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City Council Packet - 05/27/2008
City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 TIGARD CITY COUNCIL MEETING May 27, 2008 COUNCIL MEETING WILL BE TELEVISED I:\Ofs\Don na's\Ccpkt3 Phone: 503.639.4171 Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 PUBLIC HEARING ITEM: The following will be considered by the Tigard City Council on Tuesday May 27, 2008 at 7:30 PM at the Tigard Civic Center COMMUNITY -Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Public oral or written testimony is invited. The public hear- ing on this matter will be held under Title 18 and rules of procedure adopted by the Council and available at City Hall or the rules of 6605 SE Lake Road, Portland, OR 97222 • PO procedure set forth in Section 18.390.060E. Further informa- Box 370 • Beaverton, OR 97075 tion may be obtained from the Planning Division (Staff contact: Phone: 503-684-0360 Fax: 503-620-3433 Emily Eng) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or Email: by calling at 503.639.4171. ZONE CHANGE ANNEXATION legaladvertising@commnewspapers.com (ZCA) 2008-00002 - PHELPS ANNEXATION - REQUEST: Annexation of two (2) parcels on SW 153rd Avenue (Tax Lot 1000) and SW Sunrise Lane (Tax Lot 600) totaling 5.82 acres to the City right-of- AFFIDAVIT OF PUBLICATION of Tigard. In addition, the City proposes to include the right-of- way on SW 153rd Avenue from the point adjoining Tax Lot 1000 State of Oregon, County of Washington, SS , to the r yht-of--way on SW Bull Mountain Road. The rio-t-of-way adjoining Tax Lot 600 on SW Sunrise Lane is already within I, Charlotte Allsop, being the first duly sworn, the City's boundary. All owners of the subject parcels have con- depose and say that I am the Accounting sented to the annexation. Both parcels are contiguous to the City. Manager of The Times (serving Tigard, LOCATION: 15305 SW 153rd Avenue and 15110 SW Sunrise Lane; Washington County Tax Map (WCTM) 2S108AB, Tax Lot Tualatin & Sherwood), a newspaper of 1000, and WCTM 2S105DC, Tax Lot 600. COUNTY ZONE: general circulation, published at Beaverton, in R-6 District (Residential 6 Units Per Acre). The purpose of the the aforesaid county and state, as defined by Washington County R-6 District is to implement the policies of the ORS 193.010 and 193.020, that Comprehensive Plan for areas designated for residential develop- ment at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section City of Tigard 303-6. The intent of the R-6 District is to provide the opportunity Notice of Public Hearing for more flexibility in development than is allowed in the R-5 TT11128 District. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached A copy of which is hereto annexed, was single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a mini- published in the entire issue of said mum lot size of 10,000 square feet. Mobile home parks and sub- newspaper for divisions are also permitted outright. Some civic and institutional 2 uses are also permitted conditionally. APPLICABLE REVIEW Successive and consecutive weeks in the CRITERIA: The approval standards for annexations are described following issues in Community Development Code Chapters 18.320 and 18.390, May 8, 2008 Comprehensive Plan (updated version) Goal 1. 1, Goal 11.1 (Policy Y 4), and Goal 11.3 (Policy 6); Comprehensive Plan (non-updated May 15, 2008 version) Policy 10.1; ORS Chapter 222; and Metro Code Chapter 3.09. All documents and applicable criteria in the above-noted file C Cow are available for inspection at no cost or copies can be obtained for V twenty-five cents (25¢) per page, or the'current rate charged for Charlotte Allsop (Accounting M Hager) copies at the time of the request. At least fifteen (15) days prior to the hearing, a copy of the staff report will be available for inspec- tion at no cost, or a copy can be obtained for twenty-five cents (25¢) per page, or the current rate charged for copies at the time Subscribed and sworn to before me this of the request. Information is also available by contacting the staff May 15, 2 8 contact listed above. Publish 5/8, 5/15/2008. TT 11128. NOTARY PUBLIC FOR O O i r My commission expires Acct #10093001 1 Proposed Pro Patty Lunsford to be Annexed City of Tigard C' Bounds 13125 SW Hall Blvd P Tigard, OR 97223 Size 2 x 10.5 Proposed Pight4ft to be Annexed Amount Due 350.70 I H 'remit to address above " VN S N C UN a z I N>prrrwr ar[wa rremw I t 'w+nttnww .,naam pawm Crmat/Dntbanat P4tE~k~!47mItGYrdpCWI4W7/PR City of Tigard 07, Tigard Business Meeting - Agenda TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) flit MEETING DATE: May 27, 2008 MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7.30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (I'DD - Telecommunications Devices for the Deaf). CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 3:00 p.m. Friday 10:00 p.m. Monday 6:00 a.m. SEE ATTACHED AGENDA TIGARD CITY COUNCIL/LCRB/ AGENDA - May 27, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 1 of4 City of Tigard Tigard Business Meeting - Agenda TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: May 27, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:301'M • STUDY SESSION ➢ TIGARD MUNCIPAL COURT ANNUAL REPORT ■ Staff Report: Administration Department ➢ APPOINTMENT OF AD-HOC CITIZEN ADVISORY COMMITTEES ■ Staff Report: Community Development Department ➢ NAMING LIBRARY PAVILION ■ Staff Report: Administration Department • E1Z'ECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - 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 TIGARD CITY COUNCIL/LCRB/ AGENDA - May 27, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 2 of4 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard Area Chamber of Commerce Representative • Citizen Communication - Sign Up Sheet • Follow-up to Previous Citizen Communication 3. CONSENT AGENDA: (Tigard City Council and City Center Development Agency) These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve City Council Minutes for March 11, 2008 3.2 Local Contract Review Board: a. Approve Contract Amendment No. 1 for Right-of-Way Acquisition Services for the SW Burnham Street Improvement Project • Consent Agenda - Items Removed for Soarate Discussion: Any items requested to be tvmoved from the Consent Agenda for separate discussion will be considered immediately after the Council/ City Center Development Agency has voted on those items which do not need discussion. 4. QUASI-JUDICIAL PUBLIC HEARING - PHELPS ANNEXZATION (ZCA 2008-00002) REQUEST: Annexation of two (2) parcels on SW 153 d Avenue (Tax Lot 1000) and SW Sunrise Lane (Tax Lot 600) totalingg 5.82 acres to the City of Tigard. In addition, the City proposes to include the right-of-way on SW 153`d Avenue from the point adjoining Tax Lot 1000 to the right-of- way on SW Bull Mountain Road. The right-of-way adjoining Tax Lot 600 on SW Sunrise Lane is already within the City's boundary. All owners of the subject parcels have consented to the annexation. Both parcels are contiguous to the City. LOCATION: 15305 SW 153`d Avenue and 15110 SW Sunrise Lane; Washington County Tax Map (WCTM) 2S108AB, Tax Lot 1000, and WCTM 2S105DC, Tax Lot 600. COUNTY ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached smi le- farr ily 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 described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan (updated version) Goal 1.1, Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6); Comprehensive Plan (non-updated version) Policy 10.1; ORS Chapter 222; and Metro Code Chapter 3.09. TIGARD CITY COUNCIL/LCRB/ AGENDA - May 27, 2008 Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 3 of4 a. Open Public Hearing - Mayor b. Statement by City Attorney Regarding Procedure C. Declarations or Challenges - Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? - Have all members familiarized themselves with the application? - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? d. Staff Report: Community Development Department e. Public Testimony - Proponents Applicant Other Proponents - Opponents - Rebuttal/Final argument by applicant f. Staff Recommendation g. Close Public Hearing h. Council Discussion and Consideration: Ordinance No. 08- 5. CONSIDER RESOLUTION URGING LEGISLATIVE REVIEW OF CERTAIN PORTIONS OF RECENTLY ADOPTED ETHICS LAWS • Staff Report: Administration Department • Council Consideration: Resolution No. 08- 6. CONSIDER AMENDING THE PROCEDURES FOR NOMINATION OF MAYOR AND CITY COUNCIL CANDIDATES • Staff Report: Administration Department • Council Consideration: Ordinance No. 08- , Resolution No. 08- and Resolution No. 08- 7. COUNCIL LIAISON REPORTS 8. NON-AGENDA ITEMS 9. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 10. ADJOURNMENT 1 AADM\Cathy\CCA\2008\080527 busincssRdoc TIGARD CITY COUNCIL/LCRB/ AGENDA - May 27, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 4 of4 Agenda Item No. Council Meeting of 7. Q a OV n City of Tigard Tigard Business Meeting - Minutes TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE/TIME: May 27,2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 • STUDY SESSION Council President Sherwood called the meeting to order at 6:30 p.m. City Council roll call: Name Present Absent Mayor Dirksen ✓ Councilor Buehner ✓ Councilor Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ Staff Present: City Manager Prosser, City Attorney Ramis, Assistant Community Development Director Bunch, Assistant City Manager Newton, Public Works Director Koellermeier, Associate Planner Wyss, City Recorder Wheatley Track 1 ➢ NAMING LIBRARY PAVILION Discussion on this agenda item occurred after the business meeting concluded. See Page 9. Track 2 ➢ ADMINISTRATIVE ITEMS: o Phelps Annexation Public Hearing Agenda Item No. 4: ■ City Council received written testimony from Christine and David Dunn. ■ City Council received a corrected legal description for the proposed annexation. o Property purchase approval to be scheduled for City Council consideration (see Non Agenda Item No. 8). o Council compensation was added as a discussion topic to the June 3, 2008, City Council Special Meeting Agenda. City Council received information from staff regarding this topic; this information is on file in the City Recorder's office. o Assistant City Manager Newton reviewed a proposed change to the City's stationery. City Council consensus was to go ahead with the stationery update. ➢ TIGARD MUNCIPAL COURT ANNUAL REPORT Municipal Judge O'Brien and Administrative Services Manager presented the report to the City Council. The PowerPoint presentation for this item is on file in the City Recorder's office. TIGARD CITY COUNCIL/LCRB/ MINUTES - MAY 279 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page I of 10 Discussion followed after the presentation. Highlights are listed below: o In response to a question from Councilor Woodruff, Judge O'Brien indicated adding a criminal court service to the City of Tigard municipal court is a policy choice of the City Council. He said he is very interested in it because he would like the professional challenge to develop a court that would be responsive to the community and to the enforcement priorities. Judge O'Brien said he understands some of the City officials' anxieties because of some the expenses involved both for the Police Department and the Municipal Court Councilor Sherwood commented regarding the recent review by the Budget Committee and the request for more research before a decision is made Municipal Court is poised to go forward if the policy decision is made to go forward with the criminal court. An additional .5 or .6 FIE would be needed for court, depending on what happens with caseload, including the Commercial Crimes Unit. More discussion followed on a potential criminal court in Tigard including what to expect with financial impacts. Administrative Services Manager, during discussion on jury trials, advised that jury trials do not represent a high percentage of cases heard in criminal court For example, in Lake Oswego, there are less than a dozen jury trials per year. • EXECUTIVE SESSION: The Tigard City Council went in to Executive Session at 6:55 p.m. under ORS 192.660 (2) (e) to discuss real property transaction negotiation. The Executive Session concluded at 7 p.m. and the City Council resumed its Study Session. ➢ APPOINTMENT OF AD-HOC CITIZEN ADVISORY COMMITTEES Assistant Community Development Director Bunch presented the staff report; a copy is on file in the City Recorder's office. The staff proposal was to advocate using a more efficient solicitation and appointment process for short-term ad-hoc citizen advisory committees. Staff also recommended maintaining the existing process for ongoing boards and commissions and short-term committees identified by City Council at the time of creation. Assistant Community Development Director Bunch reviewed the proposed solicitation and appointment process for ad-hoc committees. City Council discussion followed and the City Council decided it needed to discuss this matter more fully at a workshop meeting. Some of the preliminary concerns of the City Council members included the following. o If the process now in place for selecting Committee members was not used, would the members feel less connected to the City Council? o The value of the interview process of potential Committee members so that the City Council understands the individual viewpoints of the Committee members. o The value of assuring that various interests are represented on Committees. o The value of a general call for volunteers from the Community. o City Council would like to know what the Citizens for Community Involvement thinks about the proposal for ad-hoc committee appointments. Study Session concluded at 7:24 p.m. TIGARD CITY COUNCIL/LCRB/ MINUTES - MAY 272 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 2 of 10 1. BUSINESS MEETING 1.1 Council President Sherwood called the meeting to order at 7:31:41 PM 1.2 Roll Call: Name Present Absent Mayor Dirksen ✓ Councilor Buchner ✓ Councilor Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: ■ City Manager Prosser announced the addition of a Non-Agenda Item regarding the consideration of a property purchase. Also, there is a carry-over of a Study Session discussion item: "Naming Library Pavilion" that will be held after the conclusion of the City Council business meeting 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard Area Chamber of Commerce President Marjorie Meeks updated the City Council on recent Chamber events: ■ Executive Director Jeremy Monlux resigned. ■ The Shining Stars Banquet was a success. ■ The Annual Meeting will be held June 17 at which time a new Chamber Board will be elected. 7:35:00 PNI ■ The Chamber directory will be published in August • Citizen Communication - Sign Up Sheet JC Sherman, 10832 SW Kable Street, Tigard, OR said he was representing his neighbor and fellow business owner in the community for Kim's Embroidery. This business is being heavily affected by the Burnham Street project Mr. Sherman said that this business has asked the City for a proposal regarding their driveway without their rights being given to Verizon. He said there has been a lack of communication and noted there is also a language bander. Mr. Sherman asked the City Council to postpone any judgment on the Burnham Street project until this business receives communication and given due process of the application for the City to build the center median on Burnham Street. The median will limit the truck traffic accessing their business thereby hurting the business. Mr. Sherman alleged that Mrs. Matsumoto has been pressured by City representatives to sign paperwork, which would allow the Verizon access superseding access to the Kim's Embroidery driveway. Councilor Buchner noted her surprise at Mr. Sherman's comments because Kim Embroidery representatives were before the City Council a few weeks ago and talked to Council and staff for about 20 minutes. The representative from Verizon was also here for the discussion. TIGARD CITY COUNCIL/LCRB/ MINUTES - MAY 272 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 3 of 10 City Manager Prosser noted the information that Mr. Sherman is presenting today is not his understanding of what has occurred. City Manager Prosser said he would talk with staff to determine the status as he understood an amicable agreement was being reached. However, if people are feeling pressured, he was greatly concerned. He will talk to staff and get back to Mr. Sherman and asked that Mr. Sherman leave his contact information. Councilor Woodruff also advised no action will be taken on this project in the immediate future. He reiterated that the City Council had heard from staff that there was conversation after the meeting with the parties and City Council that an agreement was being reached that was acceptable to everyone. Council President Sherwood also asked Mr. Sherman if he would be available to help with the language barrier that would be appreciated. Mr. Sherman said he would assist • Follow-up to Previous Citizen Communication City Manager Prosser noted a gentleman had appeared before the City Council at the last business meeting regarding concern with the closure of the Barrows Road Bridge. Staff is continuing to look into this matter and will get information to the City Council about the status. 7:42:17 I'M Council President Sherwood reviewed the proposed Consent Agenda: 3. CONSENT AGENDA: 3.1 Approve City Council Minutes for March 11, 2008 3.2 Local Contract Review Board: a. Approve Contract Amendment No. 1 for Right-of-Way Acquisition Services for the SW Burnham Street Improvement Project It was clarified that Item 3.2a is for consultant services. Motion by Councilor Wilson, seconded by Councilor Buehner, to approve the Consent Agenda. The motion was approved by a unanimous vote of City Council present Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 4. QUASI-JUDICIAL PUBLIC HEARING - PHELPS ANNEXATION (ZCA 2008-00002) REQUEST: Annexation of two (2) parcels on SW 153`d Avenue (Tax Lot 1000) and SW Sunrise Lane (Tax Lot 600 totaling 5.82 acres to the City of Tigard. In addition, the City proposes to include the right- of-way on S 153` Avenue from the point adjoining Tax Lot 1000 to the right-of-way on SW Bull Mountain Road. The right-of-way adjom* m Tax Lot 600 on SW Sunrise Lane is already within the City's boundary. All owners of the subject parcels have consented to the annexation. Both parcels are contiguous to the City. TIGARD CITY COUNCIL/LCRB/ MINUTES - MAY 272 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 4 of 10 LOCATION: 15305 SW 153`d Avenue and 15110 SW Sunrise Lane; Washington County Tax Map (WCTM) 2S108AB, Tax Lot 1000, and WCTM 2S105DC, Tax Lot 600. COUNTY ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of o Tig d 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 described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan (updated version) Goal 1. 1, Goal 11.1 (Policy 4), and Goal 11 3 (Policy 6); Comprehensive Plan (non-updated version) Policy 10.1; ORS Chapter 222; and Metro Code Chapter 3.09. a. Council President Sherwood opened the public hearing. b. City Attorney Ramis read a statement regarding procedures for the hearing. 7:47:30 I'M C. Declarations or Challenges - Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? ■ Councilor Buehner said she was very familiar with the site - Have all members familiarized themselves with the application? ■ City Council members present indicated they were familiar with the application. - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? ■ There were no challenges from the audience. d. Staff Report: Community Development Department Associate Planner Eng presented the staff report; a copy of which is on file in the City Recorder's office. She noted written testimony had been received and included with the Council record on this matter. Associate Planner Eng reported a corrected legal description had been distributed to the Council. Areas of City Council discussion and requests for clarification included the following: o Limited access to the property to be annexed was noted. o When and if developed, the primary access will be required to be developed to City standards if the contiguous right of way is included in the annexation proposal. o The County was notified of this annexation proposal and did not comment. e. Public Testimony Opponents: TIGARD CITY COUNCIL/LCRB/ MINUTES - MAY 272 2008 Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page S of 10 T5&12 I'M o Jim Willis, 15285 SW Bull Mountain Road, Tigard OR 97224 provided a written copy of their testimony; a copy of this testimony is on file in the City Recorder's office. Mr. and Mrs. Willis do not object to the annexation of the Phelps property; however, they do object to the annexation of the right of way of 153`d Avenue. Council discussion followed about the future of SW 153`d whether it was left in the County or annexed to the City. Councilor Buchner advised there would be little difference between the City or County regulations regarding this street should development occur. In response to questions from Councilor Woodruff, Mr. Phelps advised his annexation request was voluntary; he wanted to become a part of the City since it was the right thing to do since he uses City services and, therefore, should pay City taxes. He noted his appreciation for the incentive to annex with the three-year phase-in of City taxes. He referred to the attempt to incorporate a City on Bull Mountain and said this effort did not make sense to him. He added that he wants to vote on City of Tigard issues and pointed out that if everyone on Bull Mountain joined the City, they would have a powerful vote on City matters. Mr. Phelps advised that he saw no downside with regard to the 153`d right of way being annexed. 8:13:28 PM f. Council President Sherwood closed the public hearing g. Council consideration: Councilor Buchner and Councilor Wilson supported the annexation including the 153`d Avenue right of way. Councilor Woodruff supported the annexation but noted he was a little concerned with the irregular boundary of the property. Councilor Wilson added that he was pleased that this annexation was not prompted because the property owner wanted to develop the land; it was nice to see an annexation request under these circumstances. Council President Sherwood noted the City's efforts to solicit voluntary annexations and that the City of Tigard welcomes properties. She said she did struggle somewhat with the annexation of the right of way but finally concluded that she would rather see the road eventually develop to City of Tigard standards when the area develops. Motion by Councilor Buchner, seconded by Councilor Woodruff, to adopt Ordinance No. 08-05. ORDINANCE NO. 08-05 - AN ORDINANCE ANNEXING 4.12 ACRES OF LAND, INCLUDING ONE (1) PARCEL AND RIGHT OF WAY, APPROVING THE PHELPS ANNEXTION (ZCA2008-00002) AND WITHDRAWING PROERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND AWASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT. The motion was approved by a unanimous vote of Council present. TIGARD CITY COUNCIL/LCRB/ MINUTES - MAY 27, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 6 of 10 Councilor Buchner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 8:18:54 I'M 5. CONSIDER RESOLUTION URGING LEGISLATIVE REVIEW OF CERTAIN PORTIONS OF RECENTLY ADOPTED ETHICS LAWS City Manager Prosser reviewed the staff report, which included the key issues with the new state ethics laws. The State of Oregon recently appointed a task force to review these laws because of widespread concern and resignations of local elected officials. The proposed resolution officially states the City of Tigard's position. There was brief discussion about the City Council members' support for review of the overreaching legislation and new ethics laws. Council members do not object to the reporting requirements; however, one of the main objections is listing all relatives' personal information and publishing this on the Internet whether they live with the City or not. This could also represent a disincentive for good, quality citizens to be willing to participate in local government. 8:24:291114 Motion by Councilor Woodruff, seconded by Councilor Wilson, to adopt Resolution No. 08-23. RESOLUTION NO. 08-23 - A RESOLUTION URGING LEGISLATIVE REVIEW OF CERTAIN PROVISIONS OF RECENTLY ADOPTED ETHICS LAWS The motion was approved by a unanimous vote of Council present Councilor Buchner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 8:25:101114 6. CONSIDER AMENDING THE PROCEDURES FOR NOMINATION OF MAYOR AND CITY COUNCIL CANDIDATES City Recorder Wheatley presented the staff report, which outlined the proposals and requested City Council action measures to amend the procedures for nomination of Mayor and City Councilor candidates. Council President Sherwood noted she served on the Council Service Task Force, which recommended these changes to the nomination process. The Task Force concluded that the collection of 200+ signatures was burdensome and of limited value. Council members commented on the signature gathering process noting that it appeared to busy work; however, it did test to some extent a person's commitment for seeking local office. Council was interested to learn that there are a variety of nomination procedures for cities' mayors and council members throughout the state. The proposed nomination procedures amendment still requires a show of commitment and forethought by potential candidates. City Recorder Wheatley noted the ordinance contains an emergency clause because city councilor filings can begin June 4, 2008. TIGARD CITY COUNCIL/LCRB/ MINUTES - MAY 272 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 7 of 10 8:31:51 Pi\1 Motion by Councilor Buchner, seconded by Councilor Woodruff, to adopt Ordinance No. 08-06. ORDINANCE NO. 08-06 - AN ORDINANCE AMENDING TIGRD MUNICIPAL CODE SECTION 2.40, NOMINATING PROCEDURE, AND DECLARING AN EMERGENCY The motion was approved by a unanimous vote of Council present. Councilor Buchner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes Motion by Councilor Woodruff, seconded'by Councilor Wilson, to adopt Resolution No. 08-24. RESOLUTION NO. 08-24 - A RESOLUTION APPROVING THE NOTIFICATION OF NOMINATION AND ACCEPTANCE OF NOMINATION FORM AS SET FORTH BY ORDINANCE NO. 08-24 (TIGARD MUNICIPAL CODE 2.40.020) The motion was approved by a unanimous vote of Council present Councilor Buchner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes Motion by Councilor Buchner, seconded Councilor Woodruff, to adopt Resolution 08-25. RESOLUTION NO. 08-25 - A RESOLUTION AMENDING RESOLUTION NO. 07-35, MASTER FEES AND CHARGES TO ADD A FEE UPON FILING A NOMINATION PETITION TO AN ELECTIVE CITY OFFICE PURSUANT TO THE TIGARD MUNICIPAL CODE SECTOIN 2.40.010(3) The motion was approved by a unanimous vote of Council present Councilor Buchner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 7. COUNCIL LIAISON REPORTS: None 8:35:03 I'M 8. NON-AGENDA ITEMS ➢ Loucks/Burton Property Purchase TIGARD CITY COUNCIL/LCRB/ MINUTES - MAY 272 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 8 of 10 City Manager Prosser presented the staff report. The Loucks-Burton property is located behind the recently purchased Shaltz house along Fanno Creek. Late last year, the owners expressed an interest in selling the .52-acre property to the City. Given the proximity to other City property and Fanno Creek Park, the Council directed staff to pursue the property purchase. Negotiations with the sellers are complete. To finalize the purchase, the City Council needs so authorize. The current property owners may stay on the property for 60 days rent free. Motion by Councilor Buehner, seconded by Councilor Woodruff, to approve the purchase of the Loucks- Burton property, located at 13337 SW Hall Boulevard, Tigard, OR for a purchase price of $269,250 and authorizing the City Manager to execute the purchase. The motion was approved by a unanimous vote of Council present Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes 8:38:49 I'M ➢ Naming the Library Pavilion City Manager Prosser presented the information on this matter. A memorandum from Bill Monahan to Public Works Director Koellermeier dated march 30, 2008, was distributed to the City Council. A copy of this memorandum is on file in the City Recorder's office. The proposal is to name the shelter at Fanno Creek on the Tigard Library site for "Muhammad Saili and the Samarinda/Bahkpapan, Indonesian Resource Cities Partnerships." City Manager Prosser noted that the City of Samarinda has a conference room in its City Hall, which is known as the "Tigard Room." City Manager Prosser also said Mr. Monahan had contacted Mr. Saili's family; they were thrilled about the possibility of the pavilion being named in memory of Mr. Saili. The City of Samarinda is still very interested in establishing a partnership with Tigard. City Manager Prosser said the partnership would likely be much more limited than when it was under the ICMA auspices. We would need to look for donations or grants to move forward. Some of the unfinished work included interest between Tigard and Samarinda schools to establish virtual classroom connections. City Manager Prosser advised that Mayor Dirksen had indicated an interested in both the naming of the pavilion and pursuing reestablishment of a partnership between Tigard and Samarinda. City Council members indicated an interest in naming the pavilion in memory of Mr. Saili. Councilor Wilson suggested a plaque be displayed at the pavilion explaining its name and little bit about the partnership. Council President Sherwood said this was an enjoyable experience during her service on the City Council. She noted not only did she learn about Indonesian culture but "in a chaotic world, this is one of the ways you start piece ...you start it one small project, one small plaque, one small visit at a time..." City Manager Prosser said this item would come back as a resolution for City Council consideration. TIGARD CITY COUNCIL/LCRB/ MINUTES - MAY 275 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 9 of 10 9. EXECUTIVE SESSION: Not held. 8:46:47 PNI 10. ADJOURNMENT Motion by Councilor Woodruff, seconded by Councilor Wilson, to adjourn the meeting. The motion was approved by a unanimous vote of Council present Councilor Buehner Yes Councilor Wilson Yes Councilor Sherwood Yes Councilor Woodruff Yes Oat, ~.e Catherine Wheatley, City Recorder Attest: r Mayor, ity of Tigard Date: I:\ADM\Cathy\CCM\2008\080527 Bnal.doc TIGARD CITY COUNCIL/LCRB/ MINUTES - MAY 27, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 10 of 10 Agenda Item # s~ua~y fe s S/a/) Meeting Date May 27, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Study Session on Appointment of ad-hoc Citizen Advisory Committees Prepared By: Ron Bunch Dept Head Approval: 1~~ City Mgr Approval: ISSUE BEFORE THE COUNCIL Should Council employ a different process to select and appoint Citizen Advisory Committees (CACs) for limited duration planning and other projects? STAFF RECOMMENDATION It is recommended that Council adopt an alternative process that is staff initiated, with final approvals by City Council, for the selection and appointment of short-term Citizen Advisory Committees (CACs). It is also recommended to maintain the existing process for ongoing boards and commissions and short-term committees identified by Council at the time of creation. KEY FACTS AND INFORMATION SUMMARY One of Council's long range planning objectives is that "Tigard's citizens are involved in the community and participate effectively." Staff proposes using a more efficient solicitation and appointment process for ad-hoc Citizen Advisory Committees (CAC's) that would better accomplish this objective than the current process of committee formation. The current process to appoint CACs, regardless of their duration, involves a long period of advertising/solicitation, candidate selection, Council interviews, official appointment, and dissolution. It takes many weeks, and sometimes months, for this to happen. This process is appropriate for standing advisory boards and committees, such as the Planning Commission, Parks Board, and the Committee for Citizen Involvement (CCI), or for ad-hoc committees dealing with certain high interest issues. However, a quicker, more efficient process is needed to appoint ad-hoc CACs and sunset them when the task is complete. This is especially important when the City has a number of projects underway or planned that require citizen input. It is proposed that the solicitation and appointment process for ad-hoc committee's be as follows: 1. Staff advises Council that the formation of an ad-hoc CAC is needed via a Council meeting consent agenda. Notice to Council includes a purpose and charge statement with a sunset clause, stakeholder groups to be represented, and meeting protocols; 2. Subsequently, staff solicits and chooses qualified CAC members and submits names for Council approval, also through the consent agenda process. I:\LRPI N\Council Materials\2008\5-27-08 AIS,rGM CAC study session discussion.doc 1 If Council wishes, it can decide to change the nature or direction of the CAC appointment process in one or both of the above steps. For example, Council may decide that a proposed CAC is of such importance that Council interviews are necessary or that specific stakeholder groups require representation. Other important features of this proposal are that it saves Council time and effort by removing the interview process. A more timely response to citizens interested in civic participation would also result. Staff believes a more flexible, efficient CAC appointment process could encourage more citizen involvement in important City issues. OTHER ALTERNATIVES CONSIDERED • Provide staff specific direction to modify its proposal for an alternative ad-hoc CAC appointment process. • Retain the current process for ad-hoc CACs and not consider an alternative appointment process. CITY COUNCIL GOALS 4. Promote and honor good citizenship in Tigard. ATTACHMENT LIST Not Applicable FISCAL NOTES r Not Applicable 1:\LRPLN\Council Materials\2008\5-27-08 AIS TGM CAC study session discussion.doc 2 City of Tigard Study Session - Agenda Fig V, r~z' M TIGARD CITY COUNCIL LOCAL CONTRACT REVIEW BOARD (LCRB) CITY CENTER DEVELOPMENT AGENCY (CODA) MEETING DATE/TIME: May 27, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • STUDY SESSION ➢ TIGARD MUNICIPAL COURT ANNUAL REPORT ■ Staff Report: Administration Department ➢ APPOINTMENT OF AD-HOC CITIZEN ADN71SORY COMMITTEES ■ Staff Report: Community Development Department ➢ NAMING LIBRARY PAVILION • Staff Report: Administration Department • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660(2) (e) and to discuss real property transaction negotiation.. 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 o Agenda Item No. 4 - Phelps Annexation Public Hearing. Attached is written testimony received from Christine and David Dunn. Also attached is a corrected legal description (one page showing the City Council where the change was made and the second page showing the new Exhibit A as it will be attached to the ordinance if adopted by the City Council). o Non-Agenda Item added: Property Purchase Approval o Discussion topic regarding Council Compensation was added to the June 3, 2008, City Council Special Meeting Agenda. Attached is some research regarding how to implement the payment to the Mayor or Council President and some of the determinations City Council might want to consider. o Discussion topic: City stationery Council Calendar: 29 Thursday Joint Meeting with Tigard-Tualatin School Board and Tualatin City Council - 8650 SW Tualatin Road, Tualatin Oregon; informal barbeque at 6 p.m.; meeting will begin at 6:30 p.m. June 3 Tuesday Special Council Meeting - Comprehensive Plan Public Hearings - 6:30 p.m., Town Hall 10* Tuesday Council Business Meeting - 6:30 pm, Town Hall 17* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 24* Tuesday Council Business Meeting - 6:30 pm, Town Hall TIGARD CITY COUNCIL STUDY SESSION AGENDA - Ma 27, 2008 Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 1 of 2 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) - 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) (in)- Relates to the review and approval of programs relating to security. TIGARD CITY COUNCIL STUDY SESSION AGENDA - May 27, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 2 of 2 Agenda Item # 5'71ual~ .Session Meeting Date 05/27/08 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Tigard Mupuccial Court Annual Report Prepared By: Judge O'Brien & N. Robinsonl ! /p Dept Head Approval 4/60 City Mgr Approval: -Ir ISSUE BEFORE THE COUNCIL Judge Michael O'Brien and Nadine Robinson, Administrative Services Manager, will provide an update on the status of the Municipal Court in 2007. The report and presentation will address the court's current programs and caseload. STAFF RECOMMENDATION No action required. KEY FACTS AND INFORMATION SUMMARY • The court's total caseload grew by 8.5% compared to CY 2006. The largest contributing factor was an increase in traffic citations, including a 40% increase in speeding violations. Adult non-traffic complaints increased substantially, though the total number remains small. Youth Court referrals decreased by 19%. The decline in citations for civil infractions continued, with a 55% decrease compared to 2006. • The court continues to expand its public-information program, which includes brochures, handouts, court rules, a comprehensive website and a monthly "Rules of the Road" column in Cityscape. • "Distance Between Cars" laser evidence has become more common in citations alleging "Following too closely." Video evidence from cameras mounted in patrol cars also became more common during 2007. • During CY 2007 the court imposed fines, penalties, costs and assessments totaling $1,109,960, an increase of 12% over 2006. • The court continues to offer traffic and youth diversion programs on a limited basis. The primary goal of these programs is to enhance public safety in Tigard through education. • The court played an active role in developing the Criminal Court Services Study that has been presented to the Budget Committee. The judge completed a detailed study and written report on the additional services and processes that the court would need to add if an adult misdemeanor court is adopted by Council. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS N/A ATTACHMENT LIST Court Report Memorandum, PowerPoint Presentation FISCAL NOTES Funds are budgeted for the current programs. MEMORANDUM TIGARD TO: Honorable Mayor and City Council FROM: Michael J. O'Brien, Presiding Judge Nadine Robinson, Administrative Services Manager~_k RE: Annual Report from Tigard Municipal Court DATE: May 12, 2008 Thank you for the opportunity to meet with Council and the City Manager for our ninth annual review of Municipal Court operations. The highlights of the 2007 calendar year are presented below. As always, we would be happy to answer any questions you may have. 1. Caseload for 2007: As reflected in Table 1, the court's caseload increased by 8.5% compared to 2006: Table 1 - Total Annual Court Caseload 2007 6,920 2006 6,372 2005 6,037 2004 7,397 2003 8,250 As shown in Table 2, traffic and parking citations increased at a much higher rate than other categories. More adult misdemeanors (reduced to violations on motion of the city attorney) and adult non-traffic complaints were filed with the court in 2007, though the total number remains small. The number of cases referred to Youth Court decreased by 19%. The recent marked decline in municipal-code citations continued: the caseload for CY 2007 represents a decrease of 55% compared to CY 2006. Table 2 - Caseload Fluctuations 2006 & 2007 CATEGORY 2006 2007 Traffic and parking 6,220 6,767 Adult city code misd/vio 14 62 Youth Court 80 65 Code Enforcement 58 26 The adult misdemeanors and adult non-traffic complaints filed with the court included the following offenses: consuming alcohol in a public place, intoxicating liquor in prohibited parks, throwing away lighted objects, endangering the welfare of a minor, offensive littering and public indecency. Most of the growth in the court's traffic caseload for 2007 is attributable to a 40% increase in citations for speeding (Table 3). While there was a slight increase in citations for traffic control devices, the number of safety-belt violations continued to decline. Table 3 - Changes In Citations For Selected Violations 2006 & 2007 Violation 2006 2007 Speeding 1,637 2,296 *Traffic control devices 1,116 1,162 No safety belt 376 232 71 [*primarily traffic signals and stop signs] Annual fluctuations in caseload tend to reflect enforcement priorities, personnel levels and funding in the Tigard Police Department. However, the long-term reduction in safety-belt citations may be due to an actual decrease in the incidence of violations. Due to aggressive safety-belt enforcement under the Three Flags program with Washington and British Columbia, Oregon has achieved a remarkably high compliance rate; Washington County's compliance rate of 97.5% is very high even for Oregon. That local success may, in part, be reflected in Tigard's data: the court adjudicated 2,222 safety-belt citations from 2003 through 2007. 2. Public Information and Education: Our court performs two vital social functions for the community: conflict resolution and, for those who commit offenses, behavior modification. Due to its high caseload, our court has a very time-limited opportunity to interact with the thousands of defendants who appear each year. Our goal during this time is to increase the court's effectiveness in changing behavior by imposing appropriate sanctions, educating citizens about Oregon law and making citizens aware of public-safety and traffic issues in Tigard. The court has extended its "reach" beyond the courtroom by developing brochures, court rules, handouts and a comprehensive website. Last year the judge began publishing a monthly column on the "Rules of the Road" in the Cityscape newsletter. These columns have been converted into web pages and handouts that are given to defendants in appropriate cases. As in the past, the court gives high priority to offering useful and accessible information to all parties and witnesses through the entire process of adjudication. Providing accurate information leads to more efficient disposition of cases by allowing defendants to make informed choices. It also promotes transparency in court operations and thereby enhances public confidence in our judicial system. 3. Youth Court: Since its inception in 2002, Youth Court has adjudicated over 500 misdemeanor and status offenses. In most delinquency cases, the court imposes various conditions of probation during a specified period. These usually include community service, a counseling program, letters of apology, a court diversion fee and, as appropriate, restitution to victims. 4. Sanctions: Maximum and minimum fines for traffic violations are fixed by state statute. Reductions for most violations are limited to 25% of the "base fine". The base fine is the amount entered on the front of each ticket by the citing officer. Base fines are set according to a formula devised by the Oregon Judicial Department. Fines for municipal-code violations are not subject to the statutory standards that apply to traffic citations. Penalties are typically based on the following criteria: proof of compliance, prior violations, the recommendation of City staff and any mitigating circumstances brought to the court's attention by either party. The maximum penalty for Class 1 violations is $250 per day. Double or quadruple maximum penalties apply to multiple violations over a 24-month period. 5. Diversion Programs: This program continues on a limited scale for qualified defendants. Juvenile first offenders and qualified seniors may be given the opportunity to participate in a traffic diversion program that generally requires attendance at a traffic school (such as Trauma Nurses Talk Tough and AARP Driver Safety Program), a fine and a probationary period during which they must receive no new citations. 6. Continuing Education and Training: The judge and court manager attended the Oregon Department of Transportation's judicial education program at the Oregon coast in March. Except for a $40 registration fee, ODOT assumes all costs for these annual conferences. The judge, court manager and Chris Snodgrass, a court clerk, attended the fall conference of the Oregon Association for Court Administration in Salem. The court manager also attended the annual conference of the National Association for Court Management. 7. New technologies: Last fall, the court upgraded its software system to FullCourt Enterprise, a web-based version of the FullCourt program. Using existing lidar technologies for speed and distance measurement, it is now possible to accurately detect the speeds of two vehicles and the distance between them. Following demonstrations of the Distance Between Cars (DBC) technology at a judicial conference and on the streets of Tigard, the court has adjudicated numerous citations for following too closely. Most of these DBC violations involve vehicle separations of less than 1 second, far below the recommended 2-3 seconds. The use of video evidence of traffic violations at trial has increased substantially during the last year. 8. Revenues: During CY 2007 the court imposed fines, penalties, costs and assessments totaling $1,109,960, an increase of 12% over CY 2006. The total collected during CY 2007 was $1,002,632. Of the total sum collected, $288,878 was disbursed to other agencies under a statutory formula for unitary assessments, medical liability accounts, county assessments and court security fees. The recipients include the Oregon Department of Revenue, Oregon Judicial Department and Washington County. The court budget for FY 2007-08 is $256,888. 9. Criminal Court Study: The court has played an active role in developing the Criminal Court Services Study that was recently presented to the Budget Committee. In addition, the judge has completed a detailed written review of the additional services and processes that the court would need to add if an adult misdemeanor court is adopted. Thank you for giving us the opportunity to present our ninth Annual Report to the Council. 2008 Annual Report to Council Michael J. O'Brien, Presiding judge Nadine Robinson, Manager Tigard Municipal Court y i Municipal Court Programs 1. Traffic ~ 2. Youth Court 3. Civil Infractions 4. Public information 2008 Caseload: highlights O 6,920 violations adjudicated O Total caseload increased by 8.5% compared to 200 O 40% increase in speeding citations O Juvenile caseload declined by 19% O Civil infractions declined 55% i O Adult non-traffic complaints increased s O C) . CX W Y:; rD r n''.77 71 O Ay ~ ~ I wt, P7 .k ~ i~ m t Variables affecting caseload { i O Personnel levels and turnover O Enforcement priorities O Funding levels O Training schedules O Civil infractions: formal or informal resolution i 4 ! r, i - i Pblic Informati u on Pro 9 ram ri O Social functions of community court: • Resolve conflicts • Modify behavior of those who offend O Strategies: sanctions and public education O Courtroom review: • Oregon law and municipal code • Traffic and public-safety issues in Tigard 3 n I -77--77 z z -3_-- - - I i i Court Outreach i { I t Goals: • Informed choices for defendants • Greater efficiencies • Transparency Methods: • Court rules: at counter and online • Brochures and handouts • Comprehensive and user-friendly website • "Rules of the Road" column in C' i i i { Traffilc Program O 6,767 traffic violations adjudicated, 8% more than:,,, 2006 i O Speeding violations: 40% increase i O Traffic control devices: small increase O Safe belt violations declined, continuing a trend. O 2 222 safety belt violations filed 2003-07. O Washington County safety belt compliance rate. 97.5% -1 J r -z" Sanctions: traffic violations I i I E f O Base fines and minimum fines set by statute. O Maximum reduction (most cases): 25%. t E E O Criteria include: prior violations, defendant's E explanation, extent of compliance, collision, recommendation of citing officer, indigency. 99 i Driver Improvement Programa - g E O Strict standards for eligibility: • Juvenile first offenders • Seniors (over 65) with clean records r • Safety belt violations: clean record required i O Requirements: • Traffic school (e.g., Trauma Nurses Talk Tough) • No citations for a specified period .y h' I , l Ai lam: t s I t a Tigard Youth Court 3 i ;S O Misdemeanors and status offenses such as curfew violations, minor in possession of tobacco. O Over 500 adjudications since program began in 2002. O Typical sanctions: Community service, fine or diversion fee, counseling program, letters of apology, restitution to victims, probation., f ~i 51f tFN qk -tC'i'1z yy~~~ ,*CT- Sanctions: civil infractions O Maximum: $250 per day (Class 1) O No minimums set by ordinance O Mitigation: Compliance, no prior record, other circumstances presented by parties O Aggravation: Written or verbal warnings, prior record, health or safety issues a O Double or quadruple maximum penalties if prior violations last 24 months O Policy issue for community: weighing va compliance in determining Banc r k Noncomplying defendants f i a { Failure to appear, pay a fine or obey a court order may result in: O Default judgment. O License suspension. € O 25% collection charge. O Referral to collection agency. O Repeat civil infractions: enhanced penalties and charges. y Court Budget O Court budget: $256,888 (FY 2007-2008). O 1 109 960 in fines fees costs and assessments imposed during 2007. O An increase of 12% over 2006. O $288,878 disbursed to Oregon Department of Revenue, Oregon Judicial Department and Washington County for statutory costs, fees an assessments. i i Allocation of $100 traffic fine i E E E i I'd Fine $3 $11 :.j ❑ Unitary Amount .r ❑ County Jail ! Y.: Assessment s x $37 K ❑ Court Security Assessment ' Medical L.i ri k .1 Municl*pal our T t EE 13125 S.W. Hall Blvd. Tigard, Oregon 97225 wmw tigard-orgovl cio hall departments/municipal court 1 r4 i4H f i Y s t March 30, 2008 Dennis Koellermeier, Public Works Director City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Request under Resolution No. 99-37 - Memorial in a City Park Dear Dennis: I present you with the following proposal: PROPOSAL TO NAME A DISTINCT ELEMENT WITHIN A CITY PARK FACILITY FOR THE LATE MUHAMMAD SAILI AND THE ICMA RESOURCE CITIES PARTNERSHIP BETWEEN THE CITY OF TIGARD AND THE CITIES OF SAMARINDA AND BALIKPAPAN, INDONESIA In 2001, the City of Tigard was privileged to be selected by the International City/County Management Association to participate in the former Resource Cities program, now called CityLinks. The four year association with Samarinda, and the two year program with Balikpapan, proved to be extremely rewarding for each of the cities. Each gained knowledge in technical areas while the individuals involved expanded their personal horizons. The partnership concluded in December, 2005, as funding for the program came to a close. Limited contact between the cities has been maintained since that time. Earlier talk of developing a sister city type relationship has not resulted in creation of any formal program. Perhaps the opportunities for communication and information sharing will improve in the future and the foundation of friendship will be built upon. In the meantime, I have a suggestion to make that I hope will be accepted by the City and will become a reminder that the partnership was significant and deserves renewal. Proposal Last year, Muhammad Saili, the Secretary, or chief administrative officer, for the City of Samarinda during the program years, passed away at a relatively young age. Mr. Saili was a gracious and cheerful man who devoted a great amount of his time to the success of the program. He was the lead delegate, who visited Tigard as part of the delegation in September, 2003. He impressed all program participants with his professionalism, his great interest in the program, and his warm relationship with his staff. Mr. Saili's joy in having an opportunity to visit Tigard was obvious as he made the delegation's visit a memorable one. The 1 many photographs taken of Mr. Saili while in Tigard and in Samarinda are permanent reminders of his joy of life and his enthusiasm for making the program a success. While Tigard Delegates were in Samarinda, Mr. Saili took time from his very busy work schedule to participate in many activities. He not only accompanied the delegates to meetings and official functions, but he displayed his warmth and friendship organizing a bowling event and inviting delegates to his home. At his home, photos of his trip to Tigard were prominently displayed emphasizing the joy that he felt for the program and the friendships that he made. My proposal is that the City of Tigard honor Muhammad Saili and the program that introduced Tigard to international relations. I propose that the City name the shelter at Fanno Creek on the Tigard Library site for "Muhammad Saili and the SamarindaBalikpapan, Indonesia ICMA Resource Cities Partnerships." The structure is a fitting symbol for this purpose for the following reasons: • The structure was designed as an Indonesian-style structure. The City Council in July 2004 selected the design to reflect the educational partnership developed through the program. A copy of an article from the July 21, 2004 Oregonian reporting the significance of the structure is attached, • The structure is reminiscent of longhouses built by the Dayak people in the region of Indonesia where Samarinda is located. • The structure is located on the Tigard Library site, symbolic of the interest and the commitment that the citizens of Tigard have for providing lifelong learning opportunities for all citizens. • The natural setting of the structure is within a park like setting along the Fanno Creek, running through the core of Tigard. While vastly different in scale, Fanno Creek is symbolic of Tigard's similarity to Samarinda which has grown up along the mighty Mahakam River. • The structure provides an opportunity for citizens to stop and use the shelter for picnicking and reflecting on the beauty of the environment. • Lasting evidence of the partnership is needed. Physical evidence of the partnership is present in the community in the form of the milepost sign that was planned and carried out by the school children of Fowler Middle School at the intersection of Walnut and Tiedeman. A monument established by the City within a park setting and with suitable educational materials displayed would help to document the success and the hope of the partnership. Specific Proposal and How it Meets the City's Established Criteria On June 8, 1999, the Tigard City Council adopted Resolution No. 99-37 that established a policy on placing memorials in City parks. The resolution includes criteria used for the naming of distinct elements within City-owned parks. Since the library site is essentially 2 an extension of Fanno Creek Park, part of the Fanno Creek Park Master Plan, the shelter location qualifies as a site that can be named under the criteria developed within the resolution. The Resolution provides for memorials that can be "placed at distinct elements of City-owned properties such as shelters, sports fields, gardens, etc." To suggest that a memorial be placed, the resolution requires that an individual submit a written request to the City Council requesting the particular type of amenity in which they are interested in sponsoring. Please accept this letter and supporting information as my request that the City Council designate the shelter as the "Muhammad Saili and the Samarinda/Balikpapan, Indonesia ICMA Resource Cities Partnerships" memorial shelter. I would like to commemorate the shelter with suitable signage. If the City desires, a plaque might be appropriate too. In addition, I propose that the educational displays that are now situated at the shelter be modified to include a description of the partnership program and its achievements and specifically a photograph of Mr. Saili. Further, I suggest that a day be selected where the City and those individuals who participated in the partnership program may hold a ceremony to commemorate the naming of the shelter. It is my hope that the City will honor Mr. Saili and the partnership program and also take the opportunity provided by the action to reach out to Samarinda and Balikpapan to renew the friendship that has been established. Perhaps Mayor Dirksen could send an official letter to the City of Samarinda as well as to Mr. Saili's family to inform them of the honor afforded Mr. Saili. He might include documentation of the City's official action and photographs that might be taken at the commemoration ceremony. Enclosures I have enclosed several photographs of the structure and the surrounding area as well as photos of Mr. Saili taken during the partnership program. I have many more photos taken during the exchange that I will make available to the City. In addition, I offer to assist in any way that is suitable to plan and carry out a commemorative event and to re- establish the relationship with the Indonesian cities. Since Bill Monahan 10248 SW Kent Court Tigard, OR 97224 Cc: Craig Prosser 3 ~r _ ,S h Z ll - - 1 ~i t 777 7 30 e sa 7 } ; ar s u -,,z, c,_ s S~ ~~~,ay 3} ~ ~ structure constructed by the 1r ' Stop A > tl AA near Fanno'Creek brarVrSAug. 21 grand opening starts at 4_0 m Ale ~ > 3 PIR" Of An Indonesian-style stnlu~e in Cook'~e~ds r , has been chosen to replace thus 't IIo 1s~ms In( where Tigard has toric Grimstad House, also )maws m saii6~1: as the White House, which lumec Bill Morns Y G`Wlfh tW0 cities down a year ago. 3 x 4 "B"~tt altmg~ By!, ORIALEON GUERRERO The new sheltefivill be used asa ~treal~ pt~~ E ox£co N general=purpose area in th Fauna m madex WPM= AZsed' shelter , at Fanno Creek Park and developetf as a men f; lace where people can gotoTea~ for te'iflaLS. X Hall Boulevard will P r. p about the wetlands Mo ' ` o an reladonshi ~ z .1, FaMr, gm and two Indone "The shelter his beerx fol t st Ya ~I % : siarr .and:provide a place for and ordered and iYs on*'Im eu rtfl pemleam about, the environ said Dennis Koelleneieri T f~s eve son~eactt ` menL fi;: public works director. `Qpee, idtiesinac af`the sou~$~ie: Theshelter iswithin waIldng dis- have' it, we, can put it up in i`sn*o , traBs a ' ~ xar►ce of.ihe nets T Iab x% n ard 5., Wlien choosing a destg~rfo itte and aitgtofficials hope to have the The seker vill;be a midp*t-- shelter, s ' City Council went Smmwe,i C" news.oregoniaRCOm. delivery . 503=2218240' CEassifred ads 5D3=221-8WO On the Web. www.oregonlive.coWoregoaian. Ind >~~y -,e R mi[h an Indonesian theffie because chosen for tWj- I lie maces mth hmbee based • re members were m*ued *the ar ~tne; v~rben divaspaued sources and water :Moria- :3rhrtecEur'e,Ivlonahansaid. Sa~¢da•ort#bat bansaid ` t r'~ i F 1 x 4 ajSO wanftd tb~ S 2elter 0, 0- 2 °Yt'S IlIIP0 tjS,~Q #~US to$ie educaiioaaner ~a" 4t W& PT eved °~~P{~~+.~''~ has es c 7*~ (~~~,j,~~di~^f~^sxas 31 as ;revenues, gnibe a lot o fmm= f _and } T J.r1l7J4uuu1D L LYII'b'fftiiwith i ^~"++au~aa~6 with a nB Samar in ands prig; thee >e%m"olx"off efr 1iG~ld.qN.x. '>sagd.s p'iiamnagotheryn>bobsflf [aaFxconnec 7, M month ands set~e ReseuuE+s~e nan = twethe two a tk; z~ e i1S~ kith s- `a ~-a OR, MAN; "Ii D Slid heals t tetw~tf~8-mothur(~e[ .t~z y. x cTi.~ -s- Z 13fto16 Ni envaanmental educa .a,+}~ h ti§aaorte~r=~a,va~a Ns I > =l t m5td~ed, ~vittt ire :.t "~~T3 tai 1fY[32E lCS~3e 3L154'Oft lelrprUG1M7'. ItYOTT[1ZEtOILF~i IClIPID ` s r 5Lt3-294=5947, - F>s the second time TSgard. •ty in t _Pacific and die~r similar vier, akumvri+eusoreganrancom AGENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: May 27, 2008 r (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 becomes part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name i~! _ /X Also, please spell your name as it sounds, if it will Fell- help the presiding officer pronounce: Address City State Zip ~V27-/-/ Phone No. loZ® Z3Z~ Name: < < Also, please spell your name as it sounds, if it will y` S help the presiding officer pronounce: 4 4 n1 E-, A d pf~~LP ~~P-',/ Address IS Z -WS- 9-rnl E Utd. City --,r/ /ZD State 072- Zip C? 7Z~'] Phone No. S-0 3 -Y13 6_ to z Name• Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION Citizen Communication from May 13, 2008 Council Meeting Pavel Goberman, P. O. Box 1664, Beaverton, OR 97075, said he was a candidate for the United States senate. He said he wanted to give a message to the people that the corrupt media junta has hijacked the country. He contrasted his qualifications with those of his opponent. Mayor Dirksen asked city Attorney Ramis if there were any legal issues regarding Mr. Goberman's statements. City Attorney Ramis replied, "Not that we have any jurisdiction over." Joseph Bauder, Metro West Ambulance, talked about EMS Week and thanked the City for choosing them to provide emergency health care services to Tigard citizens. Thanked Council for the proclamation and support. Invited everyone to their BBQ on Wednesday, May 21 in Hillsboro, and presented the City with a plaque. Walt VanRheen, 8625 SW Cascade Avenue, Beaverton, OR 97008 said Washington County has determined the Barrows Road Bridge cannot sustain further growth and is planning on shutting down the bridge as soon as possible. He said doing so will dramatically impact 135`h Avenue as it rises towards Walnut Street and it cannot support that type of traffic. He hoped that Council could influence Washington County to keep the bridge open with weight restrictions until Beaverton can complete their Davies to Barrows Road extension. He said the neighbors off 135`h want to know if there is anything they can do. Mayor Dirksen said they became aware of this last week and are already in discussions with Washington County and plan to bring in Beaverton as well. Councilor Buehner said our County Commissioner was in the lobby and suggested he speak with him directly. Agenda Item # Meeting Date May 27, 2008 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Approval of Contract Amendment No. 1 for Right-of-Way Acduisition Services for the SW Burnham Street Improvement Project Prepared By: G Berry Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Should the Local Contract Review Board approve Contract Amendment No. 1 for right-of-way acquisition services for the SW Burnham Street Improvement Project? STAFF RECOMMENDATION That the Local Contract Review Board, by motion, award Contract Amendment No. 1 to Right-of-Way Associates Inc., in the amount of $76,745. Staff further recommends authorization of an additional amount of $7,675 to be reserved as a contingency for the project and applied as the project progresses towards completion. The total amount of the amendment is therefore $84,420. KEY FACTS AND INFORMATION SUMMARY • On June 27, 2006, City Council awarded property acquisition service contracts to Hanna, McEldowney & Associates and Right-of-Way Associates Inc., on an as-required basis. • On March 13, 2007, City Council awarded the original contract to Right-of-Way Associates Inc. for the SW Burnham Street Improvement Project in the amount of $114,500 of which $10,000 continues to be reserved for contingencies as needed. • Right-of-Way Associates Inc. has prepared the attached proposal to provide services to acquire the required right-of-way with a not to exceed fee of $76,745. This amount combined with the proposed contingency of $7,675 results in a total amendment of $84,420. The total amount committed to the project is therefore $198,920. • The work in the proposed amendment includes additional coordination, additional services to accommodate design changes, providing preliminary title reports, survey staking, appraisals and relocation services. The extent of required relocation services will be determined through negotiations with the owners. The number of parcels from which right-of-way acquisition is required has been increased from 19 to 21. The intent of the amendment is to complete all work required to begin construction this summer. • Amendment No. 1 takes effect upon approval by City Council. Any amendment exceeding 25% of the original contract amount requires LCRB approval. The proposed amendment results in a 74% increase and requires LCRB approval. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS The Burnham Street Improvement Project contributes to Council Goal 3. Implement the Downtown Urban Renewal Plan. ATTACHMENT LIST Attachment No. 1: Right-of-Way Associates Inc. May 2, 2008, Proposal FISCAL NOTES The current balance in the FY 07-08 CIP for the project is $469,429. Anticipated expenditures for the remainder of the fiscal year are $325,262 leaving a. balance of $144,167. This amount is adequate to fund the proposed amendment. i:teng%2007-2008 fy ciptbumham street improvement 0353 - ltagreements - noa - ntptright of way associatestamend no 1 (wo no 6)15-27-08 ais bumham amend 1.0oc Attachment 1 10186 SW Laurel Street WA Beaverton, OR 97005 Ph .503.644.3436 0 Fax 503.644.7400 RIGHTOF-WAY ASSOCIATES, INC. www.rowainc.com May 2, 2008 Index 06-041-000 City File No.: 0353 Vannie Nguyen, P.E. City of Tigard - Engineering 13125 SW Hall Boulevard Tigard, OR 97223 Subject: Burnham Street Project 0353) Contract Amendment No. 1 Request Dear Vannie, Following is a request for an amendment to include additional activities that have been undertaken based on verbal direction from the City or that need to be undertaken. This additional work is. a result of: • 2 additional properties • Design changes • Staking for appraisals • Preliminary Title Reports as original scope assumed these would be provided by the City • Delay and need for coordination of appraisal revisions and increased fees due to PGE design changes • Preliminary contacts with owners not anticipated; it was originally anticipated that the design / access issues could be addressed with the owner by the City and OTAK without ROWA input • Additional coordination due to complexity of the project • Additional coordination to develop negotiation strategy with City and City attorney in hopes of avoiding the need for condemnation • Difficult negotiations resulting from Schwabe solicitation to property owners and representation of several owners • Relocation services, not included in the original proposal The increase in fee for the additional scope of work itemized below is $76,745.00, bringing the total cost under the Work Order to $181,245.00 ($104,500 + 76,745). $25,000 of the increase for relocation services will require a separate authorization from City for use of funds. The City will be billed on a time & materials basis for the original scope of work and the scope of work described in this amendment against this not-to-exceed amount. Note: changes or additions to the scope of work will result in additional project cost. Page 2 of 4 Project Meetings $9,000 Original scope and fee assumed 5 project meetings attended by 2 ROWA staff. To date there have been 18 project meetings. We anticipate 10 additional 2.5 hour monthly project meetings and 10 meetings to address specific negotiation issues throughout the project; attended by 2 ROWA staff. 20 meetings Project Manager $100 x 2.5 hours x 20 meetings = $5,000 Project Coordinator $ 80 x 2.5 hours x 20 meetings = $4,000 Or Agent Preliminary Activities $6,250 Preliminary contacts with property owners were required to assist the City and OTAK staff work with property owners related to design issues in order finalize the design. • Verizon / Matsumoto Driveway Design - Discuss combining access, reducing access to Burnham Street o Agreement with Verizon anticipated o Agreement with Matsumoto anticipated • Scott & Hookland Driveway Design - Discuss relocation of access from Burnham to private easement on Stevens property o Unable to reach agreement, access will remain from Burnham • Dolan Property - Contact owner about front porch for R/W design decision o Design accepted by Dolan • Zuber Property - Contact owner to discuss preliminary design impacts and willingness to grant a right of first refusal o Discussions ongoing; City attorney provided additional suggestions on strategy • Burnham Business - Contact with property manager to discuss access issues. • Stevens Marine - Contact with owner to discuss storm easement location; potential impact to business operations during construction and identify relocation issues. Develop and transmit letter to property owners in response to letter sent by Schwabe to assist in alleviating property owners fears and anxiety about City process and treatment of property owners. Coordinate with City and City Attorney on same. Preliminary Title Reports $4,545 Original scope and fee assumed that the City would be ordering and providing the preliminary title reports. It was later requested that ROWA order the reports. ROWA services to order Preliminary Title Reports $ 270.00 Direct Cost of 21 Preliminary Title Reports $4,275.00 OTAK Staking for Appraisals $6,150 OTAK scope of work did not include staking of the new right-of-way line and easements for appraisal purposes and inspections with owners of the taking areas. We were requested to include this in our services. When owners can visually understand the impact, negotiations are more focused. Assumes 3 trips by OTAK to provide staking for appraisals. OTAK staking $6,000 ROWA coordination for staking $150 Page 3 of 4 Appraisal $14,800 Original scope and fee assumed 17 simple Taking & Damage appraisals at $2,000 each, 1 complex Taking & Damage appraisal (Woodard) at $3,000 and 1 Before & After appraisal (Zuber) at $5,000, for a total cost of $42,000. Appraisal costs increased due to the increase in number of parcels from 19 to 21, design impact changes, time delays and interruption of appraisal work as a result, need for additional sales searches to bring values current due to delays, re-inspection of some properties, unanticipated cost to cure issues as a result of design changes and redistribution of work to additional appraisers in order to meet City schedule for construction results in a total cost of $56,900. • 12 simple Taking & Damage appraisals at $2,000 each 1 simple Taking & Damage appraisal (TVFR) $2,200 1 complex Taking & Damage appraisal (Stevens TL 200) $3,500 • 1 complex Taking & Damage appraisal (Verizon) $2,700 • 1 complex Taking & Damage appraisal (Matsumoto) $2,700 1 complex Taking & Damage appraisal (Scott & Hookland) $2,700 1 complex Taking & Damage appraisal (Burnham Business Storage) $2,800 • 1.complex Taking & Damage appraisal (Stevenson) $2,800 1 complex Taking & Damage appraisal (Woodard) at $3,000 • 1 Before & After appraisal (Zuber) at $5,000 • Appraisal Revision for Miller due to addition of Public Utility Easement $500.00 (Pete Arvidson) • New appraisal for Wyatt property as original appraiser (Jim Barclay) no longer in private practice and design change resulted in need for revised / new appraisal $2,000 (John Wooden) • Appraisal Revision for Woodard due to addition of Public Utility Easement and need for new sales search in order to bring date of value current $1,350 (Steve Pio) Increase in appraisal fee for Capistrano due to inefficiencies caused by the delay in completing design during PUE discussions, need for re-inspection and new sales search to bring date of value current $1,550 (Steve Pio) 2 Additional Parcels / Negotiation $10,000 Original scope and fee assumed 19 parcels. Actual scope includes 21 parcels. Coordination with City Attorney needed on negotiation strategy, due to complexity and involvement of Schwabe. This addition and the basic fee will include negotiation services required for all the properties. PUE Impacts $1,000 Additional ROWA time to rescind offer to Wyatt, process revised legal descriptions and sketches, engage appraisers for revised appraisals, document revisions and representing offers resulting from PUE impacts. Page 4 of 4 Relocation Services - Contingency Task* $25,000 *requires authorization from City for use of funds The Zuber property will require relocation services. The extent of services to be provided is dependent on the final impact to the property (whole purchase vs partial acquisition). At a minimum Zuber Construction business will need to be relocated. If it is a whole purchase, the tenants on the property will also require business relocation services. The Stevens property (TL 200) will likely require personal property relocation.services to relocate property within the Stevens property or to their property across Burnham Street resulting from the partial acquisition of property and storm easement. Relocation services are difficult to estimate without interviewing each business owner and performing an evaluation of potential sites that they have the ability to relocate to. The funds allocated above will cover relocation services for all business owners. Relocation benefits (moving, search and re-establishment expenses) to be paid to the business owners are separate and not included in this estimate. Claim forms and pay requests will be submitted to the City for review, authorization and payment of relocation benefits directly to the business owners and/or their vendors providing services. Please contact me by phone at 503-644-3436, by fax at 503-644-7400, or by mail at 10186 SW Laurel St, Beaverton, OR 97005 with your questions or concerns. My e-mail address is: david(5)-rowainc. com. Sincerely, R. David Feinauer, President Agenda Item # Meeting Date 5/27/2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title ZCA2008-00002/Phel42s Annexation Prepared By: Emily Eng Dept Head Approval: ZC City Mgr Approval: O-P ISSUE BEFORE THE COUNCIL Shall City Council approve annexation of one parcel containing 3.66 acres of land (Zone Change Annexation - ZCA2008-00002) and adjoining right-of-way on SW 1534 Avenue for a total of 4.12 acres of land to the City of Tigard? STAFF RECOMMENDATION Staff recommends adopting the proposed ordinance annexing the proposed territory to the City of Tigard. KEY FACTS AND INFORMATION SUMMARY The proposed annexation includes one (1) parcel and its adjoining right-of-way. The parcel is located in the Bull Mountain area, contiguous to the southeast corner of the previous Cach Creek Area Annexation. The subject parcel is contiguous to the City by a point. The property is located at the north end of SW 153rd Avenue, shown as a cul-de-sac on Washington County Tax Map 2S108AB. The parcel is heavily treed and contains sensitive land areas such as steep slopes (over 25% grade) and a stream. A single family home exists on the parcel. The total area proposed for annexation is 4.12 acres. The parcel is 3.66 acres and the proposed right-of-way is 0.46 acre. Based only on property size, the estimated maximum density of the parcel is 25 residential units. However, taking into account sensitive land areas, staff estimates that the maximum density would be closer to 12 units. Water, street maintenance, police and fire protection services are available to serve the property if developed to its maximum density. Sewer and stormwater connections are also available, but development is unlikely until the connections are brought closer to the property, such as through the construction of the recently approved Sunrise Lane Subdivision project in the vicinity. The property owners do not have immediate or known plans to subdivide their parcel. The two owners of the subject parcel have consented to the annexation. The City invited adjacent and nearby property owners to join the annexation and received one petition to join; however, the petition was withdrawn later in the process. The City is authorized by ORS 222.120 to annex contiguous territory when owners of land in the proposed annexation territory submit a petition to the legislative body of the city. With regard to the proposed right-of-way, the City is authorized by ORS 222.111(2) to act on its own motion to annex contiguous territory. Applicable review criteria, procedures and policies for the proposed annexation are in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal 1.1 (Updated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). Key findings: 1. The proposed territory is contiguous to Tigard's City limits; 2. Urban services are available to serve the subject parcel; 3. The owners of the subject parcel have consented to the annexation; 4. The proposed territory is within Tigard's Urban Growth Boundary and Metro's Urban Growth Boundary; and 5. The proposed territory is within Tigard's Urban Service Area and Area of Interest. OTHER ALTERNATIVES CONSIDERED A) Adopt alternate ordinance (Attachment 2); or B) Adopt findings to deny the annexation. CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment 1: Proposed Ordinance Annexing 4.12 Acres Exhibit A: Legal Description- Subject Parcel Exhibit B: Legal Description- Proposed Right-of-Way Exhibit C: Tax Map for Subject Parcel and Proposed Right-of-Way Exhibit D Survey Map for Proposed Right-of-Way Exhibit E: Applicant's Petition to Annex Exhibit F: Vicinity Map Exhibit G: Staff Report to the City Council dated 5/12/08 Attachment 2: Proposed Alternate Ordinance Annexing 3.66 Acres Exhibit A: Legal Description of Subject Parcel Exhibit B: Tax Map for Subject Parcel Exhibit C: Applicant's Petition to Annex Exhibit D: Vicinity Map Exhibit E: Staff Report to the City Council dated 5/12/08 FISCAL NOTES If approved, the proposed annexation territory would be transferred to the City's tax roll on July 1, 2009. Annexations must be final by March 31 of the same calendar year for the tax year beginning July 1. Attachment 2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2008- AN ORDINANCE ANNEXING 3.66 ACRES OF LAND, APPROVING THE PHELPS ANNEXATION (ZCA2008-00002) AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS 222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed; and WHEREAS, the City of Tigard is authorized by ORS 222.111(2) to annex contiguous territory upon the City's own motion; WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Tigard Water District, Washington County Enhanced Sheriff s Patrol District and Washington County Urban Roads Maintenance District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on May 27, 2008, to consider the annexation of one (1) parcel (Washington County Tax Map 2S108AB, Tax Lot 1000) of land located on SW 153rd Avenue and withdrawal of said parcel from the Tigard Water. District, Washington County Enhanced Sheriff s Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Tigard Water District for certain debt obligations, however, in this instance the Tigard 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 parcel from the Tigard Water District, Washington County Enhanced Sheriff s Patrol District and Washington County Urban Roads Maintenance District on May 27, 2008; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning most closely conforming to the County zoning; and WHEREAS, the 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 Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property 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 subject parcel as described in the attached Exhibit "A" and shown in Exhibit "B" and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit "E" 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 administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District shall be the effective date of this annexation. 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, 2009. SECTION 7: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By vote of all Council members present after being read by number and title only, this day of 52008. Cathy Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2008. Craig Dirksen, Mayor Approved as to form: City Attorney Date EXHIBIT A Phelps Annexation Description The following described property being located in the northeast one-quarter of Section 8, Township 2 South, Range 1 West, of the Willamette Meridian, Washington County, Oregon being more particularly described as; Beginning at a point being the northeast corner of lot 3, plat of "Wonder View Estates"; Thence from said point of beginning S 89° 49'W 296.40 feet to the northwest corner of said lot 3; Thence S 21 ° 42' 15" E 287.08 feet to an angle point on the west line of said lot 3; Thence S 00° 05' W 290.00 feet along said west line to a point of curve on the north right- of-way of SW 153`d Avenue; Thence along a 40 foot curve to the right to a point of intersection on said right-of-way that measures 20.00 feet easterly and parallel with the southerly extension of the last stated course; Thence leaving said right-of-way line N 00° 05' E 21.90 feet more or less to a point; Thence S 65° 52' E 243.40 feet to a point; Thence N 89° 49' E 60.10 feet more or less to a point on the east line of said lot 3; Thence N 00° 05' E 43.26 feet more or less to the northwest corner of lot 6, plat of "Wonder View Estates"; Thence N 89° 49'E 38.08 feet along the north line of said lot 6 to a point; Thence N 00° 05' E 200.00 feet to a point being 15.00 feet east of an angle point on the east line of said lot 3; Thence leaving the east line of said lot 3 N 02° 51' 15" W 195.21 feet to a point; Thence S 89° 49'W 5.00 feet to a point on the east line of said lot 3, being 205.00 feet to the point of beginning; Thence N 00° 05'E along east line of said lot 3, 205.00 feet to the point of beginning. Containing 3.66 acres, more or less. NW 1/4 NE 1/4 SECTION 8 T2S RIW W. M. 2S I 8AB WASHINGTON COUNTY OREGON SCALE I" = 100' rby 1200 M .76 AC. SEE MAP F~•1 2S I S 1••1 e L 6 _ (SUNRISE LANE) _ _ aa.o 1~ { me. - - - - - - - - - - - - - W ~ I uma .an 10 [a.w/an I . .-ca.wb Y a[4 Oe1p~ [ad I 1201 1.s0 1000 2 1 1"A, I 3.l~4. 1 l[i IA{ill _ ~ I wen r•. [ r I • eel uoi.~roo. •oa.w'a~a I S n.y ~ m I I = 102 100 I [liAe /.oJle I I 2 3 . - CAIO033 I s i mn av,l. boaI I'0 © N E' R Y I L w Zs W Ip C.S. 7356 A 23-78 1 rah I .aa I SEE MAP SEE MAP ae a n [a 1001 700 300 `I 2S I SAA 24 I 88A 10 1300 e I 1400 3 I ~ Q - lH>rnp apo ~b.o ~ 1 C.8.7193 800 woY 600 g i• S 1 A 1 E5 9 FOR ASSESSMENT p~~ ra'^+« 8 4 5 6 3 PURPOSES ONLY l DO Ndr RELY ON "'~N la. \♦F\ s lao •S n feO aooeba 3 e - b = FOR ANY OTHER USE ><Ir w ~0 TQ b 600 S00 ab ~ 1403 ~ I a 1N • +.a 8 Iz[.N H ..,A. el ~ 1602.1 sAe. +t9`pp"p la.a> 7 C E 6 1500 , - 210D 3600 ' N 2 .48Ae. l Tri - - - ~2 IT~ II 1603 'N.u as t ~b\\ •tiz xe[~ 1604 2200 33006 i' .6l AC. i 1 i~E 1800 [ an `\\\cR\\\\\~[hb pl .60Aa O I R+~ .66t. I A'NY,a "dM \ ~Y t uto-p • z3GO 340 i 1501 15 . I 1905 INZO 9 6tAC. i v MAe ag ~ ~ I ~~o b 1903 3~pp v2AaOD5 °p 3300 » C.ILY(iS I .J9 Ae. / 3800nY iRnC<'r 14.4 1901. a 1 {t LANE 1904 A7ls " SEE MAP 1502 2y]0 2600 2700 J2800 ggcc 13 - .69Ae. "e ..7Ae. 9 e i S W 2S I SAO 6 8 7 L S 9 Y 3000 3100 + I w re .ar aia 11 12~ •[f[,p SEE MAP 2 S I SAC 2S I SAO -w.A6.C-,-tea TO THE COUNCIL OF THE CITY OF TIGARD, OREGON.: V We, the undersigned owner(s) of the property described below and/or elector s) residingg at the referenced location(s), hereby petition for, and ive consent to, Annexation of said property to the City of Tigard. We understand that fhe City will review this request in accordance with ~RS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. x X w LEGEND: PO - Property Owner RV - Registered Voter PAGE OF OV - Property Owner & Registered Voter I AMA PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct P ATE Section Number Number Number u E di l l 573 3 - kb 2S F /000 ~f /O l 29~e8 is\curpln\masters\revised\anxpetn.mst 15-Aug-02 CITY of TIGARD A GEOGRAPHIC INFORMATION SYSTEM r-- VICINITY" 0-4 z ZCA2008-00002 w i PHELPS OF TI ~ ARD ANNExAT1oN CITY 1 LN j I W I Q I 1 I tr`b j 1 QtyBoundary I I LEGEND: 41 1ry~~ r SUBJECT S Qv SITE S15/ Proposed Prope , AY RS FERR to be Annexed D \ LL, O FERRY ---g%~ 2 ~ =I 5~E.-~ OL i>V[i1.lT RD'- QP i BONITA ~i BEEF BEND RD' DURHAM RD Q Q Tigard Area Map rO y A ycT ' WAS -I~OCO ~ TY 0 80 160N 240 320 400 Feel J Q d 1'= 315 feel Off Q z I LO J U) W Information on this map is for general location only and 13125 SW Hall Blvd _L MOUNTAIN RD co sw Tigar40R 97223 NE ,yR (503) 6394171 1 1 7a~ y (503) 639-417 http:/ i.ti (503) or.us Community Development Plot date: May 12, 2008; C:\magic\MAGIC03.APR EXHIBIT E Agenda Item: Hearin Date: Ma 27 2008 Time: 7:30 PM STAFF REPORT TO THE CITY COUNCIL ff-CIP', FOR THE CITY OF TIGARD) OREGON 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: PHELPS ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2008-00002 APPLICANTS/ OWNERS: David S. and Jeanette Phelps PO Box 551 Tualatin, OR 97062 PROPOSAL: Annexation of one (1) 3.66-acre parcel on SW 153rd Avenue to the City of Tigard. In addition, the City proposes to include 0.46 acre of right-of-way on SW 153rd Avenue from the point adjoining the subject parcel to the right-of-way on SW Bull Mountain Road. Both owners of the subject parcel have consented to the annexation. The subject parcel is contiguous to the City by a point at its northwest corner. LOCATION: 15305 SW 153rd Avenue; Washington County Tax Map (WCTM) 2S108AB, Tax Lot 1000. CURRENT ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. The average lot area for single family detached dwellings within a proposed development shall-be no less than 4,500 square feet and the minimum lot area shall be 4,000 square feet. The minimum lot area for single family attached units shall be 3,500 square feet. EQUIVALENT CITY ZONE: R-7: Medium-Densit3Residential District. The City of Tigard 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. Note: In a subdivision, lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underly~*ng zoning district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district. PHELPS ANNE-X AnON ZCA2008-00002 PAGE 1 OF 10 APPLICABLE REVIEW CRITERIA: ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 8.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal 1.1 (Updated Version); Goal 11. Policy 4 (CT dated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). SECTION II. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation (ZCA2008-00002) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal Ll (Updated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). Therefore, staff recommends APPROVAL of ZCA2008-00002 by adoption of the attached ordinance. SECTION III. BACKGROUND INFORMATION The proposed annexation includes one (1) parcel and its adjoining right-of-way. The parcel is located in the Bull Mountain area, contiguous to the previous Cach Creek Area Annexation (ZCA2006-00002). The subject parcel is conti guous to the City by a point at its northwest corner. The property is located at the north end of SW 153 Avenue, shown as a cul-de-sac on Washington County Tax Map 2S108AB. The parcel is heavily treed and contains sensitive land areas such as steep slopes (over 25% grade) and a stream. The total area proposed for annexation is 4.12 acres. The parcel is 3.66 acres and the proposed right-of- way is 0.46 acre. Both owners have consented to the annexation. The City invited all adjacent property owners to join the annexation and received one petition from Arthur and Claudia Townsend, the owners of a property on SW Sunrise Lane; however, the Townsends withdrew their petition later in the process. In addition, the City contacted John Noffz, the developer for the approved subdivision in the vicinity, Brentwood Estates. However, Mr. Noffz declined the invitation to join at this time. Therefore, no adjacent property owners have joined this annexation. The two owners are registered voters within the proposed annexation area. There is a third registered voter (the Phelps' son), who is not an owner and no longer resides at the subject property, but resides abroad. Therefore, all (100%) property owners and a majority (67%) of the registered voters have petitioned for annexation. SECTION IV APPLICABLE REVIEW CRITERIA, FINDINGS AND CONCLUSIONS State: ORS Chapter 222 Regional: Metro Code Chapter 3.09 City: Community Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal 1.1 (Updated Version); Goal 11. 1, Policy 4 (Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updatedVersion). 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: PHELPS ANNEXATION ZCA2008-00002 PAGE 2 OF 10 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; The City of Tigard Comprehensive Plan's Urbanization Chapter (Non-updated) (Policy 10.1.1) defines services as water, sewer, drainage, streets, police, and fire protection. Each service is addressed below. Policy 10.1.1 further defines capacity as "adequate capacity, or such services to be made available," to serve the proposed area "if developed to the most intense use allowed," and "will not significantly reduce the level of services available to developed and undeveloped land in the City of Tigard." Water - City of Tigard. Tigard Water District is the current service provider for the subject properties. Upon annexation, City of Tigard will be the provider of water. Water is available to serve the subject property. Sewer - Clean Water Services/City of Tigard. Clean Water Services is the service provider of sewer service. The existing home is on aseptic system. Upon annexation, the City of Tigard will be the provider of sewer service. A sewer connection is near the north end of SW Sunrise Lane. When or if the property develops, the development will be required to connect to the City sewer system. Drainage - Clean Water Services/City of Tigard. Clean Water Services is the provider of stormwater service. Upon annexation, the City of Tigard will be the provider. of stormwater service. The nearest known stormwater connection is near the north end of SW Sunrise Lane. Currently, stormwater from the property drains into the ravine (drainageway) onsite, which empties stormwater into the City property to the north. Therefore, stormwater drainage is available where it is currently. When or if the property develops, it may be required to connect to the City stormwater system. Streets - City of igard Capital Construction & Transportation Division. The subject property is located on SW 153rd Avenue, north of SW Bull Mountain Road. SW 153 Avenue, designated a local street on the TSP, is proposed to be within the City upon annexation. The street currently appears similar to a paved driveway and serves five homes. The owners of the subject parcel have no immediate or known plans to develop it into more residential units. However, when or if the property develops, the owners/ developer will be required to construct street improvements to the City's standard if the street is within the City s boundary. Police - City of Tigard Police Department. The City of Tigard Police Department reviewed the proposal and has no objections to it. Fire - Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Valley Fire and Rescue's (TVF&R's) service area. TVF&R currently serves the subject property and will continue to serve it after it is annexed. Based upon this review, staff finds that all public services (as defined by the Comprehensive Plan) are available to theDroposed 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. The following Comprehensive Plan oals and policies apply to the proposed annexation: Goal 1.1 (Updated Version); Goal 11. 1, Policy 4 Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). Staff has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: Goal 1.1 (LJpdated): 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. PHELPS ANNEXATION ZCA2008-00002 PAGE 3 OF 10 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 on April 11, 2008: Tigard Library, Tigard City Hall, Tigard Permit Center, and at the subject roperty on SW 153 Avenue. The City published notice of the hearing in The Tigard Tualatin Sherwood Times for two successive weeks (May 8, 2008 and May 15, 2008) prior to the May 27, 2008, public hearing. The City also mailed notice to all interested parties and surrounding property owners ie500 feon a62007. In adf interested parties orgaed by graphy. otice as med to interesty 6, 2008, including formr memers of Citizen Involvement Team West. Staff finds that this policy is met. Goal 11.1 dated : Public Facilities and Services. Policy 4. The City shall require the property to be located within the city limits prior to receiving City stormwater services. A single-family home exists on the subject parcel and the owners do not have immediate plans to develop the property with more dwelling units. If or when the parcel develops, the parcel will already be inside city limits and will be required to receive City stormwater services. Therefore, this policy is met. Goal 11.3 (LJpdated): Public Facilities and Services. Policy 6. The City shall require the property to be located within the city limits prior to receiving City wastewater services. A single-family home exists on the subject parcel and the owners do not have immediate plans to develop the property with more dwelling units. If or when the parcel develops, the parcel will already be inside city limits and will be required to receive City sewer services. Therefore, this policy is met. Policy 10.1.1 (Non-updated): 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. As addressed under 18.320.020 above, adequate service is available to the proposed annexation territory. Upon annexation, the subject pro erty will be zoned R-7, a Medium-Density Residential zone, with a minimum lot size of 5,000 square Eeet. The subJ'ect parcel is 3.66 acres. Based only on property size, it would have an estimated maximum density of 25 residential units'. However, sensitive land areas on the parcel (steep slopes and a stream) will reduce the maximum density. Based only on the available information, staff estimates that the net developable area of the property to be 1.74 acres with a maximum density of 12 units. Any proposed development will be required to connect to public service facilities, such as sewer, storm drainage and water, and provide the necessary street improvements. Based on findings by City staff, there is adequate ca aitty to serve the annexation area (water, sewer, drainage, streets, police, fire protection) if developed tot residential units. However, development is unlikely without a sewer connection in close proximity. The existing connection is near the north end of SW Sunrise Lane. Bringing the sewer line into Sunrise Lane and to the subject parcel (well over 2,000 feet) would be too cost)y. Development of the subject parcel will be mote feasible when a sewer connection is brought closer to the property through the development of the approved Sunrise Lane Subdivision (SUB2007-00008), which has been required to extend sewer and storm lines into Sunrise Lane. When the Sunrise Lane Subdivision property develops, the proposed annexation area may be able to develop In conclusion, the City's services have adequate capacity to serve the subject property if developed to the most intense use allowed; however, development will only be possible when some of the service connections (particularly sewer) are brought closer to the property through nearby development within the City. Staff concludes that there is adequate capacity to serve the ro osed territory water sewer, draina e streets police. fire protection if develo e to e density errriitted and the ro osed annexation will not significantly reduce the level of services available to developed and undeveloped land within the City of 1 Using formula for density calculation in Chapter 18.715 of the Development Code. PHELPS ANNEXATION ZCA2008-00002 PAGE 4 OF 10 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. Some urban services are already available for the proposed annexation territory; others are available nearby and would require connections from the proposed annexation area if the properties are developed in the future. c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within the Urban Growth Boundary upon annexation. The proposed territory is within the Tigard Urban Planning Area and within the City's Urban Growth Boundary. Upon annexation, urban services will be provided as outlined in the Washington County- Tigard Urban Planning Area Agreement, Tigard Urban Services Agreement and current City policies. Staff finds that this policy is met. Policy 10.1.2 (Non-updated): Urbanization. Appproval 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 ofInterest and is contiguous to the City boundary; e) The annexation can be accommodated by the services listed in 10.1.1(a). a) The subject parcel is contiguous to the City and is part of a pocket of unincorporated territory that is the Tigard Urban Services Area and Tigard Area of Interest. The property on SW 153`a Avenue is contiguous to the City by a point in the northwest corner of the parcel. The proposed right-of- way on SW 153 Avenue is contiguous to the subject property. Therefore, annexing the subject parcel and adjoining right-of-way would help to reduce a pocket of unincorporated territory. b) The proposed annexation will not create an irregular boundary that will make it difficult for the police to locate a parcel in an emergency situation. The Police Department identifies properties by address and the locations of the subject properties are clear. c) The City of Tigard Police Department has commented and has no objections to the proposed annexation. d) The UPAA (2006) includes the proposed annexation territory within Tigard's Area of Interest. The proposed annexation territory is contiguous to the City. e) Lastly, as section 10.1.1.(a~ (non-updated version) demonstrated, the annexation can be accommodated by the following services: water, sewer, drainage; streets; police; and fire protection. Items a through e have been met. Therefore, staff finds that the proposed annexation meets Policy 10.1.2. Poli10.1.3 (Non-undated): Urbanization. Upon annexation of land into the City which carries a Washington ountyzoning designation, the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the county zoning designation. Section 18.320.020.C of the Community Development Code provides specifics on this conversion. See Table 18.320.1 on the following page: PHELPS ANNEXATION ZCA2008-00002 PAGE 5 OF 10 TABLE 320.1 CONVERSION TABLE FOR COUNTY AND CITY PLAN AA'D ZONING DESIGNATIONS A\'ashington County Land Use City of Tigard Zoning City of Tigard DistrictslPlan Designation Plan Designation R-5 Res. 5 units/acre R4.5 SFR 7,500 sq. ft. Low density 1-5 units/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 wets/acre Med. density 6-12 runts/acre. R-12 Res. 12 units/acre R-12 Multi-family 12 units/acre Med. density 6-12 units/acre R-15 Res. 15 units/acre R-25 Multi-family 25 wutslacre Medium-High density 13-25 units/acre R-24 Res. 24 units/acres 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 Industrials The subject parcel is zoned R-6 by Washington County. Table 320.1 summarizes the conversion of the County's plan and zoning desi~gnations. R-6 County zoning converts to the Ci 's R-7 zoning. As this is a Zone Change Annexation (ZCA) application, upon approval and execution o7le proposed annexation, the subject arcel will automatically convert to R-7 zoning. In addition, the City's Comprehensive Plan designation ~or medium-density residential will. be applied to the properties. 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 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). t~ 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, the City of Tigard R-7 zoning district is the most similar to Washington County's R-6 zoning district. The subject property is currently zoned R-6 and will automatically be zoned R-7 upon annexation. This zone conversion will occur concurrently with the annexation process. There have been no requests for zoning other than R-7. PHELPS ANNEXATION ZCA2008-00002 PAGE 6 OF 10 City. of Tigard Community Development Code 2. Capter 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 20 days prior to the hearing 1: m and to publish notice at least 10 business days prior to the hearing; the City mailed notice on Mal, 6, 2008, and published public notice in The Tigard Tualatin Shenvood Times for two successive weeks (May 8, 2008 & May 15, 2008) prior to the May 27, 2008, 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 Compprehensive 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 is, therefore, in compliance with state planning goals. 2. Any federal or state statutes or regulations found applicable; ORS 222: State law (ORS 222.120(4)(b), ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous territory w en owners of land in the proposed annexation territory submit a petition to the legislative body of the city. In addition, ORS 222.111(2) allows for a city to act on its own motion to annex contiguous territory. A city is not required to hold an election for such an annexation if it follows the noticing procedures for a public hearing per ORS 222.120. ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and Erovide public notice to be published once each week for two successive weeks prior to the day of the eating, 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 45 days prior to the hearing. Both owners of the subject parcel have signed a petition for annexation to the City. The subject parcel is contiguous to the City's boundary. The City has acted on its own motion to annex the right-of--way on SW 153`d Avenue, which adjoins the subject property. The City published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (Ma 8, 2008 & May 15, 2008) prior to the May 27, 2008, public hearing and posted the hearing notice for public view on April 11, 2008: Tigard Library, Tigard City Hall, Tigard Permit Center, and at the proposed territory on SW 153`d Avenue. Staff finds that the provisions of ORS 222 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 this report is available 15 days before the hearing (May 12, 2008 for an May 27, 2008, hearing). Staff has determined that the applicable METRO regulations (Metro Code 3.09.040 & d have een met based on the following fifidings: Metro 3.09.040 (bl (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 the affected territory. PHELPS ANNEXATION ZCA2008-00002 PAGE 7 OF 10 (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 parties; As addressed previously in this report, the annexation proposal complies with all applicable provisions of urban service provider agreements, UPAA (2006); and TUSA (2006). (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 goals and policies of the City of Tigard Comprehensive Plan and urban service provider agreements (UPAA (2006) and TUSA (2006). 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 party; and The proposed territory will remain within Washington County but will be required to be withdrawn from the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District and the Tigard Water District upon completion of the annexation. (5) The proposed effective date of the decision. The public hearing will take place May 27, 2008. If the Council adopts findings to approve ZCA2008- 00002, the effective date of the annexation will be 30 days later on June 26, 2008. 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; As addressed previously in this application, the proposed annexation complies with all applicable provisions of urban service provider agreements (UPAA (2006) and the TUSA (2006)). The proposed annexation is in the Area of Interest and Urban Service Area, which are subject to the UPAA and TUSA. The agreements state that the County and City will be supportive of annexations to the City. Therefore, the proposed annexation is consistent with these agreements. 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 UPAA (2006) 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 annexation proposal is consistent with this agreement. As previously stated in this report, this proposal meets all applicable City of Tigard Comprehensive Plan provisions. This criterion is satisfied. PHELPS ANNEXATION ZCA2008-00002 PAGE 8 OF 10 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 Metro Code 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 TUSA (2006), which ensures the timely, orderly, and efficient extension of public facilities and urban services; it is contiguous 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 proposed territory is 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 18.390.060) 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. The Development Code and Municipal Code will apply to the proposed territory if or when it develops. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Public Works Department reviewed the proposal and has no objections. The City of Tigard Police Department has reviewed the proposal and has- no objections. The City of Tigard Development Review Engineering Division was provided the opportunity to comment on the annexation, but did not comment. SECTION VIII. AGENCY COMMENTS Clean Water Services (CWS) has reviewed the proposal and provided its general policies regarding sewer and stormwater connection for future residential development. PHELPS ANNEXATION ZCA2008-00002 PAGE 9 OF 10 SECTION IX. PUBLIC COMMENTS The City mailed notice surrounding property owners within 500 feet and all interested parties on March 18, 2008. As of the date of this report, staff has not received any written comments. 5/12/2008 ARE y Eng DATE Assistant Planner CA-1 5/12/2008 REVI WED BY: Richard Bewersdor DATE Planning Manager PHELPS ANNEXATION ZCA2008-00002 PAGE 10 OF 10 a AGENDA ITEM No. 4 Date: May 27, 2008 PUBLIC HEARING TESTIMONY SIGN-UP SHEET Please sign on the following page(s) if you wish to testify before City Council on: PHELPS ANNEXATION (ZCA 2008-00002) REQUEST: Annexation of two (2) parcels on SW 153d Avenue (Tax Lot 1000) and SW Sunrise Lane (Tax Lot 60 ) totaling 5.82 acres to the City ~of Tigard. In addition, the City proposes to include the right-of-way on SW 153 iAvenue from the point adjoining Tax Lot 1000 to the right-of-way on SW Bull Mountain Road. The ri ht-of- way adjoining Tax Lot 600 on SW Sunrise Lane is already within the City's -boundary. All owners of the subject parcels have consented to the annexation. Both parcels are contiguous to the City. LOCATION: 15305 SW 153 d Avenue and 15110 SW Sunrise Lane- Washin ton County Tax Map (WCTM) 2S108AB, Tax Lot 1000, and WCTM 25~105DC, ax Lot 6Q0. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 4 Date: May 27, 2008 PLEASE PRINT Pro onent - (Speaking In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. i tIv May 13, 2008 a 7 g I ~cc 61~G -~s~, Tigard City Council c/o Ms: Emily Eng, Planner City of Tigard, Planning Department 131.25 Hall Boulevard Tigard, OR 97223 Re: Zone Change Annexation (ZCA) 2008-00002, Phelps Dear Councilors, My wife and I have no objection. Whatsoever to the annexation of David and Jeanette Phelps' property (15305 SW 153`d Avenue into the City of Tigard. However, we do object to the annexation of our street, 153' Avenue. Since the annexation of the street is not necessary to the annexation of the Phelps' property, we request that 153`d Avenue not be annexed at this time. If, at some point in the fixture, our property were to be annexed to the City of Tigard, we would concui" that the annexation of the street would be I appropriate. However, to & so at thistime would have our lot, currently in the unincorporated area. of Washington County, accessed and fronted by a street in another jurisdiction . We believe this to be not only unnecessary to the Phelps annexation, but also inappropriate. j Again, we support the application by the Phelps', but object to the annexation of our street, 153`d Avenue. I Sincerel ' i Christine and David Dunn 15295 SW Bull Mountain Road (situs on 15P Avenue) cc: David. and Jeanette Phelps j James and Marti Willis Greg and Linda Parsons Kathy I.ehtola, Director, Department of Land Use and Transportation, Washington County, OR I i I I THE PUBLIC HEARING ON THIS .MATTER WILL BE CONDUCTED IN ACCORDANCE '%YATH THE RULES ' OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY TI-IE TIGARD QTY COUNCIL AND AVAILABLE AT CITY HALL ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 243 (VOICE) OR 503-654-2772 ('TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THANI ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE CITY COUNCIL '%ILL RECEIVE A STAFF REPORT PRESENTATION FROM THE QTY PLANNER, OPEN THE PUBLIC I BARING, AND INVITE BOTH.ORAL AND W91117EN TESTIMONY. THE aTY COUNCIL MAY' CONTINUE THE PUBLIC HEARING TO. ANOTHER MEETIN3 TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE. THE PUBLIC HE ARING AND TAKE ACTION ON THE APPLICATION. INCLUDED IN THIS NOTICE. IS A LIST OF APPROVAL QUTERIA,:APPLIC.ABLE TO THE REQUEST FROM TI-1E TIGAARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THF. REQUEST BY THE CITY COUNCIL WILIL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE .HEARING IT IS IMPORTANT. THAT COMMENDS RELATING TO THE REQUEST PERTAIN SPECIFICALI Y TO THE APPLICABLE CRITERIA LISTED. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE. ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO C0ST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25fi) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. IF YOU WANT TO INSPECT THE FILE, PLEASE CALL AND MAKE AN APPOINTMENT WITH EITHER THE PROJECT PLANNER OR TFIE PLANNING TECHNICIANS. AT LEAST FIFIZEN (15) DAYS PRIOR TO THE HEARING. A. COPY OF THE STAFF REPORT WILL. BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25,~) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF TEE REQUEST. FOR FUR'T'HER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER, EMILY ENG AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD. TIGARD, OREGON 97223, OR BY ENTAIL TO emil, ti~axri-or.gov. 1 VICINITYMA.. . CITY OF TIGARD ZCA2008 ooooz - PHELPS ANNEXATION 1 C -Bound ~ SUB)Ecrsim. Proposed Propeit~F: to be Amx-xcd Proposed Right-of-Way ' ' - to be Am cud WASHI R' COUNT 14 1 \o? I --~1 Jf ..r. ,brM wnl l . M tMvebpmtM Plot dots: May 6. 2006: CYMpkVAA0l= M 3 EXHIBIT A y Nrj ~5 re V) ian Phelps Annexation Description eon °C The following described property being located in the northeast one-quarter of Section 8, Township 2 South, Range 1 West, of the Willamette Meridian, Washington County, Oregon being more particularly described as; Beginning at a point being the northeast corner of lot 3, plat of "Wonder View Estates"; Thence from said point of beginning S 89° 49'W 296.40 feet to the northwest corner of said lot 3; Thence S 21 ° 42' 15" E 287.08 feet to an angle point on the west line of said lot 3; Thence S 00° 05' W 290.00 feet along said west line to a point of curve on the north right- of-way of SW 153`d Avenue; Thence along a 40 foot curve to the right to a point of intersection on said right-of-way that measures 20.00 feet easterly and parallel with the southerly extension of the last stated course; Thence leaving said right-of-way line N 00° 05' E 21.90 feet more or less to a point; Thence S 65° 52' E 243.40 feet to a point; Thence N 89° 49' E 60.10 feet more or less to a point on the east line of said lot 3; Thence N 00° 05' E 43.26 feet more or less to the northwest corner of lot 6, plat of "Wonder View Estates"; Thence N 89° 49'E 38.08 feet along the north line of said lot 6 to a point; Y dC mod. Thence N 00° 05' E 200.00 feet to a point eing 15.00 feet east of an angle oint on the east line of said lot 3; . &art &S+cWt Lc- a 1b c~_ he.r,e Thence leaving the east line of said lot 3 N 02° 51' '15" W 195.21 feet to a point; Thence S 89° 49'W 5.00 feet to a point on the east line of said lot 3, being 205.00 feet to the point of beginning-, Thence N 00° 05'E along east line of said lot 3, 205.00 feet to the point of beginning. Containing 3.66 acres, more or less. 4969dQ' r AJO. EXHIBIT A i I Property Description for Map 2S108AB, Tax Lot 1000 The following described property being located in the northeast one-quarter of Section 8, Township 2 South, Range 1 West, of the Willamette Meridian, Washington County, Oregon being more particularly described as; Beginning at a point being the northeast corner of lot 3, plat of "Wonder View Estates"; Thence from said point of beginning S 89° 49'W 296.40 feet to the northwest corner of said lot 3; Thence S 21 ° 42' 15" E 287.08 feet to an angle point on the west line of said lot 3; Thence S 00° 05' W 290.00 feet along said west line to a point of curve on the north right- of-way of SW 153`d Avenue; Thence along a 40 foot curve to the right to a point of intersection on said right-of-way that measures 20.00 feet easterly and parallel with the southerly extension of the last stated course; Thence leaving said right-of-way line N 00° 05' E 21.90 feet more or less to a point; Thence S 65° 52' E 243.40 feet to a point; Thence N 89° 49' E 60.10 feet more or less to a point on the east line of said lot 3; Thence N 00° 05' E 43.26 feet more or less to the northwest comer of lot 6, plat of "Wonder View Estates"; Thence N 89° 49' E 38.08 feet along the north line of said lot 6 to a point; Thence N 00° 05' E 200.00 feet to a point on the east line of lot 3, of said plat; Thence S 89° 49' W 134.00 feet to a point being 15.00 feet east of an angle point on the east line of said lot 3; Thence leaving the east line of said lot 3 N 02° 51' 15" W 195.21 feet to a point; Thence S 89° 49'W 5.00 feet to a point on the east line of said lot 3, being 205.00 feet to the point of beginning; Thence N 00° 05' E along east line of said lot 3, 205.00 feet to the point of beginning. Containing 3.66 acres, more or less. May 27, 2008 Aget)oK 4-f Tigard City Council c/o Ms. Emily Eng, Planner City of `Tigard, Planning :Department 131.25 Hall Boulevard Tigard, OR 97223 Re: Zone Change Annexation (ICA) 2008-00002, Phelps Dear Councilors, Let it be known that we have no objection to the annexation of David and Jeanette Phelps' property (15305 SW 153"1 Avenue) into the City of Tigard. However, we do object to the annexation of our street, l 5JI Avenue. Since the annexation of the street is not necessary to the annexation of the Phelps' property, we request that 153r Avenue not be annexed at this time. I.f, at some point in the future, our property were to be annexed to the city of Tigard, we would concur that the annexation of the street N ould be appropriate. However, to do so at this time would have our lot, currently in the unincorporated area of Washington County, accessed and .fronted by a street in another jurisdiction. We believe this to be not only unnecessary, to the Phelps annexation, but also inappropriate. Again, we support the application by the Phelps', but object to the annexation of our street, 1.53x`' Avenue. Sincerely, r, ~ 4 O Jim and Marti Willis 15285 SW Bull Mountain. Road Tigard, Or 97224 (sit-us on 153`d Avenue) cc: David and Jeanette Phelps David and Christine 13will C reg and Linda :Parsons Kathy Lehtola, Director, Department of Land Use and 'Transportation, Washington County, OR. May 13, 2008 ,a 7 © g ?ct b& - es>L , Tigard City Council c/o Ms. Emily Eng, Planner City of Tigard, Planning Department 13125 Hall Boulevard Tigard, OR 97223 Re: Zone Change Annexation (ZCA) 2008-00002, Phelps Dear Councilors, My wife and 1. have no objection whatsoever to the annexation of David and Jeanette Phelps' property (15305 SW 1.53`d Avenue into the City of Tigard. However, we do object to the annexation of our street, 153` Avenue. Since the annexation of the street is not necessary to the annexation of the Phelps' property, we request that 153`a Avenue not be annexed at this time. If, at some point in the future, our property were to be annexed to the City of Tigard, we would concur that the annexation of the street would be appropriate. However, to do so at this time would have our lot, currently in the unincorporated area of Washington County, accessed and fronted by a street in another jurisdiction . We believe this to be not only unnecessary to the Phelps annexation, but also inappropriate. Again, we support the application by the Phelps', but object to the annexation of our street, 153`d Avenue. Sincerel _ Christine and David Dunn ~ 15295 SW Bull Mountain Road (situs on 153`d Avenue) cc: David and Jeanette :Phelps James and Marti Willis Greg and Linda Parsons .Kathy Lehtola, Director, Department of Land Use and Transportation, Washington County, OR I I THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORI)ANCE WITH JIM RULES OF CHAPTER 18.390 OF HE, C NIKUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISM,TE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE 01Y WILL. ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTT`RPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 503-639-41.71, EXT. 2433 (VOICE) O.R. 503-684-2772 (TIOD - TELECOMMUNICATIONS DEVICES FOR THE DEAD NO LESS THAN ONE WEEF," PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT )X/RITTEN TESTIMONY ON TLIIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBI..IC HEARINTG. ORAL TESTIMON-Y MAY BE PRESENTED AT THE PUBLIC HEARING. AI' "ITIE PUBLIC HEARING, THE CITY COUNCIL WILL ItI CEIVE A STAFF RE.POF:T PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WR!I'17ENT TESTIMONY. THE CITY COUNCIL MAY CONTTNTUE THE PUBLIC HEARING 'T'O ANOTI-iER MEETIN" TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING .AND TAKE ACTION ON THE APPLICATION. INCLUDED IN `THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE "CO THE REQUEST FROM 11-1E, TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF "THE REQUEST BY THE CITY ODUNaL WILL BE BASED UPON, THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICAI LY'.l'O'TIIE APPLICABLE CRITERIA LISTED. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE! AVAILABLE FOR INSPECTION AT NO CO-)ST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (254) PER PAGE, OR THE CURRENT RATE Cl- ARGED FOR COPIES AT TFIE TIME OF TT-T REQUEST. IF YOU WANT TO INSPECT THE FILE, PLEASE CALL AND MAKE AN APPOIN .NIEN T VZTH EITIIER'THE PROJECT PLANNER OR THE PLANNING TECI-MCIANS. AT LEAST FIFTEEN (15) DAYS PRIOR TO "IHE HEARING. A COPY OF THE STAFF REPORT WILL, BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (254) PER PAGE, OR THE CUR EN ' RATE CHARGED FOR COOPIES AT THE TIME OF fl-IE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER, EMILY ENG AT 503-639-4171, TIGARD CITY HALT., 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY EMAIL TO emily(a tiigard-or.gov. ~ i "l..C;A2008-00002 CITY OF TIGARD PHELPS . --1 ANNEXATION J _ T SUBJECr SITE Proposed llropcrtyto be Armexed Proposed Right-of. Vla - to be Annexed iINUASHINGZON COT NTY - - M awp- - `-viu dim: may 6.2008: c'w,.c'I a APTi EXHIBIT A Y. Phelps Annexation Description T'he following described property being located in the northeast one-quarter of Section 8, Township 2 South, Range 1 West, of the Willamette Meridian, Washington County, Oregon being more particularly described as; Beginning at a point being the northeast corner of lot 3, plat of "Wonder View Estates"; Thence from said point of beginning S 89° 49'W 296.40 feet to the northwest corner of said lot 3; Thence S 21 ° 42' 15" E 287.08 feet to an angle point on the west line of said lot 3; Thence S 00° 05' W 290.00 feet along said west line to a point of curve on the north right- of-way of SW '153`d Avenue; Thence along a 40 foot curve to the right to a point of intersection on said right-of-way that measures 20.00 feet easterly and parallel with the southerly extension of the last stated course; Thence leaving said night-of-way line N 00° 05' E 21.90 feet more or less to a point; Thence S 65° 52' E 243.40 feet to a point; Thence N 89° 49' E 60.10 feet more or less to a point on the east line of said lot 3; "Thence N 00° 05' E 43.26 feet more or less to the northwest corner of lot 6, plat of "Wonder View Estates"; Thence N 89° 49'E 38.08 feet along the north line of said lot 6 to a point; de Thence N 00° 05' E 200.00 feet to a point ein 15.00 feet east of an angle Point ion the east line of said lot 3; Heart A- d.C S+CW c. e. a d l C-1 har e. Thence leaving the east line of said lot 3 N 02° 51' 15" W 195.21 feet to a point; Thence S 89° 49' W 5.00 feet to a point on the east line of said lot 3, being 205.00 feet to the point of beginning; Thence N 00° 05' E along east line of said lot 3, 205.00 feet to the point of beginning. Containing 3.66 acres, more or less. EXHIBIT A Property Description for Map 2S108AB, Tax Lot 1000 The following described property being located in the northeast one-quarter of Section 8, Township 2 South, Range 1 West, of the Willamette Meridian, Washington County, Oregon being more particularly described as; Beginning at a point being the northeast corner of lot 3, plat of "Wonder View Estates"; Thence from said point of beginning S 89° 49'W 296.40 feet to the northwest corner of said lot 3; Thence S 21 ° 42' 15" E 287.08 feet to an angle point on the west line of said lot 3; Thence S 00° 05' W 290.00 feet along said west line to a point of curve on the north right- of-way of SW 153`d Avenue; Thence along a 40 foot curve to the right to a point of intersection on said right-of-way that measures 20.00 feet easterly and parallel with the southerly extension of the last stated course; Thence leaving said right-of-way line N 00° 05'E 21.90 feet more or less to a point; Thence S 65° 52' E 243.40 feet to a point; Thence N 89° 49' E 60.10 feet more or less to a point on the east line of said lot 3; Thence N 00° 05' E 43.26 feet more or less to the northwest corner of lot 6, plat of "Wonder View Estates"; Thence N 89° 49'E 38.08 feet along the north line of said lot 6 to a point; Thence N 00° 05' E 200.00 feet to a point on the east line of lot 3, of said plat; Thence S 89° 49'W 134.00 feet to a point being 15.00 feet east of an angle point on the east line of said lot 3; Thence leaving the east line of said lot 3 N 02° 51' 15" W 195.21 feet to a point; Thence S 89° 49'W 5.00 feet to a point on the east line of said lot 3, being 205.00 feet to the point of beginning; Thence N 00° 05' E along east line of said lot 3, 205.00 feet to the point of beginning. Containing 3.66 acres, more or less. Phelps Annexation Agenda Item #4 - May 27, 2008 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. 1:\ADM\Cathy\CCA\quasi judicial rules of procedure\Rules of Procedure - City Attorney Q Statement - Phelps Annexation - May 27, 2008.doc Agenda Item # Meeting Date May 27, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consider Resolution Urging Legislative Review of Certain Portions of Recently Adopted Ethics Laws Prepared By: C. Wheatley Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City Council adopt a resolution urging legislative review of certain portions of the recently adopted Ethics Laws? STAFF RECOMMENDATION Adopt the proposed resolution, which urges the Governor and the Legislature to expedite their efforts to review the recently enacted legislation amending the ethics laws and work with organizations such as the League of Oregon Cities to make the changes needed to remove the unintended consequences of the legislation. KEY FACTS AND INFORMATION SUMMARY • The Oregon Legislature recently adopted legislation based upon Senate Bill 10 and House Bill 2595 incorporating new ethics law provisions governing the conduct of public officials in the State of Oregon. • The recently adopted legislation set forth new requirements for public officials who, in the past, were required to file an annual Statement of Economic Interest. • The Tigard City Council is supportive of high ethical standards and the requirement to file an annual economic statement as required in recent years. • Apprehension and objections to certain provisions of the new requirements have been identified by City of Tigard public officials and include the following concerns: 1. Responding to recent problems at the state level, the State Legislature adopted additional ethics laws focusing on volunteers and officials at the local level. 2. Requiring information on relatives not living in the public official's household is an invasion of privacy of family members not living with officials or volunteers. 3. Posting Statement of Economic Interest information on the Internet is a substantial invasion of privacy issue. 4. Emphasizing punitive consequences in the Statement of Economic Interest filing forms represents a presumption of guilt to hundreds of volunteers providing vital services to Oregon towns and cities. 5. Requiring economic interest statement forms to be filed on a quarterly basis represents a hardship given the significant demands on the time and attention of public officials who are usually volunteers at the local level. 6. Increasing obligations and disclosure requirements will discourage potential volunteers who would otherwise consider serving as a public official for the City. 7. Exempting volunteers who serve on similar governmental boards or agencies such as school district boards and special districts appears to be arbitrary. OTHER ALTERNATIVES CONSIDERED Amend the proposed resolution. CITY COUNCIL GOALS Promote and honor good citizenship in Tigard. ATTACHMENT LIST Proposed resolution. FISCAL NOTES N/A I:\ADM\Packet'08\080527\Resoludon Ethics Review AIS.doc Agenda Item # Meeting Date COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consider Amending the Procedures for Nomination of Mayor and City Council Candidates M n~ Prepared By: C. Wheatley Dept ead Approval: CR City Mgr Approval: l~ ISSUE BEFORE THE COUNCIL Should the City Council amend the procedures for nomination of Mayor and City Council candidates? STAFF RECOMMENDATION Adopt the proposed ordinance amending Section 2.40 of the Tigard Municipal Code, the proposed resolution approving the notification and acceptance of nomination form, and the proposed resolution setting the nomination filing fee at $50. KEY FACTS AND INFORMATION SUMMARY • On March 11, 2008, the Tigard City Council adopted Resolution No. 08-09 establishing and appointing members to the Council Service Task Force. • The Council Service Task Force was requested by the Tigard City Council to review the nomination procedure and make recommendations on procedural changes to attract Mayor and Council candidates. • On April 22, 2008, the Council Service Task Force presented its recommendations to the Tigard City Council including proposed changes to the nomination procedure for City of Tigard Mayor and Council candidates. • The Council Service Task Force members reported that the Mayor and Councilor candidate nomination process might be viewed as too cumbersome by potential candidates. • The Council Service Task Force members reached consensus that if the nomination process was changed to require 20 signatures accompanied by a $50 filing fee, this would demonstrate a satisfactory level of commitment by a potential candidate. • Section 31 of the Tigard City Charter specifies that the procedures for nomination and election for elective positions shall be governed by the election laws of the State of Oregon, or by City ordinances if such ordinances are not inconsistent with state law. • The City Attorney has reviewed the proposed resolution and ordinance. OTHER ALTERNATIVES CONSIDERED Make revisions to the ordinance and resolution. CITY COUNCIL GOALS Promote and Honor Good Citizenship in Tigard: This action by the City Council represents a continuing effort to encourage Tigard citizens to become active in their City government. The updated Mayor and City Councilor nomination process is a procedural change to attract candidates. ATTACHMENT LIST 1. Proposed Ordinance (with Exhibit A) 2. Proposed Resolution to approve the formats for the notification of nomination and acceptance of nomination form (with Exhibit A) 3. Proposed Resolution to set the nomination filing fee at $50 FISCAL NOTES N/A I:\ADM\Cathy\PR0JECTS\Counci1 Service Task Force 2008\AIS - Nominating Procedure Changes.doc • TIGARDvCITY COUNCIL N,QTICE OF JOINT MEETING WITH TIGARD- `TUALATIN"SCHOOL DISTRICT AND CITY` OF TUALATIN ,x 6:00 P.M:* MAY 29, 2008 TUALATIN POLICE TRAINING ROOW 8650 SW TUALATIN ROAD TUALATIN, OR 97034 *Council will be meeting for an iinformal BBQ at 6:00 p.m., Joint M' eeting will begin at 6:30 p.m _ NOTICE Tigard City Council will attend a joint Meeting with the Tualatin City Council and the Tigard-Tualatin School District Board at Tualatin Police Department Training Room, 8650 SW Tualatin Road, Tualatin OR . at 6:30 p.m. on May 29, 2008* * Informal BBQ at 6:00. Meeting will begin at 6:30 p.m. Please forward to: ❑ Newsroom, The Tunes (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-968-6061) ❑ Editor, The Regal Courier (Fax No. 503-968-7397) For further information, please contact Deputy City Recorder Carol Krager by calling 503-639-4171, ext. 2419. Deputy ity Recorder / Date: M414 C~z 6 Post: Tigard City Hall Tigard Permit Center Tigard Public Library A ' City of Tigard, Oregon Affidavit of Posting In the Matter of the Notification of the May 29, 2008 Joint meeting of the City Council STATE OF OREGON ) County of Washington ) ss. City of and I , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in ➢ Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon A copy of said Notification of the Joint Meeting of the Tigard City Council, Tualatin City Council and Tigard-Tualatin School District on May 29, 2008, and a copy of said Notice being hereto attached and by reference made a part hereof, on the day of 2008. I I 'r - , - .4/ Signature of Person w o Performed Noti ication Subscribed and sworn-Q mod) before me this day of 2008. OFFICIAL SEAL Signature of Notary Pub c for Oregon JILL M BYARS NOTARY PUBLIC - OREGON 019-ICKMIMISSION COMMISSION NO.427990 EXPIRES JUNE 14, 2012 City of Tigard, Oregon Affidavit of Notification In the Matter of the Notification of the May 29, 2008 Joint meeting of the City Council STATE OF OREGON ) County of Washington ) ss. City of Ti and ) I, ;'~6(11 Cr~/L e , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I notified by fax or e-mail the following: ➢ Newsroom, Tigard Times • ➢ Newsroom, The Oregoniar ➢ The Editor, The Regal Courill--*" A copy of said Notification of a Joint Meeting of the Tigard City Council with Tualatin City Council and Tigard-Tualatin School District on May 29, 2008 'and a copy of said Notice being hereto attached and by reference made a part hereof, on the. S~ day of 2008. Signa erson who Performed Notific- on Subscribed and sworn (&-rf xf~e) before me this day of M 12008. ~ Signature of Notary Pu c for Oregon MY COMt~11SCS ON EXPIRES ~ JUN427990 E 14.2012 y Carol Krager From: Carol Krager Sent: Wednesday, May 21, 2008 12:19 PM To: 'Editor@theregalcourier.com' Subject: Notice of Joint Meeting - Tigard & Tualatin City Councils/TTSD on May 29, 2008 Attachments: Carol Krager.vcf; Joint Meeting Notice.pdf Attached is a notice for a joint meeting to be held in Tualatin between the City Councils of Tigard and Tualatin and the Tigard-Tualatin School Board. City of Tigard PA Carol Krager A Deputy City Recorder ,t 13125 SVV Hall Blvd. Tigard, OR. 97223 (503) 718-2419 carolk@tigard-or.gov 1