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City Council Packet - 04/25/2006 tIGARD CITY OF ORF.GON coutAc - TIGARD 1111 - l P WISED _ . E TEE u EETIN~ ~CIL M COO 1:~0 \Donn~ $tiGCOO 0503) b84"2772 b34 171 TDD OR 97223 (503) ard, 13125 5W Hall Btvd., T19 City: of Tigard, Oregon Affidavit of Posting . TIGARD In the Matter of the Proposed Ordinance(s) .0 (D _ C)q STATE OF OREGON ) County of Washington ) ss. i. City-of Tigard ) . I; DiQ nil 01- G✓ being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) D b O 7 , which were adopted at the City Council meeting of~ with a,copy(s) of said Ordinance.(s) being hereto attached and by reference made a part hereof, on the day of 1. Tigard City Hall, 13125-SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library; 13500 SW Hall Blvd., Tigard, Oregon 3. Tigard Permit Center, 13125 SW -Hall Blvd., Tigard; Oregon Signature of Perso who Performed Posting Subscribed and sworn (or affirmed) before me this. P-7 day of , *212 20, d6 OFFICIAL SEAL JILL M BYARS NOTARY PUBLIC-OREGON Signature of Notary Publ c for Ore on COMMISSION NO 381793 g j MY COMMISSION EXPIRES JUNE 14, 2008 r • QTY OF TIGARD, OREGON TIGARD QTY COUNCIL .ORDINANCE NO. 06- Oq AN ORDINANCE' ANNEXING "3:525 ACRES, .APPROVING WILSON RIDGE NO. 2,' ANNEXATION (ZCA2005-00005);'AND WITHDRAWING PROPERTY. FROM THE TIGARD 'WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL , DISTRICT, WASHINGTON: COUNTY URBAN . ROADS MAINTENANCE - DISTRICT, WASHINGTON COUNTY STREET LIGHTING DISTRICT. # 1, AND THE WASHINGTON COUNTY VECTOR CONTROL DISTRICT. WHEREAS,. the City of Tigard 'Js authorized by ORS '222.120(4) (B) and' 222.170 to initiate an annexation upon receiving consent in writing -from a majority-of the' elector's registered in the territory . proposed to be annexed and written consent from owners of more than half the land in the territory proposed to be annexed; and. WHEREAS, the City of Tigard.is authorized by ORS 222.120(5) and, 222.520 to withdraw properties which currently he within the boundary of the Tigard Water District, the Washington County Enhanced 'Sheriff's Patrol District,' Washington., County Urban. Roads Maintenance District, ' Washington County. Street Lighting District # 1, and the Washington County Vector. Control District. upon .completion of the annexation; and WHEREAS; the Tigard City .Council. held a public : hearing on'' ;April 25,"2006, to consider the. annexation of two parcels of ..land and portions of the. rights-of-way of both SW Bull Mountain Road. and SW 133rd Avenue for a total of 3.525 acres and withdrawal of said property from the Tigard Water District, the Washington County Enhanced Sheriff's. Patrol District,' Washington County Urban Roads Maintenance District, Washington County Street Lighting District # 1, and the Washington County. Vector Control District; and' WHEREAS, pursuant to ORS. 222.520(2) the City is liable''to the Water District for certain debt obligations, however, in this instance the Water District has no debt for the City to assume; therefore, no option regarding the assumption of debt needs-to be made;,and WHEREAS, pursuant to Metro 3:09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of the annexation into the City and withdrawal of the annexed. property from the ' Tigard, Water District, the - Washington County Enhanced Sheriff's Patrol District, Washington, County Urban' Roads Maintenance District, Washington County Street Lighting. District # 1, and the Washington County Vector Control District on April 25,2006-'and , WHEREAS, pursuant to :ORS 222.524; the City must declare the withdrawal of annexed properties from the Tigard. Water - District, the * Washington County Enhanced Sheriff's Patrol., District, Washington County Urban Roads Maintenance District,' Washington County Street: Lighting District # 1, and the Washington, County Vector Control District by Ordinance; and . ORDINANCE NO.-2006- 0,4 ZCA2005-00005 Mson Ridge No. 2 Annexation Page 1 of 3 WHEREAS, the Tigard Development Code states that upon, annexation, : the zone is automatically' changed to the City zoning most closely conforming to, the County zoning; and WI AREAS', the current zoning district is R 7, . an existing City zone, that has been . adopted by the County and the zoning after, annexation would, remain R-7 ' so that 'no zone change is necessary, and by annexation the Comprehensive Plan,of,the Qtyof Tigard.goes into effect; and WHEREAS, the annexation has been processed in accordance with -the requirements, of Metro' 3.09 and' has been reviewed for compliance with the .Tigard Community Development Code.and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and " "WHEREAS, the City Council . has carefully 'considered the 'testimony at the public hearing and determined that withdrawal of the annexed properties from the applicable service districts is in the best interest'of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION_ 1: The Tigard', City, Council hereby annexes the parcels described. in the attached Exhibit "A" and shown'in Exhibit,F'B" and'-withdraws said parcels from the Tigard Water District, the ' Washington County Enhanced Sheriff's Patrol District, " Washington , County,Urban Roads Maintenance District, Washington County Street, Lighting District. # 1, and the Washington County Vector Control District. SECTION 2: The Tigard _Gty.Council adopts, the "Staff rReport to the qty Council" as findings in support of. this decision; a copy is attached .hereto as Exhibit D and incorporated herein by this, reference. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 4:. . City, staff is directed to take all- necessary measures ; to implement the* annexation; . .including, certified copies of,-:, the Ordinance with Metro for-" adrAinistrative processing, filing with state. and county agencies as: required-by law, and providing notice to utilities. SECTION 5: Pursuant toy ORS 222.120(5), the effective date of the withdrawal of the property from the Washington County Enhanced;, Sheriff's Patrol District, Washington County Urban Roads "Maintenance District, Washington County 'Street Lighting District ",.1, and ''the', Was hington County Vector Control District shall be the effective date of this'.arinexation., " SECTION 6: Pursuant to ORS 222:465, the'effective date of the withdrawal of this property from the Tigard„ Water District; shall be July,1, 2007. SECTION 7:. In accordance with ORS 222.180; the annexation shall'be'effective upon filing with the ,Secretary of State. ORDINANCE NO.2006- 1 ZCA2005 00005 Wilson Ridge No. 2 Annexation Page 2of 3 PASSED: By 'U (1tV7) r? 0US ' vot of- Al, Coun it members present after being read by number and title only, thisc;~5 - day of -~t~ L - , 2006. Catherine Wheatley, City Recorder ; APPROVED:. By Tigard City Council this'day of 5;2006. - Maywr Nick Wilson, Council Ap roved as to form: President Attorney Date - :I y is ORDINANCE NO.2006- ZCA2005-00005 Wilson Ridge No. 2 Aiinexadon Page 3 of 3 Nbv. ,4. 2005.:.10 38AM 'Al ph, a 'Community. Development EXHIBIT A COMMUNITY DEVELOPMENT LEGAL DESCRIPTION' JOB NO. 402-027 WILSON RIDGE NO.2 ANNEXATION A PARCEL OF LAND LOCATED'IN'TTHE NORTHEAST ONE-QUARTER OF SECTION 9, TOWNSHIP 2 - SOUTH, RANGE -1 . WEST; WILLAMETTE MERIDIAN, - WASHINGTON , COUNTY,.OREGON, DESCRIBED'AS FOLLOWS:'. _ BEGINNING _AT-A POINT ON THE NORTHERLY RIGHT-OF-WAY UNE OF S.W. BULL MOUNTAIN ROAD (COUNTY ROAD NO. 251.5) LYING 20.00 FEET, RIGHT-ANGLE MEASURE, NORTHEASTERLY .OF THE CENTERLINE, FROM WHICH THE SOUTHWEST CORNER OF PARCEL 20F PARTITION PLAT NO. 2004-086 BEARS SOUTH 59°2007" EAST, 57.18 FEET; THENCE ALONG SAID LINE NORTH 590'07"' WEST, 542.89 FEET TO A POINT ON. THE NORTHERLY RIGHT-OF-WAY UNE.OF S.W. BULL MOUNTAIN ROAD, SAID POINT BEING. THE INTERSECTION WITH THE NORTHERLY. EXTENSION, OF. THE WESTERLY RIGHT-OF-WAY LINE OF S.W. 133RD AVENUE LYING 25.00 FEET, RIGHT ANGLE MEASURE, WEST OF THE CENTERLINE OF S.W. 133RD AVENUE; THENCE ALONG SAID, EXTENSION- AND WESTERLY RIGHT-OF-WAY LINE SOUTH 00°31125" EAST, 433.67 FEET, THENCE SOUTH 88°28'35 EAST, 50.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY UNE.OF.S:W. 133RD AVENUE;"SAID POINT-ALSO BEING THE SOUTHWEST -CORNER OF THE PROPERTY DESCRIBED IN DEED DOCUMENT. NO. 9206267.4; THENCE ALONG THE SOUTH LINE OF SAID PROPERTY SOUTH 89°2635" EAST, 201.50 FEET TO'THE SOUTHEAST CORNER OF SAID, PROPERTY; THENCE ALONG THE MOST SOUTHERLY WEST LINE. OF THE PROPERTY DESCRIBED IN DEED DOCUMENT NO. 97046401 TO THE SOUTHWEST CORNER OF SAID PROPERTY SOUTH Ol 031"187, WEST, 44.14 FEET, THENCE SOUTH 88046"45 EAST, 235.56 FEET TO.. THE SOUTHEAST CORNER OF SAID PROPERTY SAID POINT ALSO BEING A POINT ON THE. WEST LINE OF THE PROPERTY DESCRIBED. IN DEED DOCUMENT NO. 97048724; THENCE ALONG SAID'UNE NORTH 01°13'18". EAST,. 1.56.30 FEET TO A' POINT ON THE SOUTH RIGHT-0F-WAY LINE OF'S.W. BULL MOUNTAIN, ROAD; THENCE'ALONG' SAID LINE NORTH 59°20'0T' WEST, 13.88 FEET TO A POINT WHICH IS THE INTERSECTION OF. SAID LINE WITH, THE SOUTHERLY EXTENSION OF THE WESTERLY RIGHT-0F-WAY LINE OF S.W.fORAN TERRACE; THENCE ALONG SAID LINE NORTH 01°38'36 EAST, 45.74 FEET TO POINT OF BEGINNING. CONTAINING APPROXIMATELY 153,541 SQUARE FEET OR 3.525 ACRES. THE BASIS OF BEARING'FOR THIS DESCRIPTION IS WASHINGTON COUNTY SURVEY.'. NO.29,9.60. REGISn RIED , PROFESSIONAL IJM SURVEYO NAprgJ\=-027\Word\LEGAL DESCRIPTI0N_WILSONRIDGE2_dx ~ 1 ORE N VARY 16, 1998 CRAIG WM. FOR BES ~ Plaza West - Suite 230 - 9600 SW Oak -:.Pcdond,- Oregon 97223 2739 Office S03'452-M -''Fax 503 452.5043 , n~ 2S 1 09AC .2S 1 09AC I~ ` ] d +oy.e. m i__.- _ Fr I _ 1_ - _°c8 It ..r: a-"°-'_°__'-__•-. -_a,. __T 2 ,A e' ,g. 8 t ( ruw arov W ~•Vw -~'1j d m z T S _ I~ - I 19• ` II 'M.. e'--- RI IL Lava 1, I aaw . F" o• a. m r 'tis R ',w .c ^.I . I I f °v I W Z & ao L ,;vww' I .,,,a w I R 30 W a 9 ! M 1 a,.c ' 'r•• b~ i,, 'a .m ya. .I, aav I E- I f ®K Q I s 2200 Q iR r-rotes 1 l ,l r't_ $Rla _ 2:3-7!g1.3 R 0 I i W Y, F a 18 ~a e,. a _ . I ,12. 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FOR OTHER USE 1100 8 ' - I.'•.. va°,rane...arwa.an«t_m.m:an.oounarcy,.° >H .ea- s. tlj- IU `752 ..i.,i ai8 sa -el 1 v - , - - - - 4= a 3 bl"'1 -_°1 '!Y F'~ ss 9jl.-. 4x-- c53 50 s;..fi~ mad o .aa- TIGARD 2S1 09AC 2S 1 09AC ~ EIg211.09 . ©Revised 4/21 /06 (Revised order of agenda items; moved Update of Emergency Management rogram an p a e on Council o s to 0 ow e . . Wilson Ridge Annexation Public Hearing.) , TIGARD CITY COUNCIL & LOCAL ` CONTRACT REVIEW BOARD MEETING April 25,-2006' .6:30.p.m. TIGARD CITY HALL 13125 SW HALL BLVD _ TIGA RD, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the'. appropriate sign-up sheet(s). If n'o sheet is available, ask to be recognized by. the Council President 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 7:3012.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 (MD '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.Deao. SEE ATTACHED AGENDA COUNCIL AGENDA'- APRIL 25,2006 page 1 . AGENDA TIGARD CITY COUNCIL'MEETING :APRIL 25, 2006 6:30 I'M • STUDY SESSION > Update on City Hall Civic Studio . • IT Staff > Amend Management' Group Personnel Rules (See Consent Agenda Item 4.4) • Human Resources Staff . > Discuss Police Patch/City Stationery Police Chief and Administration Staff • EXECUTIVE SESSION: The, Tigard City Council will go into Executive Session to discuss pending litigation under ORS 192.660(2)(h). All discussions are confidential and those present may' disclose nothing from -the Session. Representatives of the news media are allowed to,'attend Executive Sessions, as provided, by-ORS 192.660(4), "but must not disclose any information discussed. No Executive Session may be.held for the purpose of 'taking any final action or making any final decision. Executive Sessions are closed to the -public. 7:30 PM . . 1. BUSINESS MEETING,. 1.1 Call to Ordei - City'Council & 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 TM PM 2. PROCLAMATION: BE KIND TO ANIMALS WEEK Mayor Dirksen 7:40 PM 3. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard Area Chamber. of Commerce Representative • Follow-up to Previous Citizen Communication i COUNCIL AGENDA -'APRIL, 25, 2006 page 2 7:45 PM 4. ' . CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve Council Minutes for March 21 and 28, 2006- 4.2 Receive and File the Annual Solid_ Waste Financial Report findings 4.3 Approve Budget Amendment #1.1 to the FY 2005-06 Budget to 'Increase Appropriations' in the Social Services/Community Events budget in the General Fund to fund a portion of the Tualatin National Wildlife Refuge Grand Opening Ceremony Resolution No. 06- 4.4.. Adopt Amendments to Management/Supervisory/Confidential Group Personnel Policies - Resolution.No. 06-_.'. 4:5 Appoint Mitchell'Brown'•to the Planning Commission; Appoint Patrick Harbison as First Alternate aridJeremy Vermilyea as Second Alternate to the Planning Commission = Resolution No. 06- . 4.6 Appoint Tony Tycer and Scott Deselle as Citizen. Members and Betty ' Hagen. and Dennis Sizemore as Citizen Member Alternates to the Tree Board = Resolution No. 06-_ 4.7 Approve Intergovernmental Agreement with Washington County Cooperative Library Services for WILL (Washington County Interlibrary Information Network) Internet Filter 4.8 Local Contract Review Board',,-., a: • Award Contract to Dunn Construction for the Construction. of the SW 93rd Avenue Sanitary Sewer '(Sewex Reimbursement District No. 36) b. Award. Contracts to Century West Engineering Corporation, Group McKenzie, and.W & H Pacific for Civil. Engineering Services on an as-Required Basis Consent Agenda Items Removed for Separate Discussion: Any items trquested to be. removed from the. Consent Agenda for separate discussion 2vill be considered immediately after the Council has voted on those items which do not need discussion. 7:50 PM 5. PRESENTATION OF LIFESAVING AWARDS TO THREE CITIZENS RESPONSIBLE FOR SAVINGTHE LIFE. OF AN AUTOMOBILE. CRASH VICTIM.WHOSE CAR WAS 'ON FIRE Staff Report: Police Department Staff . 8:10 PM 6. FIRST QUARTER GOAL UPDATE • Staff Report:, City Administration COUNCIL AGENDA - APRIL 25,2006: page 3 8:20 PM, '7. ANNUAL VOLUNTEER PROGRAM HIGHLIGHTS PRESENTATION Staff-Report: City Administration 8:40 PM 8. QUARTERLY, UPDATE ON CURRENT STATUS OF THE EMERGENCY. MANAGEMENT PROGRAM IN TIGARD • Staff Report: Public Works Staff 8:50 PM .9. CONSIDER.PURCHASE "AGREEMENT FOR REAL PROPERTY ACQUISTION FOR 500-FOOT ZONE RESERVOIR.NO.2 SITE Staff Report: Public Works Staff Motion. to approve Purchase Agreement and authorize City. Manager to execute the document 9:001'M 10. PUBLIC HEARING (QUASI JUDICIAL) TO CONSIDER ANNEXATION_ OF WILSON RIDGE.NO.2 (ZCA2005-00005) a. Open Public Hearing . b. Declarations or Challenges c. Staff Report: Community Development Staff d. Public Testimony: Proponents Opponents e. Staff Recommendation f. Close Public Hearing g. Council Consideration: Adopt, Ordinance No: 06= 10.00 PM 11. PUBLIC HEARING (INFORMATIONAL) TO CONSIDER- RESOLUTION NO. 06- TO FINALIZE SANITARY SEWER REIMBURSEMENT DISTRICT NO. 33' (SW WALNUT STREET) a. Open Public Hearing b.. Declarations or Challenges . c. Staff Report: Engineering Staff d. Public Testimony: Proponents Opponents e. Staff Recommendation f. Close•Public Hearing' g. Council Consideration: 'Approve, Resolution No. 06- COUNCIL AGENDA - APRIL 25;'2006 page 4 12. COUNCIL LIAISON-REPORTS , 13. NON AGENDA ITEMS 14. EXECUTIVE SESSION: The Tigard Ciiy.,.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 froffi-the, Session. Representatives of.,the news media are allowed to attend Executive Sessions,.as.provided by, ORS 192.660(4),,.but must riot 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. 10:15 PM 15.. ADJOURNMENT 0;dmtcathY\ccat2000W00425.doc ' COUNCIL AGENDA -APRIL 25, 2006 Page 5 PUBLIC HEARING ITEM. The following will be considered by the Tigard Qq Council'on `Tuesday April 25, 2006 at 7:30 PM at the Tigard Civic Center - C01~!IMUNITY Town Hall -Room; 13125 SW Hall,-Boulevard, Tigard, Oregon SPAPERS 97223.. : • , - `.Public oral or written testimony. is,inviteci. The public heaiing.on 6605 SE Lake Road, Portland, OR 97222 • PO this matter will be held under Title 18 and rules of procedure I• adopted by the Council and available at City Hall or the rules of t Box 22109 • Portland, OR 97269 procedure set forth in Section 18.390:060E. Phone: 503-684-0360 Fax: 503-620-3433 Further information maybe obtained from the, Planning Division Email: (Staff contact: , Beth St. -Amand).at-13125 SW Hall, Blvd., ` legaladvertising p@commnewspapers.com. Tigard, Oregon 97223, or by calling at 503-639-417L L. f ZONE CHANGE ANNEXATION (ZCA) 2005-00005 AFFIDAVIT OF PUBLICATION (&WILSON RIDGE NO.2 SUBDIVISION ANNEXATION< State of Oregon, County of Washington, SS' REQUEST: The applicant is'requesting annexation of two (2) parcels containing 3.5 acres into the City of Tigard, including por tions of.the SW Bull Mountain Road and the.SW 133rd"Avenue I, Charlotte A{Isop, being the first duly sworn, right-of-way.,,LOCATION: 1321.0-& 13280 SW Bull Mountain depose and say that I am the Accounting Road; WCTM '2S109AC, Tax Lots'1900 and 2000. The subject ` Manager of The Times (serving Tigard, site~i~ located south of SW'Bull Mountain Road and east'of SW } Tualatin & Sherwood), a newspaper of. 1331 Avenue.'. ZONE: R-7: -Medium-Density Residential I general circulation, published at Beaverton, in District. The R-7 zoning. district is designed to accommodate F - the aforesaid county and state; as defined by attached single-family homes, detached single-family homes with ORS 193.010 and 193.020,.that or without accessory residential units, at a minimum.lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permit- City of Tigard ted outright. Some civic and'institutional uses are also permitted. I Public Hearing: Wilson Ridge #2 I : conditionally. ` APPLICABLE REVIEW CRITERIA: - The TT10770 approval standards for annexations are set put in. Community Development Code Chapters 18.320 and 18.390, Comprehensive a copy of which is hereto annexed, was Plan Policies 2 -and 10; ORS Chapter 222; and Metro Code Chapter published in the entire issue of said 3.09. newspaper for ALL DOCUMENTS AND.APPLICABLE CRITERIA IN.THE t 2 ,ABOVE-NOTED FILE ARE AVAILABLE' FOR INSPECTION ` AT NO COST OR COPIES., CAN BE OBTAINED FOR TWEN- successive and consecutive weeks in the TY-FIVE CENTS (25~) PER PAGE','OR THE CURRENT RATE.. following issues . "CHARGED: FOR COPIES AT THE TIME OF THE REQUEST.',' AT LEAST FIFTEEN (I 5)_DAYS.PRIORTO THE HEARING, A April 6, 2006 COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR ' April 13, 2006 .INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE'CENTS (25C) PER PAGE, OR THE CUR- RENT RATE CHARGED FOR COPIES AT THE TIM&OF THE REQUEST. INFORMATION IS ALSO AVAILABLE BY CON- LJk~V ~O TACTING THE STAFF CONTACT LISTED ABOVE. Charlotte Allsop (Accounting Mana er)~,: ..r..i_..j rv.,... KIM NEAP w~ •`-i - Subscribed and sworn to before me this l - - ik ~-WLLSOM RIDGE NO, 2 April 13, 2006 ---r nrosiox Rx mom ;r i i L NOTA PUBLIC FOR OREGON My commission expires ti ; c . _ SITE Acct #10093001 i I- - OF L.. a Patricia Lunsford _ _ SUZE] _ Tigard NOTARY: I 1-71 City of COMM." Y.. 13125 SW Hall Blvd.. MY COMMISSION F' 'Tigard, OR 97223 ~1...'~~; r Size:2 x 9.5 Publish 6, 4/13/2006 TT10770 ' Amount Due $158.65 'Remit to address above' . ~1 Agenda Item No. 3. I ForAgenda of 6 I3 ~QU Tigard City Council Meeting Minutes Date: April 25, 2006 Time: 6:30 p.m. Place: Tigard City Hall, 13125 SW Hall Boulevard Tigard, Oregon Attending: Council President Nick Wilson Presiding Councilor Sally Harding Councilor Sydney Sherwood Councilor Nick Wilson Councilor Tom Woodruff Absent: Mayor Craig Dirksen Agenda Item Discussion & Comments Action Items follow u Study Session > Discuss whether the City of Tigard should approach Tigard staff members will Washington County to split CPO 4B into two CPO's. discuss the CPO system with County and local jurisdiction c Council briefly discussed whether to pursue the idea of . management staff members. asking Washington County officials to create a CPO splitting the City of Tigard area away from the unincorporated area within CPO 413. Discussion points included the following: • Concern that pursuit of such a split would create more divisiveness between residents of the two areas with a preference expressed to find common interests. • The CPO's purpose is advisory to the County on land use and public issues. • There was a suggestion discuss whether the current system is working well among the managers of County jurisdictions. One idea would be to automatically withdraw territory from the CPO when annexed. Study Session > Discuss political signs placed in the right of way. City Council directed staff to City Manager Prosser noted that in the past the City has remove signs that were a safety not actively pursued prohibited placement of signs in the concern; i.e., obstructing sight right of way and requested City Council direction with distance. regard to priority for this issue when considering staff resources. City Council Minutes - April 25, 2006 Page 1 Agenda Item Discussion & Comments Action Items follow u Study Session > Bull Mountain/Metro Meeting is scheduled for After brief discussion, City Thursday, May 4, 5-6:30 p.m. Location is to be Council consensus was to send determined. representatives to this meeting as the City of Tigard is a One concern is with the decision on the boundaries stakeholder and should to be included in the proposed city. There may be an participate during the fact- adverse impact on the City of Tigard if the island areas finding process. Councilor are included: Woodruff and Councilor Harding indicated they could attend. > The legislative committee regarding annexation Councilor Harding said she procedures will be held on April 26, 6:30. p.m., at C.F. would attend this meeting. Tigard Elementary. Executive The Tigard City Council went into Executive Session Session at 6:46 p.m. discuss pending litigation under ORS 192.660(2)(h). Executive. Session concluded at 7:05 p.m. Study Session Human Resources Director Zodrow reviewed some of the See Consent Agenda Item continued changes proposed by the Executive Staff The major 4.4, which was approved by changes are noted in the Agenda Item Summary the City Council. Amend submitted in the City Council meeting packet for Consent Management Agenda Item No. 4.4. There was brief discussion and clarification of wording. General consensus of the City Group Personnel Council members present was that the proposed changes Rules were acceptable. New Logo Use - City Council members reviewed proposed designs for Police and Administration Police Patch and Police Department patches and stationery Staff will order police patches Stationery incorporating the new logo and selected the preferred and stationery with the new designs for staff to use. logo design. Civic Center Information-Technology (IT) Division Director IT staff will pursue a Audio/Visual Ehrenfeld reported that an upgrade to the Civic Center Metropolitan Area Upgrade Update audio/visual control system had been planned for this Communications fiscal year.. A memorandum detailing the upgrade is on. Commission grant for desk file in the City Recorder's office. The next step is to issue screens for the City Council. a Request for Proposals and hire a consultant to develop a full design. The work will be done next fiscal year; therefore, the appropriation was included in the FY 2006- 07 budget. City Council Minutes _ April 25, 2006 Page 2 Agenda Item Discussion & Comments Action Items follow u Study Session concluded at 7:20 p.m. Business 1.1 Council President Wilson called the City Council Meeting and the Local Contract Review Board to Order at 7:27 p.m. 1.2 Council Present: Council President Wilson; Councilors Harding, Sherwood, and Woodruff 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports Councilor Harding reminded the viewing audience of an upcoming tire recycling event on Saturday, April 29, 9 a.m. - 2 pm. at the Washington County Fairgrounds. 1.5 Call to Council and Staff. for Non-Agenda Items: None 2. Proclamation Council President Wilson read the proclamation - Be Kind to declaring the Week of May 1-7, 2006, as Be Kind to Animals Week -Animals Week. 3. Citizen • Gretchen Buehner, 13249 SW 136`h Place, Communications Tigard, Oregon 97223, advised she had questions regarding the cost-of-services report issued by the Washington County Auditor. In particular, she had concerns about how the'information was evaluated regarding police services and said she thought the County provided inaccurate information. She suggested City of Tigard analyze the number of police calls the City makes to the unincorporated area. -At the last Committee for Citizen Involvement meeting, they learned that each member City contributes to the county-wide Special Crimes Task Force.. Ms. Buehner advised that she thinks it is important for Tigard citizens, as taxpayers, are aware of this matter. City Council Minutes - April 25, 2006 Page 3 Agenda Item Discussion & Comments Action Items follow u • Roger Potthoff, 11710 SW Ann Street, Tigard, Oregon, requested the City look into providing pedestrian safety improvements for the Fanno Creek Trail where bicycles are sharing the pathway with pedestrians. He suggested the City post signs and implement.a public information campaign to raise awareness. Follow Up to City Manager Prosser reported the following April 11 Citizen follow-up action to the citizen communications Communications received on April 11: • The Junk in the Trunk event sponsored by Tigard High School Students was.posted on the City's website. • The City Council is scheduled to give a report on their National League of Cities Congress of Cities Conference on May 9. • The County Engineer advised that they have been watching the utility work being done on Walnut Street in the new construction. The County Engineer reported that the work area is being properly compacted and the top lift of the street will not be affected. 4. Consent The Council considered Item No. 4.7 separately. A Motion by Councilor Agenda correction to the March 21, 2006, City Council Sherwood, seconded by minutes was noted that on Page 11, the word Councilor Woodruff, to "Capital" should be changed to "Community" and approve the consent agenda should read as follows: with the correction as noted. for the March 21, 2006, City Councilor Harding suggested that CIP be referred to as Council minutes, the March "Community Investment Pro gram.." 28, 2006, minutes removed from this agenda for The March 28, 2006, minutes will be considered for consideration at a future City approval by the City Council on May 9, 2006. Council meeting, and Item 4.7 removed for separate 4.1 Approve Council Minutes for March 21 (as consideration. amended) 4.2 Receive and File the Annual Solid Waste The motion was approved Financial Report Findings by a unammous,vote of 4.3 Approve Budget Amendment #11 to the FY Council resent. City Council Minutes - April 25, 2006 Page 4 Agenda Item Discussion & Comments Action Items follow u 2005-06 Budget to Increase Appropriations in the Social Services /Community Events budget in Councilor Harding Yes the General Fund to fund a portion of the Councilor Sherwood Yes Tualatin National Wildlife ' Refuge Grand Council President Wilson Yes Opening Ceremony Resolution No. 06- 20 Councilor Woodruff Yes Resolution No. 06-20 - A resolution approving budget amendment # 11 to the FY 2005-06 Budget to increase appropriations in the Social Services/Community Events Budget in the General .Fund to fund a portion of the Tualatin River National Wlildliife Refuge Grand Opening Ceremony 4.4 Adopt Amendments to Management/ Supervisory/Confidential Group Personnel Policies - Resolution No. 06-21 Resolution No. 06-21 - A resolution adopting amendments to the Management/ Supervisory/Confidential Personnel Policies 4.5 Appoint Mitchell Brown to the Planning Commission; Appoint Patrick Harbison as First Alternate and Jeremy Vermilyea as Second Alternate to the Planning Commission - Resolution No. 06-22 Resolution No. 06-22 = A resolution appointing Mitchell Brown the Planning Commission and appointing Patrick Harbison as first alternate and Jeremy Vermilyea as second alternate to the Planning Commission 4.6 Appoint Tony Tycer and Scott Deselle as Citizen Members and Betty Hagen and Dennis Sizemore as Citizen Member. Alternates to the Tree Board - Resolution No. 06-23 Resolution No. 06-23 - A resolution of Tigard City Council appointing Tony Tycer and Scott Deselle as citi-Zen members, and Dennis Sizemore and Bety Hagan as citizen member alternates to the Tree Board 4.7 Item 4.7 Considered separately see below City Council Minutes - April 25, 2006 Page 5 Agenda Item Discussion & Comments Action Items follow u 4.8 Local Contract Review Board a. Award Contract to Dunn Construction for the Construction of the SW 93`d Avenue Sanitary Sewer (Sewer Reimbursement District No. 36) b. Award Contracts to Century West Engineering Corporation, ,Group McKenzie, and W & H Pacific for Civil Engineering Services on an as-Required Basis Council considered Item 4.7 separately: Motion by Councilor Woodruff, seconded by 4.7 Approve Intergovernmental Agreement with Councilor Sherwood, to Washington County Cooperative Library accept the Services for WILI (Washington County Intergovernmental Interlibrary Information Network) Internet Agreement; staff will return Filter at a later date with information regarding how Library Technical Services Specialist Birkner and City the Internet filtering system Manager Prosser discussed the WILI IGA regarding operates. the Internet Filter. The computers in the children's section of the library are defaulted to a child-filtered The motion was approved setting when accessing the Internet. During by a unanimous vote of discussion, it was determined that clarification was Council present. needed with regard to the default setting that could be set for the computers in the adult section of the Councilor Harding Yes library. Councilor Sherwood Yes Council President Wilson Yes Councilor Woodruff Yes 5. Presentation Presenters: Tigard Police Chief Dickinson and of Lifesaving. Tualatin Valley Fire & Rescue Assistant Fire Chief Awards To LeSage Three Citizens Life-saving awards were presented by Council Responsible President Wilson to Tigard resident Kevin for Saving the McAninch and two Metro West Ambulance Life of an attendants Jeremi Ruda and Robert Berdan. On Automobile March 12, 2006, these three men worked as a team Crash Victim to rescue Judith Folgate from her vehicle, which Whose Car had burst into flames after, a speeding driver Was on Fire slammed into the back of her car. The crash tragically the life of Judith's friend who was City Council Minutes - April 25, 2006 Page 6 Agenda Item Discussion & Comments Action Items follow u a passenger in the car. Judith's life was saved because of the swift action of these three citizens. 6. Annual Presenters: Library Volunteer Coordinator Volunteer Stormont, Public Works Water Quality/Volunteer Program Coordinator Staedter and Volunteer Program Highlights Development Specialist Roth. Presentation The presentation'was introduced by.a city volunteer, Patti Anda Jimenez who spoke to the City Council in Spanish, representing one of the volunteer services at the City of Tigard for the Spanish-speaking population. Presenting written- and web-site information in Spanish expands public awareness. The PowerPoint presentation outlining the highlights of the 2006 City of Tigard Volunteer Program Highlights is on file in the City Recorder's Office. Current City of Tigard Volunteers provide an array of services at City facilities, field locations, and from their homes. Individual volunteers and community partnerships leverage staff and financial resources to achieve significant outcomes such as enhancing public safety through reserve program officer patrols, facilitating library operations, and improving water quality through restoration projects. Volunteering also serves to increase interactions between residents and expand cooperation between generations. In 2005, 970 volunteers contributed 21,621 hours of their time towards Tigard projects, services and events. The 21,621 hours of volunteer time equals ten full-time staff positions. At the current rate of $18.04 per hour, the 2005 volunteer hours are valued at,$390,043. In response to a question from Councilor Woodruff, Volunteer Program Development Specialist Roth advised that he would get the Council some information regarding how volunteer contributions to the City of Tigard compare with those in other cities. City Council Minutes - April 25, 2006. Page 7 Agenda Item Discussion & Comments Action Items follow u Councilor Sherwood referred to previous City Councilor Brian Moore, who established the goal of covering the volunteer services coordinator salary with savings achieved by volunteer contributions. She.advised that, from the statistics shared tonight with the Council, this program has great value beyond its monetary worth. 7. Consider, Staff Presenter: Assistant Public Works Director Motion by Councilor Purchase Rager. Woodruff, seconded by Agreement for Councilor Sherwood to Real Property Council is considering the proposed purchase approve the purchase Acquisition for agreement between the City and the Price family. agreement and authorize the 500-foot Zone The. site offers not only a location for a buried City Manager to execute the Reservoir No. 2. water reservoir but also space to construct a small document. , Site pocket park. Because the reservoir will be underground, as per the property owner's wishes, The motion was approved the City will actually be able to locate a pocket park by unanimous vote of complete with playground equipment above the Council present. buried reservoir. Councilor Harding Yes The property was appraised at $1.2 million and Councilor Sherwood • Yes both the Price family and the City agree this is a fair Council President Wilson Yes price for the land. The Council had before it the Councilor Woodruff Yes final Purchase Agreement with conditions of sale that were negotiated between the City and the family. 8. Public City Attorney Ramis reviewed the procedures for Motion by Councilor Hearing (Quasi- quasi-judicial land use hearings. A copy of the Woodruff, seconded by judicial) to . written format followed by the City Attorney is on Councilor Sherwood, to Consider. file in the City Recorder's Office. adopt Ordinance 06-04. Annexation of Wilson Ridge Council President Wilson opened the Public No. '2 Hearing. The motion was approved (ZCA2005- by unanimous vote of 00005) Declarations and challenges were reviewed: Council present. Members of Council were asked if they wished to report any ex parte contact or information gained Councilor Harding Yes outside the hearing, including site visits. Councilor Councilor Sherwood Yes Harding indicated she visited the site and had also Council.President WilsonYes read a newspaper article about this issue. Councilor Councilor Woodruff Yes Sherwood indicated that she also read the newspaper article. City Council Minutes -April 25, 2006 Page 8 Agenda Item Discussion & Comments _ Action Items follow u Council members were asked if they were familiar with the application. All Council members indicated that they were. The audience-,vas asked if they had any challenges pertaining to the Council's jurisdiction to hear this matter or if there was a challenge to the participation of any member of the Council. There were no challenges. Senior Planner St. Amand reviewed the staff report for this annexation proposal. She. referred to a map of the area and advised that there had been no objections received with regard to the proposed annexation. A copy of the staff report is on file in the City Recorder's Office. Public Testimony: *Michael Robinson, 1120 NW Couch, 40`h.Floor, Portland, OR 97208, advised he was representing the applicant. He advised that Jim Delmore was also present for the applicant and that they were in agreement with the staff report. Councilor Woodruff asked Mr. Robinson and the developer who was present if they felt that they were voluntarily requesting annexation into the City of Tigard. Mr. Robinson responded to Councilor Woodruff that yes, the request for annexation was voluntary and that the property owners and electors within the annexation area were voluntarily part of the•annexation as far as is known. Council President Wilson closed the Public Hearing. Staff recommendation: Staff recommended that the City Council approve the proposed annexation as it meets all the approval criteria. Council Discussion: Councilor Harding and Councilor Woodruff indicated that they were surprised that there was no one present to offer testimony with regard to this proposed annexation. City Council'Minutes - April 25, 2006 Page 9 Agenda Item Discussion & Comments Action Items follow u Ordinance No. 06-04 - An ordinance annexing 3.525' acres, appro ving Wilson Ridge No. 2 Annexation (ZCA2005-00005), and withdrawing property from the Tigard Water District, Washington County Enhanced Sheriff's Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District # 7, and the Washington County Vector Control District 9. Quarterly Presenter: Public Works Program Assistant and the Update on City's Emergency Management Coordinator Lueck. Current Status of the Mr. Lueck updated the Council on four elements of Emergency the City's emergency program, which included the Management planning, CERT (Community Emergency Response Program in Team), 72-hour Preparedness, and OCEM (Office Tigard of Consolidated Emergency Management). A copy of Mr. Lueck's Staff Report and presentation materials are on file in the City Recorder's Office. Councilor Sherwood noted that she recently attended a CERT class. She advised that she thought she had some knowledge of how to be prepared for emergencies but was surprised at how much information she learned. She said it would behoove people to attend a CERT class. 10. First Staff Presenter: City Manager Prosser Quarter Goal Update City'Manager Prosser reviewed the summaries of progress made on the goals developed by Council in January, 2006. A copy of the written progress report, which contains the highlights of Mr. Prosser's presentation is on file in the City Recorder's Office. Councilor Woodruff noted that there was a lot of information about the progress on Council goals and this is available on the City's website. City Manager Prosser noted that the staff will also make an effort to display the updated. information more prominently on the website. City Council Minutes - April 25,'2006 Page 10 Agenda Item Discussion & Comments Action Items follow_u 11.Public Council President Wilson opened the Public Motion by Councilor Hearing Hearing. Sherwood, seconded by (Informational) Councilor Woodruff to to Consider a City Engineer Duenas presented the staff report, adopt Resolution No. 06-24. Resolution to which is on file in the City Recorder's Office. Finalize Sanitary Highlights of the presentation were contained in a The motion was approved Sewer Reim- PowerPoint slide presentation and this is on file in by unanimous vote of the bursement the City Recorder's Office. Council present. District No. 33 (SW Walnut St.) There was no public testimony. Councilor Harding Yes Councilor Sherwood Yes Council President Wilson closed the Public Council President Wilson Yes Hearing. Councilor Woodruff Yes Staff recommended that the City Council adopt the resolution to make the sewer service available to residents within District No. 33. Council discussion followed regarding some of the circumstances for this reimbursement district including some contribution by the County to pay costs for hooking up to the sewer for one of the properties. Council President.Wilson asked about the status of the sewer reimbursement program. The City is in the fourth year of the five-year program. It is now going at a slower pace due to workload in the engineering department and the fact that the more difficult properties remain to be reviewed for participation in the program. The City Engineer advised that he would.bring back a revised schedule with -the remaining properties in the City of Tigard to be considered for the sewer reimbursement program. Resolution No. 06-24 - A resolution finalising Sanitary Seaver Reimbursement District No. 33 (S W1 Walnut Street) and amending the preliminary City Engineers report contained in Resolution No. 04-91. City Council Minutes -April 25, 2006 Page 11 Agenda Item Discussion & Comments Action Items follow u 12. Adjournment The meeting was adjourned at 9:09 p.m. Motion by Councilor Woodruff, seconded by Councilor Harding, to. adjourn the meeting. The motion was approved by unanimous vote of the Council present: Councilor Harding Yes ` Councilor Sherwood Yes Council President Wilson Yes Councilor Woodruff Yes l Catherine Wheatley, City Recorder Attest: Mayor, ity of Tigard CP Date: 13;,go City Council Minutes - April 25, 2006 Page 12 STUDY SESSION AGENDA TIGARD CITY COUNCIL BUSINESS MEETING April 25, 2006 - 6:30 p.m. 13125 SW Hall Boulevard, Tigard, Oregon, • STUDY SESSION > Update on City Hall Civic Studio • IT Staff > Amend Management Group Personnel Rules (See Consent Agenda Item 4.4) • Human Resources Staff > Discuss Police Patch/City Stationery • Police Chief and Administration Staff • EXECUTIVE SESSION: The Tigard City Council will.go into•Executive Session. to discuss pending litigation under ORS 192.660(2)(h). All discussions are confidential and those present may disclose nothing from the Session-. Representatives of the news media are allowed 'to attend Executive Sessions, as provided, by ORS 192.660(4), but must not disclose any information discussed.-- No Executive Session may.be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. • ADMINISTRATIVE ITEMS > Business Meeting for Tonight: - Requests for more information on the following Consent Agenda Items: o' 4.1 -'March 28, 2006, City Council minutes.- delay approval.until City Council has had an opportunity to review the transcript of the Urban Services Agreement Agenda Item? o. 4.4 -Adopt Amen'dments'to Management/Supervisory/Confidential Group Personnel Polices (Proposed Resolution) ; o 4.7 - Approve Intergovernmental.Agreerhent with Washington County Cooperative Library Services.fori WILI (Washington County Interlibrary Information Network) Internet Filter • Staff received confirmation that Mitchell Brown (new Planning Commissioner) and Patrick Harbison, (new Planning Commissioner. first alternate) will attend .tonight's meeting . > Discuss whether the City of Tigard should approach Washington County to split'CPO 4B into two CPO's. > Discuss political signs placed in the right of way•' i > The May 31, 2006, joint meeting-with the School District-and City Council members from-Tualatin, King City, and Durham has been cancelled. New meeting dates to reschedule the meeting will be offered. > Bull Mountain/Metro Meeting is scheduled for Thursday, May 4; 5-6:30. p.m.. Location is to be determined. Council Calendar May 1 Monday Budget Committee Meeting 630 pm, Tigard Water Auditorium " 8 Monday Budget Committee Meeting-,- 6:30 pm, Tigard Water Auditorium 9 ;Tuesday Council Business Meeting- 6:30 pm, Town Hall' ; 15 Monday Budget Committee Meeting 6:30 pm; Tigard Water Auditorium . 16 Tuesday Council Workshop Meeting- 6:30 pm, Town Hal L.' 22 Monday Budget Committee `Meeting (if needed).-- 6:30 pm, Tigard Water Auditorium 23 Tuesday Council Business Meeting - 6:30 pm, Town Hall 29 Monday Memorial Day Holiday - City Offices Closed 30 Tuesday Fifth Tuesday Council Meeting- 7-9 pm, Tigard Water Auditorium ' l 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) .-Public investments _ to carry on negotiations under ORS' Chapter •293 with private' persons or businesses regarding' proposed acquisition, exchange or liquidation of public investments. 192.660 (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. is\adrh\cathy\cca ss\2006\060411ps.doc Tigard City .Council Verbatim Transcript'of March 28, 2006 Discussion on Agenda-item No. 9 . MAYOR DIRKSEN: Agenda Item No. 9 is to consider action to terminate the Urban Services Intergovernmental Agreement with Washington County and L've asked. our Interim . Community Development Director Tom Coffee ; (tape being changed) INTERIM COMMUNITY- DEVELOPMENT MANAGER COFFEE: Mr. Mayor when you asked about the history, I thought that first.of all, I've only been here six months so I . don't know a lot of history about this agreement. But MAYOR DIRKSEN: It might give you a nice ,objective. INTERIM COMMUNITY DEVELOPMENT MANAGER COFFEE: Exactly. So I thought about the meeting that we had attended the day at the County where in their work session they were talking'about this same topic and I maybe stealing some of Craig's. thunder. ' Commissioner Roy Rogers pointed out some of the background on this and indicated that when this' was first initiated .in'97, and again what we are, talking about is an intergovernmental agreement with Washington County and the City of Tigard that, in which. the County contracted with the. City the.review of'development in the urban services area,. which is the area between the city limits and the :urban growth boundary. And in the Bull mountain area. And.they also contracted the building permitting process and initially, road maintenance.- Now road maintenance was reverted back'to.the County a couple of-years ago because of the costs of that program. So what is still in plane is the fact that, when someone wants to develop their property or create a subdivision they come, to the city rather than go to the county, even though it's in the unincorporated area. Typically when those properties are contiguous to the city they will annex simultaneously with that review and then they come up to the City's review for building permits. There are some instances where subdivisions have been reviewed and approved that are not contiguous to the city but `still within that area but there're very few of those. That was- the agreement that was entered into in '97 and from Commissioner Rogers' cominents.today the reasons for doing.that were twofold. First, the idea was that, since people in that area who, owned property or homes,, lived closed to Tigard than Hillsboro, it would be, more convenient for them to do business in Tigard City Hall than the courthouse in Hillsboro.' The other aspect of that was that the. county had recognized, along with the city; that that area would likely. be part of Tigard at sometime in the future. In fact is that the Urban, Planning Agreement that states that. It . also states that the county would not object to any annexations in that area. So in '97.the thought was, ultimately at some point in'the,future, the city would be annexing all the way out to the urban growth boundary, and therefore, it made sense for that area to become associated with the city to development.projects and building permit issuance., Since '97 a lot of-those projects have -been reviewed _by the city and have'been approved.' Some have been contioversial,.as a lot of planned development issues. are. And we're. to the point now where most of .those developable properties have been reviewed and approved and have been developed.., Most-of-the remaining land is already subdivided and urbanized and it was done that way by the county over 'the years prior to '97.' There's also been the issue of Bull Mountain and whether it would come into the city or not - that whole annexation process Transcript from March 28, 2006 Ti},mrd City Council,Mceting- Agenda Item No. 9 1 that we had - and now; discussion by some Bull Mouintain_residents'about incorporating and forming a city. In fact, it was a letter from Bull Mountain residents asking the. County over a month ago to terminate the agreement that.prompted the county's review of this agreement and the city's review of it. And.what has happened,since then is that the county, in their work session today, and actually, this evening, had. talked about considering terminating the agreement because the need for it does not appear to be there anymore. There's little land.left for development out there. The idea' that someday the city would annex to the urban growth boundary has become less and less likely given the development. patterns and the various annexations. And so the •feeling is, while there is continued interest in coordination with the county, the need for this agreement no longer exists. And it does not affect the annexation process. 'The annexation process always has been separate from . these agreements and could continue 'if there were properties contiguous to the city•.that want to annex to,Tigard then that could still occur. Sc;-- that's my understanding of the evolution of this agreement which made some sense in '97, was renewed in :2002, but in' .2006, given the change in•circumstances and the atnount.of land. left to be developed uinder it, both the city and county are considering terminating that agreement. Provisions within the agreement says that notice has. to be given - 90-d4y notice'- prior to July 1' , so we have to do it this week. During that time we would expecelffie. city and county staff to work on the transition if it was terminated byaoth, well, actually, only one party can terminate it, but we both do it.. If we follow through with the county's staff and talk about transition and reverting that authority back to the county. That's how I understand where we are and why we are here tonight talking about possible termination. If•you have any questions, I'll try to answer them. CITY MANAGER PROSSER: And if I can pick up on there; as Tom indicated that's kind of the process where we are. •There,was a letter from.Friends of Bull Mountain, dated. February 24`h to the county: They did not provide a copy of this to the city. The county' provided this to us, *requesting ihe'county terminate this agreement. There are several points that they included in their letter whicli are factuallyincorrect and'I do want to, set the record . . straight. They've indicated that we have withheld building permits. We have not. And ' occupancy permits. There was one case where we did withhold an occupancy permit., That was for AlbertaRidet School and that was part of a larger problem with the project . management of that school. There was-a problem. The project manager was not getting building permits until after the fact. There wasa whole, long series of issues. As part of the land use approval for that school there was a requirement which the school district did agree to, to annex to the city. And so we did have to start talking to.them-about their occupancy.. . permit to make sure that they were complying with all of the conditions that they had agreed, to. This letter states that we have collected System:Developmeint Charges and have not accounted for'such funds. That is absolufely incorrect. We do budget .for those' funds; we. do account for them. Their concern that the city has collected Traffic Impact Fees, and used that money to make improvements within the city. In point of fact; we have done that, with the approval of the county, on those roads that serve the mountain and. help residents access their residential areas and get back and forth to areas within the city. That'was envisioned •when the. Transcript from March 28, 2006 Tigard CityCouncil Meeting - Agenda Item No. 9 2 agreement was entered into and it was .perfectly appropriate. The county has. said that is an appropriate... several of the.FrieOds have raised these issues ...we have provided these accounting... all of these funds to the Friends numerous times. And to have them say, that we do not account for that'is a pretty startling statement.' They've, said that we've disregarded.the requirements of the Bull Mountain Community Plan: And again, that is incorrect. If you look at the-development pattern that is existing up there, that is exactly what was provided -for in the Bull Mountain Community. Plan. Having higher density areas on' the lower part of the mountain and lesser density. on the upp'er. part. And their concern that we have not-'provided parks within the city. That is part of a: larger issue and this Council well knows we are proceeding now and'do have a list of projects, excuse me, properties that we are pursuing. Finally, one of the major points here that they~indicate in their letter as -why they want,the county to terminate this agreement is because that will stop any. city annexations in that'area. That is. absolutely incorrect.. As property owners continue to come to us and voluntarily request annexation, we will process those and-we will bring them to Council for a decision. So this agreement really has no "impact"or affect, on annexation. one way or ,the other..., As Tom indicated, the County Co mmission'did.consider this this afternoon in a work session and Tom and I were iii, attendance. And then they had their regular business meeting this evening and Liz was there so Liz can report on what happened'there. I have no idea what she has to report.- I will say that, as Tom indicated, both Commissioner Rogers and Chair Brian talked about this long. partnership between-the city and the' county: and'quite honestly, they were very complimentary about the. partnership and- the city, particularly former Mayors Nicoll and Griffith and Mayor Dirksen.. They felt rather positive about that. They've indicated that because of changes iii land use laws, annexation laws and tax laws that it's -time'.to reexamine this agreement. We think that's appropriate. One statement that they did make that.quite honestly, is a little bit puzzling, is they'd indicated that they don't really want, to terminate the .agreement ; ut they would like to talk to us about „ amendments to the agreement. They said that unfortunately, with the way the agreement is written,. there is no way to ,amend the agreement without terminating it, and I do note that in Section 4.d it specifically-provides for amendments; so I'm not sure exactly where they were going with'ihaf statement. . They did make real clear, that terminating. this ,agreement has no impact on the Urban ' Services Agreement which does designate that areas within the future interest area of the City of Tigard and that it will continue to be. so. Both Commissioner Rogers and Chair Brian indicated that they have no interest in reexamining that basic underlying agreement with the city.. So that's what was discussed at the work session and maybe Liz can take it to . the next level. ASSISTANT TO THE CITY MANAGER NEWTON: Thank you,- Craig. As Craig mentioned I did attend the meeting; that they.had on this'issue. It actually wasn't a public hearing but they did allow me to speak. I printed out the section on amendments in the agreement and then summarized, really quickly, the issues that Craig highlighted, in the Bull Mountain.lette'r. As Craig said, Commissioner'Roger's and Chair Brian reiterated many of the comments that Craig's already spoken to you about, focusing on the positive "Transcript from March 28, 2006 Til,Nard City Council Meeting- AbTnda Item No. 9 3 . partnerships. One thing Commissioner Rogers did mention was. that the current IGA only. includes part of the area now, because of 63 and, 64,. I'm assuming he meant. ' And Tom talked about the partnerships. and- the changes that have occurred. 'I did hand out the draft letter. I mentioned to the Commission that you were also considering the 'issue this evening. They had heard about the letter that you are considering. I emphasized that it was a draft and then did pass thaf out. They did, on a.4-0 vote, they did direct the County Counsel to ; provide Tigard with written notice of termination, effective July 1, and then begin negotiations on a possible modified agreement. CITY MANAGER PROSSER:. Also, I'm sorry, I. forgot-to mention this, too: I did: pick up copies of the staff report that went with. this. So I have copies here for, the Council. , One 'of the issues that'the County has indicated that they are concerned about is when the county and the city first,entered -into this agreement; the county modified zoning designations on the mountain.to•the closest'available designation within the city.'.One;of the things that is a . point of confusion, I~think for everybody, is zoning designations are not necessarily consistent from jurisdiction to' jurisdiction. For us, zoning designations indicate, like an R4.5 , indicates the number of units per acre.. Some jurisdictions, for example an R-5 would indicate 5,000 square-foot 'lots. So it is totally opposite., There's no standardization on this: The County used their lowest designations for the mountain when they assigned zoning for " . that area originally: They weren't.:-. When they.-adopted the zoning that matched th'C1 ty's zoning it wasn't exactly one to one but they-did choose the zoning that was the closest. Interestingly enough, our R-7,;I want to make sure I get the,.right number, and their R-6 you would think it was lower' density in. the,County:. But in factwhen the County staff looked at this they found that the way we calculated things- was different. So actually, our. zoning pdesignations are less dense than what is availablein the'county code. So there wasn't an added advantage to the mountain. -In undoing this agreement the County's going to have to . switch all those zoning codes back to what they were in the county. Some other codes that they would have to repeal would go back to the county. ' What they are concerned' about is their ability, just pure procedurally, to,get through that process within 90 days. So. they are interested, as I understand; in talking-to us about setting'a different termination date than July 1. Then I was also hearing that-maybe it's a different basic group of agreements, for example, Commissioner Rogers informally mentioned tome' the possibility o 'the city assuming responsibility once again for those agreements.I told him 1 really didn't think we'd be interested in, that at all... I-think one of 'our issues here is that we're going to need to hear from the County -if they: do, -in fact, want a different agreement, what are the provisions. And at this point we really. don't know. . ASSISTANT TO THE CITY MANAGER NEWTON: One other thing I should mention that Chair Brian wanted to clarify that, although. they did receive the letter from Bull, Mountain, they. had directed staff right before the holidays to begin analyzing.this. So ' although they did get the letter it was not necessarily the.emphasis for them. So, they wanted to make sure that I passed.on to you how they. appreciated the partnership, COUNCILOR WOODRUFF: Is it correct to say that an' action we're taking tonight would' be purely symbolic because they have already made this decision and it only takes one person,-. to terminate this agreement with a 90-day notice. So our action, tonight is just whether or Transcript from March 28, 2006 •I'ij,,ard City Council Meeting= Agenda Item No. 9 4 not we agree with that termination. So it's not up to us to. terminate it or not'. It's really, in effect, been terminated by the action they've, taken tonight' ' MAYOR DIRKSEN: Assuming that, not being present we don't know what actual action they're taking this evening but we can assume that is the case. . 'ASSISTANT TO THE CITY MANAGER NEWTON: That,was the vote. MAYOR DIRKSEN: When was this? ASSISTANT TO THE CITY MANAGER NEWTON: Tonight. MAYOR DIRKSEN: What time? ASSISTANT TO THE CITY MANAGER NEWTON: 7:30 MAYOR DIRKSEN: OK. And was this the recommendation of staff? Was that the actual... ? INTERIM COMMUNITY DEVELOPMENT MANAGER'COFFEE: They were there to• direct Counsel, their Counsel,to provide notice• to the City MAYOR DIRKSEN: The reason I ask is that there was a cover letter of recommendations here and I,was wondering whether this recommendation was what the" County Commission actually had. CITY MANAGER PROSSER' We were moving rather rapidly this afternoon. COUNCILOR SHERWOOD:' Both of those say to eiiter"into negotiations. ASSISTANT TO THE CITY MANAGER NEWTON: Basically, it was number one. , Here. COUNCILOR SHERWOOD: OK INTERIM COMMUNITY DEVELOPMENT MANAGER COFFEE: And I think their intent is then to terminate this agreement and then enter into negotiations about any other, agreements we might want to have with the county on the provision `of services. It may be as simple as, "The city shall continue for 90 days past July 1", simply to allow them to make their changes. It'might be that,simple. It may be more comprehensive. The important thing is for both parties, I would suggest, to, make it clean, terminate the agreement. Then ; this 90 days is when staffs can -talk about ;how to supplement. this agreement and make the transition smooth and bring those,'back to the~Council, respective Councils and Commissioners, to adopt as appropriate.. I think it's clean to terminate from both perspectives. Transcript from March 28, 2006 Tigard City Council'Meeting- Ab,:nda Item No. 9 5 COUNCILOR SHERWOOD: And I also would point out that, remember, they had your draft letter in front on them. So they knew you were talking about this tonight as well. The' indications were to them that you were leaning. ; MAYOR DIRKSEN: Did they have any comments on that draft letter? ASSISTANT TO THE CITY MANAGER NEWTON: 'Not specifically. They looked at it and talked a lot about the partnerships and so..' MAYOR DIRKSEN: 'I know that I talked to Chair Brian and also Commissioner Rogers a couple of times' a week, this week, with regard'to this issue and, in talking to Commissioner Rogers in particular, he was very strong in his statement regarding being comli pmentary to . the city and the job that we have done and'that the termination of.the~agreement doesn't have anything to do with any criticism that the County would have with regard to what., we've done. And I know thatother statements have been made in the.recent past by Commissioners and by County staff with regard to how the City has handled development application and whatnot.' ASSISTANT TO THE CITY MANAGER NEWTON: That's definitely, after this evening, they wanted to make sure that I passed on to, the Council that they. were very appreciative of the partnership and thought very highly of the relationship and it was important to them.'. MAYOR DIRKSEN: Chair Brian, today speaking to me, wanted to;make it really clear that, while the letter from the Friends was coincidental, that this is actually part of the discussion that had gone back several months. That it is not caused by the-Bull Mountain letter. COUNCILOR HARDING:.Oh, well that's not their first indication of wanting to terminate that agreement. But I'm a little bit frustrated looking,at this as a draft and not knowing that it was-actually sent. Liz is sharing with us now that this letter was presented tonight. ASSISTANT TO THE CITY MANAGER NEWTON: It was distributed, it's a public document, the press had it... the County staff had requested it.. ` . CITY MANAGER PROSSER:_ The letter was.posted on our website with the agenda packet. The press had requested copies .of it. We thought'it was only fair. to let the county see it, 'too. ; MAYOR. DIRKSEN: But it'was still a'draft: ASSISTANT TO THE CITY MANAGER NEWTON:,' I, made sure they understood that. MAYOR DIRKSEN:, 'We needed to discuss'tonight..,As Tom said, it's-kind of.. it's a, I wouldn't say a moot point, but it's a forgone conclusion 'that this is going to happen. But I think it's very appropriate that both.age'r.icies, both make its move at the same time. And so I would suggest, that we go forward with this letter and as a Council we still need to'review it.' There is.ample. opportunity to make changes .....over the timeline not very long. Transcript from March 28, 2006 ;Tigard City Council Meeting - Agenda Item No.) INTERIM COMMUNITY DEVELOPMENT MANAGER COFFEE:. As an alternative to the letter, .you can simply do what the-County did, which would be to direct Council or . staff to send notice.! Could be very short and to the point. If the letter is something that you would rather notsend, it can be very simple, as what the County did; too. MAYOR DIRKSEN:. I would recommend that moving forward with the.action to notify the county to terminate the agreement either by just notification or by the, letter. We just need to decide how we.want to do that. COUNCILOR WOODRUFF:.'I think there, has ,been discussion about this in the past andI feel like we've sort of defended this 'and thought that it was a service that we were providing to the people here and it seems like it just happened quickly. -I didn't feel like I really got my arms around this and I think that, whether the timing is there or not, I think it's going to appear to the community that this.decision is related to pressure from the. Friends of Bull Mountain. 'And that it does, with.it, indicate that we have-taken a different position than we have expressed for several years in terms of what our interest is in this area. I know you've made the point that this does not relate to our willingness or interest in continuing to annex. But it sounds like the,letter that was written was full of things that were not true and we're kind of making the assumption that we needed to get out of the way because we were creating problems. And I don't like getting beat up repeatedly, that we're not doing the job that we should be doing in this planning or -the work with the building process. So I don't mind giving that'part to the County; let the County handle that.. But I do think that it has the potential, effect of no. matter what you say the facts are,. the impression is, that's what the result of this is just because of the timing. ' MAYOR DIRI,,'-SEN: I don't know how to avoid, that. COUNCILOR SHERWOOD: I don't-either. And T had along conversation with Tom Brian today also talking to me about what a good job we did and continue to do. and they want us still to do. -My thoughts to him were, I'd rather spend our time working on the comp plan and direct. our staff to, work within the City of Tigard and to,do all the things that we've got coming down the pike with. urban renewal, .with the comp plan, with things going on in our own city and.just do out concentration there., COUNCILOR WOODRUFF: It still doesn'tstop the potential that it would be work related to requests for annexation or, I mean we made a decision that we would be,`I don't know what theterm was,'proactive-plus or something.. We would let people know `that we were interested although we don't want to have an aggressive stance-with this so there still could be time: And my understanding, all along with this is that it was a cost-neutral issue for us -as a city to do this. Because. we were getting the permit costs as these applications came.in and now that we're not getting those and there's not very many left to come because . the buildable land has been there. There's no effect on out staffing as a result of this? CITY MANAGER PROSSER: In the proposed budget because of the, quite honestly, because of the schedule that we're on to 'get the thing published in time for the budget hearings the proposed budget,actually will contain two new positions:. for the building division - an inspector and a plans review person because their work load was getting to the point where they needed that and because it was-all fee supported. If this is terminated as it f'ranscript from March 28, 2006 Tigard City Council Meeting - Abc nda Item No. 9 .7 sounds like it has been, when we get to the Budget Committee the first thing we'll. do is say we don't need those two positions. So there's two,positions,.that will be cut out of the budget. COUNCILOR WOODRUFF: Revenue will go down and expenses..: CITY MANAGER PROSSER: Yeah. . COUNCILOR HARDING: But are there any position's that will be eliminated? CITY MANAGER PROSSER:, If this.: COUNCILOR HARDING:' Not proposed new ones..:ones that exist. CITY MANAGER PROSSER: No. Because we are adding positions because of thework load, we don't need to add positions. The work load is, still there within the city: And no, there are no position cuts. It's avoiding adding new positions. MAYOR DIRKSEN: After the, fact we willhave to'review what's happening and consider for the future what might need to be done but at present we don't see that it will be necessary to reduce any city staff:• CITY MANAGER PROSSER: And I might add, if the termination date is delayed then we' might have to fill those positions on a temporary basis' or, more likely I would-say, probably contract it out because from July on there might be some work that we need to get done and we can't cover without additional staff. a COUNCILOR WOODRUFF: If it's really budget neutral, because of revenues.. . CITY MANAGER PROSSER: It truly,is. When this started we created the, Urban Services Fund to account for these monies coming in separately. Quite honestly, when I got here to the city, seven years ago or whenever it was, one of the first things I did was look at the fund. It was not cost neutral'at that time and we needed,.to get additional funding from the county to make it whole. 'From that point on, we adjusted fees: It is. now cost neutral. And we make sure it stays that way. ' COUNCILOR WOODRUFF: Just for clarifications, 'so if this were to go through, and. beginning in July, anybody that wanted to have a plan approved, or anything Yelated ao their building or development or building complaint, anything related to that - they would need • to go out to.. CITY MANAGER PROSSER: Hillsboro COUNCILOR WOODRUFF:.-..to get that resolved. Anybody coming to-us with that question, we would just be referring them out_theYe...'if they are outside the city limits. INTERIM COMMUNITY DEVELOPMENT. MANAGER COFFEE:, For example, if they want to build a ham radio.tower; they would go to Hillsboro. Transcript from March 28, 2006 Tikard City Council Meeting - Agenda Item No. 9 8 MAYOR DIRKSEN: Or build a new fence CITY MANAGER PROSSER:.. Or:build a new, fence.'. They'd go to Hillsboro. . COUNCILOR HARDING: I'm sorry this process has been; you know, between a few, or so it seems. It hasn't been, you know, there may be some that are happy with the way things- are as well..I don't like being'blindsided with this. Although ...if the County just wants to come out and say, "We .want to terminate this,"4I wouldn't argue with it. -It was. presented to Council-nearly a year ago with Jim Hendiyx and posed to us as, you know, would Council like to direct staff at exploring terminating the agreement: When I asked to get a copy of it because none of us even had a copy. And then nothing really came of it and it-sat quiet And Friday somebody, approached me and said, "What do .you think of the meeting between Nick Wilson and the Mayor and blah, blah blah, and I don't know anything. about that." ; And Mayor, I would like to know what happened at the meeting with Commissioners Brian and Rogers: I'm sitting here going, •I feel like I don't have, all*the pieces to this. I'm not. going to argue with terminating•it but I .really would like to-have everything on the table.. We don't really have any reports other than this resolution that Liz just brought from the county and its like, boom - all of the.sudden. I'm getting this without all the background and it really bothers me. It really does. Why was. it worked this' way? It's -troubling. - CITY MANAGER PROSSER: Well, one piece of extreme background,'if the' Mayor wants to address the meeting, that's fine., But Tom had,indicated that the county actually had started the review of the intergovernmental agreement last. . INTERIM COMMUNITY DEVELOPMENT MANAGER COFFEE: It was last October or November. CITY MANAGER PROSSER:- October or November. We heard about it: We didn't get any formal notice and Tom started calling Kathy Lehtola at Eand Use and Transportation, the Director of that department, and what we were told at that time is, `Oh, this is nothing. It is just,a routine review. We're not planning on taking any action." And Tom had a couple . of conversations with Kathy and that's what we were,hearing. And that is consistently what :we were hearing until just before we left for the'National'League 'of Cities and that's when we heard that there had been a letter` from the Friends..of Bull Mountain requesting termination. At that time, before I left for the.National League of Cities I asked Tom to look into it. And that's when things; started. heating up frorri.the staff side. MAYOR DIRKSEN: Commissioner Rogers and Chair Brian, asked if Mr. Prosser and Councilor Wilson and I would meet with them fora breakfast. meeting and he really didn't , give us a heads up on what the meeting would be about, just in general: At the-meeting we actually did *discuss several different issues and one of those being the IGA and they did ask, I think the phrase was, "would it give,anybody in the city, any heartburn," I think was the term that Commissioner Rogers, used, "if the county were to'proceed with terminating the agreement." And I think.our general response was, because we could only offer our own: personal opinions at the time, and stated that-we actually talked about it ourselves and the need for the agreement and whether that should move forward or not. And we had Transcript from March 28; 2000,'I•igard,City Council Meeting- Agenda Item No. 9 9. considered having staff look at it*and moving forward with it..So, in general, "No, but.we need to talk about it.". And then that was the basis of that meeting. I can't remember... That was basically it, wasn't.it? CITY MANAGER PROSSER: They also did talk about the-proposal to forma new city out. there. 'They expressed a lot of'coricern about the amount of,pressure they are-getting from the Friends of Bull Mountain. They did indicate thaf if'that proposal comes to them they axe " ' likely to place it on the ballot even-if it's just minimal- to meet standards.', INTERIM COMMUNITY DEVELOPMENT MANAGER COFFEE:.When'this' discussion developed and Craig asked us to look into it, from staff's perspective you look at this agreement and understand historically why it was, put in-place in '97. But if you look at what interest it has to the city at this point in tune, we could come up with. no real interest for the city.' What we were "doing is -basically processing land.use applications, which was. fine. We got the revenue for it and it was passed through and all that. But it wasn't, those actions weren't directed towards some outcome, that was necessarily. beneficial to the city other than, making it according to our code, 'and potentially annexing. It wasn't moving us 1 toward realizing the goal of incorporating to our urban 'growth boundary or achieving that end. Because that was a separate process. It wasn't governed by this and so staff concluded that this process, this agreement-'had really outlived its purpose and wasn't benefiting the city in any way.. That was.our assessment of it and that has contributed to' the discussions going on both at the county and here. COUNCILOR WOODRUFFIt is set to expire 'in September of 2007-anyway. INTERIM .COMMUNITY DEVELOPMENT MANAGER COFFEE: It's five year increments, right., ;And the problem is that the tuning again is difficult, because between, you have to give 90 days notice; effective the following July 1" so you have this window within. which you must act: We must act this week if we want to say anything, basically.-,The " county had it on their radar screen obviously longer than we, did and were evaluating it. 'But here,we are. COUNCILOR HARDING: Again, 'it was on, our radar screen a year ago when, Jim came to us with that.. I do think it's in our best interest.fo cut it because of the fact that we get blamed for a lot of things. I'm not saying VVe're.pe'rfect because we have made mistakes. However, I think it would be best for those in. the unincorporated areas to be able to take ,their complaints and'go to-die county with those than come to Tigard,1where there is this conflict and powet.struggle that seems to goon and on. And it's just not in our'best interest to bespending so much'time and energy on that-so I have no-reservation 'or quarrel with saying, "cut it off" I would. Let them... They think they area city, then let them act like one., They said- they wanted to plan 63.arid 4. Hopefully, those who live m the unincorporated areas will take the County to task and say, "Look, if.you want;to provide this, then get, with the program or else." In turn the county will look at them and say, "You guys need to get with the program and get incorporated and do A; B; C, D, E, F G. Here's your timeline; get with the program yourself" So I think its.best that we-wash our hands of this for now while this conflict goes on and let them'sort out the issues: And'notlet us be involved and get all-.the mud thrown on us: Transcript from March 28, 2006'1'igard'City Council Meeting-.Agenda Item No. 9 10 COUNCILOR HERDING: A's Sydney mentioned we've got urban renewal to look at, we've got our comp plan to; update, and why not be the best that we can be within .the boundaries that we have right now? And show people what we're good for. COUNCILOR WOODRUFF: • -It's. all true. But it's not going to stop, the conflict the. next time that *there 'is somebody that wants to annex to Tigard. Opposition to that that will come out against this; staff time that goes into that.. So I don't know how many of those are J down around the corner as possibilities .but, unfortunately, that conflict will still continue. ' COUNCILOR HERDING: It may not. I think the basis on the conflict has been because these groups have to annex in order`to."get permits".. But if that piece goes away then what leg are they going to, stand on? CITY MANAGER PROSSER: And the issue is that they've never had to annex to get building permits. That is a false issue raised by the Friends. They do have to...when they come in for development approval we do. talk to them about annexing. All the recent . annexations we've had; as you are well aware, all the. property owners there have testified that they are annexing voluntarily. The Friends don't believe it. I don't know what we can....when someone tells them something and they don't believe it... I don't know what you can do to convince them. But they've all testified it didn't matter what sort of requirements are there; they wanted to'annex. Once the development is. approved and they have the authority to start building, we issue building permits. Building permits have never been involved in an annexation. That's a false issue that has been raised by the Friends. COUNCILOR HERDING: Although'in the bigger scheme of,things, when•we:look.at city's proper, county's proper; etc. typically speaking, that'would be the natural order of things. And it has happened across the, nation. And of course last year we had.a change in . legislation in Oregon that makes things a little bit different. But normally your counties • would have had that as a mandate anyway. Change in tapes CITY MANAGER PROSSER: And; I"think you bring up a very good.point. The,county policy for twenty-some years is that they will not be an urban services'provider. And yet, even though that's the policy, the county allows. urban development in unincorporated areas. And so, they kind of become defacto urban services provider unless they can get cities to extend services to those areas. And that sets up an inherent conflict.. In many ways it is . clearly notfair to the cities that they're looking to provide that. And quite honestly; it's not fair to the citizens: in those unincorporated urban areas if there are false expectations that . have been set up and we're paying the price now.. COUNCILOR SHERWOOD: And I can remember after living'up there seventeen years in the unincorporated area when.several'}developers held huge areas of land up there and wanted to develop with smaller lots instead of the 1/3 acres or junior acres which was about all aseptic tank could holdup there.., They said we'll bring ' sewer, we'll pay for the sewer and that's when it just started'snowballing, going downhill- and the County couldn't back .out ' of -providing the. services. I remember holding the County's hand to the fire about . resurfacing the street up there when it fell apart. 'T'ranscript from March 28, 2006 Tigard City Council Meeting - Agenda Item No..9 11 COUNCILOR HARDING: Let me remark on that. It was previously mentioned that the County took back street maintenance two years ago. Is that correct? CITY.MANAGER PROSSER: Actually, we gave it back. That was a loss leader. COUNCILOR HARDING: And we held the urban'traffic impact fees-'in our accounts? CITY MANAGER PROSSER: What we gave back was ,road maintenance. The traffic impact fees are for road improvement to accommodate growth. • And where we have spent those are on things like Gaarde Street and those major thoroughfares that people need,to get up and down the mountain. COUNCILOR WOODRUFF: We also. have projects in place right now for the intersection of Bull Mountain Road and 99W.. COUNCILOR HARDING: -Is that going to be 1.00% from-the urban traffic impact fees. CITY MANAGER PROSSER: To be honest with you I don't remember the number. MAYOR DIRK-SEN: But it is inside the city. COUNCILOR HARDING: It is inside the city and that's what makes me wonder. Because know I've seen Rorshak Road on the radar' for awhile; Have we done other improvements with that fund? CITY MANAGER PROSSER: Oh, 'sure. A lot of them. COUNCILOR HARDING: •.%.Bull Mountain proper, on the hill... CITY MANAGER.PROSSER: Part of the issue is that,we collect that money and it doesn't get spent right away and so the areas .that we have collected it from then annex, and then yes,' we used part-of that money on Gaarde Road improvements. Part of that'was unincorporated when we collected"the money. So,.I can't sit, here right now and give, you the whole..:We have.provided that list to the Friends'multiple times and we can certainly pull it. . out again. We've got the lists. MAYOR DIkKSEN: I know that Councilor Woodruff said that controversy is not necessarily going to,go away. And that is certainly true. But if there's one thing I've learned sitting in one of these'chairs is that no matter what we do, what decision.you make, there is someone who won't like it: ' . COUNCILOR HARDING: It's not a chair, Craig, it's a hot seat!. MAYOR-DIRKSEN: I think it's a bad idea to try to run a city or pass legislation based.on trying to avoid' controversy. -We have to move forward with what your vision is, what's right . and what needs to be done. If people. disagree with that vision then they don't vote for you. That's the way the system works. Transcript from March 28,2000 _I'igard,City Council Meeting- Ac nda Item No. 9 12 COUNCILOR WOODRUFF: Well, I"wasli't suggesting-that we should'be getting away from controversy; •I was saying that this action was not going to take us away from controversy. COUNCILOR HARDING: And there may still be some who are not in.the interest of terminating this. But that's the unfortunate part of this. I wish the County were here at•the' table with us, citizens at the table, and unincorporated residents at the,'table. It would be helpful to have had a joint effort among all and I'm sorry that it's not done in a clear , communication... COUNCILOR WOODRUFF: I'm sure there will be--people driving on Tualatin-Valley, :Highway that are shaking their fists that they have to go to Hill sboro now because... But I would make a motion that we direct staff that we move ahead with this termination and see if there's any other modified agreem 'ts that may be'a part of this.. MAYOR DIRKSEN: Do we want to include the letter. Has everyone reviewed this letter? Is it.acceptable +to everybody. (cross talk) COUNCILOR HARDING: Th6te's'less to get involved with if we just keep it short and sweet and •to the point. x MAYOR DIRKSEN: Just tell staff to notify the county? COUNCILOR WOODRUFF: That's right. COUNCILOR~HARDING: I think that's's' lest... imp MAYOR DIRKSEN: I don't have a problem with that. COUNCILOR HARDING: Let's focus on our comp. plan and urban renewal and making Tigard the best it can be: ' MAYOR DIRKSEN: We will do this with a motion, I assume. Did you make. the motion? COUNCILOR,WOODRUFF: Thave. -COUNCILOR.SHERWOOD: I'll second it. MAYOR DIRKSEN: We'll ask the City Recorder if she... CITY RECORDER WHEATLEY:. May I repeat it? .Councilor Woodruff.moved to go . . ahead with the termination of the agreement and to work with the County to see if there are any other modifications that might be made to the agreement. Councilor Sherwood seconded. `transcript from March 28, 2006 Tigard City Couricil Meeting -Agenda Item No. 9 13 COUNCILOR WOODRUFF: ...direct'staff to negotiate with the County. CITY RECORDER WHEATLEY: ok, on modifications? .COUNCILOR WOODRUFF: Yes ' i , MAYOR DIRKSEN: Is there any discussion on the motion? If not, all those in favor say aye. r MAYOR AND COUNCIL. MEMBERS PRESENT: Aye MAYOR DIRKSEN: Any opposed? Motion carried: CITY MANAGER PROSSER: Not to keep beatinga dead horse, but just to clarify -'we don't know What'sor't of modifications the county might want to request. I just wanted to clarify that once we hear something from the county on that we-will be bringing an issue back to Council and getting additional direction from you. MAYOR DIRI,'_SEN: We are always willing to talk about it. Transcript from March 28, 2006'Pibard City Council Meeting - Agenda Item No. 9' 14 stuxbj AGENDA ITEM # 5255 i Dtt FOR AGENDA OF April 25, 2006 ' QTY OF TIGARD, OREGON. COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Follow Up Presentation to Council Incorporating City Logo into Police Patch. PREPARED BY: Chief Dickinson DEPT HEAD OK QTY MGR OK . ISSUE BEFORE THE COUNCIL Presentation of the proposed Police shoulder patch designs for consideration. STAFF RECOMMENDATION Approve the new City logo design police patches. INFORMATION SUMMARY The City of Tigard adopted a new brand design which is being incorporated into all City design applications. The Police Department displays the Qty logo on its uniforms and police cars.' The Police Department has been working to incorporate the new Qty logo into the uniform shoulder patch worn by all uniformed pol.ice personnel. Chief Dickinson will present the product of the 'Department's efforts to accomplish this 'task and seek the. City Council's approval of the favored design. OTHER ALTERNATIVES CONSIDERED There will be alternative patch designs available for Council consideration.. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Follow through on 2005 Council Goal Graphic Identity. ATTAC H[MENT LIST No attachments FISCAL NOTES There are no direct costs. The new patches will be phased in on a replacement basis as old uniforms are replaced with new. -MEMORANDUM TO: City Council , FROM: Gary Ehrenfeld, Director, IT Department DATE: April 21st, 2006 ; ISSUE: Apprisal of the Caeic Center A/V Update Plan An upgrade to the Civic Center Audio/Visual Control System is planned for this fiscal year. The Civic Center's studio sound system willbe. improved and 'video screens will'be added for better presentation viewing. $83,000, was budgeted for the plan.. Consultants at Integrated Solutions, at no cost to the. City, provided the initial assessment of equipment needs. The next step 'is to issue a Request for Proposals (RFP) and hire a consultant to develop a full design. This person should be on board by late'sp"ring. Since the work will be done in the'next fiscal year, the appropriation has been included in the, . ' proposed FY06-07 budget. The Information. Technology Department will pursue a Metropolitan Area Communications Commission Grant to cover additional costs of desk screens for Council members. ' Agenda Item No. , Meeting of 5, D(D }srtl Q iiRU iZ k itt» ti y SIR . PROCLAMATLON 4 , , ~ 'Be Kind -to Animals"Week, ~ ; s WHEREAS, Oregonians. benefit tremendousty from our animal friends, who give pus companioriship and great ,pleasure, our.dally lives, and w ` WHEREAS,, we have a firm responsibility "to protect these fellow creatures from need, pain, fear If and suffering; and r WHEREAS, we recognize that teaching atuwdes of kindness, consideration and respect for'all. ' s - Ilving,things through humane edacatlon in the schools 'and "the community helps to. provide, the' basic 'values on which a Humane and civilized',society is'builr,"and` WHEREAS;.we.aredeeply Indebted to:the Oregon humane societies for over I00'years of" invaluable seMce in :caring for homeless. animals,, Ins diling humane values in our children. through • educadon programs;'and promoting a true.working spirirof kindness and consideration for animals in the hearts and ffiinds'o all people -,an WHEREAS; ye depend greatly upon our animal control agencies,. veterinarians and other org5nizations that provide humane care for-animals .and'. WHEREAS, May'l =.7, 2006`is set aside to observe nationally the philosophy of kindness to:. animals: NOW THEREFORE BE IT RESOI.VED.THATiI; Mayor Craig Dirksen ofiie'City of-Tigard, ( Oregon, do hereby"proclaim the week of.May 1 7-2006 as g { Be Kind to AnhfiAS Week in Tigard; Oregon and urge our"citizens, businessesand' ofganiiations,to join irrthis observance. ; s Dated this day of: 2006. , • 7~ IN, WITNESS WHEREOF, I have hereunto set my "hand and caused the_Seal of`ttie"City of Tigard to 1* affixed.' Craig E Dirksen, Mayor i City of•Tlgard ;T Attest: City, Recorder : aa .19 ` t , CITY MANAGER CITIZEN COMMUNICATION FOLLOW'UP FOR THE APRIL 25, 2006 MEETING At the last City Council business meeting held on April 11, 2,006, the following individual(s) testified during Citizen Communications to the City Council: Tigard High School Student Envoy Krista Foltz gave'a report on recent and future. activities. A copy of report highlights is on file in the City Recorder's office. One of the activities, an upcoming "Junk in the Trunk" event on May 6, 2006, will be displayed on the City of Tigard's website. • John Frewing, 7110 SW Lola Lane, Tigard, Oregon 97223, suggested a youth participation project for a biology class to research and identify heritage trees in the community. Mr. Frewing requested a report from the City Council members who attended•a recent National League of Cities Conference. Mr. Frewing referred to the change in posture regarding unincorporated Bull Mountain. He questioned how this would affect the City's budget. Mr. Frewing said he would like,to see sustainable City operations and asked for a report on how the City plans to address growth; i.e., what will Tigard need to continue to exist? Mayor. Dirksen responded that City staff had proposed two positions to be added to the. Community Development staff; however, with the recent decision to terminate ,the Washington County. Urban Services Agreement, those positions will be deleted. Councilor Wilson advised that the change was not a great one insofar as it affects the planning staff now that Tigard will no longer perform development review for the unincorporated Bull Mountain area. -City Manager Prosser added that, at this time, the extent of the impacts of this change is not known. City and County staff members Will be.discussing,how projects will be reassigned. Mr: Frewing said he would like to see a "flat" budget representing a "no growth" stance for the area within the City limits. Gretchen Buchner, 13249 SW 136" P1ace,,Tigard, Oregon 97223; testified about her concerns with the Walnut Street Project. She noted the need for utility companies to coordinate installation of new services that requiresidigging up new pavement, which reduces the lifespan of the road. She also questioned the adequacy of the roadbed for, the-Walnut Street project. Another concern was whether franchise fees were enough to pay for. the harm done to the life of the. road when the pavement is cut open to- mstall new utilities. City Manager Prosser noted that a.street cut moratorium will be discussed by the City Council on,April 18, 2006. MayofDirksen advised.that Washington County is administering the Walnut Street project and he would be interested in getting more information on the concerns noted by Ms. Buchner. i:tedm\Whyke& dlizen communication follow up1060411,doci:ladm\cathytcantcitizen communication follow.up1060425.66 ' Page l AGENDA ITEM NO.3 - CITIZEN COMMUNICATION DATE: APRIL 25, 2006 (Limited to 2 minutes or less, please) 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. 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." The names and addresses of persons-who attend or participate in City of Tigard public meetings will be included in the meeting minutes, whicb is -a public record. NAME, ADDRESS &.PHONE TOPIC STAFF ~n Please Print CONTACTED Name' (►L~" ~,r~' Also, please spell your'name as it sounds, if it will . help the presiding officer pronounce: Address /'3 )45 A IA/ 6 3 to % . City - State Zip Phone No: Name: ma, D _ , . Also, please spell your name as it sounds, if' will. 4tio help the presiding officer pronounce': l `Address 1/7/ 0 SO A" Al S% 1 City State Zip. Phone No. Name Also, please spellyour name'as,it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION AGENDA ITEM a FOR AGENDA OF April 25, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA T1TLE Receive and File the Annual Solid Waste Financial Re ort Findin " PREPARED BY: Dennis Koellermeier DEPT HEAD OK ' - W-CrTY MGR OK ISSUE BEFORE THE COUNCIL Tigard Municipal Code 11.04.090 requires that the City Manager prepare a report.to the-Council on the solid waste franchisee financial reports and propose rate adjustments, if needed STAFF RECONIlVIENDATION No rate adjustment is necessary at this time based on the review of the annual reports for calendar year 2005. INFORMATION SUMMARY The annual solid waste financial reports have,been submitted by the franchised solid waste haulers in the City of Tigard for calendar year 2005. The two haulers that hold franchises in the City are Pride Disposal and Waste Management. An aggregate report summarizing the data is attached to this summary. The aggregate rate' of return for the haulers is. 9.830%. This rate falls within the allowable range. established by the City Council and Tigard Municipal Code of 8% - .42%. No rate adjustment is required at this time. OTHER ALTERNATIVES CONSIDERED No alternatives available, this report is required by the Tigard Municipal Code 11.04.090. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT N/A ATTACHMENT LIST 1. Solid Waste Annual Financial Report Memo to Craig Prosser a. Aggregate Franchised Solid Waste -Hauler Financial Report FISCAL NOTES The City is expects to receive $289,370.in solid waste franchise fees for FY '06-'07. Attachment 1 M E.M O'RAN D'U'M TIGARD TO:' Craig Prosser, City Manager FROM: Dennis Koellermeier, Public Works Director PIC RE: Solid Waste Annual.Financial Report for 2005 DATE: ' . April 7, 2006 As required- by Tigard Municipal Code_ (TMG~ 11.04.090, the two franchised solid waste haulers in the City of Tigard service area have submitted their annual financial reports for the calendar year ending-December. 31, 2005. The TMC also requires the City Manager to prepare a report to the Council on the franchisee reports and,recommend any rate adjustments that might be required based on'the.review and analysis of the reports. Staff -has reviewed the annual financial reports and, prepared an aggregate report that is attached. The aggregate rate of return for the haulers..was . calculated'to be 9.83% for calendar . year 2005. The Council's policy on allowable rate of return provides for rate adjustments if the•aggregate profit rate falls below 8% or is over, 12%. Based on this policyand the calculated return of 9.83% for calendar year 2005, a rate adjustment would not be required at this time. Staff will be preparing and submitting-an agenda item for the'Council to officiallyreceive and file this report for their business meeting. on April i 5, 2006., City of Tigard Franchised Solid Waste Haulers Financial Reports For Year ended December 31, 2005 (Aggregate Report) Direct Calendar Labor Year 2005 Hours Indirect Cost Total Indirect Costs ' $1,144,467 Drop Boxes Operating;Revenue $2,143,500 Operating Costs $2,392,835 _ 12,338 $329,262 Net Income ($249,335) -11.63% Can/Cart Services Operating Revenue Residential $2,863,327 Multi-Family $12,193 Commercial $116,725 Operating Costs $1,604,207 7,460 $200,458 Net Income $1,388,038. 46.39% Container Services Operating Revenue Residential $31,875 Multi-Family $660,855 Commercial $2,521•,314 Operating Costs 12,047,481 7,384' $204,619 Net Income $1,166,563 36.30%• •,Reycling Services : Operating; Revenue ; Bin/Cart Recycling $53,049 Container Recycling $69,353' Operating Costs $1,236,411 11,962 $328,258 Net Income .(1,1,14,009) 910.12% Yard Debris Operating Revenue $6,848 ,Operating Costs . $373,528 3,066• $81,870 . Net Income' ($366,680) 'Medical Waste Operating Revenue $1,639 Operating Costs $0 Net Income $1,639 100% Consolidated Net Income $826,216.« Other Revenue 8,567 Other Costs _ 0 Grand Total Net Income $834,783 Total Revenues $8,489,245 42,210 $1,144,467 Profit Percentage • 9.83% AGENDA ITEM 43, FOR AGENDA OF A12rilY25, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution Approving Budget Amendment #11 to the FY 2005-06: Budget to ;Increase Appropriations in the Social Services /Community Events budget in the General Fund to•fund a portion of the' Tualatin River National Wildlife Refuge Grand Opening Ceremony. PREPARED BY: Michelle Wareing/Duane Roberts DEPT HEAD OK CITY MGR.OK ISSUE BEFORE THE COUNCIL Shall the City Council approve Budget Amendment # 11 to increase appropriations in the Social Services /Community Events budget to fund'Tigard's contribution to the'Tualatin River National Wildlife Refuge Grand Opening Ceremony? ' STAFF RECOMMENDATION Staff recommends approval of Budget Amendment #11. INFORMATION SUMMARY On April 11, 2006, City Council discussed the request by the. Fri ends of the:Refuge for the.City to contribute $1,500 to the Tualatin River National Wildlife Refuge Grand Opening Ceremony, which will.occur 'on- June 3, 2006. Federal statutes precluded the use-of federal agency dollars to fund events of this nature. The Friends group has been soliciting contributions from public and private sectors and, in-kind contributions. The Grand Opening Ceremony will celebrate the completion of the first phase of the visitor use facilities and its official opening to the public with a day of festivities involving a ribbon cutting ceremony and wildlife tours. The celebration will continue with more tours on June 4, 2006..' Headlining *the honorary grand opening committee, among other dignitaries, are former Senator Mark Hatfield; Congressman David Wu, County Corniinissioner Chair Tom Brian, and . Tigard Mayor Craig Dirksen. The City's prior involvement:'in the Refuge includes. a .Council-authorized letter, under Mayor Dirksen's signature, sent to the Oregon congressional delegation in support of federal funding for Refuge visitor facilities. The Social Services /Community Events,budget does not have sufficient appropriations to cover the contribution. This budget amendment will increase appropriations in the Social Services /Community Events budget by $1,500 and reduce the General Fund Contingency by the same amount. ' OTHER ALTERNATIVES CONSIDERED ' . Do not approve Budget Amendment '#11 COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT None ATTACHMENT LIST Resolution including Attachment A FISCAL NOTES This'resoludon will'transfer $1,500 from the GeneraYFund Contingency to the Social Services /Community Events. Division Budget to fund the contribution to the Tualatin'River National Wildlife Refuge Grand Opening . Ceremony. AGENDA ITEM FOR AGENDA OF April25, 2006 CITY OF-TIGARD,'OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE' Amendments to Management/Supervisory/Confidential Group Personnel Policies PREPARED BY: Sandy Zodrow. HR Dir. DEPT HEAD OK CITY.MGR OK ISSUE BEFORE THE COUNCIL Should Council adopt amendments to the Management/Supervisory/Confidential Group Personnel Policies STAFF RECOMMENDATION Adopt amendments to the Management/Supervisory/Confidential Group Personnel Policies INFORMATION SUMMARY ; Approximately 85 employees are covered by these personnel'policies including department directors; division managers, supervisors and other administrative professional staff. It has' been approximately four years since 'the last comprehensive review 'of these policies.' Recently:. Executive Staff completed' a.' full. review of the policies 'and recommended several amendments. .The City Attorney's Officehas also reviewed and approved- these amendments. The amendments are generally "housekeeping" or clarification changes and major highlights include: * Various clearer wording/phrasing amendments that don't alter'the current'intent of the language * Clarification to sections pertaining to positions, covered by employment agreements, reinforcing their current,at will status,'the City's termination rights, and lack of appeal for discipline * Delete references to collective bargaining agreements since these positions are not represented *-Extending the probationary period from three to six months * Delete residency requirements; which the Council previously deleted under Ordinance 01=22 * Delete a list of job cl'assification titles referenced in Policy No. 7.0 Overtime as they ;are already- referred to in the City's Pay Plan _ *.Addition- of title of "Assistant Police Chief' under the retirement provisions as this position has been created since the last review of these policies * Change of title of 'department head'! to "department director" OTHER ALTERNATIVES CONSIDERED Leave existing language as it.is. COUNCIL"GOALS•AND TIGARD BEYOND TOMORROW VISION STATEMENT Clearer language in personnel policy documents helps improve communication and performance expectations within the organization and among.employees covered by, these policies,. A I'TACHMENT LIST rit Supervisory/Confidential Employees proposed Resolution Maria etne Exhibit A, Personnel Policies; g FISCAL NOTES s to the, costs.associated with these amendmBrite, policies. There are mgt rules 4- 06.doc, 06\060425\agenda item summary r.\adm\packet f CITY. OF TIGARD,.OREGON. TIGARD CITY COUNCIL RESOLUTION N.O.06- A RESOLUTION ADOPTING AMENDMENTS TO THE MANAGEMENT/SUPERVISORY/ CONFIDENTIAL PERSONNEL POLICIES WHEREAS, the City- Council of Tigard, 'Oregon previously adopted Personnel Policies for the Management/Supervisory/Confidential employees attached as Exhibit A; and WHEREAS, "these policies have not been, comprehensively reviewed in approximately four years; and WHEREAS, the City's executive staff and City Attorney's Office completed a review and update to -.these policies, which,are being submitted for Council adoption. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that".-, SECTION 1: The 'recommended changes to the' Management/Supervisory/Confidential Personnel' Policies .are. adopted SECTION 2.: This resolution is effective immediately upon passage. . PASSED: This day of 2006. ; Mayor - City of Tigard ATTEST: , City Recorder - City of Tigard RESOLUTION NO: 06 Page 1 t Exhibit_ A y/Confidential Mana ement/Supervisor 9 Personnel-Policies April 25, 2006 . pro' _ - PF:t.2WSONNEL POLiCIRS-Management/SupervisoryK'onfidentLd Employees INDEX. TITLENUMBER PAGE : Purpose 1.0* to Position . 2 Employment Agreements 3.0................................................:...... 3 .Compensation 4.0.......................................:.:............. 4 ; Probationary Period 5.0*...........: 5 Merit Salary Increase 6.0...........'..........:...::.................:..:..:... 6. Residency Requirements 7.0...............:....................................... 7 Overtime 8.0........................:..... ......'.:.8-1 T Holidays 9.0:....:........:.:...:....... . 12-13 . Management Leave 10.0.................................................... 14 Vacation 1'1.0.....'............'.................... 15 Sick Leave : 12.0............................................... .:16-17 Other Leaves.............................::.................................... 13.0...................: .......18 Compassionate Leave 18 Civil Leave Military Leave . 18 Leaves of Absence without Pay 18-19 ' Em to ee Benefits..... Health, Vision; and Dental Coverage. 20 'Health Coverage for Employees Over 65: 20 . Health Coverage after Separation of Employment 20 'Health Coverage after Retirement 20 . Long-Term Disability Life Insurance • 21 ' Supplemental Life Insurance 21 Other Insurance Programs 22 ICMA 401(a) Retirement Programs:...:..:l...: 22 PERS Retirement Program:.:, 22 Deferred Compensation Program 23 Social Security 23 Layoff and Recall 15.0............................. 24-27 Moving Expenses 16.0:.........•..........................................28 . Discipline . 17.0*'................. 29-31 Discharge Procedure 18.0*......:.:......:.:..:..:..............:....::... 32 APpeal'of Discipline 19.0*.........:.....:. 33-35 * Adopted 0210911999. All other articles adopted 1112411998 c PL RSONN. L.A. POLICIES - Iti'lanagement N0. 1.0 Adopted 0210911999 r PURPOSE These personnel policies and procedures are designed to'inform all employees of the day-to- day administrative working of the City. They are also meant to provide employees with, an, understanding of what is expected of them and,to provide''consistent, fair and uniform treatment to all. De10bCd: The niles'and~piocedures - - contamuJ h ,cin `shall apply to'all C iry. ~m~Iope ti Where the provision -t i These policies are specifically applicable to the' Management, Supervisory and Confidential Group employees of.the City of Tigard,and - shall be utilized as a supplement to-the City's ll'ti1e' axga`inillo~i Ieemenisf,~i'p~~>>; general Personnel Policies. These policies are applicable to those job classifications identified in the Management, Supervisory'and Confidential Group pay plan. The City reserves the right- to change any, of these. policies. and procedures at any time.. Although it is the City's policy not to terminate,the employment relationship with the City unless it has just cause to do so,, these policies and.proce'dures do not and,are not intended to constitute a. contract of employment or a promise or guarantee of specific treatment in specific situations- ; Aur ioiirrY AND RESPONSIBILITY' . . The Mayor and the City Council shall have the` authority over all matters of personnel , administration through adoption and implementation of the City.budget, pay, plans;'collective bargaining agreements, ordinances and resolutions .adopting and/or amending'ahe personnel rules and regulations. The City Manager may interpret the language •of the rules and regulations in any case where interpretation is in question, and may specifically delegate the authority for the enforcement of these rules and regulations. The City Manager shall be, responsible for, ensuring the effective implementation of these rules and regulations and may further establishamend. or, otherwise modify these .rules and . regulations pursuant to City Council policies. The City Manager, shall advise the City Council . , r. on any changes concerning these rules and regulations. POi_icii.:S - Management No. 2.0 . APPOINTMENT TO POSITION The Mayor of the City of Tigard; with the consent of the City Council, exercises appointive and removal power over the offices of the City Manager, City Attorney, Municipal~Judge, and City, t ' Recorder. 'Jiltcumbents appointed to these positions after February' 17, 1986, serve at the Deleted u~Ac,.s - - - pleasure, of the Mayor and City Council and can be terminated from•their position without lo`m"' " individual Idlm~ the lx ili r2i1"he cause jn accordance with the terms of their em lovment a eements. Cit Ordinance 86-1'5. - - p - - y -Deleted: cone The City, Manager, after consultation with the Mayor and City Council , has appointive and Deletes sush -ph , ~~~„I , with the city M m C r Ciq 4num 1 'u x,t al ^ . removal power over all persons serving as Department Directors for the City. In addition, the Municipal J dg , d City l tt,.l bm6im~ ool} upon theappointing d'ir. City. Manager has supervisory responsibilitiess`over the City Recorde~,Department Directors Cououl n d must be renetvt aied .t:. appointed after February 17, 1986 are "at will" employees and may be terminated pursuant to majority, of "C', hounud me,obef, TU the terms of their employment agreements with or without cause. (City Ordinance'86-1 S). ei~ted. . - - DeieteA. l i Icss odinisc uci cad - Wan employment agreemew -th ihr individual tilling such a posiiiuu, pist t cause shall not be regwred for removal of:' f . Deleted:5 Pt3RSQtiNLL. POLKALS ; Management ; No. 3.0 Emn.loyNtCNT AGREEMENTS The City Manager, City Recorder,- and Department Directors and other managerial em -lo ees Deleted: Oni des a ted by the City'Council or City Manag-er serve under the conditions of an employment agreement. All persons serving under an employment agreement are "at will" employees and. may be terminated 'pursuant to the'terms of the employment agreement 'with or without cause Th co- nditions!i --rr an emPto~ent 'a Bement may include but are not limited to ' .terms of Deletea, oilier s,nonsdeli' 'snated • - - - - - P9 appointment, supervision, termination, duties, salary, and fringe benefits. All employment the city council or City Manager ma} also serve under the condiuonsof an agreements shall be in writing and, approved by, the City Council or City Manager, depending, einploytnent agreemetnt on,who is the appointing authority,F,The erriployment agreements prevail over--these personnel Deleted; 5e policies. The personnel policies apply to those who serve under,an employment agreement to Delete ted it,,, ausc_h91ii n(,, the extent not inconsistent with the employment agreement, except that Policies 17 and -18 and ft(i,l d I ' m „ I ,rte nicun nrn~ • - serving under the nndttious dau All portions of Policy 19 other than the "Procedural Rights, Related to Performance for employment air emeni- - Department Directors" section do not apply to those who serve under an employment Inserted: Just cat- shill not he agreement. Nothing in the personnel policies shall be considered to'in anyway limit the City's a:~~a -I r i icmov9d of im incumlkui authority to terminate an employee pursuant to the termicif an employment agreement. c ing ,_'q~pl o}nie I rciuent Deleted - - _ `Deleted; is to be.wlized in conluu11101," ' with the personnel policiesbfthc r it} In ` the event that the language contained in the employment agrcemeni drlfers -A a provision in the pers nncl pehcies. the employment agreement shall tA, ' p~eceder•ce3 P` t:~ t) vca.. Wc)t..t<'tt 5 - Manageme "t No-4.01 CONVtI'I N `1TIC)1` er, shall set,the salary'schedule to ees shall be ce'w►th'. the f the CityManag . employees shall be ity Council, with the recommendationfo paid in accordan The.' ensation. Emp y ted by the City Council: Newly hired ecifi cally appr o ved to be used as the b he ule as adop unless otherwise sp established salary level salary for their position compensated 'at the entry by the City Manager. 4 _ j ,fir _ f Pt:as~ `tvt t. POL.ICIL'S - Managemeiit No. 5.0 Adopted 0210911999 PROBATIONARY PERIOD s ewly hired or promoted employees shall_ serve a six {6) month probationary period. During Deleted.'Exetpt as otherwise`pro~aed this probationary period of employment employees may be dismissed without cause by the City ' • for an ~ppli` nle ` 'ie` I` Fj`:, amenr Manager or'by the employee's department director with the approval of the City. Manager.. Deleted Notice of dismissal during the probationary,. period shall be in writing and shall state the effective date of dismissal. If, in the opinion of the department director and consultation 'with . the City Manager, a longer probationary period is necessary Ito evaluate the employee's perfnuance, the probationary period may be extended, by the department director for a maximum ofS ix 6 months- . • - - - - - f Deleted three(3) - 4' a Deleted: All employees being - - - . ' promoted or transfcrrtd mll.bt'subjecr io six (G) month probationary penod,~, 5 PERSONNEL POLl(*lf:`S'- klanagement No. 6.0 MERIT SALARY. INCREASES r 44nployees of the City shall receive salary increases, within the salary range of their job° Deleted: Except Wti•~r~ pl,i,~n i I languageln any a pp1ioN classificatiotlon the basis of merit o° - bargainingapeemea., Deleted: c A performance review must be completed prior to.awarding'a.merit increase. Merit increases' - shall be granted based on satisfactory performance, at the completion of twelve months of Deleted: Deleted: employment .from the- date of satisfactory completion of-the probationary .period,. and.,every twelve months. thereafter'. -Additional merit-increases may `be granted at anytime based on Deg feted` ,d ,w °'a°, ni rca.x. "11 "n :+atiual c r 'tbcr ba documented' performance reviews. Contingent upon satisfactory performance;, an employee shall receive a merit increase not to exceed the top step -of the salary range forthe classification, as provided for under "Performance Reviews When an employee reaches the final.step of the salary range, no further merit increases.will.occur. 71 r .r' PERSONNEL IPOLI(. iI S - Management „ No. 7.0 l l Residency Requirements has been deleted per Council Ordinance 01-22 discontinuing requirement a• - Related ¶ • - - P RSONNEL POLICIES - ManarTCment - . - DaleCadrct rn , i 7c ~ • The City ~.11n~c,er, (it I ,io,d-, ,:nd all . - Department Heads arc requncd to ~ establish and maintain pennanent ®V ERT I M E ' • T; residency wdtudthc boungmes of Clackamas; Mulmomah or Washington - - r » Counties in dre State ofOr~t•:,n',aithiu wor It is the policy of the City to reduce to a minimum the neeessity.fon overtime. Overtime,' k nine months following t1 Cir.uppoinnnci,t unless otherw- ise•agreed to in ,rating be shall be discouraged,,and department directors andsupervisor shall make every effort to''assign the city;council.y k to each employee, duties and.responsibilities.which can be'accomplished within the employee's Page Brea established work schedule. However,' there may be times when City „employees may' be'. , expected or are: required to work beyond Aheir normal work schedule in- order to provide the services and support necessary to conduct and supervise the'work programs which have been . assigned to them. It shall be the responsibility.of.the department director to assign and/or allow overtime with due consideration for budgetary accountability. Flexible scheduling in liewof overtime .shall be encouraged whenever feasible.All overtime to be worked:' requires the' advance authorization of the employee's'supervisor.' For the purposes of calculating overtime for Management/Professional Group employees, all paid leave shall be treated as hours worked except in the event such leaves -are interrupted and the employee is called back to work due to an emergency outside the ,control of the City (i.e. weather, act of God, earthquake, flood, etc.). " , • . OV1,T •1'/e4 E FOR F L.SA J1`4 E.AYAOFEES ' The M-1 category includes department directors. M-4 employees will be allowed to take time off as the workloads permit. Employees in this category may also be allowed,to utilize flexible . scheduling. % " y K.. r 0Vf RThWE FOR FLSA M-2.E.wPj o1E°Fs The M-2 category covers senior management positions including division managers, some supervisors, 'professional employees and other senior management classifications. M-2 employees who' work in excess of the payroll period will be allowed 'to 'utilize. flexible scheduling to take time off as their workload permits and at the discretion of the department , director. If the department director approves M-2 time (hour for hour) instead of flexible scheduling, the employee may not accumulate in excess of 40 hours.' M-2 time will not be cashed out at any time. All M-2 time accrued must be documented on Ci 'time OV!>RTi.1fb %c1R F1:.44 h1-31:1fl'LOI'F,FS M-3 employees are Management/Professional Group non-exempt employees pursuant to the Fair Labor Standards Act and other exempt. positions as determined by the City. These positions will be provided time and one-half compensation in cash or_'accrued compensatory time for all hours worked over 40 hours in a work week: The maximum accumulation 'or cap of compensatory time shall be 40 hours. 'Employees should use accumulated compensatory time before "vacation or. other accrued leave (at time and one-half) as soon as practical., At the discretion of the department director, overtime may be paid in.lieu of compensatory time if budgeted funds. are available. The classification,of Police Sergeant is the only'exception to calculating overtime over forty (40) hours in a workweek. For this classification, overtime shall be calculated,bn a daily basis. Employees assigned a 5-8 schedule shall be compensated at the rate of time and one-half for all work in excess-of eight (8) hours on any work day and all work performed on the 6th and 7th day of an employee's workweek: Employees assigned a 4-10 schedule shall be compensated at the rate. of time and one-half.for all work in excess often (10) hours in. any workday and all work performed on the 5th, 6th and-7th day of the employee's workweek: In regards to overtime compensation- for Lieutenants. of the Police Department; when a Lieutenant.is 1) unable to flex their schedule, and 2) has accumulated the maximum of 40 hours compensatory time allowed under the Management Personnel Policies, any overtime worked which exceeds the accumulated 40 hours of compensatory time would be paid for in cash during the.payroll period in which it is worked. 8. M1TSONNI11_ E'i».ICtrs - Management, {Delet-d- 3 d•~-;t DeIeto - bra u . ' 1 nai'cc Ihrrdt,r'I City. .ni°inccili ' / - ' PUblic ~4'orks Dueetor!J - _ a - ' Conunuuity llcvclopmew DireLL01`! 'Poh c Chid',; • - _ Fi n:meinl thnrlliuns ,bf:utngc dl ~ - ' ' LiuildingOtllaeNj Fnl inccnnt, lxnagci't . ' . ~ .,t:mt tot e Cu}' Vmtugei'J Police Licuten uttl Network Servi,,,,s Uircctot'd Human Resources Dirccioj~, Police Captainq Library `Dmsion Manrgc,", Libra ec 11 y Reader -Service, spcu rhstQ I ibrary'PtrCUI,Iwi. Sup", I, ' I'rolcct n,gmceil - - <~Cruiio L iision6lanagct~j. . Propeny DivisionMnnat~n~ Utility Untsion Menapcrgl e Aduuubtfanve Smi c, Man, -j • PltmninF. Supen~soi y. . trr Senior '~lanagenicnt ,nit} uRij"I - "em", Boman ' F ,uunt 1 Ic vnnnwni iii ms Anah~l~ I I lans Ps unin woo Sul cat n d , , • Suiior I him n f.cs.nir c, lnal} °I . l kvel„pw tit Ccrvias Supcnisor'I • - InspcAt n ' jm'isoi'J -Page Bruak _ Ltbruy.I c,hmc,d Su i_.,, Cuordinatot'~ - yerl PoticeSci t~ ' Confidential Executive Assistant'] . • - Micro Computer SupportTechnic ' - _ AssrstantPlanner~,i, t Deleted: The City'prohitlit, tiny improper deductions` from the salans oef, • - exempt emptoyees'it.is the City's mteiu to pay each employcc,'exempt -or non-: • "cvmph'dte proper and appropriate p:i, It m exempt employee belie vei I'M... salary has been imprupeil, reduced, the employee should fu It report • _ - - `ttic matter to the City's Finance>. • - Departiuent NyrolfSection. ]fill, muucr . is not resolved to the employee's • satisfaction, the employee may report the matter to their Depamnent Director and lheGtyTtnnuec Director. Thcdecisron of the'Fir ce D.rectmr will be firal in • - - - martcrs.,ga-dinE allegation so f im prnhcr • - dcd-Ul a of the aalaziee ofezenipt - - - • employees. lhis procedure is'the . exclusive pmuslmc tor, hallerigme ' improper deduction- under this'section,. ' and i, in lieu f thc.jpevance procedure • -t forth 'mArttole63 0, Complaint . Procedure (ft, qty wide k. ~s .i f21 9 V Page 9. i[1] Deleted : HR 3/27/2006 9.31 AM M.-1 CATE'GO'RY Library Director Finance Director. City Engineer Public Works Director. Community Development.Director . " Police Chief ` M-2 CATEGORY . . Planning Manager `Financial Operations Manager. ; Building Official Engineering Manager Assistant to the City Manager Police Lieutenant Network Services Director Human Resources Director Police Captain' Library'Division Manager -Library Technical Services, Specialist Reader ServicesSpecialist Library Circulation .Supervisor. Project'.Engineer Operations Division Manager Property Division Manager " 'Utility Division Manager 'Administrative Services Manager - Planning Supervisor: - Senior. Management'Analyst/Riskr,.' Senior Human Resources/Telecommunications Analyst Plans Examination Supervisor Senior Human Resources Analyst Develom pent Services Supervisor City Recorder Inspection Supervisor Page. Break M=3 CATEGORY. ; Library Technical Services Coordinator Buyer Police Sergeant Confidential Executive Assistant Micro Computer Support Technician- . - t, ~ , Assistant Planner Executive -Assistant to City Administration Human Resources Technician Human Resources, Assistant' Risk Technician, Police Records Supervisor Fleet Services' Coordinator : Associate.Planner ; Budget and Financial Reporting Analyst ; t., . Human Resources Analyst Volunteer Coordinator ; Wastewater Operations Supervisor Water-Operations Supervisor Grounds Supervisor Street Supervisor Fleet and Facilities Supervisor Page 9 '[2] ;Deleted HR jil7I 006 9:32 AM.. The City prohibits any improper deductions from the salaries of exempt employees. .It'•is the:City's,intent to pay each employee, exempt ornon-exempt,, the proper and appropriate"pay. If an exempt employee believes:that,his/her salary has. been improperly reduced, the employee- should first report the matter to the 'City's Finance,Department Payroll Section. Ifthe matter is not resolved to the.employee's satisfaction,':;the.employee may report the matter to their Department'Director and *the CityFinance Director. The - decision of the Finance, Director will _be final in matters regarding allegations. of improper deductions of the salaries of exempt employees. This procedures is the-exclusive •procedure for challenging improper deductions under this section, and is in lieu of the: grievance-procedure set forth in Article 63. 0, Complaint Procedure,,•of the.. City wide Personnel Policies.. . " An employee who has been subject to an improper deduction will be reimbursed by the ' City.no later than the next complete payroll period following the"date that the determination of the imp roper'deduction was first made bythe_City, The City will make good-faith efforts to ensure compliance with the rules concerning deductions 'from'Ahe salaries of exempt employees in the future. Pt RSONNEL POLJCILIS - Management.' No. 9.0 Hotm)AYS The City obsetves•the following paid holidays: New Year's Day January 1 The Birthdate of Martin Luther King, Jr Third Monday.in January President's Day Thud Monday in February Memorial Day Last Monday in May Independence Day - July 4 Labor Day First Monday in September, Veteran's Day November 11: Thanksgiving Day Fourth Thursday in November' ' The Friday after Thanksgiving Day Friday after Thanksgiving Christmas,Day December 25 To receive holiday pay,"employees must work'the last scheduled workday before and the first scheduled workday after the holiday, or be on authorized leave with pay for both of these days. Whenever'a holiday falls on Sunday, the succeeding Monday shall be observed as the•.holiday; whenever a holiday falls on Saturday, the preceding Friday shall be observed as the holiday. Holiday pay for-full-time, regular employees is eight (8) hours. Holiday pay, for part-time employees shall be pro-rated according to their regular work schedule. Temporary employees are not eligible for'holiday pay: Holidays that occur When an employee is absent from work on approved vacation'or sick leave will be paid as,holiday pay and no deduction shall be,made from their accumulated vacation or sick leave time. Non-exempt'(W) employees who,are required to work on a holiday will be compensated for all hours worked on the holiday at 1-1/2 times their straight-time rate in'addition to holiday pay. This premium. pay shall be due for working on either the actual holiday or the, observed holiday, but not tioth.• All other exempt employees-required to work on a holiday may take,an "alternate" day, off within 60 days followmg.the, holiday. Part-time employees who are required to work on.a 10 % holiday can choose to either receive prorated. holiday pay for the'day or a prorated "alternate" holiday to be taken within 60 days',following the'holiday. "Alternate" holiday time wiI] ha be':,'!' ' carried over the 60 day limit.:. , In lieu of holidays off, Police Sergeants shall be credited with eight (8) hours of holiday -compensatory time or cash, at the option of the employee, for each month worked. If the. Sergeant elects to .receive .compensatory time,'such time off shall be credited to his/her.,'. ' vacation/holiday account. Within 30 days of the dates specified herein, the Sergeants.will -be:required to advise.the City what portion of their holiday time is to be converted to their vacation/holiday account and/or paid monthly or on the dates specified below.. If a Sergeant elects to have a portion of their holiday hours paid, such.payment shall be made on December. l and/or June ..l of each year: and ; shall not exceed 48 hours on either date. Human Resources will provide the Sergeants with a selection form and each employee will be required to, make a selection and return the form within the time period described in this'section.:Sergeants shall not be allowed to accumulate vacation/holiday in excess of 280 hours, or double'their vacation accrual; whichever is greater.- , Library Holidays Section 1. Holidays: • . s { a) -New Year's Day; January 1 b) Memorial Day, Last Monday in May c) Independence Day, Jul- 4 d) Labor Day, First Monday in September e) Veterans Day, November 11 f)' Thanksgving Day, Fourth Thursday in November- 1 .g) Christmas Day, December 25 h) Three (3) floating holidays,in lieu of 1) Martin Luther King 2). P'resident's Day 3) Friday after Thanksgiving Section 2. Holidays will be observed on the actual day the holiday falls. For full time and part time employees not scheduled to work on the day a holiday falls; the employee will arrange with his/her supervisor to mutually'schedule an alternative day off within sixty (60) days or the day of the City wide observance: Section 3. Floating holidays will be accrued in'each of the payroll periods in which the City's • ' ' holiday actually occurs (see above listing of floating holidays). ' Section 4. It is the responsibility of an employee-who accrues a floating holiday under Section 3 to schedule the holiday time off at a time that is mutually.agreeable to the employee and his/her supervisor. Any accrued but'unused floating holiday time will not be lost at the end of the fiscal year. Section-5. The employee will not be cashed out for holiday time. ' Pt Rsc.»:vri.. Poi-iciL.s - Managecrient No. 10.0 MANAGEMENT LEAVE Regular, fulltime employees in "the Management/Professional group shall accrue management leave based on their length of service in a management/professional position. Management ' leave,for regular part-time employees working 20 hours or more per,week in these positions shall be pro-rated according to their regular work schedule. Newly appointed management/professional 'employees will receive a pro-rated 'amount of management leave during their first fiscal year of employment based on completion of each full quarter (3 month) period worked. Eligible employees shall earn paid, management leave according to the following, schedule: Date of hire - 1 st fiscal year 2 hrs/full quarter worked end of 1 st fiscal' year - 2-1/2 years 1 day per fiscal year 2 - 1/2 years plus one day through 4 - 1/2 years 2 days per fiscal year 4 -.1/2 years plus one day' 3 days per fiscal year Management leave is posted on July 1 st of each fiscal year and may be used after posting. All management leave must be taken by June 30th of that fiscal year and may not be carved over into the next fiscal year. The employee will not be paid for management leave in the event of . termination of service for any reason. 12 PERSONIN! L Pi.».tC![:S - Nlanagement No: 11.0 : VACATION LEAVE Regular, full-time employees shall accrue vacation leave based on theirlength of serv ice with the City. Vacation. time for regular, part-time employees who, work 26. hours or more per week will be prorated according to their regular work schedule Management/Professional group employees shall accrue vacation time on the following basis: YEARS'OF SERVICE!, ACCRUALRATE/MONTH 0 to 6 months No monthly accrual - 40 hours ; credited at the.end of the probationary period beginning of 7 months.of service 7hours/month beginning of 1 year of service 8 hours/month beginning of 6 years of service 10 hours/month beginning of I I years of service 12.5 hours/month beginning of 16 years of service 14, hours/month beginning of 20 years of service. 16 hours/month Vacation shall be credited as earned for each month of service or pro-rated for each fractional . month; expressed to the half-month of service. Vacation leave shall -be posted at the end of each pay period in which it is earned. Employees;.may not use vacation leave until it has been " earned. Management/Professional employees may not accrue vacation time in excess of two (2) times their annual accrual. Employees, may not accrue vacation time beyond the maximum limit. It is the employee's responsibility'to schedule sufficient, vacation so that he/she is not denied accrual of additional vacation time. With written approval of the department director, Management and Professional employees may receive pay in lieu of one week of vacation leave each fiscal year, provided the payment is requested in conjunction with a scheduled week of vacation time off. Employees may- also' receive pay in lieu of a second: week of vacation each fiscal. year, provided an additional for ty (40) hours of vacation are taken off during the fiscal year. f Upon termination of service for any ,reason, the employee. shall be paid for all earned but unusedvacation time accrued. 1 13 ` PGRSONI-Ni;,., Poi-wit-s.- Managcment No. IZD SICK LEAVE An employee who is unable.to work by reason of personal illness or .injury, necessity of,, medical- or dental care, exposure to contagious disease; or critical illness in the, employee's immediate family, may utilize sick leave., Sick leave may also be used under the provisions of, the City's Family Medical Leave Policy. Regular, full-time employees accrue, sick leave at the rate of 3.7 hours for each two-week- payroll period they are employed'by the City. Sick leave,for,regular, part-time, employees working 20 hours. or more per week shall be prorated according to their regular work schedule. Sick leave shall be posted at the end of each pay period. There shall be no limit on the amount of sick leave an employee may accumulate. @ UTILIZATION Accumulated' sick leave.shall• be payable at the employee's, regular straight time rate in an amount equal to'the time the employee would have normally worked. In the event an employee is `absent from work because of the need .to use sick leave, the employee shall, within the first half-hour of their scheduled start time, notify their supervisor of their reason for_being absent. Sick leave may not be used untihit,has been earned. ' Employees must notify their supervisor each day they are .absent except employees who, are on pre- ' approved sick leave such as worker's compensation or FMLA. At the discretion of the Department Head, a physician's certificate may be required before an employee is permitted to return to work or to be granted sick leave. Proven abuse of `sick leave shall result in disciplinary action. 'If an employee runs out of sick leave, any additional time missed will be automatically deducted from the employee's accrued vacation, compensatory, management leave'and holiday ' , Deleted: accrued „ 1 r time. If the employee has nq''paid.leave time'adailable, the employee naY-be placed on leave without pay. compensamry t me Deleted: w,li_ Sick leave may not be used when an employee is actually performing the work involved in a preapproved outside employment agreement. 14 • PtIYS(Cl~t~';SCER7IFTC'~TK):'~' t.,'. ' In cases of illness or disability as certified by an employee's physician, the City has the right to' ' obtain a second medical opinion to confirm the employee's limited ability.io perform the duties, of their position or inability to return `to work: Such examinations 'shall be performed by a licensed medical practitioner of the City's;choosing,and shall',be paid,for by the City. .The consulting practitioner shall submit a written report to the' iuman Resources Director who will make a final decisiork regarding granting of sick leave benefits. Employees _who _.ref ise to ` Deleted , submit to a second opinion examination may be ineligible for the use of accumulated sick leave; for the particular disability in question., ' lI ORKER S C0.11PENSATIO ' Sick leave benefits are not available `for any illness' or-injury that is covered by Worker's' ' Compensation .benefits provided by the City'or another employer. The City shag make up the' difference between time loss payments 'and the employee's regular net pay at theime of mlury: geieced. i J~ ' The.City shall continue to make the 'same contributi'on''to all benefit programs as would have been. made if the employee had worked his/her regularly scheduled'hours of work.? Whenever. an employee receives a reimbursement'for worker's compensation time loss benefits, he/she shall' endorse the check and give it to the Finance Director or their,supervisor for deposit _b 'the City. Time lost for injuries covered by worker's' compensation will not be charged to the employee's accumulated sick leave. Ifthe Worker's Compensation'leave'is for a qualified state or federal family leave purpose, such leave of absence:shall be granted against the employee's . annual family leave entitlement concurrently. .1,. t ,pry... . ,,-''7•y ` , . . ` / 15 PI. RSONNEA_ PU1..101'S - Management' No.' 13.0 % OTIiER LEAVES ' Ct1a PAYSIONAfF: LIiAy•1', . In the event of a death in the employee's immediate family, the'employee may be'granted time off with pay for a period not,to exceed, five working days. For the purposes of this section, an. ' employee's family shall be defined"as: spouse, child, .parent;;_s'Ning, father-in- law, mother-in-s law, son=in-law, daughter-in-law, brother-in-law, sister-in-law, grandchild, grandparent, or any ; other-person who is a dependent of the employee. The City Manager may-allow additional paid time, off or may recognize the need for granting the use of compassionate leave in the event of the death of other relatives or non-relatives. ` 07611 LF•fl6'L. Employees shall be granted paid leave for service on a jury' or when-subpoenaed as a witness in . a court proceeding in which the employee does not have a-personal interest. The employee shall remit said fees due them'for jury or witness duty to the City, except reimbursement for mileage, meals, etc, to-the City. Employees are" required to "report to work when less than a normal workday is required for jury or witness duties. M LMIRyLE.414" Military and Peace Corps.leaves shall be granted to employees in accordance with state and . ' federal laws. L i.,AV S OFAB, L];!'CL•' W17'}/OVT PAP•; ' Employees may request a leave of absence without pay if circumstances require" an absence from work.: The employee mustrsubmit a written request for approval of the leave of absence to their department director and/or the City Manager.' • This written request must' establish a . , reasonable justification for the leave and the duration'of the requested leave. 'Leaves will not 'be granted to accept, employment outside the City., An employee may be granted a leave of absence with'outtpay for up to twelve (12) months when the work performance of the , employee's department will not be seriously 16 handicapped by,their. absence. Vacancies created, by the employee's`leave, if filled; will.be " made by a temporary appointment. Employees shall be 'required to exhaust all accrued,paid leave prior to being placed on leave without pay status in the following order: vacation, compensatory time, management leave, , sick leave. If an employee exhausts all accumulated sick; leavedue:to illness or injury, they will be required to use any accrued vacation, compensatory time, and managenient'leave prior. to being placed on leave without payrstatu§ (see Family Medical Leave Policy)'. All leave accruals and retirement contributions shah.begin to accrue when the employee retums ng leave balances:- Seniority accrued.prior to'an ' c to work, without loss of any-previously isti authorized leave of absence without pay will not be lost. Health'and other insurance benefits'.: - shall be administered according to'the appropriate,insurance guidelines.. • ..r. 17 - PERSONNI;I..POLKILS -.Management No. 14.0 EMPLOYEE BENEFITS HFAI_TII, VI.S10,N', A,vD Dr.:N,7:4.L COVER.4GE ' The City provides group health insurance for regular employees and their dependents to cover non-occupational injuries and illnesses.,. All regular employees working 20 hours or, more per week are eligible for'medical, vision, and dental insurance, for themselves and their dependents. oeteti" 'S - Regular, part-time employees working from 20 hours to 31 hours per week are"responsible for paying one-half the cost of the monthly premiums. Coverage becomes effective-on the first day of the.month following completion of two.full months of employment. Any monthly premium payments necessary to cover the. employee or their dependents will be deducted from the employee's paycheck. IIGi1LT1I COVERAGE FOR E.,wPI_(?}'I I-:..S O6'L•'R 65 Any current employee who is. also Medicare-eligible will continue'to be covered under the City-sponsored group insurance plan-of their choice.. Primary coverage will be through the . City's health plan. The employee may also choose to enroll in Medicare as a secondary provider to help pay remaining eligible expenses. The City does not pay Medicare premiums.. KT 11.TNCl1pF..R.1f.,'Ef1FTf.RSF,PAR11TIONoi,,,Empt..,OYtiiET Health coverage through the' City ceases at the end of the month in which employment terminates: Employees and their dependents who no longer qualify for City coverage;. may elect within 60 days to continue their health insurance at the City rate :through ,tbe COBRA program. Monthly premiums are payable to the City. H.E tL"I'H.C:OY'F•K4GL.B.L'rVt"I'l7SAID77'R RLTIRE; IE,N'T Employees retiring under the City's retirement plan may continue their health 'insurance coverage through the City by paying the monthly premium. Employees must elect coverage within 60 days of their retirement from the City. When the employee or their spouse becomes eligible for Medicare, that individual's health coverage through the City's group plan must be discontinued. However, the other individual is eligible to continue the City's group plan. coverage until such time that.they reach Medicare age: Upon reaching the: age of 18, any unmarried, dependent child will, no longer be eligible for health coverage under the City's group plan. Y 18 Lo:?VG-71,Rm DfS,1BILITI;COVERAGF' . ' Effective on the first working day of the month following completion of six (6) full. months of ' continuous employment,{ regular full-time employees and part-time employees who are scheduled to work 20 hours or more per week are covered by the City's long-term disability insurance program. This insurance will'provide for 66 2/3% of'the employee's base salary in the event the employee should be disabled and not have sick leave, worker's compensation; or, . other insurance coverage available to them. Employees 'eligible for long-term 'disability benefits will receive 'a scheduled salary to a monthly maximum benefit as specified by the Insurance, Policy'Certificate for Long-Term Disability. Lif,F hvsu'RANCE' Effective on the first working day of the month following'completion of two (2) full months of continuous employment, all,.regular full-time employees and, part-time employees who 'are scheduled to work 20 hours or more per week are covered by a $50,000 life insurance policy with provisions for double indemnity and accidental death and/or dismemberment. Coverage may vary by employee group as specified by the applicable Group Insurance Policy Certificate for Life' Insurance. S'UPPLEME *.NTAL Lifi,,T, -SURANCE Effective on the first working day of the month following completion of two (2) full months of continuous employment, all regular full time and'part:time employees who are scheduled to' work 20 hours or more per week may apply for ;supplemental life insurance coverage for. themselves and their spouse upon the approval of the insurance carrier. Premiums for.-this - coverage are at the employee's expense and are made through payroll deductions. 19 OTHER INSURANCE PROGRAMS. - Employees are insured under•the provisions of the Oregon.State Worker's Compensation Act for on the job injuries, and the State Unemployment Insurance program.' The amount of the premiums paid and the levels of coverage 'provided are 'directed by those agencies administering these programs. The City provides a comprehensive peisonal liability (errors and omissions) policy to, provide' liability coverage for employees excluding the provisions of ORS '30.285 as .it, relates. to malfeasance in office or willful or wanton neglect of duty.' IC,M4 (401,i).RE7'lRFafP.,N'PROCRrI;I? . ICK4 O,.-VEI'PcRCfi.,lst .Pi,a ' . All regular full-time and 'part-time employees working 20 hours or more in the Management/Professional Group (with the exception of Police Sergeants;' Lieutenants, Captains, Assistant Police Chief and 'the, Police Chief). are required to participate after six months of continuous employment in the IC.MA 401(a) Money Purchase Plan. The City's contribution rate will'be determined annually by the City Council. All participating,employees are 100% vested at the time of the'City'ss first contribution in their behalf. Employees may also elect to participate in the ICMA 401(a) Voluntary Contribution Program. after six months. This program allows a.voluntary after-tax contribution of up to 6 percent of the employee's monthly salary. Employer and employee contributions cease on the employees last workday. PERS R ETI REMEr\'1' PROCRfl "if ' The' Police Chief, Assistant'' Police Chief, 'Captains, Lieutenants; and Sergeants in • the Management/Professional.' Group are required' to participate in ' the Public Employees' Retirement System (PERS) after six (6) months of employment with. the City. New sworn officers who already participate-in PERS are enrolled. immediately. The City's contribution rate is established by PERS rules and regulations; the employee's contribution is determined by City Council action. 20' , Eligible employees may also choose to participate in the'PER$ Variable Annuity program.' Enrollments must be: received by PERS prior to January: F..each.year -and are, effective on' January 1. All contributions shall cease immediately upon separation from the City. Dt i'ERRL D Comp Nscria ' The City offers' employees the option of participating in a defer'red,•compensation program.{ Employees may voluntarily defer a portion of their salaryas an investment for retirement.'. , Employee contributions shall cease'immediately upon separation'from•the City. The City shall provide a City contribution, to deferred compensation not to exceed a maximum. of 31/6 for the Management,'Supervisory & Confidential 'Group Employees. Employees- will be!'. required to match'the City's contribution;, and can select the percentage up to 3%.' ' SOCIAL SECURITY The City participates in the Federaf Social Security Program (FICA)':, Contributions by the City and -the employee, as well as benefits provided, are in accordance With the rules and` regulations'. provided by the Social Security Administration ' 21 i. , PERSONNFU.. POtacu:ts - Management No. /5.0 LAYOFF AND RECALL A department director may layoff an employee because of lack of work, shortage of funds, a material change in duties, a disability which prevents the employee from. performing the essential functions of the job with or without reasonable accommodation, reorganization, or for any other reason as determined by the City which does not reflect discredit on the service of the . employee. Temporary or permanent separation.of an employee, as a disciplinary" action shall not be considered a layoff. _Additionally,'any,temporary, interruption of employment because of adverse weather conditions, shortage of supplies; or for other unexpected or unusual reasons, as determined by the City Manager, which'does not exceed ten (10) working days, shall not be considered a layoff if; at the tennination of such conditions, employees are to be returned to employment: The department director shall identify the number of positions within a,classification- to be reduced in the department. Unless a layoff is the result of an employee being unable to perform the essential functions.of the. job with or withoutreasonable accommodation, layoff shall be within a classification in the department iij jinverse_ order of seniority with the City. For the Feel t l purposes of layoff, seniority shall be based on consecutive years of service with the City. Time spent in a temporary position shall not count towards seniority for the purposes of layoff. In 'the event two or more employees have the same seniority and the same date Hof employment . with the City layoff will be determined by the ,drawing of lots. The department head shall request Human Resources to prepare the. appropriate layoff list. The employee with the, least City wide'seniority,shall be laid off. Employees who are laid off will be offered any temporary positions for, which they are qualified and available in the department from which they were laid off. Temporary employees " will not be employed in any department implementing layoffs unless any laid'off employee (5), who are qualified and, available for the nature of the work involved, are first offered and decline ,to.accept the, temporary, extra help or seasonal position. The determination of an employee's , qualifications and availability-to perform the work of'a temporary, extra help, or seasonal position shall be within the discretion of the. department director. j 22 . r The department director will be expected to notify, Human Resources of a pending layoff.. as " soon as practical. All affected employees shall be givefi written 'notification by':their•` department director at least thirty (30). calendar days before the effective layoff date; stating the reasons for the layoff. _ BU;1 /P1A`G In the event of a layoff, any employee who would otherwise-be subject to a layoff shall; within % five (5) working days following writien notice of,layoff, have the right to displace or "bump" a' less senior.employee' in any lower paying classification in any department provided that he/she , is fully qualified to perform the work of the lower pay classification and, has more seniority in City service (excluding temporary work) than the least senior" employee in ;the classification ' he/she seeks;, to bump into. The :City Manager or department'director shall determine"If an employee meets the qualifications for the job. Any employee who exercises his/her bumping rights shall serve a probationary period of three (3) months in the lower classification, with`an option to extend another, three (3) months at the discretion of the:department director. During this probationary period; the City may return the employee to layoff status for unsatisfactory performance in the lower classification. ' Employees to be laid off shall submit written bumping requests to -their department director within five (5) working days of receipt of written notice of layoff. If no request to bump is received by the deadline, the employee shall be laid off. The department will officially notify the employee iu writing whether the bumping request' is granted or denied, and shall do so within the 30 calendar day notice of layoff period. Em to ees ,who are • anted bumPingrequests shall be placed at the to step of the lower, P Y . P. P classification or at their current salary, whichever is less. ,I Department directors, City Recorder and' other 12osiijons serving under the conditions of an Deleted ~►~d i i employment agreement may not exercise bumpin&rights: DisamOTIONiv1 iF,v-oi--.LAYOFF Management/Professional Group, employees may submit a written request to their department director requesting a demotion in lieu of layoff. The director may" grant this request in any class for which a vacancy exists and where it appears that the employee may expect to perform , satisfactorily. If the department director determines that this action is not in the•best.interest of - the department, the director shall immediately notify the employee. An employee who is . demoted in lieu of layoff shall be. placed on a'recall list, for the class from which they, were demoted. The rules governing salary for demotions shall also apply for demotion in lieu of layoff. 23 ; ' ~ - rat. . • RECALL. . A 'recall list shall consist of all employees who were laid off from, or demoted in lieu of layoff from a position in the appropriate class. The order of names on the recall list shall be by reverse order of layoff or reduction. Each recall list shall remain in force for one,(]) year from the date of layoff or demotion in lieu of layoff. The recall list shall be used to fill vacant positions before any other list may be certified, providing that the employee 'is qualified to', perform the duties of the position. If the department director determines that the employee is- not qualified to perform the duties of the position, the director shall notify Human Resources in . writing of the reasons for not appointing the employee. The recall list shall be certified in the-, reverse order of layoff or reduction. The Human Resources Director may remove the name of a person from a recall list if the laid off or demoted in lieu of layoff employee fails'to reply within fourteen (14) calendar days from the date of mailing of a notice of recall; sent by certified mail, to the laid off employee's last known address. It is the responsibility of the employee to notify Human Resources of any . address change. The department director may request the certification of the next person on the layoff list if the laid off or demoted in lieu of layoff employee is not available to work within t~...(.n 10?.workm. days of their notification to return to work. De eied: n - I~h,vcr'rrS.4fV1) C.0:1fPE;1°,Sa'r7o;'1' Accrued sick leave will be retained during the time an employee is on the recall list, and will be available for use upon appointment from the recall list. Sick leave is lost when the term of eligibility for recall expires. ' Employees who have completed.at least six (6) months of service and are eligible for~vacation benefits, will be paid for unused vacation leave at the time of layoff. Employees who do not wish to be paid for accrued vacation when laid off may submit a written request to Human Resources five.(5) days prior to layoff. This accrued vacation will be held for a maximum of ; one year from the date of layoff, at which time it will be paid to the employee. Employees may request payment of accrued vacation time prior to the end of the twelve months by submitting a written request to Human. Resources. Vacation time not paid to the employee will be restored upon appointment from a recall list. The rate of the employee's accrual shall remain the same as it was at the time of layoff. Vacation shall not accrue while. an employee is' laid off. 24 Employees who are laid off shall retain, but'not continue to accrue, seniority during the time ' they are on the recall list..Seniority will be lost when the,term of recall expires. Upon reappointment from the recall list, an employee shall receive the same step 'm the salary range that the employee was at when laid off or demoted in lieu of layoff. Benefits and status { toward merit increases shall begin. to accrue as. if there had been'no break.in service. The employee's anniversary date shall be adjusted so that time, spent on layoff or in demotioniri lieu of layoff will not count towards ment'increases. • I _ ' •I { 25. Pi. RSQtiNEi_ Poj..ic'its - Management No. 16.0 MOVING TxPrNSEs The City may pay partial or total moving expenses for. employees in positions as maybe authorized by the City Manager. In the case of total 'payment. of moving expenses, the City's Finance Director or designee will handle all details'relating to the expenses associated with.,the move. In the case. of a partial payment,- the employee will submit at least two, estimates of the expected costs' of the move. The City Council or City Manager will determine the amount of the moving allowance to be reimbursed by the City. The reimbursement for moving-expenses will, be paid to the employee after the move has been completed•and.appropriate expense `statements have been'submitted to the City. This procedure applies both to employees who elect to move. themselves as to 'those who contract with'a professional moving company. In no event does the City assume any liability for any items lost or damaged-during the moving process... Upon acce'ptance' of a moving reimbursement, the employee is required to sign a. letter of-:" agreement to repay any moving expense thhi,were originally paid for.by the City in the%event the employee resigns their employment with the City during the first twelve (12) months of . „ employment. • r I 26 Pt;hsONNEI , POI. t(AUS - Management No. 17.0 Adopted 2/9/99• „ D1sclpt,mw. DLSCIPI.LN'FGF_A RALLY t}' . , t... "On-the-job conduct of City employees, affects, the ability, of the City to, serve its citizens and affects the taxpayer's impression of City' government:. Employee• safety,' producti vity and morale are dependent upon employee conduct. Occasionally it is necessary for.supervisors to resort to corrective action when other actions are inappropriate; or where a particular employee fails to respond'to informal guidance. In order to-provide a fair method of correcting,,and, when necessary,, disciplining employees; ; -the City will use progressive discipline 'procedures; and the, following, guidelines -for. all.•: JVlariagemenUSupervisory/Confidential_;group_employees other than department heads or other Deleted positions serving under the conditions of an employment agreement, whose performance and, - conduct issues shall be addressed in accordance with the applicable •emplo'yme, agreement., DI;SC:'IPLIVio - GE.Yh'RrIL GUIDFLINES A. Discipline may be initiated for many proper reasons, including but not,limited to; violations of the work rules, insubordination or poor job performance. • The severity, of • the action generally depends on the nature: of the offense 'and. an employee's work record, and may range from verbal counseling to'discharge. B: Progressive discipline for infractions.include: ' 1.. verbal Mrimand - Deleted coonselmg 2. written Mrimand Deleted: counseling orwaming - 3. temporary reduction in pay in lieu'of suspension % 4. suspension 5. demotion, and 6. dismissal.. Any or all of these steps may be•utilized, depending upon individual circumstances and the nature of the infraction.. Exceptions. or deviations-from the' normal procedure may occur whenever the City deems it appropriate, case,by case. . 27 i '_APPLIGITION7OFPRoGREssiyE.DI4CIPLI ' A. For performance deficiencies;, employees will .normally be verbally reprimanded'nnce Deleted: e tm,eW:a A before receiving a written re riman A supervisor may or may not choose to make the Deleted,: warning . imposition of a verbal reprimand partof the employee's personnel'file. Deleted- wnming If no other deficiency occurs during the next twenty-four (24) months, the employee may request the warning be removed 'from the personnel file. The City reserves ultimate discretion as to' whether the warning will be removed from an individual's'. personnel file:' Documents removed from individual personnel files will. be retained.by the City in a separate record'system not filed or indexed by name" which shall not-be considered in personnel decisions. B. '~f a written reprimand is jssued, the following procedure may be used; - _ oeieied: m th rent oft- _ * pcrfom iice pro of m-: I ::i It IL\ ~I~s ~ ~'IO~AhO ~ 1 1. The reprimand hould bd si ged and dated by p Y the em to ee: Arrem toyee who . . Deleted.~vanunG ntaV be ml ^ - - p-- disagrees with the facts in the reprimandmay submit a'wntten response. It will - - - - Deleted: be placed inthe personnel file with the.r riman • 2. A written reprimand need not pertain to the same or similar matter (issue): Deietea Wa ,ill, T J . 3. In addition to a written reprimand the department dtrectorma also suspend an Deleted: "ammg <j - - - y - employee without pay for a period of up to fifteen (15) working days, or take- Deleted: warning other"corrective or disciplinary action deemed appropriate, including demotion' Deleted:,warning-, and temporary reduction in pay.` Prior'totaking'Such action, the department" Deleted: waming; topwill (1) furnish the employee with notice of the charges and a statement Deleted: heea, of relevant facts.upon which the charges are based; (2) inform the employee of oeieted: b,,,i the level of, discipline under consideration; and (3) meet, with and afford the employee an opportunity to respond to the charges and,the'written statement of facts which supports the proposed disciplinary action: 4. A• written statement of the disciplinary action imposed and the reasons for such . action shall be furnished to the employee, and a copy shall be made apart of the personnel file. The employee will sign the statement acknowledging he has. received a copy of it, and may file a rebuttal statement. C. Discharge may result-if the employee violates City policy, commits; serious misconduct or fails to improve the level of performance. 28. I - PE-YSOINNE.1r.IPOL.ICIE?S -:It4.lnagemciit No. 18.0 ; Adopted 21'91'99 - DISCHARGE PROCEDURE 'sc`HARG[s.PRUC'EDURF ~i If~a ent directoz determines there is just cause for the discharge' of a non-probationary Dele ted he d ne lar employee, the department directo6hall notify the employee of the specific reasons and - Deleted hetlri that a suspension without pay and/or discharge. is being considered: The employee shall,be . I. provided with'the facts upon which the actions are based.' The department director shall afford Deieted h,~,i the employee' a formal opportunity to refute the' charges. orally or •'in' writing., Once ,the - , employee has been afforded an opportunity to'refute the charges 'and explain the circumstances, the employee maybe suspended without.pay.' If a pre-discharge"conference is to be held, it wilt be scheduled and held at least three (3) days after notice of the proposed action has been given. The employee will be given adequate time to develop a. response and to. seek necessary " outside' assistance as the employee feels necessary:,. The time limits may be'varied by the City to ;meet. individual needs: ' . (The department director will conduct the conference and decide whether to dismiss."theIered: net - - _ allegations' impose discharge, or impose a lesser degree.of discipline or corrective action. ' , ' i • + ' 11. r , . r • • ' ' - 1. '.r I• , 111 ; 29 P RSONNE1. POLICIES - R'ianagement . No. 19.0 Adopted 2IM9 APPF...A L OF DISCI PLI NE. ACTION .RIGHT •T0 APPF1I L FRO.W DISCIPLINI Any non-probationary' regular employee not serving under the conditions of an employment . agreement who has been suspended, reduced inpay, demoted or dismissed, shall have the right of appeal to the City Manager., Notice of the appeal must be filed not later than ten (10).days' following the effective date. of the action. The Notice of appeal shall include. atleast the following information (a) a statement of the complaint and the facts ;upon which it.is based, (b), the remedial action requested, (c) a statement of the reasons why the remedial action is appropriate and (d) a statement of any policies, procedures or law or rules which have not been adhered to or which should be followed. The appeal shall be heard by.the City Manager within . twenty (20) days after receipt of the request. The City Manager shall fumish-the department head concerned with a copy of the notice of appeal in advance of the hearing. Wf10:YLt Y'APPEA1 Only non-probationary regular employees who are not serving under the conditions of an employment agreement rave a right to appeal disciplinary actions:' In addition to formal Deleted: not excluded from the appeals under this Section; the City Manager may give consideration. to all suggestions and ePPhcahm of these Policies (see Pohc) regardins Probation)' complaints that concern administration of the personnel policies. LVVE,577fiATl )A'S In connection with an appeal or complaint, with respect to any matter arising under these - personnel policies, the City Manager•may conduct an investigation as he deems necessary.- The City Manager shall make a written report upon -all matters investigated under the' personnel . policies. A copy will be given to the employee and placed in the file. - 30 11LARI.N(: 0.k ft PPEAt. A. Procedure The City Manager shall set a hearing upon timely requests made under this policy. The employee and the department directozshall be given written notification of the time and Deleted: is - place of the hearing. , The order of procedure at the hearing will-be as'-foil ows:, 1. The employee may present evidence in support of the appeal with or without the assistance of legal counsel or other representative. 2. The department director or a designee may Bross-examine or submit _evidence in t oeletea nei_i_ rebuttal or both. 3. Opening statements, if any, will be brief and confined to the issues. Closing argument, if any, will be first by, the employee and then by the department directoLOr"a designee: Both parties may offer rebuttal evidence if desired.: _ neleted head _ - j 4. Evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their- serious affairs shall be admissible: Irrelevant, immaterial or unduly repetitious evidence may be excluded. Affidavits and counter-affidavits ' are acceptable as evidence. If either party intends to rely on an affidavit, it shall provide the other party with such affidavit together with the name, address and telephone number of the affiant ataeast ten•(10) days prior to the hearing or such affidavit shall be inadmissible. B. Conduct.of Hearings A hearing before the City Manager is intended solely for the purpose of receiving evidence either to refute or substantiate specific charges brought to the City Manager. The hearing shall be conducted accordingly. The City Manager may impose limits on questioning in the interest of the orderly conduct of the ;hearing; and fairness. C. Counsel or Representative In appealing a.disciplinary action to the City Manager an employee may, but is not ' required to have counsel or other representative. 31 CIT'YALLN 1GER Fk%a) vGS If, after receiving evidence presented in hearings on disciplinary actions, the City Manager finds that sufficient evidence supports the charges, that the complained=of action Deleted --F,ytBceak . taken by-the" y the department director- was.reasonable and was taken for a proper reason consistent µ Deleted head with policy, and in the case of a discharge, is supported by just cause, the City Manager may affirm the action; if the City Manager finds that no disciplinary action should have been taken , the City Manager will -remove all disciplinary sanctions and the personnel, file shall reflect the City Manager's decision. As needed, the City may take action to effectuate the City Managers decision, including purging or modification of documents in the employee's personnel file. If the City Manager determines that discipline was warranted but that different discipline should have been imposed, the City Manager may modify the discipline as the'circumstances warrant. the complained-of action taken by the department director- was not so made, the City Manager l)eieted: h shall fashion an appropriate remedy and.the personnel file'shall be purged of such record. The- City Manager in lieu of affirming the' disciplinary action may modify 'the discipline as-the -circumstances warrant. At the time of filing of the request'of the appeal with the City Manager, the department director- Dei i .,i _ J shall. supply the employee with an outline of the procedures used by the City Manager. The. . decision of the City Manager shall include findings of fact and shall be final. An employee with remedies under'a labor agreement may use this appeal procedure, and may do so only if the employee and the Union. waive the right to proceed to appeal under any other policy or contract law or rule.. PROCEDURAL RIG1175' RIZ4TE'9:. TO PER1-VRVA;VC1.i .4 .,ND VISCIPONE' F01? 1)E1'1R7:.,W'v7- DIRECTORS Deleted Taus The standards of conduct, performance and discipline to which the City holds department directo and managers is quantitatively and 9 T ualitatively different (higher) than the standards : Deleted: head by which other employees are judged. Discussions, of expectations, goals and objectives; and coaching and counseling should, in the case of management employees, be sufficient. iIn rare cases of misconduct, it may be that a suspension could be justified, however, ordinarily instances committed by this level of employee warrant either discharge or counseling: The City Manager is expected to insure standards are established and-met,. and'that. an appropriate combination of performance plans, evaluations and counseling are utilized to help the manager.. succeed. In the case of department directors and other positions serving under the conditions of _ an employment agreement. performance and conduct issues shall be addressed in accordance Deleted heaSs ;J with the employment agreement. The City Manager may refer any issue to a Hearings Officer who shall conduct the proceedings -in ,accordance with these rules. In such event, all provisions of these rules relating the duties and authority of the City_Manager shall also apply to the Hearings Officer in the conduct of the hearing. The Hearings Officer shall issue Recommended Findings which shall be reviewed by the City Manager based solely on the record and'applicable law. The City Manager may adopt the Findings within twenty. (20) working days from receipt of the'Recommended Findings, or modify them for good and sufficient cause.. J 32 1 AGENDA ITEM # FOR AGENDA OF April 25, 2006 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY , ISSUE/AGENDA TITLE -Appointments to the Planning Commission PREPARED BY: D. Bewersdorff DEPT HEAD OK QTY MGR OK ISSUE BEFORE THE COUNCIL Should Council appoint Mitchell Brown to the Planning Commission and`.appoint Patrick Harbison as an alternate to the Planning Commission to fill corresponding vacancies with unexpired terms? Should-Council appoint Jeremy Vermilyea as a second alternate to the Planning Commissiori with a term that expires April 30, 2008? STAFF RECOMMENDATION The Mayor's Appointments Advisory Committee interviewed Planning Commission applicants on April 10, 2006 and recommends appointing Mitchell Brown to the Planning Commission_and Patrick Harbison as an alternate to the Planning Commission. The Appointments Advisory Committee also recommends appointing a second 'alternate .to the Planning Commission. They recommend appointing Jeremy. Vermilyea as the second alternate for a two year term . INFORMATION SUMMARY Mark Padgett's resignation from the Planning Connission was effective Febnaary.28, 2006. I-fis unexpired term ends December 31, 2007. David Walsh, formerly the, alternate to the Planning Commission, was appointed on December 13, 2005 to fill another vacant seat on the Commission. His unexpired term as the alternate ends -December 31, 2006. On April 10, 2006 the Mayor's Appointments Advisory Committee interviewed applicants for the 2 Planning Commission vacancies. The Committee recommends that Council appoint Mitchell Brown to serve on the Planning Commission to fill Mark Padgett's unexpired term which ends December 31, 2007, and recommends appointing Patrick Harbison as the alternate to fill David Walsh's unexpired term (as alternate) which ends December 31, 2006. They also recommend appointing Jeremy Vermilyea as the second alternate to the ;Planning Commission with a term that would expire April 30,-2008: OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Visioning Goal # 1City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. _ ' ST o~t~gpatrick AANT I I comission and app to the planning mnsion oin ~,tiitchell ° to the Planns?g O S7ea as ahem Proposed resolution a VPpern?a achr~1ent 1 ~rbison ands f option TES erit 2: B,ograpluc~ FISCAL N~ . tachm . ORA, - - conicii 10• kBewersdorff mission App°'ntees DLc F~~M• . hical Inf ormation f °r planr~?g . Biograp -BA BE. A 12, 20p6 has a in F ce CO I-le has Dp,TE: Insuran Arm as• Specialist f cir niv °rsity Of Central a litigation claims from the er. political ScienceEngme tcheh B . vitro h a for as a consulting Englis for 9 Y~a~' background , lived Tigard weer and has a d f or 1 1/7 . ".1 A is a Design Eng has lived in Tlgar has a B bison n peering and der'PC. . lived in the Patrick orlon sch has lie has a B S. in E g orney and.Shareholdveaont Law School a is an pit and a j D ,from eTen1 V University of from the i an Years d area for several ye _ . , . Agenda, Item # , Meeting Date April 25, 2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Appoint Tony Tycer and Scott.Deselle as citizen members, and Betty Hagan and Dennis Sizemore as citizen member alternates to the Tree Board ' Prepared By: Dan Plaza Dept Head Okay City Mgr Okay ISSUE BEFORE THE COUNCIL AND KEY FACTS The Council is being asked to make appointments to the Tree-Board. STAFF RECOMMENDATION Approve the resolution making appointments to the Tree Board.. KEY FACTS AND INFORMATION SUMMARY The Mayor's Appointment Advisory Committee conducted interviews in order to identify candidates to fill 'several vacancies on the Tree Board The resolution before the City Council would accomplish the following Tree Board appointments: Tony'Tycer as a citizen member -term: May 1, 2006 to May 31, 2009 ■ Scott Deselle as a citizen member - term': May 1,-200.6'to May 31, 2010 Betty Hagan as a citizen member alternate - term: May 1, 2006 to May 31, 2010 ■ ' Dennis Sizemore as a citizen member alternate - term: ' May 1, 2006 to May 31, 2010 OTHER ALTERNATIVES CONSIDERED Do not approve the resolution. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Tigard Beyond Tomorrow: Community Character & Quality of Life Volunteerism # 1) City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. ATTACHMENT LIST 1. Resolution .2..' Appointee Background Information FISCAL NOTES There are no costs associated with this action. Attachment 2 City of Tigard Tree Board Appointee Background Information April 10, 2006 Scott DeSelle - Mr. DeSelle is locally employed as a landscape. services supervisor. He has also been active in .the Boy Scouts for the past decade. Scott DeSelle has a Bachelor of • Science in Ornamental Horticulture from California Polytechnic Institute. His term as a citizen member on the Tree Board runs from May' 1, 2006. to May 31, 2009. Tony Tycer -,Mr. Tycer owns and•operates the "A Picture Perfect Tree Service" business. He recently served as a hospice volunteer at the `Hopewell, House. Tony Tycer earned his Bachelor of Science degree from Oregon State University and a Master of Arts from Pacific University. His term as a citizen member on the Tree Board'runs from May 1, 2006 to May 31, 2010. BeW Ha an - Ms. Haganwas'employed in the Applied Earth Sciences field by Danes and Moores Consultants for 18 years. She has lived in' Tigard for the past fifteen' years. Betty . Hagan 'currently volunteers with Northwest Medical Teams: Her term. 'as a Tree Board citizen member alternate begins on May 1,2006 and concludes on May 31, 2010. Dennis Sizemore - Mr. Sizemore.is a :,retired school administrator and currently serves as adjunct staff at Concordia College in Portland. He'is a former officer with the Confederation of School Administrators. Dennis Sizemore 'has a Bachelor of Science in Education and a Masters of Science in Secondary. Education. His term as a Tree Board citizen member alternate begins on May 1, 2006 and concludes on May 3 1; 2010. y, Agenda Item Meetirig.Date Apri125, 2006 COUNCIL AGENDA. ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Internet Filter - WILInet User Internet Filter`Selection Agreement Prepared By: Margaret Barnes Dept Head Okay City Mgr Okay AW, ISSUE BEFORE THE COUNCIL AND KEY FACTS' ` An Intergovernmental Agreement with WCCLS to install a filtering system that will allow each user to choose a filtered or non-filtered Internet session on the computers on the second floor of the library'. • Council approval of this agreement will allow Tigard to install the system. ! Computers in the Children's Room will remain filtered as .they always have been in the existing building. • The decision to provide optional filters does not result from any specific issue or complaint at the Tigard Library, but as part of a .countywide decision to offer this service. ' STAFF RECOMMENDATION The Library requests approval from the Council to enter into'the Intergovernmental Agreement. KEY FACTS AND INFORMATION SUMMARY • Although no filtering. system is fool-proof, the WCCLS libraries. have concluded thati people deserve a choice. • The system is scheduled to be installed in the next few months. If the agreement is. approved, the Internet stations on the second floor of the library will allow users a choice between a filtered and a non-filtered session. • The City Attorney has reviewed the'agreement and did .not -recommend any changes. The Tigard Library has worked with other libraries in WCCLS during the past year to investigate'the option of a filter.' system. The Library Director provided background to the Council in a 3/29/06 memo entitled "Internet Use at the Library." With the move to the new library the use of the Internet has skyrocketed. Tripling the number of computers available has created a 202% increase M',Internet use since-.2003. "Computers" and "the Internet" were the most popular response to an open-ended question about library services in the 2006 annual library patron survey.. Positive comments about the service outnumbered negative comments by . 6 to 1.. Most of the "negative" comments indolved wanting more access and more computers. Of the total 2,311 surveys returned, only two comments addressed Internet content. The Library Board has approved an Intei.-net•Acceptable Use Policy as well a's Public Computer Rules, both of which set standards for Internet use in the Library. The Board reviews these policies,regularly to ensure they continue, to meet the needs of the community. Approving this agreement would allow Tigard Library patrons the same options for filtering provided to other library users in Washington .County.. If the Council .does not, approve the agreement, the system will remain as is with unfiltered work stations on the second, floor and filtered stations in the Children's Room on the first floor. OTHER ALTERNATIVES CONSIDERED Maintain the current set-up, whereby Internet computers on'the second, floor are unfiltered and computers in the Children`'s Room are filtered. . Filter all 'stations; which could deny users, access to critical information or to controversial .material needed for educational purposes. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT ; Vision Task .Force G6al#3: Adequate facilities are available for efficient delivery of life-long learning programs and services for all ages. ATTACHMENT LIST 1. WILInet User Interne* t'Filter Selection Agreement 2. Exhibit A . 3. Memo Regarding Public Internet Use FISCAL NOTES WCCLS ~vill.assume the 'financial impact; no 'financial impact anticipated for the City of Tigard.. WILInet User Internet Filter Selection Agreemerit" ' This Agreement is entered into by and between Washington County, a home rule subdivision of the State of Oregon,, hereinafter referred to as "County", on behalf of Washington County Cooperative Library Serviees,'hereinafter referred 1o as "WCCLS". and Tigard Public Library, hereinafter referred to as "WILInet•User." WHEREAS, the parties hereto are currently participants in the WCCLS-Network; and WHEREAS, the parties are either units of local government authorized pursuant to ORS 190.010 to enter into intergovernmental agreements, or are private non-profit agencies operating libraries; and WHEREAS, the parties to this agreement are also parties,to the Washington, County' Information Network Agreement(WILInet Agreement); and WHEREAS, pursuant to the WILInet Agreement, WCCLS is the owner of the central site system hardware, software, and communications equipment for WILInet an&is responsible for administering and maintaining the WILInet computer network; and . WHEREAS, WCCLS will be installing Internet filtering hardware, onto the WILInet computer network that will allow each WILInet User to independently select a' level of internet filtering for its patrons that is consistent with its individual internet access' policy. . NOW THEREFORE, in consideration'of the mutual'.covenants contained herein, the parties agree as follows:' 1. County, by and through WCCLS, agrees to install and*maintain. intemet,filtering hardware onto the WILInet computer network that will allow WILInet User to select a level of internet filtering that is most consistent with its own internet policy. 2. WILInet User hereby directs County, by and through WCCLS, to apply the level of internet filtering specified in Exhibit.A, Which is attached hereto and incorporated. herein by this reference, to W.ILInet User's WILInet network site. • WILInet User may change its designated level of internet filtering at any time during .the term of this Agreement by providing-.County with written notice of the requested change'at the following address:.,. Washington County Cooperative Library Services Library Automation Systems Supervisor. 111 NE Lincoln St., Rm. 230-L Hillsboro', Oregon 97124- 3036 Subject to the capabilities of the hardware described in Section 1 herein, County shall ' have ten (10) business days within which to implement any change to the designated internet. iltering.level requested by WILInet.User. 3. Subject to. the limits of the Oregon Tort Claims Act (ORD 30.260 = 30.300), WILInet User agrees to in'demnify'and hold harmless,'Washington County, WCCLS,, their; officers employees and. agents, from any and all claims, demands",actions and suits;', including any attorney fees and costs that may be incurred by the,ind&h.nitees arising out of WILInet User's selection of its internet• filtering level for the WIL,Inet computer network, its direction'to. County.to'implement WdLInet User's internet. filtering level'selectiorron the WILInet•computer network, and County's actual implementation of WILInet User's internet filtering level selection on the IWlLInet network. ' 4. This Agreement shall become effective upon the,date it is signed by the last signatory' , party and shall continue indefinitely. However, this Agreement. may be terminated by either party at anytime upon 30 days advance written notice to the other party,., 5.. WILInet User shall "comply with all federal, state and local laws, regulations, executive orders and ordinances that are, applicable to this Agreement. ' 6. County and WILInet User are the only parties io this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or. `shall be construed to give or provide any, benefit or right, whether directly, indirectly, or otherwise, to third persoins,unless 'such third persons are individually. identified byname herein and expressly. described as intended beneficiaries of the terms of this Agreement. 7. County and WILInet User may amend this Agreement at anytime only by written, amendment signed by each of the parties•hereto. WILINET USER WASHINGTON COUNTY Signature Signature . Title Title Date Date . , -Approved as'to form: Sr. Assistant County Counsel WILInet User Internet Filter S'election.Agreentent Exhibit A Library Name: Tigard Public Library' Signature: Date: Apply three possible levels of filtering'to public. access Internet workstations running Smart Access Manager as follows: 1. • Unfiltered access: no 8e6 categories filtered- 2., Adult Filtered filters the following 8e6 categories: Child Pornography, Explicit Art, Obscene Tasteless; Pornography, Spyware Malicious Code 1. Child Filtered filters the following 8e6 categories: Alcohol, Child Pornography, Chat, Criminal Skills, Cults, Drugs, Explicit Art, Gambling, Hacking, Hate, Militant/Extremist,.Obscene Tasteless, Personals/Dating, Pornography, R-Rated, School Cheating, Spyware Malicious Code, Unsavory/Dubious. . Location Default Filter SAM drop- Apply ' If no Two Visitor ` ID(s) Option down menu Polaris Polaris Pass Buttons? options DoB? . DoB? „ TPLADA Unfiltered: all Unfiltered No No: single visitor will need to Adult pass with default choose from a Filtered Unfiltered and drop-down. Child drop-down with Filtered' all. three choices ` TPLChildrens Child Filtered None No . No: single visitor pass with Child Filtered level only. TPLEast Unfiltered: all Unfiltered No No: single visitor will need to Adult pass with, default choose.from a Filtered Unfiltered and drop-down.. Child drop-down with Filtered all three choices TPLTraining Unfiltered:. all • Unfiltered No . No: single visitor will need to Adult pass with default choose from a Filtered . Unfiltered and drop=down. Child drop-down with Filtered all three choices TPLWest Unfiltered: all Unfiltered No No: single visitor will need to Adult pass with default choose from a. Filtered Unfiltered and ? doritn with drop- all three choices le visitor Child No: sing drop-down. Filtered No pass with default tered: all Unfiltered Unfiltered with Unfil adult drop-down VPLYN will.need to choices Filtered all three a le visitor choose from ,Child No.. sing drop-do'`'``n. Filtered No passwith default -ad . d: all Unfiltered UnfilteOwn ~ th . Unfiltere Adult drop; d expressTPL Al ,gneed to Filtered. all three Choices OM a choose fT Child drop-do`". Filtered for a single session ply only ` All patron filter choices ap ; w MEMORANDUM f 1, 'V TO: Honorable Mayor arid' City Council FROM: Margaret Barnes, Library Director RE:. Internet -Use at the Library C: Craig Prosser, City Manager DATE: March 29, 2006 The Tigard Library has provided access to the Internet for approximately,"ten years. Members of the community have expressed strong support for this valued resource as evidenced by their responses to the Library's annual surveys. In the 2005 survey, "computers" and "the Internet" were the most popular response to'the question: What is your favorite aspect of the new library? That response outnumbered the second rnost.popular'response by nearly a 2 to 1 margin. With the move to the new library, the use of this resource has skyrocketed with approximately 10,000 users a month using the stations. It was also the most popular response in the 2006 survey. Positive comments about the service outnumbered negative comments by 6 to 1. Most of the "negative" comments involved wanting more access and more computers.' Only one comment in . 106 addressed Internet content. The Library Board and Library staff are committed to helping everyone have an.enjoyable, successful library visit. They regularly review the Internet'Acceptable Use Policy, Library Use Guidelines and the Public Computer Rules to ensure these policies and procedures meet the needs, and rights of each individual user. Individuals have different levels of comfort and expertise in- searching the Internet. The Tigard Library has worked'with other libraries in WCCLS during the past year to investigate the option of a filter system. While no filter system is fool-proof, our libraries want to offer this option to . individuals. Although filtering often denies an individual.access to critical information or to controversial material for educational purposes, the libraries have concluded that people deserve a choice. This system is scheduled to be installed in the next few months. The Internet stations on the second floor of the library will provide individuals with a choice'of selecting a filtered or non-filtered session. The old library had one filtered Internet station for children to'use. In the new library all Internet stations'in the Children's Room are filtered and would remain so. Infrequent instances of inappropriate use of the Internet stations have been addressed. conscientiously by the staff and have, resulted in the exclusion of. some individuals from the. library. . Considering the number of users accessing the Internet per month,,the percentage. of such instances is extremely low. The majority of comments -regarding the Internet concern the desire for more time'for an individual session, the ability to download even faster or requests for even more computers. The library:currendy has about 66 Internet stations available to the public. The Internet has -become a preferred resource for research. It provides a wealth of information for our community---from fob information, to college registration, to the latest stock prices and current medicalinformation. It also contains inaccurate sites or those that may be perceived as controversial or inappropriate by an individual user. bur professional librarians can help guide users toward accurate, authoritative sites if requested. The Internet is merely.a part: of the entire library collection, which provides a broad range°of information on a variety-of topics. A basic premise of public libraries is that each individual has the ability to choose what they.wani to view or read. The role of the public-library in the 21St Century is, to continue to provide materials for both education and entertainment. Accomplishing this mission may at times result in confusion or misunderstanding. . As a public institution the Library and the City then have a responsibility to educate the community about the critical role of its.public library in providing access to a wide spectrum of information and resources. . AGENDA ITEM # y Q FOR AGENDA OF April 25, 2006 - CITY OF TIGARD,.OREGON LOCAL CONTRACT REVIEW BOARD, AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award of Contract for the Construction of -the SW 93d Avenue Sanitary Sewer ,Sewer Reimbursement'District No. 36 PREPARED BY: Vannie N e~ 0, D PT HEAD OK: A stir P. Duenas CITY MGR OK: Craig P6*Ner ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall, the Local Contract Review Board approve the contract award for the construction of the SW 93rd Ave Sanitary Sewer? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board, by motion, approve the contract award to Dunn Construction in the amount of $465,012.00 and authorize an additional amount of $46,501.20 to be reserved for, contingencies and applied if needed as the project goes through construction. The total•amount committed to the project is therefore $511,513.20. INFORMATION SUMMARY. On March.28, 2006,. City Council approved the formation of Sewer Reimbursement No. 36 to provide sewer service to 28 lots along 93`s Avenue, Elrose Court and Mountain View Lane south of McDonald Street. The requested approval would award the contract for the construction of the sewer. Through the City's Neighborhood Sewer Extension Program, the City will install public sewers to each lot 'within the Reimbursement District and the owners will reimburse the City'for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each owner willbe required to pay a connection fee, currently $2,635, before connecting to the line. This project was advertised for bids on March' 28 and March 30, 2006 in the Daily journal of Commerce and the Times respectively. No addendum was issued for the project. The bid opening was conducted on.April 11, 2006 at 2:Q0 PM and the bid results'are: Dunn Construction Gresham, OR $465,012.00 Kerr Contractors Woodburn, OR $540,816.50 Landis & Landis Construction Portland, OR $573,023.00 Engineer's Estimate Range $433,867 to $498,947. The responsive bid submitted by Dunn Construction in the-amount of $465,012.00 is within the range of the Engineer's estimate. It is 7.1% higher than the low and 6.8% lower than the high estimate. Although the low bid falls within the expected- tange,-Dunn Construction -has indicated that, wages, oil and fuel costs have increased 20% since December 2005. This increase is reflected in Dunn Construction's bid amount.and has apparently been a major factor in the much higher bids submitted by the other two contractors. The low bid submitted by Dunn Construction appears to be reasonable, and is much lower than. the other two bids. Staff recommends approval of the contract award to Dunn` Construction. OTHER ALTERNATIVES CONSIDERED None COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT The project is part of the Citywide Sewer Extension Program established by City Council to provide sewer service to developed but unserved residential areas in the City. It meets the Tigard Beyond Tomorrow Growth and Growth Management goal of."Growth will be managed to protect the. character and•livability of established areas, protect the natural environment and provide open space throughout the community." Sewer service enhances the environment and protects the health of the residents by providing for the closure of septic systems 40 to 50 years old. 'ATTACHMENT LIST Project location map. FISCAL NOTES The amount of $2,500,000 is available in the FY 2005-06 Citywide Sewer Extension Program for this and other sewer extension projects. The approximate remaining fund balance of $2,000,000 is sufficient to award a contract of $465,012.00 to Dunn Construction and. reserve a `contingency amount of $46,501.20 for the project. -93RD--AVENUE FY 2005-06 SANITARY SEWER EXTENSION "PROGRAM REIMBURSEMENT DISTRICT NO. 36 A PORTION OF THE SW 1/4. SECTION 2..T-2S R1 W. W.M•. . MCDONALD ST 1.E 147 SF REROWD FRO.II DISTRICT _ ELROSE CT N - MTN- VIEW LN MTN VIEW LN" W M N , lEW Q GREENSWARD LN T RA E . o . - rn VICINITY MAP 1 AGENDA ITEM # .y . b FOR AGENDA OF April 25, 2006 CITY OF TIGARD; OREGON LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE. Award of Contracts for Civil Engineering Services on an as-Required Basis PREPARED BY: Vannie Nguyen DEPT HEAD OK•:,Agustin P. Duenas CITY-MGR OK: Cr ' rosser ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Locat Contract Review Board approve three contract awards for Civil Engineering Services. on an as-required. basis? Staff also requests that the City Manager be authorized to execute contracts with the firms for projects up to and including $50,000. Projects exceeding $50,000 will be submitted for contract award, by the Local Contract Review Board prior to commencement of work. STAFF RECOMMENDATION That the Local Contract Review Board approve, by motion,. the contract awards to the following Civil. Engineering firms: - Century West Engineering Corporation ' . Group McKenzie W&H Pacific INFORMATION SUMMARY ' Contract awards to the three firms will reduce the amount of staff time expended on Request for Proposal processes and enhance the Engineering Department's :ability to meet the heavy project workload in Fiscal Year 2005-06 and" beyond. The services provided by'the firms will be on an as-needed basis for the provision of survey, engineering design' and construction management for the improvements to public street; sanitary sewer, storm sewer and other City and, public facilities. The workload in the Engineering Departinent''Capital Improvement Division is exceptionally. heavy and has been during the past few years. The Division staff has' not increased to keep pace with the project workload. The FY 2005-06 Capital Improvement Program (CIP) identifies 41 projects to be designed, managed.and inspected by the Division. Of the 41 projects; 13 projects have been constructed, 3 are under construction, 9 have been designed, and the remainder are either in the.initial design stages or have not been started. These remaining projects have.been proposed to be carried over to FY 2006-07. The FY 2006-07 CIP.,proposes 40 public improvement projects, including the carry-overs, to be completed by'the Division by the end of the. fiscal year. Contracting with consultants through the Request for Proposal,process for each project is cumbersome, time-consuming, and expensive. To expand the Division's capability to meet the current project demands in a way that does not commit the Engineering Department to long-term employment, staff proposes pie-qualification of engineering firms capable of promptly responding to 'meet the project delivery schedules. This,pre-qualification process eliminates the need for the typical Request for Proposal for each'specific project. On March 29, 2006, thirteen engineering firms submitted their proposals in response to a Request for Proposal to provide services for survey, engineering design and construction management. Each proposal was separately evaluated by four Engineering staff and the three highest-rated firms (Century West Engineering Corporation, Group McKenzie, and W&H.Pacific) were invited to meet with the selection committee and further elaborate on their proposals. Based on the evaluation of the firms' proposals and presentations; staff has determined that all three firms have the. capabilities, staffing, experience and compensation requirements sufficient to perform the required services. Staff recommends award of the contracts to all three firms. The contracts will be for an initial term of two years after Local Contract Review Board approval and may be renewed for two additional one-year terms. Below are some potential projects that may be performed by the engineering firms: 72°' Avenue/Dartmouth Street Signahzation - Durham Road/108`h'Avenue Signalization - 79`'' Avenue Storm and Sanitary Sewer Outfalls - Sanitary Sewer Extensions (i.e. 97`h Avenue, 100th Avenue, Cherry Street, Varn Street, Hoodview Drive Reimbursement Districts) - Bull Mountain/Roshak Road Intersection - Washington Square Regional Center Trail - Downtown Gateway Treatments - Hall Boulevard at McDonald Street Right-turn Lane Widening - Tigard Triangle Street Improvement Local Improvement District Burnham Street Improvements - Ash Avenue Feasibility Study Ash Avenue Construction (Burnham Street. to, Railroad Tracks) Projects assigned to the .firms will be on an as-needed basis: Once a project is assigned to a firm, the firm will prepare and. submit a cost proposal to the City for review and approval. To further streamline the process and expedite project implementation, staff recommends that the City Manager be authorized to execute contracts with the firms for projects, up 'to and including $50,000. Projects exceeding $50,000 will be submitted for contract award by the Local Contract Review Board prior to commencement of work. . OTHER ALTERNATIVES CONSIDERED Reject all proposals and prepare 'a' Request for'.Proposal for each project. However, the process is not cost effective and may cause delay to project delivery schedules due to staff time spent on requesting, evaluating, and awarding ' separate proposals. COUNCIL GOAL'S AND TIGARD BEYOND TOMORROW VISION STATEMENT Some of the proposed projects meet the Council Goal to "Implement Downtown Plan," and the Tigard Beyond Tomorrow Transportation and Traffic Goals_ of "Improve Traffic Safety" and "Improve Traffic Flow". ATTACHMENT LIST None FISCAL NOTES Award of the contracts'will not require funding until project's are assigned to the selected firms. Funding for assigned projects will be through the respective project budgets. I:\eng\200520061y cipVlp - civil engineering services djc 2-21.06 tt 2-23-06\counciM-2508 engineering services Icrb ais.doc " t l ' Agenda Item # a . Meeting Date April 25, 2006. COUNCIL AGENDA ITEM SUMMARY Qty Of Tigard, Oregon Issue/Agenda Title ' Presentation of Lifesaving Awards to Three Citizens Responsible for Saving the Life of an Automobile'Caash Victim Whose Car was on Fire Prepared By. Jim Wolf Dept Head Okay ' G~ City 1VIgr Okay ISSUE BEFORE THE COUNCIL AND KEY FACTS: The Police Department requests that the City Council formally recognize and present life-saving awards'to Tigard, resident Kevin McAninch and two Metro West Ambulance attendants, Jeremi Ruda and Robert Berdan. Tualatin Valley Fire and•Rescue has also requested to participate in this recognition event. The CityCouncil is requested, to present these 3 individuals with heroism awards:, STAFF RECOMMENDATION Fonnallyrecognize the heroic actions of the three.citizens-and present life 'saving.medals to each of them Afford Tualatin Valley Fire &Rescue an opportunity to participate iri this recognition program KEY FACTS AND INFORMATION SUMMARY On March 12th, a speeding driver slammed into the back of Judith Folgate's car causing the'vehicle to burst into flames. Three citizens quickly stopped and rushed to, help. Acting as.a team, one of the men worked to shield the other two men from the heat and raging fire as the others worked quicklyto extricate Judith from the car, which by this time was. engulfed in flames. The crash tragically claimed the life of Judith's friend,:who was a passenger in the car. However, Judith Folgate's life was saved and her injuries, while serious; would have been more extensive, if not fatal, were it not for the swift action and determination of these three brave citizens.:. OTHER ALTERNATIVES CONSIDERED . No alternatives considered. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT' N/A - ATTACHMENT LIST., No attachments. ' FISCAL NOTES The three life-saving medals have a•cost of approximatley$270.00. ; Council President Wilson, City Council members, and Citizens of Tigard, Tonight we would like to take a moment to recognize everyday heroes who stepped up to a hazardous situation, without hesitation, and effectively saved a fellow citizen's life. I would like to read extract's from Oregonian Columnist Rick Bella, as he has written one , of the most concise accounts of the incident. While I do so, video from the'first police car on the scene will be projected on the screen so that you.can'see'the actual hazardous ' circumstances that existed on that day.' On March 12 of this year, Mr. Bob Berdan,-,a senior paramedic for Metro West Ambulance, was driving South _on Oregon 99W that afternoon, after he and his partner Jeremi Ruda, had just finished an emergency run. They were headed toward'their post near the interchange of Oregon highway 217 to position their ambulance for another call. Suddenly, a Toyota Camry raced past them. Within seconds, they heard a crash and saw a. Honda Accord, its rear end mangled, spin around and burst into flames before bouncing into the northbound lanes and hitting a Chevy Cavalier. Berdan radioed for help and told Ruda to grab their,fire extinguisher. Ruda, who had firefighter training, directed the extinguisher's stream under the burning Honda, to beat back the orange flames. -The Car's horn was stuck, - blaring. Berdan yanked open the Honda's driver side door and grabbed 62:year old•Judith Folgate of McMinnville, who was barely conscious after the impact. Staying low to avoid flashover, Berdan cut Mrs. Folgate's seat belt with trauma shears. That's when Kevin McAninch arrived, still in the. camo fatigues he -wears for Naval Reserve Drills. Returning,home to Tigard, he was stopped in traffic when he heard the crash. McAninch, a 47 year old certified public accountant bolted from his car and made ' a mad dash to the~scene, and immediatedly offered his help. Berdan held Mrs. Folgate's head. while McAninch took hef feet. With flames and smoke filling the car, they pulled Mrs. Folgate out of the car:and onto the pavement while Ruda kept the flames down.until his fire extinguisher was exhausted., McAninch said "she was yelling that we were hurting her shoulder, so we knew she was alive". Meanwhile Ruda circled around fo the. other door to try to free the passenger. He and another citizen tried to open the door but it was 'stuck, the car was filled with smoke and, fire was consumiing.what was left of the car. Sadly, the passenger, Patricia,Ann'Taylor, perished in the fire in spite of their brave efforts. Meanwhile, an engine and a truck from Tualatin-Valley Fire and Rescue Station 51 rolled up. The firefighters had heard the ambulance call and responded even before dispatch had toned it out. Firefighters immediately learned that Mrs. Folgate was lying in a stream of gas leaking from the Honda. Berdan and McAninch rolled her onto a board and hoisted the board onto a gurney. . Then, firefighters smothered the blaze with foam, preventing possible explosions: In the next few minutes, Mrs. Folgate was flown,to the hospital by helicopter. The injured drivers went by ambulance. Mr. McAninch volunteered to direct traffic until Tigard Police could take over. In the next few days, the Toyota driver was arrested on.accusations of first-degree manslaughter: -71vA , Tualatin Valley Fire and Rescue and the City of Tigard wish to honor those who braved the flames and who risked their lives to save a stranger in need; Mrs. Judith Folgate, who is present here tonight in the audience. woN~ ~ ~~.W~~- ~~~f ~ rte , • Mr. Jeremi Ruda Mr. Bob Berdan Mr. Kevin McAninch . ' Now, Assistant Fire Chief Paul LeSage will present recognition to these individuals on behalf of Tualatin Valley Fire and Rescue. Benda Ytem # APB .25 .200 • • Meeting Date. n QY-' AGENDAd OregOn CAS . Gty of T,gar ' . UPDA ClJQL G~~' mgr Okay RST UARR qty Zltle De PtjAead agenda siie e Ben • an oann. S ,reparedBy ~tcllAND YFA ; EgoRE'TI~ the f ~rst quarter of200' Issue $ rt arl the COx cA goals f or Progress repo . M~~DA`TION , , STS u 200b. the update. p uncil Jan view ~ Y . ' • e ed by~ . , develo 1Ze INFO TION SMM on th S031 YFA~s rogress ode rief su'aries of the P NAttached are b , TE P' IVES ~R~ STP►IE O~ `IISION , - •.SAN17'rI~BEYON- , COUN o aut the document Goals Oeident~ied thr TT A~r~ LIST • orC. . ~ - ' A U date ~p iter Coal P 1 virst , - . F1SCA040TES 2006 Quarterly Goal Update '1. Revise City of Tigard Comprehensive Plan ' • Complete draft by year end ~ s~ Quarter (A Senior Planner was hired in January to develop and lead the work program. The work program was ireviewed by City Council and Planning Commission in February; Planning Commission is the project Steering Committee.. The Public Involvement structure was reviewed by the Committee for Citizen Involvement and Planning Commission in February and, March: Project launches hase'I in April: Cityscape article series starts Data collection on current conditions begins in April } Define Issues and Values I 1. Review of previous surveys and Tigard.Beyond Tomorrow f 2. Proposals solicited for Community Attitudes Survey consultant; selection and contract to be finalized; survey occurs April-May. .2. Implement Downtown Plan. • Implement catalyst projects including improvements to 'Burnham Street and identify and purchase land for a Downtown public gathering place: Pt Quarter Update: Streetscape Enhancement Program • Solicited RFP and entered into contract with OTAK, Inc: for a Comprehensive Streetscape Design contract. • Coordinated design and public involvement process-for Streetscape Design in the Downtown (ongoing until completion July '06) Benchmarks. Contract executed Decernber '05. Contract to, be completed: July '06. Hall Boulevard Downtown Gateway Identified opportunity to "provide design input with Washington County for,the Hall Blvd/99W 'Intersection. • Amended Streetscape Contract to have OTAK, Inc. assist the' City in identifying design modification including pedestrian improvements, landscaping anda potential Gateway. Benchmarks: Contract executed:. March '06. Anticipated completion: November '06. Burnham St Improvements i• Development of a Downtown Implementation Strategy to priori tize Catalyst Project, CIP Projects, and actions to undertake redevelopment: Benchmarks. Began Strategy January'06. Completed (draft): March,15. Anticipated review by CCAC and City Council: April '0,6. I• Prioritize work with Streetscape Consultant (OTAK, Inc.) to identify design options and build consensus for Burnham Street. f .Benchmark r. Began: December:'05: Anticipated cornpletion time: April '06 Council Goal Update • Identify funding sources and design/construction schedule for-Burnham Street' for FY 06707 f Capital Improvement Project (CIP) Budget. ( Benchmark; Began: 'December '05. Anticipated completion: May '06: 'Fanno Creek Public Area . I• Pursuing acquisition in`FY 05-06,of floodplain,properties in the area of the proposed public gathering place adjacent to Fanno Creek Park: Benchmarks., Begin'discussions with property owners: 'February '06 Anticipated completion of negotiations: June '06.- Prioritize the master planning of Fanno Creek Park and. its connection to. Downtown for FY 06-07 pending funding availability. Benchmarksr. Pro osed_ for Budget FY'06-07. Anticipated completion: June 30,'07. I . Work to'assure passag of the Urban Renewal Plan Ballot measure"j*~~ ~TS GOAL IS DIRECTED TO CITY COUNCILORS, NOT CITY STAFF. STAFF CANNOT PROMOTE OR OPPOSE BALLOT MEASURES IN THE COURSE OF THEIR WORK. THE . FOLLOWING ITEMS_ ARE EFFORTS THE STAFF HAS MADE TO PROVIDE IMPARTIAL}. FACTUAL INFORMATION TO CITIZENS ' • Update the City's website to include section on Downtown, the Tigard Downtown Improvement" Plan and Urban Renewal Benchmarks Started website update January `06: Anticipated completion: March 22; '06 • Coordinate the production of a video to convey ideas and information about the Tigard Downtown Improvement Plan,, its formation and Urban Renewal-.-,', Benchmarks: Began video production December '05. Anticipated completion: March -30, '06: • Write features articles on the Downtown and Urban Renewal-in the Cityscape publication. Benchmarks: Wrote articles for Cityscape publication on Downtown and Urban Renewal which were included' in included February, Marc ril and Ma issues, • ` Identify and make changes to the Tigard Development Code needed to''implement,the Downtown Plan (e.g.; zoning overlays, design, standards) Prepare a'work program to begin FY 06-07 to include 'l) identifying preferred quality of 'development, 2) reviewing-recommendaiions of theTigard Downtown Improvement Plan, 3) devising new, or modifying existing land use regulations, and, 4) coordinating stakeholder f involvement. Benchmarks..Anticipated time of completion: May 30,'06 ` • Complete work program tasks 1) identify desired'quality'of development 2) review recommendations of Tigard Downtown Improvement Plan. ; Benchmarksr. Anticipated completion: June •30, `06 • Apply for a TGM Code Assistance Grant to -provide consultant assistance in accomplishing the t. work program. _ Benchmarks.- 'Anticipated completion of grant:proposal: 'May 30; 2. Improve 99W Corridor • Complete" Transportation Growth Management (TGM) Corridor- Study. ' Council Goal Update" 2 1st Quarter Update: The City staff has been working with ODOT to develop a detailed statement of work. for the Highway 99W Corridor Improvement and Management Plan. The statement of work has been completed and the selection of the consultant to.perform the work will be conducted during the next'few weeks. The actual work to develop the plan is expected to begin by June 1', 2006. The duration of the study is up to 13 months after notice to proceed. • Continue Greenburg Road ntersection,project 1st Quarter Update: An alternatives analysis was conducted to examine circulation issues and, impacts of various alternatives aimed at improving performance at the Greenburg Road/Highway 99W/Main Street intersection. A' draft report has been prepared, which will be presented to Council at the April 18, 2006 workshop meeting. The draft report has been provided to the Transportation Financing Strategies Task Force. • Continue Hall Boulevard intersection project 1st Quarter Update: The project is entering into the design phase with construction expected to begin in spring 2007.'The design work and right-of-way acquisiti on for the intersection widening will be ongoing during the next 12 to 18 months. Because the intersection is a major portal into the Tigard downtown area, the City twill be working closely with the Oregon Department of Transportation•(ODOT) and Washington County.to ensure that the project complements and supports the Downtown Improvement Plan. OTAK, the Downtown Streetscape Design Consultant for the City, will be preparing conceptual designs to enhance pedestrian movement 'at this portal. Those design elements will be provided to the County and ODOT for possible incorporation into the design and construction of the intersection- project. Other Important Goals for 2006 Improve Communication and Relationship With Citizens • Implement the new neighborhood program throughout the City 1st Quarter Update: The Neighborhood Program moved forward as Liz metwith the SehoolBoard in January, and has . Imet with and scheduled meetings with the Parent-Student Organizations (PSO) in the three pilot areas f in March. • Conduct a city-wide scientific survey/report card on City services 11SLQuarterU12date• The City has chosen Riley Research to prepare and conduct a comprehensive, scientific community survey to t% better information about citizen concerns: This first survey, to be conducted the week *of' May 14, 2006, will help to guide. the City's'efforts' to update its Comprehensive Plan; but will also form . . baseline for biennial surveys to help us-gage our progress at meeting citizen needs. _Y T Connect Council with -students in schools Council Goal Update 3 Consider Opportunities for Major Greenspaces Purchases • Purchase:first-refusal options- • Explore School District property exchange • Quarter 1 Update: IThe Park and Recreation Advisory Board conducted'a comprehensive land acquisition process that evaluated properties in and around the Tigard community. The Fowler School,property was identified ' 'high priority by the Board. TheAdvisory Boards goal is to preserve and protect the Fowler School ~greenway property as well ' as -the. developable, upland. property. Currently there are fourteen (14) properties being evaluated (seven (7) greenway properties totaling f 36:97 acres, and seven (7) "active" park properties totaling 14.3 acres). Appraisals and Level One Environmental Reports are being ordered, and negotiations continue with owners. The City and the School District are currently working collaboratively to identify a mechanism(s)/ process that will ensure that the entire Fowler School site will remain in public ownership. It is i . anticipated that eventually, an Intergovernmental Agreement will be created that will enable this to } happen. I: The School Board-is conducting a, process aimed at identifying surplus property, within. the District.. . Fowler School will be discussed at a meeting to be held in April. City staff willbe at that meeting. Metro. is conducting a land acquisition bond measure in November 2006. A portion of the bond measure is dedicated to local share distribution. Clarify City's Position on'the 'Provision of Urban Services to Unincorporated Areas and id the Best Interests of the 'Citizens of Tigard ; 1st Quarter Update: At the meeting on March 28, 2006, the City Council decided to terminate the Urban Services f. Intergovernmental Agreement with Washington County whereby -the City provided building permits and inspections and development services to the unincorporated portions..o,f Bull Mountain. It important to note that the termination of the development services intergovernmental agreement does not indicate a change in the City's long stated policy and the underlying Urban Services Agreement j with Washington County and other urban services provider to be the ultimate provider of services to . f the Bull Mountain area. The City will continue to annex land within that area as property owners request annexation and as . allowed by law. • Secure Long-Range Water Source (s) Quarter 1 Update: The City continued participation in the Hagg Lake expansion study. Council-will need to decide during' the 3rd quarter if we wish to continue into- the construction process. Secured a joint,funding agreement with Lake Oswego for addition evaluation of a joint project. Continued participation'in the_ Willamette River Water.coalition to protect and develop our water rights. - - - _ . _ - = ' Counezl Goal Update 4 Successfully negotiated a shorter term contract with. Portland to provide transition, to an alternate • Stabilize Financial Picture • Review Financial Strategy Task Force, recommendations. Take appropriate action to control costs. Quarter 1 Update~Vy~`~.~ iAt the end of last year's budget process,.the City Council. appointed a task force made up of citizen. I members of the City's Budget Committee plus representatives of each of the City's other boards and committees. This citizen task force met over an 8 month period to review the City's financial situation. They concluded that the City's' financial affairs are well managed and that the City is not providing any unnecessary services. They'recommended that•the.City contract for outside performance audits to review selected city services and to develop recommendations for improvements. The 2006-07 proposed budget includes a request for $75,000`io pay for up to two performance audits to accomplish these purposes. The task force also recommended that the City continue its past practice of making sure that all fees and charges are kept current and recover the full cost of providing services for which they are charged.. The City will continue with this practice by reviewing all fees and charges annually as required by City Code. Council Goal Update 5 . 'TT AGENDA ITEM # FOR AGENDA OF April 25, 2006 CITY-OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY,, ISSUE/AGENDA TITLE Annual Volunteer Program Highli ghts Presentation PREPARED BY: Bob Roth DEPT HEAD-Ok QTY MGR OK CX ISSUE BEFORE THE COUNCIL The annual Volunteer. Programpresentation informs the City Council and community about recent accomplishments and ongoing activities: STAFF RECOMMENDATION No action required; information only. INFORMATION SUMMARY Current City of Tigard volunteers provide an array of services at Department facilities, field locations, and .from their homes. Indivdual,volunteers and community partnerships leverage staff and financial resources to achieve significant outcomes such as enhancing public safety. through Reserve Program officer patrols, facilitating Library operations, and improving water qualitythrough restoration projects. Volunteering also serves to increase interactions between residents, and expand cooperation' between generations. ` The 2006• Volunteer - Hghlights Presentation will provide several. examples of volunteers' commitment and involvement. OTHERALTERNATIVES CONSIDERED . None. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT GOAL:, City will maxi nine the effectiveness, of the'volunteer spirit to accomplish the greatest good for our community.. ATTACEIMENT.LIST Powerpoint Presentation FISCAL NOTES . None Tigard is committed to informing and involving all of its residents. Presenting written and website information in Spanish expands public by a JN l e awareness. TT NATIONAL VOLUNTEER WEEK Volunteers will play important roles in April 23-26.2006 providing translation and interpretive services. 2oo6 City of Tigard The Volunteer Program Highlights. Changing Face of Library Volunteers DT rd's volunteers enrich our community and reap rewards through their participation Trends in job training and career exploration. The following presentations provide specific examples of volunteerism in action. Library Volunteers Library Volunteers today are s years ago.......... these people plus........ .t 7 1 Workplace training and , career exploration continue to be an important component of the library's volunteer program. ! L8 .a • «„o ' YAW rilf \-t~ byExample' _ NATIONAL VOLUNTEER WEEK April 23729, 2006 The Story of "Tree for All" The Mechanics of a Successful Partnership IY~Ilitii .Partnering A Critical Component of K1 Public Works Volunteering Tree forAll community Stream Planting Challenge Project Preparation, Materials, and Volunteer Recruitment Supplies • Procure 1300 native trees and shrubs • Mailings inviting Slake 1300 plant locations Netghborhood on site • Contacting Past Volunteers Provide staking mulch, tree protections materials • Visits to Civic Clubs Provide e • Visits to Local Schools @ - fo d/watlerts, tables, 1 ► • Corporate Recruitment Provide Tools & Site k~ • Contacts with Nonprofits Leaders 2 125o Native Trees and Shrubs Installed in One Day RESULTS Partnering Pays Off!!!! 154 Satisfied Volunteers Hard Work and Community Donate 56o Hours in One Morning Produce Results E.. II8'a r 077K- 771"I'M TIGARD 2005 VOLUNTEER PROGRASTATISTIC S 011 S 2005 - 970 Volunteers contributed 21,621 hours of their timetowards Tigard by/ X e projects, services, and events • The 21,621 hours of volunteer time equal NATIONAL VOLUNTEER WEEK 1o fulltime staff positions April 23-29, 2006 At the current rate of $18.04 per hour, the 2005 volunteer hours are vabed at $390,043.00 ' 3 . AGENDA ITEM. # FOR AGENDA OF April 25, 2006' CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA T1'1'T "F. QuarteI 1 plate on the Current Status of the Emergence Management Program in Tigard PREPARED BY: Dennis Koellermeier . DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL. An update on, emergency management. STAFF, RECONIlVIENDATION No action required Informational only. INFORMATION SUMMARY The City,of Tigard continues to work on, emergency preparedness and would like to provide an update on, the following activities: Tigard/OCEM Partnership The Office of Consolidated Emergency Management (OCEM) seeks to consolidate the efforts of participating jurisdictions into an integrated system to prepare for, respond to, recover from, and mitigate disasters. The City's partnership in OCEM has improved Tigard's disaster and emergency coordination and preparedness. In June, the City will participate in a practice;exercise, using a domestic terrorism scenario. This event will serve to: ■ help staff evaluate incident plans, procedures, and equipment ■ familiarize emergency response personnel with their.responsibilities ■ help the City assess its ability to provide critical services during an emergency CERT Training for Citizens & Staff Tigard's Community Emergency Response Team (CERT) program began its fifth citizen class and the first of several classes for City staff. Volunteer and staff trainees receive 24 hours of training and give the city.greater'depth and. resources in the area of emergency management. These individuals would be invaluable should the City experience a severe disaster or event in which emergency resources are overwhelmed . CERT Community Presentations The CERT sponsored 72-hour preparedness presentations have, over-the last 12 months, reached over 200 citizens.., OTHER ALTERNATIVES CONSIDERED None. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Tigard City Council, Other Important Goals for 2006 Improve Communication and Relationship with Citizens Tigard Beyond Tomorrow, Public Safety Goal #2: The community will be trained and prepared for emergencies Strategy #1: Develop community wide program to. train citizens to be.self-sufficient for the first 72 hours after an emergency. Strategy #2: Coordinate Tigard emergency response providers. ATTAC MENT LIST 1. Sample outreach brochure 2. Map of CERT graduates by location 3. OCEM program objectives FISCAL NOTES The City of Tigard's emergency management program is primarily funded through the City, with $6000 allocated to the FY 04/05 budget and the same amount proposed for the FY 05/06 budget. OC EM'annual membership dues are $36,•100. The CERT program is 95% federally funded through• a,Depar::ment of Homeland Security (DHS) -and Federal Emergency Management Administration (FEMA) grant. The grant is overseen by Oregon Department of State Police and Oregon Emergency Management (OEM) and managed _by the City's CERT Coordinator. Since FY 04/05 the City has been awarded $1750. The City is awaiting confirmation for additional federal grant money to support this program in FY 06/07. AttaCh 1 a~'~ ment 1 .r i ~ W+~ r ,'aan S~y Ii ..sue'} S..a.,...L, v"~j 1 t ~ u 2F~ _,S..s.~, ._.f...._,.w. iw:' sr" r R 7 h 4r.N. 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"°.°i.3".m~..--, -~-r- :d ..aR-zz?~'~, rK.;~""-~:.. ,l'-' aRi9_ s..~"r' _F :&~f'_i.: ^a :~s.. _ - _ M^~-~w'~g~~z ~,r. •r,ue.; ~Y '":~,F:;, ;j.,`~2:" r-.~y._.:; What Can I Do to Help My Family and My Community? citizen r p You can take simple steps to -be prepared for *Col"S, ~ Citizen Corps emergencies, get training in basic first aid, and. _ Programs offer many ways to get volunteer a help local emergency responders. Here prepared, get training.and volunteer. To learn more Volunteers in Police Service works to about these"programs,.visit:.www.citizencorp.com. enhance the capacity of state:.and "local law are some ways you can get involved through your - . . ' local Citizen-Corps. Council:. - ; enforcement, to utilize volunteers. VIPS serves Citizen. Corp Programs: as a' gateway, to. resources and' information - for. PREPARE yourself and your family: get a kit, ' and about law enforcement volunteer programs. -make-a family plan' and be informed about poten- tial threats and emergencies. To learn more about -how you can prepare, visit w.ww.ready.gov. GET CONNECTED to.disaster volunteer groups. through -your Citizen Corps Council, so--that if medicdl Community Emergency Response.Team (CERT) reserve something happens, you can get help" in an orga _ corps also known as. Neighborhood Emergency Teams . • • nized manner. - (NETs), Neighborhood Emergency . Response Medical' Reserve Corp -strengthens communi-. HELP OTHERS get prepared, especially those with Teams (NERTs), and (HEARTS), these programs ties by helping medical, public-health and other special needs, who may need extra assistance. educate people about disaster. preparedness and ` volunteers offer their expertise throughout the year trains them in basic disaster response skills, such as-well as during local emergencies"and other times Dps for Wise Volunteering as fire safety, light search and rescue, and disaster of community need.. Give voice to your. heart through your giving and medical operations. Join a community emergency volunteering! Bring your-heart and your.sense of response.team in yourarea to, help people imme- humor to your volunteer service, along with your diately after a disaster and to assist emergency' enthusiastic spirit, which is itself a pri celess gift: responders whenever needed..' FIRE . What you'll get back will be immeasurable! c o R P S • Research the causes or issues important to you. J The Fire: Corps ' promotes • the use of citizen- -Look for a group that works with issues'about advocates -to enhance. the- capacity of, resource- which-you feel strongly. constrained fine and rescue departments by • Consider the skills you have to offer. If you en- _ providing fire safety, prevention education, -and joy physical work, have 'a' knack for teaching- other non-operational duties in the community.. or just enjoy interacting with people, you may want to look for volunteer work that would in- - corporate these aspects of your personality. _ . • -Volunteering can give you the opportunity to Neighborhood Watch 'meet other goals. in-your-lifer You can learn a - >r new skill, meet new people, spend time together, Join a Neighborhood Watch group to help with as a family, even lose a few pounds by choosing= j crime prevention, ' terrorism awareness, and an active volunteer opportunity! y; neighborhood emergency preparedness. ti+ C,E.R,T. Program I tzaend "Yi'a,9igVYA,iiY 44hn h p -^YFPVMEYS lft, vy ~f ..diot't~ Y. 6r; ca v,nvcaevwr<a w;n..~ .-s 01110v i .T^.Yifi&igAM#c }(i:MCrl tErv6 I = t is &,NK ~}:[uI.LWl6N2NU u e.n"s{rt..rypX ' OF, 4.R`N WS. \ ~R ~ xc*m>.,.awumi, °"x wr>~a:cam . nnur.amn :t `e' „f` A8/Ftln t:W trnlfvlnGFk - ' - qty :x,:rx4iCYSCR . ,f.'fiv 4YNP4v A ,,~g~.., Mtiv+ac naU;,e ^c^ss, td <+ic~xrs.saws«+' ' L1 .ner Wtt'tx~ e'hY,nCtt NIE - r~r T!'JCY PrT n+W ~ ! tq R5N.tty ~,4.IN.t lG'bWbFrr ~ ' r9 Y.ia Mn'aIyNM1C~ 1 W4A155`C " 1, ' I arx f4.,l W~ } I. I ls^ ~T r.. °NKkE, H4ftlf I. S r J` e :.t rNU, ; r vi vte _ ; h'' Y.F :l3 131' , ntr Sv: S nr rr, s' n a.. 1 k , Attachment 3 `~GTOIV FY 06-07 Program Objectives 3~ 2 Consolidated Office of Consolidated Emergency Management Emergency Management for Washington County (Second Draft - January 7, 2006) OREGON FY 06-07 OCEM Team Priorities Project Description Related Strategic Assigned To Goal(s) Complete development of the following elements of the County's Emergency Operations Plan: ➢ Public Health Annex Comprehensive Plans Scott/Steve ➢ Mental Health Annex Comprehensive Plans Steve ➢ Communications Annex Comprehensive Plans Sharon/Doug ➢ Population Protection Annex Comprehensive Plans Scott/Steve ➢ Debris Management Annex Comprehensive Plans Mary/Mike L ➢ Transportation Annex Comprehensive Plans Mary ➢ EMS Resource Management Annex Comprehensive Plans Steve/Jeff ➢ Emergent Volunteer Management Comprehensive Plans Sue/Steve Support design and conduct of TOPOFF Training and Exercise All 4, the national homeland security exercise Design and conduct a special purpose Public Education TBD forum in 2006 OCEM Leadership Support efforts to develop a regional mass Comprehensive Plans TBD evacuation plan Develop an inventory of special needs Comprehensive Plans TBD populations in Washington County Compile a list of Washington County Comprehensive Plans Steve/Mike M./Scott organizations that are potential applicants for assistance under FEMA's Public Assistance program FY 06-07 OCEM Director Priorities ➢ Coordinate county involvement in the DHS UASI grant program process ➢ Coordinate any countywide DHS HSGP grant application process ➢ Coordinate implementation of the National Incident Management System ➢ Conduct directed emergency management outreach to non-OCEM partner cities, special districts, and others 1 FY 06-07 Jurisdictional Priorities Washington County ➢ Coordinate County implementation of NIMS ➢ Facilitate and/or conduct training of County staff to meet FY06 NIMS training requirements for ICS 100, ICS 200, IS 700, and IS 800 ➢ Facilitate and/or conduct training of County staff to meet EMPG training requirement for AWR-160 WMD/Terrorism Awareness ➢ Implement the County's Natural Hazard Mitigation Action Plan ➢ Coordinate any County application for FY07 Pre-disaster Mitigation Grant funds ➢ Manage the EMPG grant ➢ Facilitate and/or conduct training of the EOC Finance Section Washington County Sheriffs Office ➢ Facilitate and/or conduct training of sheriff s office staff to meet FY06 NIMS training requirements for ICS 100, ICS 200, IS 700, and IS 800 ➢ Facilitate and/or conduct training of sheriff s office staff to meet EMPG training requirement for AWR-160 WMD/Terrorism Awareness ➢ Formulate and present to E-Staff a proposal for a Sheriff s Office Disaster Planning Team ➢ Manage grants awarded to the County including LETPP, UASI, and Byrne Washington County DLUT ➢ Facilitate and/or conduct training of DLUT staff to meet FY06 NIMS training requirements for ICS 100, ICS 200, IS 700, and IS 800 ➢ Facilitate and/or conduct training of DLUT DOC Finance Section ➢ Facilitate resource directory training with agency staff ➢ Coordinate joint structural collapse training with TVF&R and LUT equipment operators City of Beaverton ➢ Facilitate and/or conduct training of City staff to meet FY06 NIMS training requirements for ICS 100, ICS 200, IS 700, and IS 800 ➢ Facilitate and/or conduct training of City staff to meet EMPG training requirement for AWR-160 WMD/Terrorism Awareness ➢ Facilitate and/or conduct at least 3 Basic CERT classes and 6 advanced CERT training sessions ➢ Facilitate and/or conduct training of City staff to meet established City training requirements for staff with EOC assignments ➢ Manage Grants awarded to the City including LETPP, EMPG, UASI, and PDM. ➢ Participate in the development and conduct of a multi jurisdiction CERT Rodeo City of Hillsboro ➢ Conduct NIMS ICS classes to meet DHS requirements and internal (city) goals (IS- 100, IS-200, IS-300, IS-400, IS-700, IS-800) ➢ Expand and maintain CERT program 2 o Conduct at least 5 sessions of initial CERT training (3 adult, 1 employee, and 1 high school), 10 follow-on training sessions, and 4 team-building sessions o Represent Forest Grove CERT program in UASI grant process o Participate in UASI-funded Citizen Corps activities o Integrate CERT, ARES, Fire Corps, and VIPS volunteers into public safety training/exercises and city-sponsored events ➢ Prepare for TIPOFF and TOPOFF exercises o Participate on county-wide and city design teams o Conduct EOC, IMT, and Policy Group staff training o Participate in JWC/Water Department and other preparatory tabletop exercises ➢ Work on Natural Hazard Mitigation Plan ➢ Expand and maintain WECAER group ➢ Coordinate and implement plan for alternate EOC in Hillsboro Police Department's West Precinct building City of Tigard ➢ Facilitate and/or conduct training of select City staff to meet FY06 NIMS training requirements for ICS 100, ICS 200, IS 700, and IS 800 ➢ Facilitate and/or conduct at least 4 sessions of initial CERT training (2 adult, and 2 employee), and coordinate 6 Enhanced training sessions. ➢ Facilitate and/or conduct training of City staff to meet established City training requirements for staff with EOC assignments in preparation for the TIPOFF and TOPOFF exercises. ➢ Facilitate and/or conduct outreach 72-hour Preparedness presentations once a quarter to city residents ➢ Facilitate the scheduled annual review/revision of the City EOP ➢ Coordinate with contracted vendor to develop a City Natural Hazard Mitigation Plan that piggy-backs on the current approved County plan. ➢ Participate in the development and conduct of a multi jurisdiction CERT Rodeo ➢ Manage Grants awarded to the City's Public Works Department including LETPP, and UASI. Tualatin Valley Fire and Rescue ➢ Implement NIMS compliance plan, focusing on presenting/facilitating NIMS/ICS training: o ICS-100 (all non-line staff) o ICS-200 (selected staff) o IS-700 (all staff who haven't already taken it) o IS-800 (IMT ICs only) ➢ Develop/conduct IMT and FOC Training o Resource Ordering o Plans/Ops integration o Additional Planning Section training o Communications function (includes Message Center functions and new Communications Unit Leader) o IMT/Hazmat Team integration o HR: Employee/Family Welfare function o Company Officer In-service: Disaster ops 3 ➢ City training/exercise/planning support as needed ➢ Continue development of service level objectives and development/evaluation of potential metrics (not a typo) systems ➢ EOP review/update ➢ Augment preparedness supplies for district facilities (pending budget approval) 4 COUNCIL PRESENTATION April 25, 2006 Emergency Management Program Update, SCRIPT CITY COUNCIL AND CITY MANAGER, FOR THE RECORD MY NAME IS MIKE LUECK, PUBLIC WORKS PROGRAM ASSISTANT AND THE CITY'S EMERGENCY MANAGEMENT COORDINATOR TONIGHT I WILL UPDATE YOU ON FOUR ELEMENTS OF THE CITY'S EMERGENCY PROGRAM PLANNING (INCLUDES TRAINING AND EXERCISING), CERT, 72-NOUR PREPAREDNESS, OCEN PLANNINGRRAINING/EXERCISING PLAN IAW OUR CURRENT EOP REVIEW CYCLE, WE ARE REQUIRED TO CONDUCT PERIODIC PLAN REVIEWS. IT IS A CONTINUOUS PROCESS BROKEN OUT BY DIFFERENT REQUIREMENTS ON EVEN AND ODD YEARS. WE BASE OUR UPDATES ❑ LESSONS LEARNED FROM RECENT DISASTER (MS AND LA) ❑ TAILORED NATION WIDE BEST PACTICES PROTOCOLS ❑ THROUGH TRAINING AND EXERCISING m THIS YEAR OUR FOCUS HAS BEEN UPDATING THE EMERGENCY MANAGEMENT WEB PAGE WITH MORE PREPAREDNESS TIPS AND CHECKLIST. THROUGH OUR VOLUNTEER POOL WE HAVE BEEN ABLE TO TRANSLATE A NUMBER OF OUR CHECKLIST AND TIPS TO SPANISH IN EFFORT TO REACH OUT TO THE LATINO COMMUNITY. ONCE WE HAVE FINALIZED EVERYTHING WE WILL POST THAT INFORAMTION TO THE EMERGENCY MANAGEMENT SITE (HOPEFULLY EARLY THIS SUMMER). IN MAY, A NUMBER OF STAFF WILL BE INVOLVED IN A SERIES OF WORKSHOPS FACILITATED BY CH2MHILL TO DEVELOP A NATURAL HAZARD MITIGATION PLAN ADDENDUM. THE ADDENDUM WILL SUPPORT THE COUNTY'S CURRENT ADOPTED PLAN. THE PLAN ADDENDUM WILL REVISIT EACH OF THE IDENTIFIED NATURAL HAZARDS THAT COULD POTENTIALLY IMPACT TIGARD; IT WILL ADDRESS THE CITY'S VULNERABILITIES TO THOSE HAZARDS, THEIR PROBABILITY AND ESTABLISH A ACTION PLAN TO MITIGATE THE HAZARD TO THEIR LOWEST IMPACT. TARGET DATE FOR THE ADDENDUM TO BE COMPLETED WILL BE JUNE 30TH. WE ARE CURRENTLY LOOKING AT A COMPUTER SOFTWARE SYSTEM CALLED "CODE RED". IT IS A REVERSE 911 EMERGENCY CALL OUT SYSTEM THAT COULD BE TAILORED TO TIGARD. USING EXSISTING MAPS AND AVAILABLE CONTACT INFORMATION, SHOULD AN EVENT OCCUR (LIKE EARTHQUAKE OR CHEMICAL SPILL) WE COULD TARGET THE AFFECTED AREA THROUGH ANY .CITY COMPUTER AND GET AN EMERGENCY MESSAGE OUT LIKE SHELTER IN PLACE OR EVACUATE. THE SYSTEM HAS THE ABILITY TO CONTACT 1,600 RESIDENTS PER MINUTE OR 1009000 PER HOUR. THERE ARE CURRENTLY A NUMBER OF JURISDICTIONS IN OREGON WHO USE THE PROGRAM ALL OF WHICH ARE VERY POSITIVE ABOUT HOW THE SYSTEM FUNCTIONS. WE WILL KEEP YOU UPDATED ON THE RESEARCH PROCESS. TRAINING ASSIGNED CITY STAFF CONTINUE TO TRAIN MONTHLY ON THEIR ROLES AND RESPONSIBILITIES IN THE EOC. ALL OF THE TRAINING THIS YEAR HAS BEEN COMPLIANCE DRIVEN AND FOCUSED TO THIS YEARS EXERCISE PARTICIPATION. WICISE LT RICK RHODES FROM TIGARD PD AND I HAVE BEEN WORKING ON AN EXERCISE DESIGN TEAM SINCE NOVEMBER OF LAST YEAR IN PREPARATION FOR OUR JUNE 14TH, 2 COUNTY AND MULTIPLE DISCIPLINE TERRORISM SCENARIO BASED EXERCISE. WE HAVE IDENTIFIED THE AFFECTED NEIGHBORHOOD .AS WELL AS THE DISCIPLINES WITHIN THE CITY WHO WILL BE IMPACTED. A SERIES OF NOTIFICATIONS ARE SCHEDULED CITY-WIDE AND AS WE GET CLOSER TO THE EXERCISE WE WILL TARGET MORE SPECIFICALLY THE IMPACTED NEIGHBORHOOD THROUGH MAILERS, DOOR HANGERS, AND A REVERSE 911 CALL NOTING THE TYPE OF ELEVATED ACTIVITY THEY CAN EXPECT, REITERATING THAT IT IS JUST AN EXERCISE, AND HOW THEY CAN BE INVOLVED SHOULD THEY BE INTERESTED (CONCERNED CITIZENS OR VICTIMS). THE REASON WE ARE KEEPING THE ACTUAL LOCATION UNDISCLOSED IS TO GIVE US A BETTER SNAP-SHOT OF OUR ABILITY TO RESPOND IN AN EMERGENCY. I CAN TELL YOU THE LOCATION WILL REALLY TEST OUR ABILITY TO COORDINATE WITH MILTIPLE DISICPLINES AND JURSIDICTIONS. THIS EXERCISE IS A BUILD UP TO NEXT YEARS, 2 STATES AND 2 COUNTRY EXERCISE SCHEDULED FOR FALL OF 2007. DEBT TONIGHT, AS WE SPEAK WE ARE COMPLETING CERT CLASS NUMBER 5 FOR OUR CITIZEN VOLUNTEERS WHICH BRINGS US TO A TOTAL OF 52 TRAINED VOLUNTEERS TO DATE. WE HAVE ALSO SUCCESSFULLY COMPLETED OUR FIRST CLASS OF CITY STAFF. 18 CITY STAFF WENT THROUGH THE EIGHT WEEK, 24 HOUR COURSE WHICH THEY COMPLETED YESTERDAY. WE WILL CONTINUE TO CONDUCT AT LEAST 2 TO 3 OF THESE CLASSES FOR STAFF EACH YEAR UNTIL ALL OF OUR STAFF IS TRAINED. THIS NOT ONLY GIVES US MORE DEPTH AT THE CITY IN EMERGENCY RESPONSE BUT IT WILL ALSO HELP TO INSURE OUR STAFF HAVE PREPARED THEMSELVES AND THEIR FAMILIES AT HOME FOR AN EMERGENCY AND POTENTIALLY ALLOW A QUICKER RESPONSE TIME IN REPORTING TO THE CITY AND THEIR ROLES IN RESTORING CRITICAL SERVICES TO TIGARD RESIDENTS. 724091 PREPAREDNESS WE CONTINUE TO CONDUCT OUR 72-HOUR PREPAREDNESS OUTREACH TO CITY RESIDENTS THROUGH OUR CERT PROGRAM VOLUNTEERS. WE ARE CONDUCTING SCHEDULED PRESENTATIONS QUARTERLY, ALTHOUGH THE LAST TWO PRESENTATIONS WERE NOT TO WELL ATTENDED (COUNSELOR SHERWOOD), WE STILL HAVE BEEN MEETING OUR BENCH MARK OF 50 TO 70 RESIDENTS A QUARTER THROUGH SPECIAL REQUEST TO SMALLER GROUPS. WE HAVE PRESENTED TO OVER 250 TIGARD CITIZENS SINCE AUGUST OF LAST YEAR. I'D LIKE TO INVITE YOU AND THE AUDIENCE TO OUR NEXT SCHEDULED 72-HOUR EMERGENCY PREPAREDNESS PRESENTATION ON JUNE 29TH FROM 6:30 TO 8:00 PM IN THE COMMUNITY ROOM AT THE TIGARD LIBRARY. OCEN BETWEEN THE CITY MANAGERS BOARD RESPONSIBILITIES, DENNIS KOELLERMEIERS PARTICIPATION ON INCIDENT MANAGEMENT TEAM AND MY COORDINATED STAFFING ROLE, TIGARD CONTINUES TO BE A PRODUCTIVE CONSISTENT MEMBERS IN OUR COLLABORATION AS PARTNERS IN OCEM. WASHINGTON COUNTY IS STILL THE ONLY CONSOLIDATED AGENCY IN THE STATE, PROVIDING A FOCAL POINT FOR INFORMATION AND RESOURCES AND COUNTYWIDE LEADERSHIP FOR DISASTER PREPAREDNESS PLANNING, COORDINATION AND COMMUNICATION. THE ORGANIZATIONAL PARTNERS FOCUS FOR THIS YEAR HAS BEEN THE LEAD FOR THE 2006 FULL SCALE EXERCISE I SPOKE ABOUT EARLIER. WE ARE WORKING ON 4 ANNEXS TO THE COUNTY'S EMERGENCY OPERATIONS PLAN (DEBRIS, PUBLIC INFORMATION, HAZMAT AND EMS). ADDITIONALLY, WE ARE ALSO DEVELOPING AN ELECTED OFFICAL GUIDE, THE GUIDE WILL BE SMALL A POCKET SIZE CONSOLIDATED CHECKLIST OF RESPONSIBILITIES FOR ELECTED OFFICIALS TO CARRY WITH THEM AND USE DURING ALL HAZARD EVENT. FINALLY, EACH YEAR OCEM IDENTIFIES A PERTENANT TOPIC TO PRESENT TO SPECIFIC AUDIENCES, THIS YEAR WILL BE A FORUM ON SPECIAL NEEDS POPULATIONS. IT IS SCHEDULED FOR THIS FALL WITH THE TARGET AUDIENCE BEING OWNER/OPERATOR'S OF AUDLT CARE AND ADULT FOSTER CARE FACILITIES. THIS CONCLUDES MY PRESENTATION, I'D BE HAPPY TO ANSWER OTHER QUESTIONS YOU MIGHT HAVE. THANK YOU FOR YOUR TIME: AGENDA ITEM # FOR AGENDA OF April 25, 2006 CITY OF TIGARD, OREGON COUNCIL. AGENDA ITEM SUMMARY ISSUE/AGENDA TITTLE Real Property Acquisition for 550-foot Zone Reservoir No. 2 Site PREPARED BY: Brian Rager DEPT HEAD OK &2~ CITY MGR OK ISSUE BEFORE THE COUNCIL The Council will be asked to consider the proposed Purchase Agreement between the City and the Price family. STAFF RECOMMENDATION Staff recommends the Council pass a motion to approve the Purchase Agreement and authorize the City Manager to execute the document. INFORMATION SUMMARY The Water Distribution System Plan Map calls for a 3 million gallon reservoir to be located at a 550-foot elevation on the south and east side of Bull Mountain. This reservoir will serve local neighborhoods at and below this elevation. The City has been working over the last several years to secure a site for this new reservoir. Staff has been negotiating with Mrs. Elizabeth Price and her family for the purchase of her 2.67-acre parcel, located on the north side of Bull Mountain Road, across from the new Alberta Rider Elementary School (Tax Lot 2500, Map 2S1 09AQ. This is the only vacant property of suitable size and elevation for the reservoir. This site offers not only a location for a buried water reservoir, but also the space to construct a small pocket park. Because the reservoir will be under ground, as per the property owner's wishes, the City will actually be able to locate pocket park, complete with playground equipment, above the buried reservoir. The property was appraised at $1.2 million, and both the Price family and the City agree this is a fair price for the land Attached is the final Purchase Agreement with conditions of sale that were negotiated between the City and the family. OTHER ALTERNATIVES CONSIDERED There are no other vacant properties in this area that would be of suitable size and elevation for this reservoir. Previously, the City attempted to place this reservoir on the Alberta Rider Elementary School property, but site constraints made this option impossible. i COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Tigard Beyond Tomorrow, Urban and Public Services Water and Stormwater Goal # 1- "Actively participate in regional development of drinking water sources and adequate, innovative funding mechanisms to develop those sources for Tigard users while exploring local options for water reuse and groundwater source." Strategy #3 - "Build identified water capital improvements." 2005 City Council Goal #3 - Address Growth Identify and acquire parks and open space ATTACd IlVIENT LIST 1. Purchase and Sale Agreement and Joint Escrow Instructions FISCAL NOTES The land value is $1.2 million. These funds are budgeted in the FY'05/'06 water SDC fund, and sufficient funds will be carried over to FY '06/'07 in the event the transaction does not close before July 1, 2006. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS ("Agreement") is entered into as of 2006 (the "Effective Date"), between C. ELIZABETH PRICE and LEE GODDARD SQUIER, Trustees of the Survivor's Trust and Residuary Trust under the Price Family Living Trust dated November 4, 1984 (collectively, "Seller") and THE CITY OF TIGARD, an Oregon municipal corporation ("City"). RECITALS A. Seller is the owner of real property in Washington County, Oregon consisting of approximately 2.67 acres and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). B. The City has identified the Property as having a location and elevation ideally suited for the location of a water storage reservoir which will fulfill a critical need in the City's plans for provision of adequate water supplies to its residents and others serviced by the City's water system. In addition, the City has identified the Property having characteristics of location and topography that would render it suitable for acquisition by the City for park purposes. For the foregoing reasons, the City has entered into negotiations with Seller for the sale and purchase of the Property and has advised Seller that the City would be prepared to exercise its power of eminent domain if necessary to acquire the property. C. With the understanding that the City is prepared to exercise its power of eminent domain with regard to the Property, Seller and the City have agreed to terms and conditions for the sale of the Property to the City which are set forth in this Agreement. NOW THEREFORE, based upon the foregoing recitals which are incorporated in the understanding of the parties set forth herein, the Seller and the City agree as follows: AGREEMENT 1. Purchase Price. The purchase price (the "Purchase Price") to be paid by City to Seller for the Property is ONE MILLION TWO HUNDRED THOUSAND DOLLARS ($1,200,000.00). The Purchase Price shall be payable in cash or other immediately available funds through escrow at the Closing (as that term is defined below). 2. Escrow. 2.1 Escrow Agent. Upon execution of this Agreement, the parties shall deliver a copy of this fully executed Agreement to Ticor Title Insurance Company (the "Escrow Agent"). Seller and City hereby authorize Escrow Agent to take necessary steps for the closing of this transaction pursuant to the terms of this Agreement. PURCHASE AND SALE AGREEMENT, PAGE 1 OF 11 C:\DOCUME-I\Cathy.000\LOCALS-I\Temp\Real Prop Agmt-Price Pur Agreement.doc 2.2 Cancellation Fees and Expenses. In the event this Agreement is terminated because of the non-satisfaction of any condition set forth in Section 3 of this instrument, or in the event this Agreement is terminated because of City's default, any cancellation charges required to be paid to Escrow Agent shall be borne by City. In the event this Agreement is terminated because of Seller's default, any cancellation charges required to be paid to Escrow Agent shall be borne by Seller. 3. Conditions Precedent to City's Obligation to Close. City's obligation to close the transaction described in this Agreement is expressly contingent on satisfaction or waiver by City of all of the following conditions precedent: 3.1 Approval of Title by City. 3.1.1 Preliminary Title Report. Within five (5) days of the effective date of this Agreement, City, at City's expense, shall obtain a Preliminary Title Report issued by the Escrow Agent, describing the Property, listing the City or the City's designee as the prospective named insured, and showing as the policy amount the total Purchase Price. The Escrow Agent shall also deliver to City copies of any financing statements filed against the Property and true, correct and legible copies of all instruments referred to in such Preliminary Title Report as conditions or exceptions to title to the Property, including liens. 3.1.2 Title Objections & Notice to Seller. In the event the Preliminary Title Report should show any exceptions other than the Permitted Exceptions (defined below), City shall deliver to Seller written notice of disapproval of exceptions within ten (10) days of City's receipt of the Preliminary Title Report. Failure of City to disapprove of any exception within such time shall be deemed an approval. 3.1.3 Seller's Removal of Exceptions. In the event City shall give notice to Seller disapproving any exceptions to title, Seller, within five (5) days of written notice of disapproval by City, shall notify City in writing of those disapproved exceptions that Seller agrees to remove, or will not remove, prior to the Closing. 3.1.4 City's Remedies. In the event City gives notice of disapproval of any title exceptions and Seller gives notice to City that Seller is unable or unwilling to remove the disapproved exceptions prior to Closing, the City may, in City's sole discretion: (i) terminate this Agreement, in which event all the rights and obligations of the parties under this Agreement shall be null and void; or (ii) agree to close this transaction subject to all unremoved exceptions. In no event shall Seller be required to remove or to reimburse City for the removal of any lien or other exception to title created by City's activities with respect to the Property. 3.1.5 Permitted Exceptions {"Permitted Exceptions"). As used herein, the term "Permitted Exceptions" means: 3.1.5.1 The standard printed exceptions contained in the Preliminary Title Report relating to zoning ordinances, building and use restrictions, reservations and federal patents, and utility easements of record. PURCHASE AND SALE AGREEMENT, PAGE 2 OF 11 CADOCUME-1\Cathy.000\LOCALS-1\Temp\Real Prop Agmt-Price Pur Agreement.doc 3.1.5.2 The standard printed exception for encroachments, overlaps, boundary line disputes, and any matters which would be disclosed by an accurate survey and inspection of the premises to the extent allowed by applicable rules and regulations, unless City obtains a survey of the Property, at its sole expense, in which event City reserves the right to object to any exceptions that are disclosed by said survey. 3.1.5.3 The standard exception as to the lien for taxes, limited to the period during which Closing is scheduled to occur for which said taxes are not yet due and payable. 3.1.5.4 Any exception contained in the Preliminary Title Report to which City has not given notice of objection. 3.1.5.5 Any lien or encumbrance created by City, including any obligation of City to Seller. 3.2 Approval of Studies. City shall have one hundred twenty (120) days from the effective date of this Agreement (the "Study Period") to undertake such tests, investigations and studies of the Property as City shall deem necessary or appropriate to determine the suitability of the property for City's intended use. Seller agrees that City shall have such access to the Property as City or its agents shall require to perform such tests, investigations and studies, and Seller shall reasonably cooperate with City and its agents with regard thereto. The cost and expense of such tests, investigations and studies shall be borne by City, and City agrees to indemnify Seller from any claims, harm or loss arising out of the conduct thereof by City and its agents. In the event that City shall determine, in its absolute discretion, that the Property is not suitable for its purposes, City may terminate this Agreement by written notice thereof given to Seller at any time within the Study Period. City shall restore the property as near as practicable to its preexisting condition. Such notice shall serve as a termination of this Agreement, and the parties shall thereafter have no further obligations toward each other pursuant hereto. In the event City shall elect to terminate this Agreement as a result of such tests, investigations and studies, City agrees to provide to Seller copies of all reports thereof which City may have received at the time of giving notice of termination. The duties of the City to indemnify and provide to Seller copies of reports contained in this Section 3.2 will survive the termination of this Agreement. 3.2.1 Consultations with Seller during Study Period. During the Study Period, City agrees that it will consult with Seller with regard to the development of a plan for the proposed use of the Property by the City ("Plan of Use") that will include the proposed nature and location of improvements, landscaping, parking .and fencing on the Property. Said plan will be in conformity with all applicable federal, state and City laws, regulations and ordinances relating to the proposed use of the Property by the City for reservoir and park purposes. In general, Seller and City acknowledge that the said plan will include: 3.2.1.1 Water System Improvements. Water System Improvements shall consist of an approximately three million gallon underground reservoir along with an associated inlet and outlet piping system. The City may also construct a well and a well house for aquifer . PURCHASE AND SALE AGREEMENT, PAGE 3 OF 11 C:\DOCUME--1\Cathy.000\LOCALS--I\Temp\Real Prop Agmt-Price Pur Agreement.doc storage and recovery purposes. The water system improvements therein will be located at the southerly portion of the property in accordance with the Plan of Use. 3.2.1.2 Park Facilities. The City agrees that park improvements to be constructed on the Property will consist only of covered picnic table and bench facility, restrooms with locks that will be locked except during normal park operation hours (i.e., from dawn to dusk), swings and/or other play structures for children, walking and/or bicycle trails, and low level lighting. The park will have only the vehicle parking required by the Americans with Disabilities Act, and will not have athletic fields or field lighting. 3.2.1.3 Covenants for the Benefit of Tax Lot 2400. Under Washington County Partition Plat 2000-086, recorded as Washington County Document No. 2000094935, Seller owned Parcel 1 (Tax Lot 2400). Tax Lot 2400 was sold to Kim and Rebecca Knudeson (Knudeson). As a condition of this sale, the parties agree that the City shall be subject to covenants in favor of Knudesen as set forth in Section 6.2.2, below. 3.2.1.4 During the Study Period, the City will develop the Plan of Use. After consultation with Seller, the City shall submit the plan for review and approval in accordance with City processes. Upon approval by the City Council, this transaction may close. 3.3 Approval of City Council. The duty of the City to purchase the Property pursuant to this Agreement is contingent upon appropriate action by the City Council of the City, taken after the Study Period and approval of the Plan of Use, authorizing the closing of the transaction described herein. If the City Council of the City shall fail to grant such authorization prior to the Closing Date, the City shall give written notice to Seller of such failure of authorization in which event this Agreement shall terminate and the parties shall have no further obligations pursuant hereto. 4. Failure of Conditions Precedent. In the event of a failure of any condition precedent to City's obligation, or if City has terminated this Agreement pursuant to Sections 3.1, 3.2 or 3.3, the escrow and the rights and obligations of City and Seller under this Agreement shall terminate and be of no further force or effect except for any duties and obligations which are expressly stated in this Agreement to survive such termination. 5. Seller's Warranties. 5.1 Construction or Other Liens. Seller warrants that, at the time of Closing, no work, labor or materials have been expended, bestowed or placed upon the Property, adjacent thereto or within any existing or proposed assessment district which will remain unpaid at close of escrow or upon which a lien may be filed. 5.2 Parties in Possession. Seller warrants that, at the time of Closing, there will be no rental agreements, contracts, leases or other agreements affecting the use or occupancy of the Property. PURCHASE AND SALE AGREEMENT, PAGE 4 OF 11 C:\DOCUME-I\Cathy.000\LOCALS-I\Temp\Real Prop Agmt-Price Pur Agreement.doc 5.3 Authority of Seller. Seller warrants that it has the authority to execute this Agreement, to enter into the escrow contemplated herein, to perform all of its obligations hereunder, and that the party executing this Agreement on behalf of Seller has been fully authorized by appropriate resolution to bind Seller to the terms and provisions hereof. 5.4 No Option or Right of First Refusal to Acquire Premises. Seller represents that no person or entity has any right of first refusal, right of first offer, option or any other form of right to acquire any interest in the Property or any part thereof. 5.5 Environmental Warranty. Seller has received no notice of any existing or pending claim or of any facts or circumstances that may give rise to any future civil, criminal or administrative proceedings against Seller relating to hazardous materials that may be present on the Property. To the best of Seller's knowledge without investigation, no hazardous materials have been discharged upon, brought upon or stored on the Property in violation of applicable law or regulations. As used herein "hazardous materials" means any substance the presence or discharge of which is regulated by any federal, state or local law. 6. Closing. 6.1 Closing Date. The closing (the "Closing") of the sale of the Property by Seller to City shall occur in escrow in the offices of the Escrow Agent within thirty (30) days of the satisfaction or waiver of the conditions set forth in Section 3 of this Agreement (the date of the Closing being the "Closing Date"). The transaction contemplated in this Agreement is "closed" when the Deed (as defined below) to be delivered by Seller is recorded, all other documents required by this Agreement are executed and delivered, and the Purchase Price is paid through escrow to Seller as provided in this Agreement. 6.2 Deliveries to Escrow Agent. In connection with the Closing, the following shall occur, and the performance or tender of performance of all matters set forth in this Section 6.2 shall be mutually concurrent conditions: 6.2.1 Seller's Deliveries. On or before the Closing Date, Seller shall deliver the following into escrow: 6.2.1.1 Statutory Warranty Deed ("Deed"), fully executed and acknowledged by Seller, conveying to City the Property free and clear of all encumbrances other than the Permitted Exceptions; 6.2.1.2 An ALTA standard coverage owner's title policy in the amount of the total Purchase Price that shall insure fee simple, indefeasible title to the Property in City, subject only to the Permitted Exceptions; provided that City shall have the right to order an ALTA extended coverage owner's policy. City shall be responsible for and pay the premium for the standard ALTA owner's policy and City shall pay the additional premium for an ALTA extended coverage owner's policy, together with all related expenses; and PURCHASE AND SALE AGREEMENT, PAGE 5 OF 11 CADOCUME- I \Cathy. 000\LOCALS- I \Temp\Real Prop Agmt-Price Pur Agreement.doc 6.2.1.3 Certificate executed and sworn to by Seller (a) confirming Seller's United States taxpayer identification number and (b) stating that Seller is not a "foreign person" within the meaning of Section 1445 of the Internal Revenue Code of the United States of America of 1986 and otherwise in compliance with §1.1445-2T of the regulations promulgated thereunder. 6.2.2 City's Deliveries. On or before the Closing Date, City shall deliver the following into escrow: 6.2.2.1 The full amount of the Purchase Price and such other funds as are required to pay all closing costs and prorations as described in Section 6.3 hereof, 6.2.2.2 A declaration of covenants, in recordable form, by which the City agrees to restrict the use and development of the Property for the construction, maintenance, repair and replacement of an underground water storage reservoir, the storage and recovery of water from the aquifer beneath the Property, and for a public park, as defined in 3.2.1.2, and for no other purposes, and restricting the location of improvements to be constructed on the Property by the City to the southerly portion of the property, which declaration shall be consistent with the Plan of Use of the Property developed by the City in consultation with Seller as provided in Section 3.2.1 above. 6.2.2.3 A grant of easement, in recordable form and reasonably approved by Seller, in favor of Knudeson, for the preservation of views from an existing residence located on Knudeson's real property commonly known as 13125 SW Bull Mountain Road toward the east. This easement shall be personal to Knudeson and remain in effect only while either Kim or Rebecca Knudeson is an owner of the property located at 13125 SW Bull Mountain Road and shall terminate on sale of that property by Knudeson or upon death of both Kim and Rebecca Knudeson. No building, structure, or vegetation that obscures the view shall be located in the northerly 150 feet of the property while Knudeson, or either of them, owns the 13125 SW Bull Mountain Road property. If City shall fail or refuse to take action to protect the view easement after 30 days' written notice from Knudeson, the parties agree to mediate before a mutually agreeable mediator. If a mediator cannot be agreed upon, the parties will use the US Arbitration & Mediation of Portland, Oregon. Costs of mediation shall be shared equally. If the mediation is unsuccessful, the parties may pursue all legal or equitable remedies. 6.2.2.4 A grant of access easement in favor of Knudeson's property for access to the rear or side yard of Knudeson's said property across the Property, provided however, the said access easement will not permit improvement by Knudeson of the easement area. This easement shall be personal to Knudeson and shall expire on sale of the Knudeson property by Knudeson or if by any other means neither Kim nor Rebecca Knudeson is an owner of the property. 6.2.2.5 Either proof of actual relocation, or assurances in a form and content satisfactory to Seller that relocation will occur, of a water meter serving Knudeson's said PURCHASE AND SALE AGREEMENT, PAGE 6 OF 11 C:\DOCUME--1\Cathy.000\LOCALS-1\Temp\Real Prop Agmt-Price Pur Agreement.doc property at 13125 SW Bull Mountain Road from its present location to an agreed location on the property served by such meter. 6.2.2.6 Approval by the City of the Plan of Use as set forth in Section 3.2 above. 6.2.2.7 Relocation of Knudeson's water meter to their adjoining property as agreed by Knudeson and City. 6.3 Closing Costs/ Prorations. City shall pay all closing costs, including escrow fees, the cost of recording the Deed, and the cost of an ALTA standard coverage owner's policy of title insurance. City shall pay the additional premium necessary for an ALTA extended coverage owner's policy of title insurance, if City shall desire such extended coverage, together with all other attendant costs for such extended coverage. City shall pay Washington County transfer taxes if applicable. Ad valorem and similar taxes and assessments relating to the Property shall be prorated between Seller and City as of the Closing Date, Seller being charged and credited for the same up to such date and City being charged and credited for the same on and after such date. If the actual amounts to be prorated are not known at the Closing Date, the prorations shall be computed on the basis of the evidence then available; when actual figures are available. 6.4 Authority Documents. City and Seller shall, if requested by the other party or the Escrow Agent, furnish satisfactory evidence of their authority to consummate the sale and purchase contemplated by this Agreement. 6.5 Possession. Seller shall deliver to City possession of the Property on the first full day after completion of the Closing. 7. Remedies. 7.1 Seller's Remedies. If City fails or refuses to perform any of its obligations under this Agreement for any reason other than failure of a condition precedent to occur or termination of this Agreement pursuant to Sections 3.1, 3.2, or 3.3, then Seller may terminate this Agreement by notifying City thereof, in which event neither party shall have any further rights or obligations hereunder, except that City shall pay Seller all legal costs and expenses as defined in Section 8.16, below, incurred by Seller. 7.2 City's Remedies. If Seller fails or refuses to perform any of its obligations udder this Agreement for any reason other than termination of this Agreement by City, then City may either: (i) terminate this Agreement by notifying Seller thereof and thereafter neither party hereto shall have any further rights or obligations hereunder; or (ii) City may seek any other rights, resources or remedies (including, without limitation, specific performance) available to City, such rights, remedies and resources hereunder to be cumulative, and not in exclusion of any other. 8. General Provisions. PURCHASE AND SALE AGREEMENT, PAGE 7 OF 11 CADOCUME--I\Cathy.000\LOCALS-I\Temp\Real Prop Agmt-Price Pur Agreement.doc 8.1 Time. TIME IS OF THE ESSENCE of this Agreement. 8.2 Full Authority. Subject to Section 3.3, each of the signatories to this Agreement represents and warrants that he/she has the full right, power, legal capacity and authority to enter into and perform his obligations hereunder and no approval or consents of any other person are necessary in connection herewith. 8.3 Negation of Agency and Partnership. Any agreement by either party to cooperate with the other in connection with any provision of this Agreement shall not be construed as making either party an agent or partner of the other party. 8.4 Applicable Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Oregon. 8.5 Statutory Disclaimer. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMITS LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. 8.6 Severability. If any provision of this Agreement shall be held to be void or invalid, the same shall not affect the remainder hereof which shall be effective as though the void or invalid provision had not been contained herein. 8.7 Modification or Amendments. No amendment, change or modification of this Agreement shall be valid, unless in writing and signed by all the parties hereto. 8.8 Waiver. Except as otherwise provided in this Agreement, failure of either party at any time to require performance of any provision of this Agreement shall not limit the party's right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision. 8.9 Assignment. City shall not assign its right, title and interest under this Agreement without the prior written consent of Seller, which consent shall not be unreasonably withheld by Seller; provided, however that no such consent shall release City from its obligations hereunder. 8.10 Successors and Assigns. Subject to the provisions of Section 8.9, this Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, legal representatives, successors and assigns, and the provisions of Sections 6.2.2.2, 6.2.2.3, 6.2.2.4 and 6.2.2.5 of this Agreement shall inure to the benefit of Knudeson and Knudeson's legal representatives, successors and assigns. PURCHASE AND SALE AGREEMENT, PAGE 8 OF 11 CADOC UME- I \Cathy. 000\LOCALS- I \Temp\Real Prop Agmt-Price Pur Agreement.doc 8.11 Notice. All notices required or provided under this Agreement shall be in writing. If mailed, notice shall be deemed effective forty-eight (48) hours after mailing as certified mail, postage prepaid, directed to the other party at the address set forth below or such other address as the party may indicate by written notice to the other as provided herein; notice given in any other manner shall be effective upon receipt by the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to the Seller: C. Elizabeth Price and Lee Goddard Squier 4875 SW 78th Avenue, No. 241 Portland, OR 97225 With a copy to: Robert T. Huston Cable Huston Benedict Haagensen & Lloyd LLP 1001 S W Fifth Avenue, Suite 2000 Portland, OR 97204-1136 If to the City: City of Tigard Attn: City Manager 13125 S W Hall Boulevard Tigard, OR 97223 With a copy to: Gary Firestone Ramis Crew Corrigan LLP 1727 N.W. Hoyt Street Portland, Oregon 97209 8.12 Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute but one and the same agreement. 8.13 Captions and Headings. The captions and headings of this Agreement are for convenience only and shall not be construed or referred to in resolving questions of interpretation or construction. 8.14 Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays and legal holidays in the State of Oregon, except that if the last day of any period falls on any Saturday, Sunday or such holiday, the period shall be extended to include the next day which is not a Saturday, Sunday or such holiday. 8.15 Commissions. Each party warrants that it has not utilized the services of an agent, broker or finder with regard to the transaction contemplated by this Agreement. Seller hereby agrees to defend, indemnify and hold harmless City, and City hereby agrees to defend, indemnify PURCHASE AND SALE AGREEMENT, PAGE 9 OF 11 CADOCUME-I\Cathy.000\LOCALS-1\Temp\Real Prop Agmt-Price Pur Agreement.doc and hold harmless Seller, from and against any claim by any third parties not named herein for brokerage, commission, finder's or other fees relating to this Agreement or the sale of the Property, and any court costs, attorney's fees or other costs or expenses arising therefrom, and alleged to be due by authorization of the indemnifying party. 8.16 Attorneys' Fees. If a suit, action, or other proceeding of any nature whatsoever (including any proceeding under the Bankruptcy laws of the United States) is instituted in connection with any controversy arising out of this Agreement, or to interpret or enforce its terms and provisions, the prevailing party shall be entitled to recover its attorneys', paralegals', accountants', and other experts' fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith, as determined by the court at trial or on any appeal or review, in addition to all other amounts provided by law. 8.17 Entire Agreement. This Agreement constitutes the entire agreement between and among the parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. EXECUTED as of the Effective Date. SELLER CITY: THE CITY OF TIGARD, an Oregon By: C. Elizabeth Price, Trustee of the ' municipal corporation Printed Name: - Residuary Trust and the Survivor's Trust under Price Family Living Title: Trust dated November 4, 1984 By: Printed Name Title: Lee Goddard Squier, Trustee of the Residuary Trust and the Survivor's Trust under Price Family Living Trust dated November 4, 1984 ACCEPTANCE BY TITLE COMPANY Ticor Title Insurance Company by its duly authorized signature below, agrees to accept this escrow on the terms and conditions of, and to comply with the instructions contained in, the foregoing Agreement. TICOR TITLE INSURANCE COMPANY By: Printed Name: Its: PURCHASE AND SALE AGREEMENT, PAGE 10 OF 11 CADOCUME-I\Cathy.000\LOCALS-1\Temp\Real Prop Agmt-Price Pur Agreement.doc EXHIBIT "A" Property Description The subject property is Parcel 2 of Partition Plat No. 2000-086, recorded as Document No. 2000094935, Washington County, Oregon. PURCHASE AND SALE AGREEMENT, PAGE 11 OF 11 C:\DOCUME-I\Cathy.000\LOCALS--I\Temp\Real Prop Agmt-Price Pur Agreement.doc AGENDA ITEM # FOR AGENDA OF 4/25/06 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Public Hearing (Quasi -Judicial) to Consider Annexation of Wilson Ridge No. 2 (ZCA2005-00005) PREPARED BY: Beth St. Amand DEPT HEAD OK ~C CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council approve annexation of 3.525 acres of land (Zone Change Annexation - ZCA2005-00005) located at SW Bull Mountain Road and SW 133`d Avenue? STAFF RECOMMENDATION Approval of Wilson Ridge No. 2 Annexation (Zone Change Annexation - ZCA2005-00005) by adoption of the attached ordinance. INFORMATION SUMMARY State law (ORS222) allows for a city to annex contiguous land when owners of real property in the territory to be annexed submit a petition to the legislative body of the city. The property owners of 13210 and 13280 SW Bull Mountain Road (WCTM 2S109AC, tax lots 1900 and 2000) have submitted a petition for annexation to the City. The proposed annexation consists of 3.5 acres, including portions of the SW Bull Mountain Road and SW 133rd Avenue rights-of-way. Twelve adjacent property owners received invitations to join the annexation; none responded. The proposed annexation territory (Wilson Ridge No. 2 Annexation) is contiguous to the City in three locations: on the site's west boundary abutting Wilson Ridge No. 1 subdivision, along the site's east boundary abutting Alberta Rider School, and along portions of the site's northern boundary where it abuts SW Foran Terrace and territory in the 2004 Alpine View annexation (ZCA2004-00002). The site is part of unincorporated Bull Mountain and the City's Urban Service Area; the provisions of the City of Tigard's Urban Service Agreement (TUSA) and the Urban Services Intergovernmental Agreement between Washington County and the City of Tigard apply. The applicable review criteria for this application are ORS Chapter 222; Metro Code Chapter 3.09; City of Tigard Comprehensive Plan Policies 2 and 10, and Community Development Code Chapters 18.320 and 18.390. Staff recommends that the Council find that the proposed annexation (ZCA2005-00005) meets all the approval criteria and recommends approval of ZCA2005-00005 by adoption of the attached ordinance. OTHER ALTERNATIVES CONSIDERED Not approving ZCA2005-00005 if it does not meet the applicable review criteria. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Growth and Growth Management, Goal #2: Urban services will be provided to all citizens within Tigard's urban growth boundary. ATTACHMENT LIST Attachment 1: An Ordinance Annexing 3.525 Acres, Approving Wilson Ridge No. 2 Annexation (ZCA2005-00005) and Withdrawing Property from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District. Exhibit A: Legal Description of Proposed Annexation Territory Exhibit B: Washington County Taxation and Assessment Map for Proposed Annexation Territory Exhibit C: Petition for, and Consent to, Annexation to the City of Tigard Exhibit D: Staff Report to the City Council Attachment 2: Site Map of Proposed Annexation Territory FISCAL NOTES If approved, the proposed annexation territory would not be transferred to the City's tax roll until July 1, 2007. Annexations must be final by March 31 of the same calendar year for the tax year beginning July 1. 0 TO THE C ","IL OF THE CITY OF TIGARD, OREGON: N We, the undeis'9ned owners of the N property described below andlor elector(s) residing at the referenced location(s) hereby petition tor; and o give consent to Annexation o said property to the City of Tigard. We understand that the City will review this re ues4 in accordance with ORS Chapter 22 and applicable r89Tonal and local lcies or to approving or denying the request for Annexation. 0 O CD LEGEND. PO - Property Owner RV - Registered Voter PAGE 1 OF i W OV - Property Owner & Re 'stared Voter r I AMA PROPERTY DESCRIPTION o SIGNATURE PRINTED NAME PO RV OV ADDRESS Township! Map Tax lot Prednd DATE Secdlon Number Number Number R tG k L - G i M.Ltnl X 132 5W $vLL . VJi Z. SI CR . AM 3q7 (?-21 -of ` r a t. 0.1 0- p C ktr4L L Li 4-1 r-n D• ks c•~1- c. errs 13210 SW L Wm ` Z Z 51 OR 2.cxp S? • O '*7 H rr . ty X n I:IcurplnWastersheviseftnxpain.ms1 15,Aug-02 EXHIBIT D Agenda Item: Hearin Date: Aril 25, 2006 Time: 7:30 PM STAFF REPORT TO THE 41 CITY COUNCIL = FOR THE CITY OF TIGARD, OREGON ' 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: WILSON RIDGE NO.2 ANNEXATION CASE NOS: Zone Change Annexation (ZCA) ZCA2005-00005 APPLICANT: Venture Properties, Inc. APPLICANT'S Alpha Community Development 4230 SW Galewood St. #100 REP: 9600 SW Oak St., #230 Lake Oswego, OR 97035 Portland, OR 97223 OWNER: Rick and Cheryl Gimlin OWNER: Douglas and Charlene Potter 13280.SW Bull Mountain Rd. 13210 SW Bull Mountain Rd. Tigard, OR 97224 Tigard, OR 97224 PROPOSAL: The applicant is requesting annexation of two (2) parcels containing 3.525 acres into the City of Tigard, including portions of the S Bull Mountain Road and SW 133rd Avenue rights-of-way. LOCATION: 13210 & 13280 SW Bull Mountain Road; WCTM 2S109AC, Tax Lots 1900 and 2000. The subject site is located south of Bull Mountain Road and east of SW 133rd Avenue. CURRENT ZONING DESIGNATION: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. EQUIVALENT CITY ZONING DESIGNATION: R-7: Medium-Density Residential District.. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. o WILSON RIDGE NO. 2 ANNEXATION PAGE 1 OF 9 ZCA2005-00005 APPLICABLE REVIEW CRITERIA: ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive Plan Policies 2 and 10, Community Development Code Chapters 18.320 and 18.390. SECTION II. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation (ZCA2005-00005) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive Plan Policies 2 and 10, Community Development Code Chapters 18.320 and 18.390. Therefore, staff recommends APPROVAL of ZCA2005-00005 by adoption of the attached ordinance. SECTION III. BACKGROUND INFORMATION Site Information: Located at the intersection of Bull Mountain Road and SW 133`d Avenue, the 3.525-acre subject site consists of two parcels and the adjacent rights-of-way on SW Bull Mountain Road and SW 133`d Avenue. It is contiguous to the City of Tigard on the site's west boundary abutting Wilson Ridge subdivision, along the site's east boundary abutting Alberta Rider School, and along portions of the site's northern boundary. The site is part of unincorporated Bull Mountain and the City's Urban Service Area; the provisions of the City of Tigard's Urban Service Agreement (TUSA) and the Urban Services Intergovernmental Agreement between Washington County and the City of Tigard apply. Three residential structures and associated outbuildings stand on the site, which has an approximate 4% slope. No sensitive lands or wetlands have been identified. The applicant requests annexation of the 3.525-acre site to the City of Tigard (WCTM 2S109AC, Tax Lots 1900 and 2000). The applicant also has submitted separately a land-use application for a 17-lot subdivision on the proposed annexation territory (SUB2005-00022). That application is a separate land-use decision with its own set of review criteria and will not be addressed in this report. SECTION IV. APPLICABLE REVIEW CRITERIA, FINDINGS AND CONCLUSIONS State: ORS Chapter 222 Regional: Metro Code Chapter 3.09 City: Comprehensive Plan Policies 2 and 10, Community Development Code Chapters 18.320 and 18.390. A. CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: 1. Chapter 18.320.020: Approval Process and Standards. B. Approval Criteria. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: 1. All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; and The City of Tigard Comprehensive Plan's Urbanization Chapter (Policy 10.1.1) defines "services" as water, sewer, drainage, streets, police, and fire protection. The proposed annexation territory is WILSON RIDGE NO.2 ANNEXATION PAGE 2 OF 9 ZCA2005-00005 currently zoned R-7, a medium-density single-family residential zone with a minimum residential lot size of 5,000 square feet. The proposed annexation territory would retain this zoning upon annexation. Water is available to the proposed annexation territory, both in the SW 133rd Avenue right-of-way and SW Bull Mountain Road, as indicated by the City's Public Works department. The nearest sanitary sewer line is an 8" line located to the south (Batterson Street). A storm drainage line is located in the SW Bull Mountain Road right-of-way, which is also part of the proposed annexation territory. For streets, the City's Transportation System Plan (TSP) standards apply. The proposed annexation territory is located at the intersection of SW Bull Mountain, which is designated a collector in the City's Transportation System Plan (TSP), and SW 133rd Avenue, which is designated a neighborhood route in the TSP. The City of Tigard departments of Public Works and Police have reviewed the annexation proposal and have not raised any objections or indicate that there would be a lack of service capacity for the proposed annexation territory or a significant reduction in existing City service levels. In addition, Tualatin Valley Fire and Rescue (TVF&R) reviewed and endorsed the proposal; TVF&R currently serves the proposed annexation territory. Based upon this review, staff finds that all public services (as defined by the Comprehensive Plan) are available to the proposed annexation territory and all public services have sufficient capacity to provide service to the proposed annexation territory 2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. Three Comprehensive Plan policies apply to proposed annexations: 2.1.1, 10.1.1., and 10.1.2. Staff has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: Policy 2.1.1: Citizen Involvement. The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. The City maintains an ongoing citizen involvement program. To assure citizens will be provided an opportunity to be involved in all phases of the planning process, the City provides notice for Type IV land-use applications. The City posted, mailed and published notice of the public hearing as follows. The City posted the hearing notice at four public places beginning February 13, 2006: Tigard Library, Tigard City Hall, Tigard Permit Center, and on the proposed annexation territory. The City published notice of the hearing in The Times for two successive weeks (April 6, 2006, and April 13, 2006,) prior to the April 25, 2006, public hearing. The City also mailed notice to all interested parties and surrounding property owners within 500 feet on April 3, 2006. In addition, the City maintains a list of interested parties organized by geography. Notice was mailed to interested parties in the West area on February 9, 2006, which includes former Citizen Involvement Team contacts and CPO 413, the citizen participation organization for the area. Staff fords that this policy is met. Policy 10.1.1: Urbanization. Prior to the annexation of land to the City of Tigard, a) the City shall review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard: 1. Water; 2. Sewer; 3. Drainage; 4. Streets; 5. Police; and 6. Fire Protection. WILSON RIDGE NO.2 ANNEXATION PAGE 3 OF 9 ZCA2005-00005 As addressed under 18.320.020 above, adequate service is available to the proposed annexation territory. The proposed annexation territory is currently zoned R-7, a medium-density single-family residential zone with a minimum residential lot size of 5,000 square feet. The proposed annexation territory would retain this zoning upon annexation. If developed to its designated capacity of 7 units per gross acre, the site could accommodate approximately 17 units, which would result in a net increase of 14 units total for the subject site. When the site develops, it will be required to connect to public service facilities, which this report has found to be available to the proposed annexation territory. As noted above, the applicant has submitted separately a 17-lot subdivision application for the proposed annexation territory and included a copy of those plans in the annexation submittal. The land-use review of SUB2005-00022 will review the subdivision proposal for specific service provisions and require additional facilities or upgrades as appropriate. Based on the proposed annexation territory's capacity, the City of Tigard departments of Public Works and Police have reviewed the annexation proposal and have not raised any objections or indicate that there would be a lack of service capacity for the proposed annexation territory or a significant reduction in existing City service levels. Tualatin Valley Fire and Rescue also reviewed the proposal and did not raise any objections or indicate that there would be a lack of service capacity for the proposed annexation territory. Staff finds that there is adequate capacity to serve the parcel (water, sewer, drainage, streets, police, fire protection) if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. b) If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following: 1. The formation of a local improvement district (L.I.D.) for any of the following services that could be provided through such a district. The extension or improvement of the following: a) Water, b) Sewer, c) Drainage, and d) Streets. 2. The formation of a special district for any of the above services or the inclusion of the property into a special service district for any of the above services. This criterion does not apply: No capital improvements program requires a nonremonstrance agreement for this area. Urban services are already available for the proposed annexation territory. Other public facility requirements will be provided as part of the subdivision review (SUB2005- 00022). c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within the Urban Growth Boundary upon annexation. The Tigard Urban Planning Area (as defined in the Washington County - Tigard Urban Planning Area Agreement, July 2004) includes the proposed annexation territory. The City is the designated urban services provider for the services defined in the Tigard Urban Service Agreement (2002) and subsequent operating agreements: police; parks, recreation and open space; roads and streets; sanitary sewer and storm water (through an operating agreement with CWS); and water service. Upon annexation, those services will be provided according to the City's current policies. Staff finds that this policy is met. Policy 10.1.2: Urbanization. Approval of proposed annexations of land by the City shall be based on findings with respect to the following: a) The annexation eliminates an existing "pocket" or "island" of unincorporated territory; or, b) The annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the City; c) The Police Department has commented upon the annexation; d) the land is located within the Tigard Area of Interest and is contiguous to the City boundary; e) The WILSON RIDGE NO.2 ANNEXATION PAGE 4 OF 9 ZCA2005-00005 annexation can be accommodated by the services listed in 10.1.1(a). The proposed annexation territory is contiguous to the City on the site's west boundary abutting Wilson Ridge subdivision, along the site's east boundary abutting Alberta Rider School, and along portions of the site's northern boundary where it abuts SW Foran Terrace and territory in the 2004 Alpine View annexation (ZCA2004-00002). The City annexed both the Wilson Ridge subdivision and Alberta Rider School in 2005; therefore, the proposed annexation would eliminate an existing pocket of unincorporated territory along the south side of SW Bull Mountain Road, approximately 485 feet in length. It will not create an irregular boundary. The City of Tigard Police Department has reviewed the proposed annexation and has no objections. The Washington County - Tigard Urban Planning Area Agreement quly 2004) includes the proposed annexation territory within its Area of Interest. Lastly, as section 10.1.1.(a) demonstrated, the annexation can be accommodated by the following services: water, sewer, drainage; streets; police; and fire protection. Therefore, staff finds that the proposed annexation meets Policy 10.1.2. Policy 10.1.3: Urbanization. Upon annexation of land into the City which carries a Washington County zoning designation, the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the county zoning designation. Washington County previously adopted City of Tigard zoning designations for unincorporated Bull Mountain due to the intergovernmental agreement in which Tigard performs building and development services on behalf of the County (adopted 1997; revised 2002). The proposed annexation territory's Washington County designation was R-6 and was converted to Tigard's R-7 (Table 320.1 summarizes the conversion of the County's plan and zoning designations). Therefore no changes are required in the zoning designations for the Plan Area, as the current designations reflect City of Tigard designations. TABLE 320.1 CONVERSION'TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGNATIONS \Vashington County Land Use City of Tigard Zoning City of Tigard Districts/Plan Designation Plan Designation R-5 Res. 5 units/acre R-4.5 SFR 7,500 sq. ft. Low density 1-5 traits/acre R-6 Res. 6 unitslacre R-7 SFR 5,000 sq. ft. Med. density 6-12 units/acre R-9 Res. 9 units/acre R-12 Multi-family 12 units/acre Med. density 6-12 units/acre R-12 Res. 12 unitslacre R-12 Multi-family 12 units/acre Med. density 6-12 units/acre R-15 Res. 15 rants/acre R-25 Multi-family 25 units/acre Medium-High density 13-25 units/acre R-24 Res. 24 unitslacres R-25 Multi-family 25 units/acre Medium-High density 13-25 units/acre Office Commercial C-P Commercial Professional CP Commercial Professional NC Neighborhood Commercial CN Neighborhood Commercial CN Neighborhood Commercial CBD Commercial Business CBD Commercial Business CBD Commercial Business District District District GC General Commercial CG General Commercial CG General Commercial IND Industrial I-L Light Industrial Light Industrial■ Chapter 18.320.020 C. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the City's zoning district which most closely implements the City's or County's comprehensive plan map WILSON RIDGE NO.2 ANNEXATION PAGE 5 OF 9 ZCA2005-00005 designation. The assignment of these designations shall occur automatically and concurrently with the annexation. In the case of land which carries County designations, the City shall convert the County's comprehensive plan map and zoning designations to the City designations which are the most similar. A zone change is required if the applicant requests a comprehensive plan map and/or zoning map designation other than the existing designations. (See Chapter 18.380). A request for a zone change can be processed concurrently with an annexation application or after the annexation has been approved. As the previous section demonstrated, no changes are required in the zoning designations for the Plan- Area, as the current designations reflect City of Tigard designations. City of Tigard Community Development Code 2. Chapter 18.390.060: Type IV Procedure Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the Community Development Code (Title 18) using standards of approval contained in 18.390.020(B), which were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an annexation. It also requires the City to provide notice at least 10 days prior to the hearing by mail and to publish newspaper notice; the City mailed notice on April 3, 2006, and published public notice in The Times for two successive weeks (April 6, 2006, and April 13, 2006,) prior to the April 25, 2006, public hearing. Additionally, Chapter 18.390.060 sets forth five decision-making considerations for a Type IV decision: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; The City's Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission to be in compliance with state planning goals. As reviewed above, the annexation proposal meets the existing Comprehensive Plan policies and therefore is in compliance with state planning goals. 2. Any federal or state statutes or regulations found applicable; ORS 222: State law (ORS222) allows for a city to annex contiguous land when owners of real property in the territory to be annexed submit a petition to the legislative body of the city. ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and provide public notice to be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period. The property owners of 13210 and 13280 SW Bull Mountain Road (WCTM 2S109AC, tax lots 1900 and 2000) have submitted a petition for annexation to the City. The proposed annexation territory (Wilson Ridge No. 2 Annexation) is contiguous to the City in three locations: on the site's west boundary abutting Wilson Ridge subdivision, along the site's east boundary abutting Alberta Rider School, and along portions of the site's northern boundary where it abuts SW Foran Terrace and territory in the 2004 Alpine View annexation (ZCA2004-00002). The City published public notice in The Times for two successive weeks (April 6, 2006, and April 13, 2006,) prior to the April 25, 2006, public hearing and posted the hearing notice at four public places beginning February 13, 2006: Tigard Library, Tigard City Hall, Tigard Permit Center, and on the proposed annexation territory. Staff finds that the provisions of ORS222.120 have been met. 3. Any applicable METRO regulations; Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be addressed in annexation decisions, in addition to local and state review standards. Note that the report is available 15 days before the hearing (April 10, 2006, for an April 25, 2005, hearing). Staff has determined that the applicable METRO regulations (Metro Code 3.09.040(h) &(d)) have been met based on the following findings: WILSON RIDGE NO.2 ANNEXATION PAGE 6 OF 9 ZCA2005-00005 Metro 3.09.040 (b) (b) Not later than 15 days prior to the date set for a change decision, the approving entity shall make available to the public a report that addresses the criteria in subsections (d) and (g) below, and that includes at a minimum the following: (1) The extent to which urban services presently are available to serve the affected territory including any extra territorial extensions of service; As addressed previously in this report, urban services are available to serve the affected territory. (2) A description of how the proposed boundary change complies with any urban service provider agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary parries; As addressed previously in this report, the annexation proposal complies with all applicable provisions of urban service provider agreements (Washington County- Tigard Urban Planning Area Agreement, July 2004; and Tigard Urban Service Agreement (2002)). (3) A description of how the proposed boundary change is consistent with the comprehensive land use plans, public facility plans, regional framework and functional plans, regional urban growth goals and objectives, urban planning agreements and similar agreements of the affected entity and of all necessary parties; As addressed previously in this report, the annexation proposal complies with all applicable policies of the City of Tigard Comprehensive Plan and urban service provider agreements (Washington County -Tigard Urban Planning Area Agreement, July 2004; and Tigard Urban Service Agreement (2002)). The proposed annexation territory is within the Urban Growth Boundary and subject to the Regional Framework Plan and Urban Growth Management Functional Plan provisions. There are no specific applicable standards or criteria for boundary changes in the Regional Framework Plan or the Urban Growth Management Functional Plan. However, the City's Comprehensive Plan and Development Code have been amended to comply with Metro functional plan requirements. By complying with the Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. (4) Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary parry; and The area remains within Washington County but will require the territory to be withdrawn from the boundary of the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District upon completion of the annexation. (5) The proposed effective date of the decision. The public hearing will take place April 25, 2006. If the Council adopts findings to approve ZCA2005-00005, the effective date of the annexation will be May 25, 2006. Metro Code 3.09.040 (d) (d) An approving entity's final decision on a boundary change shall include findings and conclusions addressing the following criteria: 1. Consistency with directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; The Tigard Urban Service Agreement (2002) includes the proposed annexation territory. The agreement specifies notice requirements for land use planning actions; the City provided notice of the proposed annexation to all applicable parties. The agreement states that the County and City will be supportive of annexations to the City, and the City shall endeavor to annex the Bull Mountain area in the near to mid-term. The annexation proposal is consistent with this agreement. WILSON RIDGE NO.2 ANNEXATION PAGE 7 OF 9 ZCA2005-00005 2. Consistency with directly applicable provisions of urban planning or other agreements, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party; The Wlarhington County -Tigard Urban Planning Area Agreement Quly 2004) includes the proposed annexation territory. The City has followed all processing and notice requirements in the UPAA, providing Washington County with 45-day notice prior to the public hearing. The agreement states that "so that all properties within the Tigard Urban Service Area will be served by the City, the County and City will be supportive of annexations to the City." The City also provided notice to the affected CPO (CP04B) per the agreement. The annexation proposal is consistent with this agreement. 3. Consistency with specific directly applicable standards or criteria for boundary changes contained in comprehensive land use plans and public facility plans; As previously stated in this report, this proposal meets all applicable City of Tigard Comprehensive Plan provisions. This criterion is satisfied. 4. Consistency with specific directly applicable standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plan; This criterion was addressed under 3.09.040(b). By complying with the City of Tigard Community Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. 5. Whether the proposed change will promote or not interfere with the timely, orderly and economic provisions of public facilities and services; The proposed annexation will not interfere with the provision of public facilities or services because it is consistent with the terms of the Tigard Urban Senice Agreement (2002), which ensures the timely, orderly, and efficient extension of public facilities and urban services; it is adjacent to existing city limits and services; and lastly, urban services are available to the proposed annexation territory and have not been found to significantly reduce existing service levels. 6. The territory lies within the Urban Growth Boundary; and The subject territory is already within Metro's Urban Growth Boundary. 7. Consistency with other applicable criteria for the boundary change in question under state and local law. In previous sections, this report reviewed the proposal's consistency with other applicable criteria and found it to be consistent. (Tigard CDC 19.390.060) 4. Any applicable comprehensive plan policies; and As demonstrated in previous sections of this report, the proposed annexation is consistent with, and meets, all applicable comprehensive plan policies. 5. Any applicable provisions of the City's implementing ordinances. There are no specific implementing ordinances that apply to this proposed annexation. Chapter 18 of the City Code will apply to development of the property. WILSON RIDGE NO. 2 ANNEXATION PAGE 8 OF 9 ZCA2005-00005 SECTION VII. OTHER STAFF COMMENTS The City of Tigard Police and Public Works departments have reviewed the proposal and have no objections to it. The Public Works department noted that water will be provided by lines in Bull Mountain Road. SECTION VIII. AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed and endorsed this annexation proposal. Tualatin Hills Park and Recreation District, Clean Water Services, Metro, the Tigard/Tualatin School District, Metro Area Communications and the Washington County Department of Land Use and Transportation were provided the opportunity to review this proposal and submitted no comments or objections. 'Zy'o, & 'LAil 10 4~ - 1.0 `'06-72 PREPARED BY: Beth St. Amand DATE e . r Planner ~-6 REVIE ED BY: Richard Bewers r DATE Planning Manag WILSON RIDGE NO.2 ANNEXATION PAGE 9 OF 9 ZCA2005-00005 N H z w w ..an.,..,a a.o,.. ALPINE VIEW P VICINITY MAP ~ ALP ICA2005-00005 WILSON RIDGE NO. 2 _ - - - - SUBDIVISION ANNEXATION s~ BI I ST r-n: ml: 6f n~FD LV4Mt1 J. P G RHETT N 9 199 m9 1119 c..1 A~ 1 33] 1am9 9C, F < Ll City of Tigard Inf-anon on this map is br9anard bc,69, w1yand sAouM be aodMd eN Na Oasabpmam S-Anes Ohbbn. ' 13105 510 M11 91W rp,rd, OR 9)003 r (500)6]9.1171 rap ~a....a a9ardar.m Community Development Plot date: Mar 30, 2006; C:lmagic\MAGIC03.APR AGENDA ITEM No. 8 Date: April 25, 2006 PUBLIC HEARING (QUASI-JUDICIAL) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING (QUASI-JUDICIAL) TO CONSIDER ANNEXATION OF WILSON RIDGE NO.2 (ZCA2005-00005) REQUEST: The applicant is requesting annexation of two (2) parcels containing 3.5 acres into the City of Tigard, including portions of the SW Bull Mountain Road and the SW 133rd Avenue right-of-way. LOCATION: 13210 & 13280 SW Bull Mountain Road; WCTM 2S109AC, Tax Lots 1900 and 2000. The subject site is located south of SW Bull Mountain Road and east of SW 133rd Avenue. ZONE: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are set out in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter 3.09. 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. Due to Time Constraints City Council May Impose A Time Limit on Testimony i:ladmtcathy> sign uplagenda item 8 - wilson ridge annexation.doc AGENDA ITEM NO.8 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. 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. Proponent (Speaking in Favor) Opponent (Speaking Against) Neutral NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE Please Print Please Print Please Print Name: M ~ (20121()500 Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address 20" C -r6M Address Address City o ZL^-N o City City State 09 Zip '112M-41776 State Zip State Zip Phone No. '505. 121. S7-6q Phone No. Phone No. Name: Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address Address City City City State Zip State Zip State Zip Phone No. Phone No. Phone No. AGENDA ITEM NO. 8 i:tadmtcathya= sign uplagenda item 8 - wiLson ridge annexagon.doc Wilson Ridge No. 2 Agenda Item #8 - April 25, 2006 Statement by City Attorney - Quasi-Judicial Land Use Hearing Procedures A copy of the rules of procedure for today's hearing is available at the entrance. The staff report on this hearing has been available for viewing and downloading on the City's website and a paper copy of the staff report has been available in the Tigard Public Library for the last seven days. The Council's role in this hearing is to make a land use decision under existing laws. The Council cannot change the law for the land use application now under consideration. Any person may offer testimony. Please wait until you are asked to speak by the Mayor and try to limit your remarks to the application standards for the application. Members of the City Council will be asked whether they have any conflicts of interest. If a Council member has an actual conflict, the Council member will not participate. Council members must declare any contacts about this case with a member of the public. Council members must also declare if they have independent knowledge of relevant facts, such as from a visit to the site in question. A Council member who describes ex parte contacts or independent information may still participate in the decision. After the discussion of conflicts and ex parte contacts, any person may challenge the participation of a Council member or rebut any statements made. The Council member in question may respond to such a challenge. Tonight, City staff will summarize the written staff report. Then the parties requesting annexation and those in favor of the proposal testify. Next witnesses who oppose the application or who have questions or concerns testify. If there is opposition or if there are questions, the proponents can respond to them. The Council members also may ask the staff and the witnesses questions throughout the hearing until the record closes. After all testimony is taken, including any rebuttal, the proponents can make a closing statement. After the record is closed, the City Council will deliberate about what to do with the application. During deliberations, the City Council may re-open the public portion of the hearing if necessary to receive additional evidence before making a decision. You may testify orally or in writing before the close of the public record to preserve your right to appeal the Council's decision to the Land Use Board of Appeals. You should to raise an issue clearly enough so that Council understands and can address the issue precludes an appeal on that issue. Please do not repeat testimony offered by yourself or earlier witnesses. If you agree with the statement of an earlier witness, please just state that and add any additional points of your own. Please refrain from disruptive demonstrations. Comments from the audience will not be part of the record. The point is, come to the microphone to get your comments on the tape, otherwise, they won't be preserved for appeal. When you are called to testify, please come forward to the table. Please begin your testimony by giving your name, spelling your last name, and give your full mailing address including zip code. If you represent someone else, please say so. If you have any exhibits you want us to consider, such as a copy of your testimony, photographs, petitions, or other documents or physical evidence, at the close of your comments you must hand all new exhibits to the City Recorder who will mark these exhibits as part of the record. The City staff will keep exhibits until appeal opportunities expire, and then you can ask them to return your exhibits. iAadm\cathytccMquasi judicial rules of procedureVules of procedure - city attomy co statement - #8 wilson ridge no. 2.doc Agenda Item # , Meeting Date April 25, 2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Finalization of Sanitary Sewer Reimbursement District No. 33 (SW Walnut Street) n~ ,UA Prepared By: G. Berry-8 Dept Head Okay "1 ° City Mgr Okay ISSUE BEFORE THE COUNCIL AND KEY FACTS Finalize Sewer Reimbursement District No. 33, established to construct sanitary sewers in SW Walnut Street. • City Council established Reimbursement District No. 33 to provide sewer service to five lots on SW Walnut Street. • Construction of the project has been completed, final costs have been determined and the City Engineer's Report has been revised accordingly. • If City Council approves the Final City Engineer's Report, the owners within the district will be allowed to connect to the sewer upon payment of a reimbursement fee required by the Final City Engineer's Report. STAFF RECOMMENDATION Approve, by motion, the proposed resolution finalizing Reimbursement District No. 33 as modified by the Final City Engineer's Report. KEY FACTS AND INFORMATION SUMMARY Council approved the formation of Reimbursement District No. 33 by Resolution No. 04-91 on November 23, 2004 following an informational hearing. No public testimony was offered during the hearing. Since then, construction of the improvements has been completed and final costs have been determined. The City Engineer's Report has been revised accordingly. This Reimbursement District installed sewer service to five lots on SW Walnut Street between SW 124' and 134' Avenues. The work was completed as part of a Major Streets Transportation Improvement Program project to improve Walnut Street between SW 12151 and 135`'' Avenues through an agreement with Washington County approved by Council on February 10, 2004. The property owners must reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each property owner must pay a connection fee, currently $2,635, and is responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. The connection fee is expected to be increased beginning July 1, 2006. The sewer connections are available should property owners need to connect. Owners will not be required to pay any fee until they connect to the sewer. Each owner has been notified of the hearing by mail. The notice, mailing list and additional details are included in the City Engineer's Report attached as Exhibit A to the proposed resolution. If Council approves this request to finalize the Reimbursement District, owners within the district will be notified that the sewer is available for connection. OTHER ALTERNATIVES CONSIDERED None. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT The project is part of the Citywide Sewer Extension Program established by City Council to provide sewer service to developed but unserved residential areas in the City. It meets the Tigard Beyond Tomorrow Growth and Growth Management goal of "Growth will be managed to protect the character and livability of established areas, protect the natural environment and provide open space throughout the community." Sewer service enhances the environment and protects the health of the residents by providing for the closure of septic systems 40 to 50 years old. ATTACHMENT LIST Attachment 1- Proposed Resolution Exhibit A, City Engineer's Report Exhibit B, Map Attachment 2- Resolution No. 04-91 with Exhibits A, B (6 pages) Attachment 3- Vicinity Map Attachment 4- Communication Plan Attachment 5- Notice to Owners Attachment 6- Mailing List Attachment 7- Resolution No. 01-46 Attachment 8- Resolution No. 03-55 FISCAL NOTES The construction was completed at a cost equal to the bid amount of $50,311.06. The total project cost, including the cost of construction plus an amount for administration and engineering as defined in TMC 13.09.040(1) is $57,103.05. The portion of the final cost assigned to each owner is tabulated in Exhibit A of the attached proposed resolution. The cost to each owner under the Incentive Program established by Resolution 01-46 is also shown. Funding is by unrestricted sanitary sewer funds. is\eng\2005.20061y dp\walnut street - phase 3 (by county)\reimbursement district 33- alnut street\aty coundl\fina6zation\425-06 reim dirt 33 ais rl.doc WALNUT STREET Reimbursement District No. 33 Cost to Property Owners Based on Final Project Cost Summary March 13, 2006 Final Construction Cost $50,311.06 13.5% Admin & Engineering $6,791.99 total project costs $57,103.05 total area to be served (S.F.) 258,864 total cost per S.F. to property owner $0.22059093 I:\ENG\2005-2006 FY CIP\Walnut Street - Phase 3 (by County)\Reimbursement district 33-Walnut street\CITY COUNCIBliinalization\ Walnut Reimb Dist No. 33-final cost.xls 3/13/2006 Page 4 of 4 WALNUT STREET SANITARY SEWER IMPROVEMENTS REIMBURSEMENT DISTRICT #33 N A PORTION OF THE NE 1 /4 OF SECTION 4 T2S R1 W W.M. 1 ~ P LMARIECT wq N N W a ALNUT ST x EXHIBIT B CITY OF TIGARD, OREGON Attachment 2 RES OLUTION NO. 04- q, A RESOLUTION ESTABLISHING SANITARY SEWER RERVMURSEMENT DISTRICT NO. 33 (SW WALNUT STREET) WHEREAS, the City has initiated the Neighborhood Sewer Extension Program to extend public sewers and recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, these property owners have been notified of a public hearing in accordance with TMC 13.09.060 and a public hearing was conducted in accordance with TMC 13.09.050; and WHEREAS, the City Engineer has submitted a report describing the improvements, the area to be included in the Reimbursement District, the estimated costs, a method for spreading the cost among the parcels within the District, and a recommendation for an annual fee adjustment; and WHEREAS, the City Council has determined that the formation of a Reimbursement District as recommended by the City Engineer is appropriate. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1 The City Engineer's report titled "Sanitary Sewer Reimbursement District No. 33", attached hereto as Exlubit A, is hereby approved. SECTION 2 A Reimbursement District is hereby established in accordance with TMC'Chapter 13.09. The District shall be the area shown and described on Exhibit B. The District shall be known as "Sanitary Sewer Reimbursement District No. 33, SW Walnut Street." SECTION 3 Payment of the reimbursement fee as shown in Exhibit A is a precondition of receiving City permits applicable to development of each parcel within the Reimbursement District as provided for in TMC 13.09.110. SECTION 4 . An annual fee adjustment, at a rate recommended by the Finance Director, shall be applied to the Reimbursement Fee. SECTION 5 The City Recorder. shall cause a copy of this resolution to be filed in the office of the County Recorder and shall mail a copy of this resolution to all affected property owners at their last known address, in accordance with TMC 13.09.090.. SECTION 6. This resolution is effective upon passage. PASSED: This day of _kavginb0- 2004. Mayor -City of Tigard ATTEST: C& Recorder - City of Tigard apcA RESOLUTION NO.04-4' Page 1 Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 33 (SW Walnut Street) Background This project will be constructed and funded under the City of Tigard Neighborhood Sewer Extension Program (NSEP). Under the program the City of Tigard would install public sewers to each lot within the project area. At the time the property owner connects to the sewer, the owner would pay a connection fee, currently $2,535, and reimburse the City for a fair share of the cost of the public sewer. There is no requirement to connect to the sewer or pay any fee until connection is made. In addition, property owners are responsible for disconnecting their existing septic system according-to Washington County rules and for any other modifications necessary to connect to the public sewer. Proiect Area - Zone of Benefit . An existing line in SW Walnut Street will be extended east of SW 134th Avenue to serve three lots and west from SW 124th Avenue to serve two lots as shown on Exhibit Map B. Cost The estimated cost for the sanitary sewer construction to provide service to the five lots is $42,036. Engineering and inspection fees amount to $5,675 (13.51/6) as defined in TMC 13.09.040(1). The estimated total project cost is $47,711. This is the estimated amount that should be reimbursed to the sanitary sewer fund as properties connect to the sewer and pay their fair share of the total amount. However, the actual amount that each property owner pays is subject to the City's incentive program for early connections. In addition to sharing the cost of the public sewer line, each property owner will be. required to pay an additional $2,535 connection and inspection fee when connection to the public line is made. All owners will be responsible for all plumbing costs required for work done on private property. Reimbursement Rate All properties are zoned R-4.5 but vary in lot size from 14,000 to 93,000 square feet as can be seen in the following list of lots. Therefore, it is recommended that the total cost of this, portion of the project be divided among the five properties proportional to the square footage of each property. Engineer's Report - Reimbursement District No.33 - Walnut Street Page 1 of 4 Other reimbursement methods include dividing the cost equally among the owners or by the length of frontage of each property. These methods are not. recommended because there is no correlation between these methods and the cost of providing service to each lot or the benefit to each lot. Each property owner's estimated fair share of the public sewer line is $0.184 per square foot of lot served. Each owner's fair share would be limited to $6,000 to the extent that it does not exceed $15,000, for connections completed within three years of City Council approval of the final City Engineer's Report following construction in accordance with Resolution 01-46 (attached). In addition to paying for the first $6,000, owners will remain responsible for paying all actual costs that exceed $15,000. Upon request, payment of costs that exceed $15,000 may be deferred until the lot is developed as provided by Resolution 03-55 (attached). Annual Fee Adiustment TMC 13.09.115 states that an annual percentage rate shall be applied to each property owner's fair share of the sewer line costs on the anniversary date of the reimbursement agreement. The Finance Director has set the annual interest rate at 6.05% as stated in City of Tigard Resolution No. 98-22. Recommendation It is recommended that a reimbursement district be formed with an annual fee increase as indicated above and that the reimbursement district continue for fifteen years as provided in the Tigard Municipal Code (TMC) 13.09.110(5). Fifteen years after the formation of the reimbursement district, properties connecting to the sewer would no longer be required to pay the reimbursement fee. Submitted November 9, 2004 Ag s in P. Duenas, P.E. City 'Engineer I:Wn012004.2DDS fy dp%walnut stmet -phase 3 (by cowt#m1mbursement dlstdet 33-walnut streetlclty mundAfomt2t1on111.23.04 relm dlst 33 report app a.doc Engineer's Report - Reimbursement District No.33 - Walnut Street Page 2 of 4 WALNUT STREET Reimbursement District No. 33 Preliminary Cost to Property Owners November 9, 2004 ESTIMATED OWNER SITE ADDRESS TAX LOT ID AREA (S.F.) COST TO PAID BY PAID BY CITY PROPERTY OWNER OWNER 1 LEARY, KATHLEEN JOAN 13320 SW WALNUT 2S104AC10900 92561.8754 $17,060 $8,060 $9,000 2 HELM, LAVELLE I TRUSTEE 13280 SW WALNUT 2S104A000200 93389.39123 $17,212 $8,212 $9,000 3 WEINANDY, MICHAEL C & DONAHUE, MARY 13300 SW WALNUT 2S104AC10800 44903.06836 $8,276 $6,000 $2,276 4 TRIGG, CHARLES L 12570 SW WALNUT 2S104AD04000 13790.93808 $2,542 $2,542 $0 5 CARLTON, MARK M & DEMELLO, BRENDA 12600 SW WALNUT 2S104AD03900 14218.40744 $2,621 $2,621 $0 Totals 258864 $47,711 $27,435 $20,276 1AENG12004-2005 FY CIPIWalnut Street- Phase 3 (by County)IRelmbursement district 33-Walnut street\ClTY COUNCUFORMATIONI Walnut Reimb Dist No. 33.x1s 11/912004 Page 3 of 4 WALNUT STREET Reimbursement District No. 33 Preliminary Cost to Property Owners Summary November 9, 2004 Estimated Construction Cost $36,553 15% contingency (construction) $5,483 Estimated construction subtotal $42,036 13.5% contingency (Admin & Eng) $5,675 total project costs $47,711 total area to be served (S.F.) 258,864 total cost per S.F. to property owner $0.18430860 IAENG12004-2005 FY CIPXwalnut Street- Phase 3 (by County)IRelmbursement district 33-Walnut streetlCITY COUNCILTORMATIOM Walnut Reimb Dist No. 33xis 111912004 Page 4 of 4 S T R c F-' T DkSTRtC-~ #33 TS RE RO~EMEN ~Ep110N 4 ~ . SEWER ~M E t4 4 Of SAN1T AR - pop"T jON OF .T a A ti N a z cy ~y4. MARIE CT 1 ST N A~NUT WA NUT T I t .Q 0 r ~t V 1 Attachment 3 WALNUT STREET SANITARY SEWER IMPROVEMENTS REIMBURSEMENT DISTRICT #33 N A PORTION OF THE NE 1 /4 OF SECTION 4 T2S R1 W W.M. MARIE CT W ~ N Wq NUT a sT = ao N W a LNUT ST x VICINITY MAP Communications Plan Attachment 4 Sanitary Sewer Reimbursement District No. 33 (SW Walnut Street) Goal: Construction of a Sanitary Sewer Extension for Reimbursement District No. 33. Timeline: FY 04-05 Construction Season. Communication Goal: To communicate to property owners within the Sanitary Sewer Reimbursement District, the estimated cost of connecting to the public sanitary sewer line, the construction schedule, and final cost for the Reimbursement District. Date Item Description Responsibility Explain Program to Reimbursement Engineering 3/18/04 General Meeting District property owners proposed for Manager FY04-05 9/9/04 Neighborhood Meeting Mail Meeting Notice to property owners Engineering Notice within the Reimbursement District No. 32 Clerical Services Events Calendar Post Meeting on Web Page Events Engineering Calendar Clerical Services Meet with property owners to review Engineering 9/22/04 Neighborhood Meeting estimated costs and construction activity. Manager Consultant 11/8/04 Hearing Notice Mail Notice of formation of Reimbursement Engineering District to Property Owners Clerical Services 11/23/04 Formation Hearin City Council reviews and forms proposed g Sanita Sewer District City Engineer 12/4/04 Notice of Decision Mail Notice of Decision to property owners Engineering within District Clerical Services Lateral Locations Confirm with property owners location of Inspector laterals Construction Notice Hang Construction Notice on doorknobs of Inspector property impacted b project Contractor Construction Inspection Inspector is available to receive and Inspector respond to complaints 0 Notice to property Send hearing notice, Resolution, property Project Engineer owners of final hearing owner cost to each property owner. Engineering Clerical Services Send approved Resolution with final costs Project Engineer Final Notice to each property owner Engineering Clerical Services Prepared by: G. N. Berry Approved by: P• dl~.s~• a--r iAt4V\2004-2005 ty dpk' lntA street - (by mumy)veimbursemerd Ostrict 31wainL4 gmde ccly comdNrn aWnkt 1-23-04 mim list 33 commwrwuuns plan.doc April 10, 2006 Attachment 5 NOTICE of PUBLIC HEARING Tuesday, April 25, 2006 7:30 PM Tigard Civic Center Town Hall The following will be considered by the Tigard City Council on April 25, 2006 at 7:30 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.105 of the Tigard Municipal Code. Further information may be obtained from the Engineering Department at 13125 SW Hall Blvd., Tigard, OR 97223, or by calling 503 718-2468. INFORMATIONAL PUBLIC HEARING: FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 33 (SW Walnut Street). The Tigard City Council will conduct a public hearing to hear testimony on the finalization of Sanitary Sewer Reimbursement District No. 33 formed to install sewers in SW Walnut Street. Each property owner's recommended fair share of the public sewer line is $0.220591 per square foot of the lot served as shown on the enclosed list. For owners with a fair share amount of $15,000 or less, the owner's fair share would be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report following construction in accordance with Resolution No. 01- 46. In addition to paying for the first $6,000, owners will remain responsible for paying actual costs that exceed $15,000. Upon request, payment of costs that exceed $15,000 may be deferred until the lot is developed as provided by Resolution No. 03-55. I:\eng\2005-2006 ty cip\walnut street - phase 3 (by county)\reimbursement district 33- alnut street\city council\(nalization\4-25-06 reim dist 33 notice Mac Attachment 5 April 10, 2006 NOTICE of PUBLIC HEARING Tuesday, April 25, 2006 7:30 PM Tigard Civic Center Town Hall The following will be considered by the Tigard City Council on April 25, 2006 at 7:30 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.105 of the Tigard Municipal Code. Further information may be obtained from the Engineering Department at 13125 SW Hall Blvd., Tigard, OR 97223, or by calling 503 718-2468. INFORMATIONAL PUBLIC HEARING: FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 33 (SW Walnut Street). The Tigard City Council will conduct a public hearing to hear testimony on the finalization of Sanitary Sewer Reimbursement District No. 33 formed to install sewers in SW Walnut Street. Each property owner's recommended fair share of the public sewer line is $0.220591 per square foot of the lot served as shown on the enclosed list. For owners with a fair share amount of $15,000 or less, the owner's fair share would be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report following construction in accordance with Resolution No. 01- 46. In addition to paying for the first $6,000, owners will remain responsible for paying actual costs that exceed $15,000. Upon request, payment of costs that exceed $15,000 may be deferred until the lot is developed as provided by Resolution No. 03-55. I:\eng\2005-2006 ty cip\walnut street - phase 3 (by county)\reimbursement district 33-walnut street\city council\finalization\4-25-06 reim chat 33 notice 3.coc 2S104AD-03900 CARLTON MARK M & BRENDA G Attachment 6 12600 SW WALNUT ST TIGARD, OR 97223 2S104AC-00200 PACIFIC NORTHWEST LAND DEVELOPME 13280 SW WALNUT ST TIGARD, OR 97223 2S104AD-04000 TRIGG CHARLES L 12570 SW WALNUT TIGARD, OR 97223 2S104AC-10800 WEINANDY MICHAEL C & DONAHUE MARY KATHLEEN 13300 SW WALNUT ST TIGARD, OR 97223 2S104AC-10900 ZECHMANN BARBARA JUNE & LEARY DAVID UKATHLEEN J 10020 SW JOHNSON ST TIGARD, OR 97223 Attachment 7 CITY OF TIGARD, OREGON RESOLUTION NO. 01- 41(0 A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 98-51 to encourage owners to connect to public sewer. The program was offered for a two-year period after which the program would be evaluated for continuation; and WHEREAS, on September 26, 2000, the City Council extended The Neighborhood Sewer Reimbursement District Incentive Program an additional two years through Resolution No. 00-60; and WHEREAS, City Council finds that residential areas that remain without sewer service should be provided with service within five years; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners to promptly connect to sewers once service is available and that owners who have paid for service provided by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District Incentive Program is hereby repealed. SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer Extension Program. This incentive program shall apply to sewer connections provided through the sewer reimbursement districts shown on the attached Table 1 or established thereafter. All connections qualifying under this program must be completed within three years after Council approval of the final City Engineer's Report following a public hearing conducted in accordance with TMC Section 13.09.105 or by two years from the date this resolution is passed, which ever is later, as shown on the attached Table 1. SECTION 3: To the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single family residential shall not exceed $6,000 per connection, provided that the lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. This applies only to the reimbursement fee for the sewer installation and not to the connection fee, which is still payable upon application for RESOLUTION NO.01 4( Page 1 sewer connection. SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions of this incentive program. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is entitled to reimbursement from the City. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. The Finance Director shall make payment to all persons entitled to the refund no later than August 31, 2001. SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer Reimbursement District Program, shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection. EFFECTIVE DATE: July 10, 2001 blh- .PASSED: This ~ d - day of 2001. ayor Ci of and ATTEST: Qjy-Recorder - City of 'hgard 1ACitywide\Res\Reso1ution Revising the Neighborhood Sewer Incentive Program RESOLUTION NO. 01-±& Page 2 TABLE 1 Reimbursement Districts with Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIGARD ST.No.8 5,193 No reimbursement available FAIRHAVEN ST/WYNo.9 4,506 No reimbursement available HILLVIEW ST No.11 8,000 July 11, 2003 106TH & JOHNSON No.12 5,598 No reimbursement available 1007" & INEZ No.13 8.000 July 11,2003 WALNUT & TIEDEMAN No.14 8,000 July 11,2003 BEVELAND&HERMOSA No. 15 5,036 No reimbursement available DELMONTE No.16 8,000 July 11,2003 O'MARA No.17 8,000 July 11,2003 WALNUT & 121' No. 18 - Amount to be reimbursed will be Throo years from service availability ROSE VISTA No.20 determined once final costs are determined. Currently being constructed Attachment 8 CITY OF TIGARD, OREGON RESOLUTION NO. 03-55 A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO.01- 46). WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on July 10, 2001, the City Council established the Revised and Enhanced Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 01-46 to encourage owners to connect to public sewer within three-years following construction of sewers; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners of large lots to promptly connect to sewers once service is available. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: In addition to the incentives provided by Resolution No. 01-46, any person whose reimbursement fee exceeds $15,000 and wishes to connect a single family home or duplex to a sewer constructed through a reimbursement district may defer payment of the portion of the reimbursement fee that exceeds $15,000, as required by Section 3 of Resolution No. 0146, until the lot is partitioned or otherwise developed in accordance with a land use permit. The land use permit shall not be issued until payment of the deferred amount is made. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payment of this deferred amount. SECTION 2: Lots that qualify under Section 1, within reimbursement districts that have exceeded the three-year period for connection, and have not connected to sewer can connect the existing structure, pay a reimbursement fee of $6,000, and defer payment of the portion of the reimbursement fee that exceeds $15,000 if connection to the sewer is completed within one year after the effective date of this resolution. SECTION 3: Vacant lots improved with a single family home or duplex during the term of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, pay $6,000 if the fee exceeds that amount, and may defer payment of the portion of the reimbursement fee that exceeds $15,000 as provided by Section 1. SECTION 4: Vacant lots that are partitioned, subdivided, or otherwise developed during the life of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, shall pay a reimbursement fee of $6,000, and shall pay any amount due over $15,000 at the time of development. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payments made under this section. SECTION 5: The owner of any lot for which deferred payment is requested must enter into an agreement with the City, on a form prepared by the City Engineer, acknowledging the RESOLUTION NO.03- 55 Page 1 owner's and owner's successors obligation to pay the deferred amount as described in Section 1. The City Recorder shall cause the agreement to be filed in the office of the County Recorder to provide notice to potential purchasers of the lot. The recording will not create a lien. Failure to make such a recording shall not affect the obligation to pay the deferred amount. SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the portion of the reimbursement fee in excess of $15,000 is entitled to reimbursement for that amount from the City upon request. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. Any person requesting a refund must sign an agreement similar to that described in Section 5 acknowledging the obligation to pay the refunded amount upon partitioning or developing the lot. SECTION 7: The Sanitary Sewer Fund continues to remain the funding source for the Neighborhood Sewer Reimbursement District Program and shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection and for any deferred payment permitted by this resolution. SECTION 8: This resolution is effective immediately upon passage. PASSED: This 7 - day of Q~,+o~ 2003. Craig E. Dirksen, Council President ATTEST: City Recorder - City of Tigardv 1:'--r"MMmimeurs=eM d[SUlaSUWIS~ n3 res 01.16 aug 2e 09bd 14 03 counanloi{-m adanwn to m Ire resxbc RESOLUTION NO. 03- ,5 Page 2 AGENDA ITEM No. 11 Date: April 25, 2006 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: City Council will Consider Finalizing Sanitary Sewer Reimbursement District No. 33 (SW Walnut Street) 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. 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. Due to Time Constraints City Council May Impose A Time Limit on Testimony i:tadmtcathytccs sign uptagenda item 11 - 060425.dm AGENDA ITEM NO. 11 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. 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. Proponent (Speaking in Favor) Opponent (Speaking Against) Neutral NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE. NAME, ADDRESS & PHONE Please Print Please Print Please Print Name: Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address City City Address State Zip State Zip City Phone No. Phone No. State Zip Phone No. Name: Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address City City Address State Zip State Zip City Phone No. Phone No. State Zip Phone No. 0admlcathy%0cs sign uplagenda item 11 - 060425.doc