM 11. ADJOURNMENT I: \adm\cathy\cca\200 5\0509 2 7). doc9/2 7/05 1 COUNCIL AGENDA - SEPTEMBER 27, 2005 page 5 54-LAdg S2zs+z)n ✓ qo,&t_, at*ct c h MQ V~ s AGENDA TIGARD CITY COUNCIL BUSINESS MEETING September 27, 2005 - 6:30 p.m. 13125 SW Hall Boulevard, Tigard, Oregon 6:30 PM • STUDY SESSION • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to consult with counsel about current or 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 maybe held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. After Executive Session and in open session, if staff was given direction from City Council, announce "Staff shall proceed as directed by the City Council during the Executive Session." > ADMINISTRATIVE ITEMS 0 Chamber of Commerce Pam Brown advises no new events to report to the City Council. A representative plans to attend the 4`` Tuesday in October City Council meeting. 0 Announce at the beginning of the Business Meeting that the CCDA meeting has been cancelled. A meeting of the CCDA, CCAC, DTF, consultant and staff will be held on Thursday, September 29, in the Town Hall at 6:30 p.m. 0 Distribute information from Paul Owen, who plans on addressing the City Council during Citizen Communications. Mr. Owen will be speaking on issues regarding Durham Road. • Discuss Council Training Session - See memorandum from Tim Ramis/Gary Firestone dated August 30, 2005. 0 Request City Council to name a voting delegate for the November LOC conference. 0 Confirm with City Council whether members want to attend the NLC Conference (December 6-10) or the Congress of Cities Conference in March. 0 Joint Meeting on October 17, 2005, 5:30 p.m., at the Tualatin Police Department with the City Council members from Tualatin, King City and Durham as well as the Tigard- Tualatin School Board. Agenda items to date are: Urban Renewal, Truancy Ordinances, Land Purchases and Sales. O Distribute September 26, 2005, letter from Lane Shetterly of Oregon Department of Land Conservation and Development to Keshmira McVey regarding a "Request to initiate enforcement proceeding against the City of Tigard (Bull Mountain)." Council Calendar: September 29 Thursday Meeting of the CCDA, CCAC, DTF, consultant and staff regarding the Urban Renewal Plan and Report 30 Friday Council Strategic Planning Retreat - Noon, 10305 SW 87tH Avenue, Tigard, Oregon Council Calendar - Continued on Next Page October 11 Tuesday City Council Business Meeting, 6:30 p.m. 17 Monday Joint Meeting with Cities of Tualatin, King City, and Durham as well as the Tigard Tualatin School Board - 5:30 p.m., Tualatin Police Department 18 Tuesday City Council Workshop Meeting, 6:30 p.m. 25 Tuesday City Council Business Meeting, 6:30 p.m. Executive Session - The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (2) (a) - Employment of public officers, employees and agents, if the body has satisfied certain prerequisites. 192.660 (2) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (2) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660 (2) (e) - Real property transaction negotiations. 192.660 (2) (f) - Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192-660(2) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660(2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660(2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (2) (j) - Public investments - to cant' 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. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. i:tadmtcalhytcouncihpink sheet - study session agendast2005%050910.doc RAMIS MEMORANDUM CREW CORRIGAN LLP To: Tigard City Manager and Council ATTORNEYS AT LAW From: Timothy V. Ramis, Gary Firestone, City Attorney's Office 1727 N.W. Hoyt Street Portland, Oregon 97209 Date: August 30, 2005 (503) 222-4402 Re: Council Training Sessions Fax: (503) 243-2944 g ISSUE: Are Council training sessions subject to public meeting law? ANSWER If the training session does not include any discussion of any issue that is the proper subject of council action, the session does not meet the definition of "public meeting." However, the slightest mention of a subject that is the proper subject of council action would make the session a public meeting. If the Council engages in a training session without providing notice of the meeting, it cannot discuss any City issue. LEGAL ANALYSIS ORS 192.610(5) defines "meeting" as follows: (5) "Meeting" means the convening of a governing body of a public body for which a quorum is required in order to make a decision or to deliberate toward a decision on any matter. "Meeting" does not include any on-site inspection of any project or program. "Meeting" also does not include the attendance of members of a governing body at any national, regional, or state association to which the public body or members belong. This definition does not expressly address training sessions, but training sessions are specifically addressed in ORS 192.630(4), which expressly exempts "training sessions" from the requirement that meetings be held within the geographic boundaries over which the governing body has jurisdiction. ORS 192.630(4) anticipates that "training sessions" can be public meetings, at least under some circumstances. The key part of the definition of "meeting" is "in order to make a decision or to deliberate toward a decision on any matter." While decisions are unlikely at training sessions, the term "deliberate" has been broadly interpreted as including not only discussions among council members, but listening to information on a matter. The result is that the Council may conduct training without triggering the public meeting law, but it must be careful to limit the subject matter. SOME SUGGESTIONS These items are included to assist in keeping the training within the limits set by statute: 1. Prepare an agenda so that it is clear that the topics are not matters that will require action by the City in the future. 2. If hypothetical situations are part of the training, avoid fact situations that are based on real Tigard issues. If the City is to have a Council training session that is not conducted as a public meeting, the Council will need to be very careful to avoid any discussion of any issue, substantive or procedural, that is a matter that the Council should address only in a public meeting. Furthermore, those providing the training will have to be cautioned to avoid issues that could come before the Council. Often, those conducting training will want to use a particular problem as a focus of discussion, and if they use a problem that the City is facing or will face in the future, the discussion would be considered "deliberation" and the session would be a meeting subject to public meeting laws. 3. It is permissible to use "real world" examples when illustrating a point, but avoid discussions of the substantive issues or decisions that were at issue or may be at issue in the future. 4. Be careful that discussions about process do not stray into proposals for changes to Council rules. These rules were adopted by the Council and therefore changes to them should be deliberated at a public meeting. For example, a discussion of how a Council functions may result in some discussion of Council rules, and a comment "we should change the rules" or a recommendation from the person conducting the training that the Council should consider changing its procedures would be considered "deliberation" that would make the session a public meeting subject to the statutory requirements (notice, open to public, accessible). Wmun ff igard\training.doc OF O a C) c 0 iiii Q~ w n„ _m u ~ z C, ''1~~~ a _ Q 2~ ~d~'~r11~~~a September 26, 2005 League of Oregon Cities Local Government Center 1201. Court St. NE, Suite 200 Salem, Oregon 973014194 TO: City Managers, Administrators and Recorders P.O. Box 928 Salem, Oregon 97308-0928 FROM: JOAnn Ghelfi, Conference Manager (503).588-6550 or - IZW4524338 , Fax: (503) 3994863, E-mail: toy@grcities:og Enclosed are the voting delegate and equipment exchange forms for the Web: www.orcities.org League's annual conference. These forms should be completed and OFFICERS returned to the League office by Friday, October 21. PRESIDENT Helen Berg The equipment exchange provides you the opportunity to advertise for sale Mayor, Corvallis , VICE-PRESIDENT. any surplus equipment, autos, etc. you may have, as well as to make known Mark Seltmann your interest in purchasing a specific item. Responses received will be Mayor, Athena displayed on a bulletin board near the League's registration desk during the TREASURER, , Jim Fairchild conference. Mayor, Dallas PAST PRESIDENT Phillip Houk, The voting delegate form tells us who will be voting on behalf of your city " Mayor, Pendleton during the Annual Business Meeting on Saturday, November 12. Please DIRECTORS note that delegates may not vote without a voting card, and voting cards Bob Austin will be issued only to the person listed on the voting delegate form. Mayor, Estacada Voting by proxy will not be permitted. The voting cards will be available Chuck Becker the afternoon of the 12', just prior to the business meeting. Mayor, Gresham Jim Bennett-, City Manager, New " Thank you. Leioy'Blodgett City Manager, Brookings Tom Hughes Mayor, Hillsboro JG/kab Shirley Kalkhoven ' Enclosures Mayor, Nehalem . Rex Mather City Manager,.Boaniman, Gary Pape Councilor,, Eugene Jim Randall Councilor; Salem Erik Sten Commissioner, Portland, Bob Strosser Councilor, Medford . . Alan Unger. Mayor, Redmond EXECUTIVE DIRECTOR Ken.L.Strobeck Serving Oregon Communities for 80 Years . 1 League of Oregon Cities 8#* ANNUAL CONFERENCE and BUSINESS MEETING November 10-12 2005 - Hilton Eugene & Conference Center Designation of Voting Delegate at Annual Business Meeting The annual business meeting will be held Saturday, November 12, at 3:30 p.m. Each city is entitled to cast one vote at the business meeting; however, all city officials are encouraged to attend the meeting. 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 _byproxy will not be permitted. FOR THE CITY OF VOTING DELEGATE Name Title ALTERNATE Name Title Submitted by (Signature) Return by October 21 to: Name League of Oregon Cities P.O. Box 928 Title Salem, OR 9.7308 Telephone Number M:UAC\W000NF12005Equip Exchange\eopxch deleg hr Gmwpd League of Oregon Cities 80`" ANNUAL CONFERENCE and BUSINESS MEETING November 10-12, 2005 - Hilton Eugene & Conference Center Equipment Exchange 1. I would like to advertise the following used vehicles, equipment, or other surplus items on the equipment exchange display board at the League Conference (include brief description and asking price): 2. We are interested in purchasing the following used equipment or vehicle (s): Submitted by Please complete and Title return by October 21 to: City/Dept. League of Oregon Cities Address PO Box 928 City, Zip Salem, OR 97308 Phone i 1 FAX E-Mail 1 ~ y'~ On Department of Land Conservation and Development x j 11 635 Capitol Street NE, Suite 150 Theodore R. Kulongoski, Governor Salem, Oregon 97301-2524 e Phone: (503) 373-0050 September 26, 2005 First Floor/Costal Fax: (503) 378-6033 Second Floor/ Director's Office: (503) 378-5518 Web Address: http://www.oregon.gov/LCD Keshmira McVey ~ 13525 SW Beef Bend Rd Portland, OR 97224-1667 Re: Request to initiate enforcement proceeding against the City of Tigard (Bull Mountain) Dear Ms. McVey: I apologize for my delay in getting back to you in response to your request that the department recommend to the Land Conservation and Development Commission that the Commission initiate an enforcement proceeding against the City of Tigard relating to its conduct with regard to Bull Mountain, including the city's performance of its obligations under the Bull Mountain Community Plan Urban Services Intergovernmental Agreement (IGA), and its adherence to its own Comprehensive Plan. I was pleased to have the opportunity to meet with you to discuss this earlier this month. Our staff also met with you to further explore your concerns, and we have undertaken at least a preliminary evaluation of your concerns as well as the department's and the Commission's capacity to respond. You have raised several specific concerns, including the misapplication of Tigard zoning standards to Bull Mountain, natural resource degradation, increase in density beyond the standards provided in the IGA, and the improper use of TIF funds collected by the City of Tigard from development in the Bull Mountain area. You are aware of the Commission's power to enter an enforcement order under ORS 197.320, and have asked us to recommend to the Commission that it initiate enforcement proceedings against the City of Tigard on its own motion authority under ORS 197.324. After our review of the matter (which included conversations with city staff), the applicable statutes and the administrative rules, and the department's capacity to undertake such an enforcement action at this time, I must respectfully decline your request. For one thing, it appears to us the Commission's enforcement authority does not extend to the full scope of relief that you have indicated you are seeking. We do not believe, for instance, that the Commission's authority extends to a remedy for the misuse of TIF funds that you assert has taken place (and which the city denies). To the extent that you are seeking an enforcement proceeding from the Commission because you believe it is a-speedier remedy than others available to you, I should advise you that the Commission would require that a careful and detailed investigation be done before taking any action, and (assuming any potential action might be warranted after the investigation) would almost certainly direct the parties to mediate their issues and differences. It is the nature and approach of the current Commission to emphasize collaboration with citizens and local governments over more punitive, regulatory sanctions. I should also mention that the department would be seriously challenged at this time to conduct the level of investigation and reporting to the Commission that the complex nature and history of this situation would require. As you may well know, the department is the lead state agency for receiving and processing claims for compensation under Ballot Measure 37. At this time, more than 1100 claims have been filed with the state, seeking compensation in an amount exceeding $1.8 billion. Every staff person at the department whose position is not limited by funding source is currently engaged in the evaluation of Measure 37 claims. (This includes even our field representatives, such as Ms. Femekees, who met with you, and who would be responsible for any investigation in preparation for an enforcement proceeding.) The legislature appropriated funds for additional staff to handle claims, but those positions will not be filled and trained before November. In the meantime, the number of claims coming in is more than double the volume on which the budget for additional positions was based. As a result, even with new staff coming on to deal specifically with Measure 37, we expect that Measure 37 will continue to occupy a major share of staff time across the department, at least for the next two years. By all of this, I do not mean to complain, or to offer Measure 37 as an excuse. We are dealing with the demands of the measure, and managing our ongoing responsibilities professionally and competently. But it does substantially limit our ability to undertake new and potentially significant efforts such as an enforcement proceeding relating to this matter would entail, and we are having to carefully prioritize our workload accordingly. I appreciate that this must be frustrating to you, and for that I am sorry. If you are still inclined, you are, of course, entitled to file a citizen petition for enforcement. In that event we would undertake an investigation to the very best of our ability, and within our staffing and budget resources, but I cannot offer you any assurances that the recommendation would be any different. In fact, based on Ms. Femekee's initial conversations with you and the local governments involved, she believes it is less than certain that we would recommend an enforcement order in this case in any event (although it would take a full investigation before we could arrive at a definitive conclusion). You are also more than welcome to address the Commission in person under the Public Comment agenda item of any Commission meeting. The Commission will be meeting in Bandon this week, on September 29 and 30, and again in Medford on November 29 - December 1. For more information on Commission meetings, you can access Commission agendas online at www.lcd.state.or.us. Thank you again for taking the time to meet with us about this matter. Yours very truly, lam""" axsq- LANE SHETDirector cc: Rep. Jerry Krunimel Meg Femekees Rob Hallyburton Brent Curtis 1ps.1sw1mcvey.091605 09/27/05 TUE 17:22 FAX 5033725856 HARDING,SALLY* X001 To my constituents and fellow council: I wish I could be here tonight. It has troubled me greatly to miss some serious business meetings with far reaching impact these last few weeks. It is my duty, and I am sorry to have been missing in action; that's just not me.... unfortunately, the week of our September 13 meeting I had breast surgery. Thankfully, I am free of any cancer. That is the good news ! I have only been home for about 10 days, and have a large wound that will take a long time to heal. Physically, I am weak, but getting stronger each day. I am optimistic that I will be at our next business meeting. I miss everyone, and thank you all for your patience and understanding. The mayor has a proclamation for National Breast Cancer Awareness Month tonight. As an adjunct, I would like to remind women to schedule mammograms and to take the time to do monthly breast self-examinations. Trite or cliche' as these statements are, it is because of them, I am going to be well soon. The best defense is a good offense. Best regards, Councilor Harding Q-2, 0S- 1. •S•a 4•r SS :,1 ,..E a tl• , 4. 4 3; • •q4 • rF,j. Sli,s•aS:. rF.,, .u •~••fi pi'a.. 33' 99,;i:! r':f %,`.r•~•••„6 . .1~..:.aJ~: .i.~ 'E;r a'`. 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' PROCLAMATION r'~-.i=►1 lii~ 2003 National Breast Cancer AWareoess Month WHEREAS, October 2005 is National Breast Cancer Awareness Month; and WHEREAS October 21, 2005 is National' Mammography Day; and i. WHEREAS, breast cancer is the most common cancer among women, except for nonmelanoma skin is cancers; and - : WHEREAS, breast cancer is the second leading cause of cancer death in women, exceeded only by lung L cancer; and ~j;~-i,P~i~Flmt~:49,`t•,iil. , •'~'iN~ z111iQypRar , ~ ^'•-)y Ftc, i; a WHEREAS, the chance of developing invasive breast cancer at some time in a woman's life is about 1 in 7; L{ and WHEREAS, African American women are disproportionately affected by breast cancer deathsl ; and a WHEREAS, almost 211,240 new cases of female invasive breast cancer will be diagnosed in 2005 and t t ='~1F •iC r;laia gli~?"r ; about 40,410 will die from the disease; and WHEREAS, an estimated 1,690 cases of male breast cancer will be diagnosed in 2005 and about 460 men will die of the disease; and ; ;y110* WHEREAS, death rates"from breast cancer have been declining, and this change is believed to be the result of earlier detection and improved treatment; and a'* u = ; a8ii:i, t WHEREAS mammography, an "x-ray" of the breast is recognized as the single most effective method of detecting breast changes that may be cancer long before physical symptoms can be seen or felt; NOW THEREFORE BE IT RESOLVED THAT I Craig Dirksen Mayor of Tigard, on behalf of the entire City Council, do hereby proclaim: tY+;~a; llllaiillti*k`=: , 'iit4i - October 2005 as National Breast Cancer Awareness Month and mow: t October 21, 2005 as National Mammography Day ~z in the City of Tigard. a Dated this da of ~ Y F'Yl 2005. r3a IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City o T' rd to be affixed. Craig Di en, Mayor r ';~~tllli City of Tigard ttest: City Recorder II ~ i1h5~ tt ij,~ ~ ~ `j .`~,f' p• MEN, $NS:: ?.f:xs r w:.. a) n :U',C,~g;~.•; •n 1&'' ~;ti~ t~ 'm`7a R!.. .,m'~:,;^' •.isr";. ~.'j. l:r; .".~ri. , W,., 9~ ,y`, r i ' li ':r1 ..,.v~ ~ `y,'Au Ya. ,.!w., a i(. R°"~ ~w' '"~~'R~~'s"+i." • it t, 11,•:f. ~ 9 : t?!'d, c.t 91 ~•4rd:,~ w G 99.m'%•'°y\d t`~1`,. ..J~ 9 a?"• Z,..u •"a,. 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IIIIII lii 7t• , .6„`,1 nifP/~.,::ta.. •"I$ tt3:, n;rr/,. ,'1$ •a..~!'• r i n~. :4.1~...II~,•• ..7i :,r•.a "'rnf(r,,~.~1:.,, ...;1..,:..~,•::, ..:x SI$$+, •.,,,:,d,:.::>,,,r.,' ~i i ili$$ p 1 t ,~~.~i?1~t7 1~$ ..,~"ll,~..:ar.,. u. i49 4,.:, .t•., t 6$ , ,lL,: ~ 9@ :.a, •7 f .rr.. r.._.a ~..e t , „Y n' ~c• •,d, i, ~ i~ , o ~ '•a„d ci;j';i~t;••,:%'r. 1~~4.;:u•: y.,st. "„4•,."fix. }1,.. ~s I - .s;,n ~ sa'a\~,,.;:t• . i! X'.;•";' t: ti. ' tA'~•''J~S\\.\`:up~~f) •,.W f:. rt{{ • `;d t`~ .v.~~f i t nr." W: (.v ~'':':""I' ~ ,ti•. •NtV!:• ;a ;..y`~ .~a''~ ~ t s. „ } ~,rs~'~~~ 7~% a t it a., !!f r~t; !'a ,JJ 9.,+gr..•r•. ,4; i .,r:'. 0 iwp. . ~C ~.i ,,\y~~ a 'y7, •,vx,.:,- _ 1 ~ 1 t'~1~" 1.~3 w. JiL .ti, : ~ ~ ~ >,ig 'JaL, tom' 1 \ . 5. F r C'• ry ~ . ii: •:<%i yyr, :r. F s •\~\•~E1 y tl ,r,1/1 `;?if'n,,~_,`S,r.:, a\\s.~Ey i'}l uio~'.,;~%ir s. ~4\~2 - ~F~l tiyi~ iZ~~ QEy? ~irT• d~i t`ta. $~l~~E.l itA fiflsri, i'''~b~f::-• , r L rr:. li.x. .~Y 1~. 4Ur, Aii i.: .q\O 1~7 Yq <i\ .x ? 4 Yil/.',' •a\\\r F 7 qab r u• 7 ` s•:. sob' t~.• rte: m iii. : c`- '':.:5 ,i.r:• : PROCLAMATION ~w•• i Disability Employment Awareness Month WHEREAS the United States of America has prized itself on advancing the civil rights of individuals and guaranteeing liberty and justice for all. Central to the philosophy of our democratic form of government are the precepts of equality and individual dignity, the value! of self-reliance and the basic right of all citizens to live full, independent and productive lives; fr. and s ..ate ~ I•~A ~~,Q~i~F ~~tH, i:~ WHEREAS, in keeping with that tradition, the United States Congress in 1990 enacted the Americans with Disabilities Act. This landmark legislation prohibits discrimination against people with disabilities in employment, public accommodations, transportation and ? telecommunications; and L Zn' 6 WHEREAS, by joint resolution, Congress has designated October of each year as National Disability Employment Awareness Month and WHEREAS, the City of Tigard supports this resolution and the spirit as well as the letter of the law to assure that all citizens with disabilities are fully included in our social, cultural and ' •,1` economic mainstream; and z"~= WHEREAS ; , people with disabilities represent a large untapped pool of talent. NOW THEREFORE BE IT RESOLVED THAT I, Craig Dirksen, Mayor of Tigard, do hereby proclaim October as ii Disability Employment Awareness Month • ~t in Tigard, Oregon and urge its observance by all of our citizens. a`'~r 1amp Dated this c27 'fA day of 12005 IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of 3? r T Tigard to be affixed. Craig Dir en, Mayor ~ity of Tigard L-AA Attest: A-C uS =a ;;F,;` _ ity Recorder N w . pub ~_rYt' .~x~r+r `r :raiir her Qu it .rill r ,-rr gyp. r a~ j:.;•4~~t' S i M' ~i v~ ~~~y °~~Zi a~y@ r +iit'f ! i' .~~~i r~5~~ ! ' s;~', • d •°xa r , .•"r* w '.'•w,.:. ,x.",,., ,~~.a,,., aL ,~J, . r.af~ \;';;~E dui; ''y'id'iitiQ~!"Y'pyst.: :'.wL, '43 ~,'a'",~'a", :i+'° :S.` .'i•. l g t ~+xw,~,'S,,.. ,y •y~F;n~.. 'Wwc •Y S~::H~.if, "Ws ~:Y~ d.. 7.h:~ a',~, r,J.~.. :~4... tR?•+:' It -ryi r•wr tt... 'm~.`,°y;.. vt. t ,u~";'W V;~ ,,;L.. •rn... e? tt 3r iii+ o: D:: ~t: ;;..~1$1p~.iwA'"~, •.y.lt~$j$ „Sa• ' ~ /O~n•^"•.u~ . ; $ ir~C^; „~t" a?"•' y; r ~f r!:: ...,9 ~ltt. '..r ~ Ott-A?"t +.~~Itj° _ ' Yc" Ga:i~:•f:+t~y...tr. d ~?4.iti ::?;~>t ~1~ ~~oai t .;r,~1,~ ,•i li 'y lf~„"f .~$$j~~rq+' r i&f't~;t~~:if 7„vnf89E rr:,.tvt Uf :rrpH116ata1~t~fti'it~:i~(dti~9,iw ark/1 ww~$$$l~~i~''nii'~' >..:y.. .v±.... vt hxF~. rt , t,' + f<r• ,ur as SiC, r oagacP I earn: ~\l ~ ~ L • f j 4 6t kS*'>` t1, S t i.tr E t { stN 1 Y c •yd J1 ae? I~,,,v r ,a . o , r t.~ee ; L f t ee:,~c• j~,~ f ~ •4zGt• 9 rc tz6t•apr~~:i ,c T AGENDA ITEM NO.3 - CITIZEN COMMUNICATION DATE : SEPT. 27, 2005 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED C ~,a~ r of F. kadleu` n cpo - zt B 15'77o- 0 1-13 1-) / MM~~ dfL 9722Lt Covh~,T.t18e LSoj)579~'68~ 0 Li d l ~Lf rya CITIZEN COMMUNICATION Page 1 September 26, 2005 Tigard-City Council Tigard, OR 97223 Mayor Craig and Membership of the Tigard City Council: My name is Paul Owen and I am the liaison to the City of Tigard for Summerfield Civic Association. I am here tonight to discuss with the City a problem that we have with Durham Road. As you know, Durham is an arterial and is a major street. Durham on the North side has an 8'1' sidewalk (most sidewalks in the city are 5') and 16' of R/W between the sidewalk and the Summerfield property lines. The Summerfield property line is also the back or side property line of 59 privately owned lots in Summerfield. Those same 59 parcel owners also have the responsibility for the sidewalk and R/W at their lots, front or side. Also we ought to point out that there is a 6' brick wall on the R/W line between the 59 lots and Durham Rd. We think that this is totally unfair and we ask that you consider taking the responsibility for the sidewalk and R/W on Durham including maintenance and liability. I have included with this request pictures of trucks parked on the sidewalk at several locations and times. Also, included is a copy of the action of the Summerfield Board of Directors authorizing me to make this request. I'll be happy to answer any questions and hope that this responsibility will be assumed by the City of Tigard. ,"Sincerely Paul Owen, Liaison to the City of Tigard for Summerfield Civic Association Y ~ • y~~, t i fj ,~i ' v b M adV pow 1 II J:. t/ s F 41v riP U 1~11IIIIIIIJIIIJ; !I MINE pp!:; ,a? i. r y ki'p'•.ery;;• t~ l i rf; 3 1 y~ - -91 9-, t~~ ri f ~ti~yrit 'r' , h ij y D ~}+'te. 7 'y i rS~ T.W 5c tis, ~B. S~4 F s t Tx1rM1 C, ~ A , t OL2 u.p ~,f r z +y s i 4~ d .I > S . r=~~r s 4 + ~ . Ell 3`. t s ~ 7 mkt E lz'".i1 , h ~ r k ~ 3 • I I~ Iii be~ps - fi: `k ?i .er - ems„ e r1 yti4Y I C k. ~ .'y>.1 1 ~3~-YG+ ' L-y#~~.i~,q~ ~ 3f$' a+ „sff(X z'~r„'~-+s~i ~r ebr s~ r r y k Y. r s i rd r,~f,~+~~~k ~ ' ~~,~s~, " s~~ 2 Yi-~ic.;fit'a'Y~~ r~ ~ +w. _ ~ E,.rr ~a ti. .c j . f ji_ '%ffr~t r ;~:-l~?fbs~,..'±h~ f=`~ ~5f-'"~~.~''']'''Sr~.o-,a•2=~.~`%'=-r,.~'~",e'S~'~5'Z-t"a ,i1~`w7 i_..~. :s ~ ti ~ - ~'~I'~ r? ' ~y i r' ~ ca x-'~ ,.~f, ~+.~-,lit x r`~ ~'~z ~ ~...4 'S..i. r~ sic s~'~. ...;n _ - '•y.\T2 k - a ~ i.- e - } ks %,y~`•.~y. Yi~a. 3'`f'-` i•.lr,~Y ~~+h• ~ .r'^.,s ..xt. ~,;i..s- ~p 2 '.a~. t ~ _Y, .,r: ' r . Jr ;J L .i . ~ r ,,y E~~ 1 . S ?r. v 1 f a. 1 i u ~t .g ~t f l•, w-. s ii h [s (,t 'l" i i ~F ,f `i. ~ o- y +5 •R fi , r5 `3+ ~jt~. - ~ •.i~, ~ . 'F ~ t'•'' ~ j .r r> _ ~r l; `u'~ 4'r t t c t' L t n a e--~• J ~sr' a^ ! ~ ' ~ S - 7 a)-r J sr3 r a , .fir ✓ ~ y~ if _ t ~ 4~ ~+..Lt ii. ~r ~i' 'a V l r. l W'Lrii~.ytr% yhF.f).s14X:' it ~ .e 'Jz- ".7 ry ~ ` rn n.{. 1 iL f -5f~ t Ll^I_i~' f ~a s i ~ ~`~~1 ~alB$ S Y Jilly JI i mot. ' T, fit: ,r - Yt. W sY , i ~a f ~ Y 1 :f 7~ A tl 7 , low wow dL- fin'- ~'Y . i C 7 i 1 it ~ ~i kc~:t r:. !f ~ rr ~ +gk ~ ja} 1 I W~ Mqq . f Y. q ligg r x a 6-9'sr'~e:°+4•-.~ >yyrtta'~' ~ „ ..M! x -r,-,a: •G .,i. ham. ~;::.?tc4=,43'~F~.rq~I°~ k.. x o,P.ma e• •arr;tFnrot-~,ssSUtA,_a..,r;,~'i•~'4":• . sr.^a. 7 } ! lases`, Y y:y s.i e s: .>.sn: t r r aL^'k r... ~fT-sa „s~_r .w ~-"R5j?~'~'+Fh :,F~ a~*"J~ «~av' ~ •s~~ ~^?4 ' " r. Y7r~'R'' '!.y'.<~„" . t','x. ~'r!"+~'c°m~ r'a`y. • ' "z.:n. - ^9 ,ate Yf ~l r r a . "f~a8 ~tYi,' 'r' yg'.~yP C 9~~.•` Ht p~ ~.t U.. +tA far If3],c~d¢~,sg, e s A K x4Qy. r x as w oy C + r r M ~ 'v -r s.,r - i a, n _ Y' i}~wWr 1 „ ` ~ i`G' ,,cco. y K i~4 ~ - r + ,i ~~~I `3 o. 1 :Y.'i~~. ~ t~ ~~j, J q47/vim CPO 4B Citizen Participation Organization (Bull Mountain/Tigard) 16200 SW Pacific Hwy. Ste H-242 Tigard, OR 97224-3494 September 27, 2005 Tigard City Council C/O Mayor Craig Dirksen City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223-8144 Dear Mayor Dirksen and Councilors Sherwood, Harding, Wilson and Woodruff: I am a member of the CPO 4B Steering Committee, but communicate to you today as Chair of the CPO 4B Bull Mountain Governance Committee, an impartial committee established by CPO 4B Members to study various options related to future governance of unincorporated Bull Mountain. At your September 13, 2005 City Council meeting, Mark Padgett made some remarks concerning the activities of the CPO-4B and the Bull Mountain Governance Committee (BMGC). Mr. Padgett is President of the Tigard Planning Commission. He is also a member of CPO-4B and until recently was a member of the CPO-BMGC. In that latter capacity, Mr. Padgett has made valuable contributions to the BMGC which we sincerely appreciate. However, some of his remarks on Sept 13`h were confusing, and in the light of his prior BMGC membership, and his existing public position, I feel the following response is warranted. I am grateful to CPO-4B Chair Ken Henschel for assisting me in writing this letter. 1) Mr. Padgett referred to CPO 4B as covering "mostly Bull Mountain and a little sliver of Tigard." Actually, the boundaries of CPO 4B cover all of Bull Mountain (both un-incorporated and Tigard) and most of the rest of the City of Tigard. Thank you to City Manager Prosser for clarifying that point during that meeting. 2) Mr. Padgett, in response to the City Manager's clarification on the CPO's boundaries, responded, "you couldn't tell by the attendance at the meetings." In fact, CPO meetings are open to the public. CPO-4B often has attendees from throughout the area, including attendees from your own City Council. Visitors from other CPO's are also common. All persons are welcome. There have been 21 CPO-4B General Meetings, with varying attendance at each. Mr. Padgett has only attended one General Meeting. 3) When referring to one possible governance option that the CPO-BMGC is studying, Mr. Padgett incorrectly referred to it as a "Super-Service District." However, there is no such entity. The option being considered is in fact a "Community Service District." Mr. Padgett said that "there seems to be a lot of support for that idea, not only from the Members of the CPO, but also from the County itself." Actually, that idea is only one of five that the Governance Committee is impartially studying, and we have heard voices of support for every single one of the five options from different individuals, though there has been no scientific poll to quantify the level of support for any of them. Also, to our knowledge, Washington County has neither publicly nor privately, advocated for that or any other particular governance option. 4) In regards to the Community Service District option, Mr. Padgett said, "I was told by the Chair of the CPO that [the Community Service District option] idea was originally floated to them by [Washington County Board of Commissioners Chair] Tom Brian." I personally was there when Mr. Henschel, CPO 4B Chair made his remark to Mr. Padgett on August 31s`, and what Mr. Henschel actually said was, "The concept of a Community Service District is new to me. I only 1 learned about it in general comments that Chair Tom Brian made before the Washington County Committee for Citizen Involvement several months ago." 5) Lastly, it should be noted that Mr. Padgett was a member of the CPO 4B Bull Mountain Governance Committee, and in that capacity volunteered to collect information from the City of Tigard. However, per the CPO 4B Bylaws, Mr. Padgett has not been authorized to speak for the CPO or its committees, and any comments he made or makes regarding the CPO or its committees are unofficial and are his personal opinion. Thank you for allowing me to clarify this matter. Sincerely, !.G ~/L~ Charles Radley Chair CPO 4B Bull Mountain Governance Committee 2 AGENDA ITEM # y a FOR AGENDA OF September 27, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Approval of Library Policies PREPARED BY: Margaret Barnes DEPT HEAD OK CITY MGR OK UC ISSUE BEFORE THE O IL Tigard City Council to approve policies for the Tigard Library as recommended by the Tigard Library Board. STAFF RECOMMENDATION Approve attached policies as recommended by the Tigard Library Board and as stated in the Tigard Municipal Code, Section 2.36.040. INFORMATION SUMMARY The Tigard Library Board reviews pertinent policies and procedures annually that relate to the operation of the Tigard Public Library. As it states in the Tigard Municipal Code, Section 2.36.040 Board Responsibilities: To recommend library policies as deemed desirable in the operation and utilization of library facilities to the Council. Over the past few months and including the meeting of September 8, 2005, the Library Board met to review various policies and unanimously approved the policies listed below. The City Attorney has reviewed these documents and has no concerns or issues. The Library Board is forwarding the following polices to Council for their approval: Library Bill of Rights Freedom to Read Exhibit and Display Policy Gift Policy Reference Services Policy If adopted, the policies will be incorporated into the Library's policy manual. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None. ATTACHMENT LIST 1. Library Bill of Rights 2. Freedom to Read 3. Exhibit and Display Policy 4. Gift Policy 5. Reference Services Policy FISCAL NOTES None. Tigard Public Library Endorsed and reaffirmed by the Tigard Library Board September 8, 2005 Library Bill of Rights The American Library Association affirms that all libraries are forums for information and ideas, and that the following basic policies should guide their services. 1. Books and other library resources should be provided for the interest, information and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background or views of those contributing to their creation. II. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval. III. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment. IV. Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas. V. A person's right to use a library should not be denied or abridged because of origin, age, background or views. VI. Libraries which make exhibit spaces and meeting rooms available to the public they serve should make such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use. Adopted June 18, 1948. Amended February 2, 1961, and January 23, 1980, inclusion of "age" reaffirmed January 23, 1996, by the ALA Council. Endorsed and reaffirmed by the Tigard Library Board, September 8, 2005. Tigard Public Library Endorsed and reaffirmed by the Tigard Library Board September 8, 2005 The Freedom to Read The freedom to read is essential to our democracy. It is continuously under attack. Private groups and public authorities in various parts of the country are working to remove or limit access to reading materials, to censor content in schools, to label "controversial" views, to distribute lists of "objectionable" books or authors and to purge libraries. These actions apparently rise from a view that our national tradition of free expression is no longer valid; that censorship and suppression are needed to counter threats to safety or national security, as well as to avoid the subversion of politics and the corruption of morals. We, as individuals devoted to reading and as librarians and publishers responsible for disseminating ideas, wish to assert the public interest in the preservation of the freedom to read. Most attempts at suppression rest on a denial of the fundamental premise of democracy: that the ordinary individual, by exercising critical judgment, will select the good and reject the bad. , We trust Americans to recognize propaganda and misinformation, and to make their own decisions about what they read and believe. We do not believe they are prepared to sacrifice their heritage of a free press in order to be "protected" against what others think may be bad for them. We believe they still favor free enterprise in ideas and expression. These efforts at suppression are related to a larger pattern of pressures being brought against education, the press, art and images, films, broadcast media and the Internet. The problem is not only one of actual censorship. The shadow of fear cast by these pressures leads, we suspect, to an even larger voluntary curtailment of expression by those who seek to avoid controversy or unwelcome scrutiny by government officials. Such pressure toward conformity is perhaps natural to a time of accelerated change. And yet suppression is never more dangerous than in such a time of social tension. Freedom has given the United States the elasticity to endure strain. Freedom keeps open the path of novel and creative solutions, and enables change to come by choice. Every silencing of a heresy, every enforcement of an orthodoxy, diminishes the toughness and resilience of our society and leaves it the less able to deal with controversy and difference. Now as always in our history, reading is among our greatest freedoms. The freedom to read and write is almost the only means for making generally available ideas or manners of expression that can initially command only a small audience. The written word is the natural medium for the new idea and the untried voice from which come the original contributions to social growth. It is essential to the extended discussion that serious thought requires, and to the accumulation of knowledge and ideas into organized collections. Tigard Public Library Endorsed and reaffirmed by the Tigard Library Board September 8, 2005 We believe that free communication is essential to the preservation of a free society and a creative culture. We believe that these pressures toward conformity present the danger of limiting the range and variety of inquiry and expression on which our democracy and our culture depend. We believe that every American community must jealously guard the freedom to publish and to circulate, in order to preserve its own freedom to read. We believe that publishers and librarians have a profound responsibility to give validity to that freedom to read by making it possible for the readers to choose freely from a variety of offerings. The freedom to read is guaranteed by the Constitution. Those with faith in free people will stand firm on these constitutional guarantees of essential rights and will exercise the responsibilities that accompany these rights. We therefore affirm these propositions: 1. It is in the public interest for publishers and librarians to make available the widest diversity of views and expressions, including those that are unorthodox, unpopular, or considered dangerous by the majority. Creative thought is by definition new, and what is new is different. The bearer of every new thought is a rebel until that idea is refined and tested. Totalitarian systems attempt to maintain themselves in power by the ruthless suppression of any concept that challenges the established orthodoxy. The power of a democratic system to adapt to change is vastly strengthened by the freedom of its citizens to choose widely from among conflicting opinions offered freely to them. To stifle every nonconformist idea at birth would mark the end of the democratic process. Furthermore, only through the constant activity of weighing and selecting can the democratic mind attain the strength demanded by times like these. We need to know not only what we believe but why we believe it. 2. Publishers, librarians and booksellers do not need to endorse every idea or presentation they make available. It would conflict with the public interest for them to establish their own political, moral, or aesthetic views as a standard for determining what should be published or circulated. Publishers and librarians serve the educational process by helping to make available knowledge and ideas required for the growth of the mind and the increase of learning. They do not foster education by imposing as mentors the patterns of their own thought. The people should have the freedom to read and consider a broader range of ideas than those that may be held by any single librarian or publisher or government or church. It is wrong that what one can read should be confined to what another thinks proper. Tigard Public Library Endorsed and reaffirmed by the Tigard Library Board September 8, 2005 3. It is contrary to the public interest for publishers or librarians to bar access to writings on the basis of the personal history or political affiliations of the author. No art or literature can flourish if it is to be measured by the political views or private lives of its creators. No society of free people can flourish that draws up lists of writers to whom it will not listen, whatever they may have to say. 4. There is no place in our society for efforts to coerce the taste of others, to confine adults to the reading matter deemed suitable for adolescents, or to inhibit the efforts of writers to achieve artistic expression.. To some, much of modern expression is shocking. But is not much of life itself shocking? We cut off literature at the source if we prevent writers from dealing with the stuff of life. Parents and teachers have a responsibility to prepare the young to meet the diversity of experiences in life to which they will be exposed, as they have a responsibility to help them learn to think critically for themselves. These are affirmative responsibilities, not to be discharged simply by preventing them from reading works for which they are not yet prepared. In these matters values differ, and values cannot be legislated; nor can machinery be devised that will suit the demands of one group without limiting the freedom of others. 5. It is not in the public interest to force a reader to accept the prejudgment of a label characterizing any expression or its author as subversive or dangerous. The ideal of labeling presupposes the existence of individuals or groups with wisdom to determine by authority what is good or bad for others. It presupposes that individuals must be directed in making up their minds about the ideas they examine. But Americans do not need others to do their thinking for them. 6.- It is the responsibility of publishers and librarians, as guardians of the people's freedom to read, to contest encroachments upon that freedom by individuals or groups seeking to impose their own standards or tastes upon the community at large; and by the government whenever it seeks to reduce or deny public access to public information.. It is inevitable in the give and take of the democratic process that the political, the moral, or the aesthetic concepts of an individual or group will occasionally collide with those of another individual or group. In a free society individuals are free to determine for themselves what they wish to read, and each group is free to determine what it will recommend to its freely associated members. But no group has the right to take the law into its own hands, and to impose its own concept of politics or morality upon other members of a democratic society. Freedom is no freedom if it is accorded only to the accepted and the inoffensive. Further, democratic societies are more safe, free, and creative when the free flow of public information is not restricted by governmental prerogative or self-censorship. Tigard Public Library Endorsed and reaffirmed by the Tigard Library Board September 8, 2005 7. It is the responsibility of publishers and librarians to give full meaning to the freedom to read by providing books that enrich the quality and diversity of thought and expression. By the exercise of this affirmative responsibility, they can demonstrate that the answer to a "bad" book is a good one, the answer to a "bad" idea is a good one. The freedom to read is of little consequence when the reader cannot obtain matter fit for that reader's purpose. What is needed is not only the absence of restraint, but the positive provision of opportunity for the people to read the best that has been thought and said. Books are the major channel by which the intellectual inheritance is handed down, and the principle means of its testing and growth. The defense of the freedom to read requires of all publishers and librarians the utmost of their faculties, and deserves of all Americans the fullest of their support. We state these propositions neither lightly nor as easy generalizations. We here stake out a lofty claim for the value of the written word. We do so because we believe that it is possessed of enormous variety and usefulness, worthy of cherishing and keeping free. We realize that the application of these propositions may mean the dissemination of ideas and manners of expression that are repugnant to many persons. We do not state these propositions in the comfortable belief that what people read is unimportant. We believe rather that what people read is deeply important; that ideas can be dangerous; but that the suppression of ideas is fatal to a democratic society. Freedom itself is a dangerous way of life, but it is ours. This statement was originally issued in May of 1953 by the Westchester Conference of the American Library Association and the American Book Publishers Council, which in 1970 consolidated with the American Educational Publishers Institute to become the Association of American Publishers. Adopted June 25, 1953; revised January 28, 1972, January 16, 1991, July 12, 2000, June 30, 2004, by the ALA Council and the AAP Freedom to Read Committee. A Joint Statement by: American Library Association Association of American Publishers The Media Institute National Coalition Against Censorship National PTA Parents, Families and Friends of Lesbians and Gays People for the American Way Student Press Law Center The Thomas Jefferson Center for the Protection of Free Expression Endorsed and reaffirmed by the Tigard Library Board, September 8, 2005. Tigard Public Library Adopted by the Tigard Library Board September 8, 2005 Tigard Public Library Exhibit and Display Policy The Tigard Public Library welcomes exhibits and displays. Exhibits and displays in the library offer a means for public expression by individuals and groups in the community as well as enrich the library by allowing it to serve in a community forum role. The purpose of this policy is to provide fair and consistent standards for the use of exhibit areas in the library, thus ensuring appropriate use of these spaces in a manner that is consistent with the library's other service objectives. The library welcomes the use of the display areas by the public, with priority given to the residents of Tigard in cases of date conflicts. The Tigard Public Library is committed to following guidelines for display set out in the Library Bill of Rights written by the American Library Association. In particular, Article I of the Library Bill of Rights states, "Materials should not be excluded because of the origin, background, or views of those contributing to their creation." Article 11 of the Library Bill of Rights states, "Materials should not be proscribed or removed because of partisan or doctrinal disapproval." Article IV maintains that exhibit space should be made available "on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use." 1. Display Policy and Purpose A. The Library functions as an intellectual and cultural resource for the community. Displays are a means through which the public can visually share experiences, appreciate special interests, and exchange information. B. When not being used to promote library-related or City of Tigard activities or services, display and exhibit spaces are available to community groups engaged in educational, cultural, intellectual or charitable activities and will be provided on an equitable basis to any such group which goes through the application process. The library reserves the right to designate and limit space, size, and location of displays or exhibits. C. Exhibit areas are accessible on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use. Those who object to or disagree with the content of any exhibit are entitled to submit their own exhibit, which will be judged according to the policies established by the library. D. The library will not act as an agent for the exhibitor. Those exhibiting are encouraged to post a statement about their work, but price tags or the posting of price lists are not permitted. E. In general, the library does not accept commercial notices for any group unless they have a special educational, informational, or cultural value to the community. The library does not accept any materials being offered for sale to the public unless the proceeds are intended to directly benefit the library. Tigard Public Library Adopted by the Tigard Library Board September 8, 2005 F. Display areas include but are not limited to: 1. Display cases in public areas of the library 2. Designated wall spaces in the Community Meeting Room No exhibits may be mounted by the public outside of the exhibit area defined in this policy, as they may interfere with other library operations and public safety, and present a cluttered appearance. II. Display Guidelines A. Displays are accepted at the sole discretion of the staff contact person and/or the Library Director. They should be designed as expressions of culture, have educational value, and promote the use of the library. B. The library has the right to review the materials before the exhibit is set up. The library will not accept displays, exhibits, posters, etc. which are judged either illegal, offensive or inappropriate for a public library setting (i.e. one that is free and open to persons of all ages). The decision of the Library Director may be appealed to the Tigard Library Board. The decision of the Library Board may be appealed to the City Council. C. Displays and exhibits will be accepted as long as they do not interfere with the daily conduct of library business and as long as it is made clear that the library does not necessarily endorse their contents or points of view. Displays and exhibits will be approved and scheduled as space permits. The sponsoring group or individual is responsible for creating the display, setting it up according to schedule, and removing it before the next scheduled display or exhibit. D. The fact that an organization or person is permitted the use of a library exhibit area does not in any way constitute an endorsement by the library of their policies or beliefs and no claim to that effect may be used in advertising. Adopted by the Tigard Library Board September 8, 2005. Tigard Public Library Adopted by the Tigard Library Board September 8, 2005 GIFT POLICY The Tigard Public Library actively encourages gifts of library materials, money or real property that will help the library better serve the needs of the community and enrich and improve the library resources. The City reserves the right to accept or reject any gift, donation, endowment, bequest, or trust. When funds are donated for specific purposes, the amount and nature of the expenditure must be approved in advance by the City. All gifts (money or materials) become the sole property of the library. Rules Books and Other Library Resources - The library welcomes gifts of print and non-print materials, with the understanding that gifts of materials will be added to the collection only if they meet the same standards required of materials purchased by the library, as described in the Collection Development Policy. Gift materials not meeting those standards may be given to the Friends of the Tigard Library for their book sales, donated to other libraries or organizations, recycled, or discarded. Gift materials will be integrated into the regular library collection in normal sequence, available to all library patrons, and otherwise handled as any other material belonging to the library. The library is not obligated to keep donated materials for any length of time and does not accept responsibility for notifying donors of withdrawal or replacement of gift items. The library will not accept the following types of materials: those that are soiled, torn, moldy or damp; periodicals, except the Oregon Historical Quarterly; textbooks; encyclopedias; condensed or abridged materials. Collections - Gift collections will be accepted only by the Director, with the counsel of the Library Board as appropriate, and with the understanding that the collection may not be kept intact. Monetary Gifts - Monetary gifts will be utilized by the library to purchase materials or equipment, support library programs, or in other ways the Library Board and the City deem appropriate. The library welcomes gifts of cash for the direct purchase of library materials and will try to accommodate the subject or title preferences of the donor in so far as they coincide with the Collection Development Policy. A bookplate recognizing the donor will be affixed to the material if desired. Substantial cash offerings, securities, and bequests will be handled by the Director, who, with the Library Board, will work out terms of Tigard Public Library Adopted by the Tigard Library Board September 8, 2005 acceptance that are compatible with library policies, the donor's intent, City policy, and the applicable laws. Gifts of Works of Art - Works of art will be accepted only by the Director with the counsel of the Library Board as appropriate. The Library Director may request that an art work be accompanied by a current appraisal of value, evidence of provenance and documentation describing the reputation of the artist. An appropriate deed of gift, or a similar document, transferring sole and exclusive ownership of the art work to the Library will be required. The Library Director, in consultation with the Library Board and staff as appropriate, will determine the placement and/or display of any art work in and around the environs of the library. A plaque describing the artist and work may be installed at or near the work of art. The Library reserves the right to approve the wording, size, location and style of the plaque. Memorial and Celebration Contributions - The library welcomes monetary gifts for the purchase of library materials in memory or recognition of individuals. Suggestions by donors concerning specific titles or subject areas are encouraged and will be respected in so far as they coincide with the Collection Development Policy. The names of the donor(s) and the individual(s) recognized by the gift will be listed on a bookplate and affixed to the material. A letter will be sent to the honoree or to his or her family to let them know about the gift. A letter of acknowledgment will go to the donor as well. Recognition of Monetary Gifts - The Donor Board recognizes monetary gifts given to the Friends of the Library, the Library and the Library Foundation. Gifts recognized on the Donor Board are cumulative. Memorial gifts will be listed in the name of the person memorialized with acknowledgment sent to the donor. Gifts of $10,000 or More Gifts of $1,000 to $9,999 Gifts of $100 to $999 Gifts Under $100 Real Estate or Other Personal Property - The library will accept gifts of real property that support the mission of the library. Such offers will be handled by the Director, who, with the Library Board, will determine the suitability of the gift and work out terms of acceptance that are compatible with library policies, the donor's intent, City policy and the applicable laws. Tigard Public Library Adopted by the Tigard Library Board September 8, 2005 Friends of the Tigard Library/Tigard Public Library Foundation - Donations to support the library's services and programs may also be submitted directly to the Friends of the Tigard Library or the Tigard Library Foundation. The Friends and Foundation are tax-exempt 501(c)3 organizations. Tax Deductions - Donors are encouraged to contact their tax advisor prior to making substantial gifts to the library, the Library Foundation, or the Friends of the Tigard Library. The library will provide a written acknowledgment of the receipt of gifts upon request, but will leave the determination of a value of the donation to the donor. Adopted by the Tigard Library Board September 8, 2005 Tigard Public Library Adopted by the Tigard Public Library September 8, 2005 Reference Services Policv 1. Philosophy of Service: Good reference service involves identifying the patron's information need and proceeding to fill that need accurately, efficiently and courteously using the resources available to the librarian in print and/or electronic format; also to include consultation with colleagues and referral to other agencies if necessary and appropriate. The Library's building will not serve as a boundary to reference service so that inquiries will be accepted electronically, via Fax and telephone, as well as those made in person. II. Definition of Reference Service: Reference service takes a variety of forms including direct personal assistance, use of directories or signage, exchange of information found in a reference source, readers' advisory assistance as well as assistance with direct end-user access to library computers and electronic resources. III. Reference Standards: A. Librarians will assist patrons in the use of the Library's resources and teach basic research skills when needed and/or requested by the patron. B. Librarians will handle all information requests. If information is available, it is provided to the patron without judgment on its worth or significance. C. Each information query will be considered to be of equal merit regardless of the age, gender, ethnicity, disability, sexual preference, English language proficiency or status of the individual making the query. D. Librarians will provide bibliographic verification of items both in the Library and not owed by the Library and will assist patrons in obtaining materials through interlibrary loan when appropriate. E. Librarians will rely upon information obtained from authoritative sources to ensure accuracy. Staff will avoid giving personal opinions, philosophy or evaluations of information. Citations for information found will always be provided. IV. Parameters of Service: A. Maximum time to be accorded in-person patrons will be determined by the pace of activity in the reference area, the number of available staff and the librarian's professional judgment as to the library's capacity to fulfill the patron's needs. B. Using experience and professional judgment, librarians will refer those questions deemed beyond the scope of knowledge or resources available to the "second level reference" service. This service is provided through the State designated regional centers. C. Telephone reference is intended to provide short, factual information and therefore be of relatively short duration. When the demands of in-person Tigard Public Library Adopted by the Tigard Public Library September 8, 2005 service exceed staff time available, callers will receive a message explaining that a librarian will return their call as soon as possible. This means that in-person patrons will receive priority over those calling on the telephone or sending a query via email. D. With the implementation of virtual or "chat" reference service, librarians will provide real-time response to queries using web-based email technology. On implementation, schedule and length-of-session boundaries for real-time service will be established and publicized. Adopted by the Tigard Public Library September 8, 2005. AGENDA ITEM # 3 FOR AGENDA OF September 27, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY 0 ISSUE/AGENDA TITLE Approval of a Cost of Living Adjustment for Management/Supervisory/Confidential Group Employees effective October 1 2005 and amendment of the salar schedule PREPARED BY: Sand Zodrow HR WE EPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the Council approve a 2.3% cost of living salary adjustment for Management/Supervisory/Confidential Group Employees to be effective October 1, 2005. STAFF RECOMMENDATION Pursuant to Council direction at its September 13, 2005 meeting, approve the cost of living adjustment for Management/Supervisory/Confidential Group Employees to be effective October 1, 2005. INFORMATION SUMMARY Approximately 82 employees belong to the Management/Supervisory/Confidential Group and are not represented by a collective bargaining agreement. Each fiscal year the City Council considers and makes a determination on a cost of living increase (COLA) for this group of employees. The last COLA adjustment made for this group was October 1, 2004. The Tigard Police Officers Association received a 2.5% increase in July 1, 2005 and the SEIU/OPEU group will receive a cost of living adjustment of 2.3% effective October 1, 2005. A cost of living adjustment assists the City in maintaining a competitive market position with regard to its salaries. In prior years the Council has considered and elected to provide a cost of living adjustment for the Management Group which is consistent with that provided to the SEIU/OPEU bargaining unit. The City Council considered this matter at their September 13'h meeting. This agenda item reflects Council's direction at that time. OTHER ALTERNATIVES CONSIDERED VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST 1. Proposed Resolution with Exhibit A: Salary Schedule for Management/Supervisory/Confidential Group effective October 1, 2005. FISCAL NOTES The total cost of this increase has been budgeted for FY05-06. I:ladmtpacket'05%05092Aagenda item summary sheet. mgt cola 10-05doc.doc AGENDA ITEM # L4 - `4 FOR AGENDA OF 9/27/05 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Council Consideration of the Urban Renewal Proiect Public Outreach Plan PREPARED BY: Duane Roberts DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE CITY COUNCIL Should City Council approve a resolution adopting the revised Urban Renewal Project Public Outreach Plan? STAFF RECOMMENDATION Staff recommends Council approve the proposed resolution adopting the Urban Renewal Project Public Outreach Plan, as modified at the City Center Development Agency (CCDA) September 13th meeting where the Plan was discussed in detail. INFORMATION SUMMARY In June 2005, Council authorized the hiring of Norton-Arnold & Company to help select the best strategies to engage the community and foster citizen understanding of the Urban Renewal Plan. The product of the consultant's work effort is the Urban Renewal Project Public Outreach Plan. This Plan took shape under the . guidance of the City Center Advisory Commission (CCAC). The CCDA reviewed and discussed the Urban Renewal Project Public Outreach Plan on September 13, 2005. OTHER ALTERNATIVES CONSIDERED None considered. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character and Quality of Life/Central Business District Goal #1: Provide opportunities to work proactively with Tigard Central Business District Association business and property owners and citizens of Tigard to set the course for the future of the Central Business District. ATTACHMENT Attachment 1: Proposed Resolution Adopting the Urban Renewal Project Public Outreach Plan Exhibit A: Urban Renewal Project Public Outreach Plan. FISCAL NOTES The dollar amount of the outreach consultant contract was $30,000. i/citywide/sum/ccac.outreachplan. adopt AGENDA ITEM # '-1, 5 FOR AGENDA OF 9/27/05 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Community Development Block Grant Project CDBG Proposal ,::5_0~ PREPARED BY: Duane Roberts DEPT HEAD OK Vm CITY MGR OK . GP ISSUE BEFORE THE COUNCIL Should Council approve a resolution endorsing the submittal of a Community Development Block Grant project application? STAFF RECOMMENDATION Adopt the attached resolution authorizing submittal of the application. 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 last year, the County transitioned from a multi-year to an annual intake period. It currently is accepting project proposals for the 06/07 funding year. The application deadline is 10/11/05. Last year, the City requested grant funding for sidewalk improvements along SW Garrett Street. However, this project was not selected for funding. The same project is proposed for re- submittal during the current funding cycle. This project will alleviate the problem of unsafe pedestrian conditions through the installation of sidewalks and associated improvements along SW Garrett Street. The improvements will provide a safe, secure, and convenient pedestrian route to services, shopping opportunities, and TriMet and school bus stops. The sidewalk in-fill also will help retain neighborhood character and livability. A map showing the location of the proposed improvements is attached as Exhibit A to the resolution. City Finance Department review of the project for financial, budgetary, and purchasing requirements has been completed. Copies of the draft proposals are available in the City Recorder's office. OTHER ALTERNATIVES CONSIDERED Do not submit the proposal. CADOCUME-1\Cathy.000\LOCALS-I\Temp\GWViewer\9-27-05 Block Grant AIS.doc The sidewalk project is 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: Resolution supporting an application for federal assistance for constructing sidewalk and related improvements along both sides of Garrett Street Exhibit A: Garrett Sidewalk Improvements Map FISCAL NOTES The amount of the grant funds requested is provided below. City cash and in-kind contributions are proposed. 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 06/07 City Gas Tax and Storm Drainage Funds. Project Grant Dollars City Cash City In-Kind 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. 1ACDADWERREE\Agenda Sum\9-27-05 Block Grant AIS.doc AGENDA ITEM # FOR AGENDA OF September 27, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Introduction and Welcome of the Delegation from BalikpVan and Samarinda, Indonesia PREPARED BY: Margaret Barnes DEPT HEAD OK /_0 CITY MGR OK ISSUE BEFORE THE COUNCIL Please welcome to our community: Mr. Salgiman Mr. Lamri Amat Mrs. Dar ati Husain Mr. Fachruddin Adnani Mr. Walidi Condro STAFF RECOMMENDATION Greet and welcome the Indonesian Delegation to the City of Tigard. INFORMATION SUMMARY Tigard is currently participating in a Resource Cities program funded by USAID and administered by ICMA. This program has paired Tigard with two Indonesian cities, Balikpapan and Samarinda. Tigard is currently working on approved work plans with these two communities to improve environmental education opportunities, as well as water system improvements. One Indonesian delegation of educators has already toured the Tigard area. This delegation of educators will report progress on goals and programs established in August when Tigard's delegation visited them. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None ATTACHMENT LIST None FISCAL NOTES This program is primarily financed by USAID and administered by contract to ICMA. Tigard will be responsible for some incidental costs including some meals, gifts and materials for the delegation members. AGENDA ITEM # FOR AGENDA OF September 27, 2005 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Legislative Update from State Senator Ginny Burdick and State Representative Larry Galizio PREPARED BY: Joanne Bengtson DEPT HEAD OK lQ CITY MGR OK ISSUE BEFORE THE COUNCIL Council and legislative representatives will discuss issues affecting the City of Tigard and State Senator Ginny Burdick and State Representative Larry Galizio will provide an update on the local issues before the Legislature at this time. STAFF RECOMMENDATION Identify issues of interest or concern to Senator Burdick and State Representative Galizio. INFORMATION SUMMARY Senator Burdick and Representative Galizio were contacted and agreed to meet with the City Council to provide an update on the 2005 Legislative Session. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character and Quality of Life - Communication Goal - Citizen involvement opportunities will be maximized by providing educational programs on process, assuring accessibility to information in a variety of formats, providing opportunities for input on community issues and establishing and maintaining two-way communication. ATTACHMENT LIST No attachments. FISCAL NOTES None i:\admkity councilbouncil agenda item summaries\2005\ais for burdick - galizio update 050927.doc8/22/05 AGENDA ITEM # FOR AGENDA OF 9-27-05 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Consider a Resolution Accemin the Tigard Downtown Improvement Plan PREPARED BY: Denver laarta DEPT HEAD OK v ~J ITY MGR OK ISSUE BEFORE THE UNCIL Should Council adopt a resolution accepting the Downtown Improvement Plan? STAFF RECOMMENDATION Review and adopt the Resolution accepting the Tigard Downtown Improvement Plan. INFORMATION SUMMARY In 2004, the City received a Transportation and Growth Management (TGM) grant from the Oregon Department of Transportation (ODOT) to create the Tigard Downtown Improvement Plan. In May 2005, the TGM grant project deadline was extended to September 30, 2005. In March 2004, the Downtown Task Force was expanded to work with the Tigard community, City staff and project consultants on developing the community's vision and plan for the revitalization and growth of Downtown Tigard. The Tigard Downtown Improvement Plan (TDIP) is a long-term (20-30 year) plan providing a practical strategy for a community-supported, financially sound Downtown improvement effort to create a vibrant and active urban village at the heart of the City. The TDIP envisions a Downtown which is pedestrian oriented, accessible by many modes of transportation, recognizes and uses natural resources as an asset, and features a combination of uses that enable people to live, work, play and shop in an environment that is uniquely Tigard. The implementation program is focused on realizing eight "catalyst projects" identified for their potential to substantively alter the development environment of Downtown Tigard. Other implementing projects are identified to help achieve public policy objectives related to the transportation system, land use, funding sources, and organizational follow-up. The plan recommends that the City develop and maintain a short-term strategic action plan for incrementally implementing the TDIP's recommendations for improvements and actions. The Incremental Implementation Strategy would be a three-year, renewable/rolling action plan that would be regularly updated. Accepting the TMG grant products will lay the foundation for the implementation of the long term plan for revitalizing the Downtown area. OTHER ALTERNATIVES CONSIDERED None considered. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth & Growth Management Goal #1: Growth will be managed to protect the character and livability of established areas, protect the natural environment and provide open space throughout the community. ATTACHMENT LIST Attachment 1: Proposed Resolution Accepting the Findings and Recommendations of the Tigard Downtown Improvement Plan detailing the community's vision, goals, and implementation framework to revitalize Downtown Tigard Exhibit A: Binder containing TGM grant products and Downtown Improvement Plan FISCAL NOTES The City Center Urban Renewal Plan, currently being developed by the City Center Advisory Commission, will identify funding sources and a schedule for the implementation of the improvements included in the TDIP. 199Cmtpacket'95t050927%9-27-95 tdip acceptance els.aoc Tigard Downtown ~Task Force History Improvement Plan 4;;, ■ Summer 2002- Dialogue initiated on A Plan, for the Heart of Tigard- Commuter Rail & Downtown Revitalization 's~'^~ ti w, ■ Nov 2002 - Task Force appointed ■ Mar 2004 -Task Force expanded ' - f ■ 2004-2005 - State TGM Grant -i ■ Result of this 3 year effort... Gty Council Presentation The Tigard Downtown Improvement Plan September 27, 2005, , sd P _ ! p What i's the, Plan? Plan Objectives° Our Community's... ■ Carry out Council Goal to revitalize Downtown ■ Build on the good bones and foundation of ■ vision - Guiding Principles and Ran Concepts community-based planning ■ Direction - Preferred Design Atemative & Catalyst Projects ■ Serve the future need for an active, mixed-use ■ Commitment to Action -Implementation Strategy urban village ■ Create a uniquely Tigard Town Center ...for the future of Downtown Tigard. ■ Meet Metro objectives for a Town Center a Existing Physical, a i Purpose of the Plan F33 ; Context. ■ A blueprint for the evolution of Downtown Plan Area Boundaries: over the next 20-30 years. ~ ■ Integrate anticipated and desired changes Central Business District (CBD) into a dear and coherent strategy .Yh. ■ Prevent uncoordinated development z 1 P Plan Vision, Guiding.' Principles a vibrant and active urban village at the heart of our ■ Reflect the commun Ity's values and cultures community that Is pedestrian oriented, accessible by ■ Possess the qualities essential to succe ssful downtowns many modes of transportation, recognizes and uses ■ Recognize the value natural resources provide natural resources as an asset, and features a ■ Capitalize on Commuter Rail and Fanno Creek as combination of uses that enable people to live, work, play and shop In an environment that Is uniquely Tigard. catalysts for future investment and development Guiding Principles; Guiding Principles - ■ Transportation system should be multi-modal, connecting ■ Make creative use of unused and underutilized people, places and activities safely and convenient ly properties while building upon Tiga rd's history ■ Streetscape and public spaces should be pedestrian ■ Should be outcomes-based and action oriented with an friendly and not visually dominated by the automobile array of key signatu re programs ■ Plan should be forward thinking, with objectives and ■ City codes and regulations should enabl a the Plan's actions setting up future successes vision to be carried out Community, ' "Preferred", Design P° Outreach Alternative... Citizen-based Process Vision: Downtown's role in Tigard: ■ Citizen Task Force m;.~.nn ■ TF Working Groups ■ A focal point for people to ■ Community Dialogs $ c W" live, work, play and conduct i business (both personal and ■ Public Workshops w n.nopri x~': 'RJlnad Pnlpn civic) °•m• ■ Special Outreach is ■ Technical Advisory Committee Ni W,,,h,p„ ■ The heart and soul of the FIT __11 RRxntlh• community PC t • i MAIL 2 What are the "bones" Foy w ,j . Opportunities for Ea°.w we re building upon? enhancement' f 3 \ ` \ \ curf5 m r How do we frame our ~~F y How do we organize plan.' ' our future?' a<, YnN You've got your plan'i Land Use andDensi `l E v y- ` O Overall Concept: Mixed Use Urban Village fi ■ Medium density (2-8 stories) - - ' ■ 2,000 households ■ 4,000 employees ■ All modes of transportation ■ Maintain historic focus on Main Street 3 Land Use and Density` Transportation System Overall Concept (cont'd) ■AII modes of transportation ■Fanno Creek: "Heart" of Downtown ■Commuter Rail as asset - Performing Arts/Recreation Center Mixed use commercial/residential devt. -Open space, Farmers' Market ■Ash Ave ■ Hall Blvd Downtown Gateway -Overlook, ped/bike bridge, future rail x-ing - Retail and housing ■Green Street and Streetscape Plan, stds ■"Urban Creek" linking Gateway to Creek - Major identifiable public amenity But... you're not done! 04 ~ Catalyst Programs`, Focal point for action: Programs and r} projects that stimulate and "jump start" development activity Examples: ■ Streetscape improvements !IdL Fanno Creek public area ■ Hall Boulevard Downtown Gateway ■ Green Corridor and Urban Creek Where do we go~from Catalyst Programs here? "Launching" catalyst projects and ■ How do. we pay for it? programs requires: ■ Are there additional studies or unanswered questions? ■ Basic, foundational steps and studies ■ How do we initiate action? ■ Setting the stage ■ How do we maintain our momentum? ■ Building capacity for action ■ How does the plan get carried out over nL Im lementation: p Implementation UPRI~~ fundingRe9ulato Chan9g e rY ■ Recommending Urban Renewal District ■ Proposed new "base" zones to guide uses as key tool for Downtown improvement ■Proposed overlay zones to preserve ■Tax incentives, grants, special districts options for catalyst projects ■ Public-private partnerships _ Green Corridor/Urban Creek Overlay - Community workshop - Fanno Creek Open Space Overlay ■Action: Land assembly ~v ~i Ly Implementation: , Implementation Strategy Action 'Plan ~ ■ Group, phase actions where leveraging Incremental Action Plan can occur ■ Regular examination of progress ■ Consider focusing upon designated toward achieving guiding principles target areas ■ Rolling, three year plan (CIP) ■ Identify actions needing to occur in ■ Develop Incremental Action Plan each of next three years to get set-up ■ Continuous monitoring, regular for the next year reporting ■ Regular reporting to Council Irnplementatio' . l ~ Working Groups THANK YOU! ....C Ity Connell"„' X ~ 1 ~ cann ng a commissio } Downtown Task Force- l~ BrandTlgero~ nr.,~lyet- Lend Uso a ~ ~ fmrdl P th. Idle ♦enen. roetlrod le MO,delery ham..wk c { tlnnnlhon lhldonllh neYU'eeldYtl' le emry oW lM nen ~ • aoe.Me.nnseti aesrmn• Downtown Task Force 5