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City Council Packet - 09/22/1992CITY OF TIGARD OREGON PUBLIC NOTICE. Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Administrator. 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 m 5:30 p.m. • STUDY SESSION Board and Committee Structure Discussion - Annexatiori Policy Discussion 7:30 p.m. 1. BUSINESS MEETING (7:30 P.M.) 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Call to Council and Staff for Non-Agenda Items 7:35 p.m. 2. PROCLAMATION - RECYCLING AWARENESS WEEK (OCTOBER 3-10,1992) • Mayor Edwards 7:40 p.m. 3. VISITOR'S AGENDA (Two Minutes or Less, Please) Q COUNCIL AGENDA - SEPTE14BER 22, 1992 - PAGE 1 7:50 p.m. C 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Budget Appropriations: a. Police Car Replacement b. Main Street Storm Drain 4.2 Local Contract Review Board Bid Awards: a. Main Street Reconstruction b. Burnham Street and Parking Lot Improvements C. Bonita Road and Hall Boulevard Traffic Signal 4.3 Approve Collective Bargaining Agreement - Oregon Public Employees Union (OPEU) - Resolution No. 92--~i 8:00 p.m. 5. ZONE CHANGE ANNEXATIONS ZCA 92-0005 BRUNEAU A request to annex one parcel consisting of 2.51 acres into the City of Tigard and to change the zone from Washington County R-6 (Residential, 6 units/acre) to City of Tigard R-7 (Residential, 7 units/acre). LOCATION: 13800 SW Fern Street (WCTM 2S1 413D, tax lot 1800) ZONE: R-7 (Residential, 7 units/acre) The R-7 zone allows single family attached/detached residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and accessory structures among other uses. • Open Public Hearing • Declarations or Challenges • Staff Report - Community Development Department • Public Testimony: NPO Proponents (Speaking for Annexation) Opponents (Speaking Against Annexation) • Staff: Response to Testimony and Recommendation to Council • Council Questions or Comments • Close Public Hearing • Consideration by Council: Resolution No. 92--qL; Ordinance No. 92-2L COUNCIL AGENDA - SEPTEMBER 22, 1992 - PAGE 2 8:20 p.m. 6. ZONE CHANGE ANNEXATION ZCA 92-0002 ANDERSON (NPO 3) A request to annex four parcels totalling approximately 7.7 acres to the City of Tigard and to change the zoning to City of Tigard zoning districts. The applicant requests that the western approximately 1.8 acres (tax lot 1600 and a portion of tax lot 2100) be changed from Washington County's R-6 (Residential, 6 units/acre) zone to the City's R-4.5 (Residential, 4.5 units/acre) zoning district. The 5.9 acre eastern portion of the site is requested to be changed from the County's R-6 zone to the City's R-25 (Residential, 25 units per acre) zone. The subject area is already within the City's planning area. The City Council recently approved a Comprehensive Plan Map Amendment to Medium- High Density Residential for the area that is requested to be rezoned R-25. LOCATION: South side of Bull Mountain Road, between 500 and 1100 feet west of Pacific Highway. • Open Public Hearing • Declarations or Challenges • Staff Report - Community Development Department • Public Testimony: NPO Proponents (Speaking for Annexation) Opponents (Speaking Against Annexation) • Staff: Response to Testimony and Recommendation to Council • Council Questions or Comments • Close Public Hearing • Consideration by Council: Resolution No. 92-5L; Ordinance No. 92- ?Jo 8:45 p.m. 7. COUNCIL CONSIDERATION - PARKING RESTRICTIONS ON A PORTION OF SW 87TH AVENUE a. Staff Report - Engineering (Continued from 9/8/92) b. Council Consideration - Ordinance No. 92-2_-] 9:10 p.m. 8. NON-AGENDA ITEMS 9:20 p.m. , 9. ADMINISTRATIVE REVIEW/UPDATE • City Administrator 9:30 P.M. 10. EXECUTIVE SESSION: The Tigard Cky Council provisions of ORS 192.660 (1) (d), (e), & (h) transactions, current and pending litigation issues. 9:40 p.m. 11. ADJOURNMENT H:\RECORDER\CCA\CCA0922.92 will go into Executive Session under the to discuss labor relations, real property COUNCIL AGENDA - SEPTEMBER 22, 1992 - PAGE 3 Council Agenda Item TIGARD CITY COUNCIL MEETING MINUTES - SEPTEMBER 22, 1992 Meeting was called to order at 5:35 p.m. by Mayor Edwards.. 1. ROLL CALL Council Present: Mayor Jerry Edwards; Councilors Judy Fessler, Valerie Johnson, Joe Kasten, and John Schwartz (arrived at 5:50 p.m.). Staff Present: Patrick Reilly, City Administrator; Ed Murphy, Community Development Director; Liz Newton, Community Relations Coordinator; Jim Coleman, Legal Counsel; Jo Hayes, Executive Secretary; and Randy Wooley, City Engineer. STUDY SESSION Annexation Policy: City Administrator briefly outlined the issues as discussed at Council retreat earlier this year. Community Development Director defined terminology relating to the annexations. He also summarized the proposed pro-active annexation policy, recommending that Council establish the Walnut Island, Fern and 135th, and the SE Bull Mountain areas as the top priorities for any annexation efforts. Staff resources should be allocated to initiate ongoing dialogue with the residents and property owners within those areas. The Council should annex all or part of the Walnut island when a majority of the registered voters and land owners within the island consent to being annexed. Council noted the Annexation Policy should encompass Washington County's position on urban service delivery which is included in the County 2000 document. State Legislature views regarding annexation and consolidation as a result of Measure 5 were discussed. Community Development Director discussed: The City Council desire to have people come into the City voluntarily, and to come into the City with the intention of being a positive, contributing member of the full community. The general approach the City Council favors towards annexation is one of mutual consent between a majority of the City Council and a majority of the residents within the area proposed to be annexed. CITY COUNCIL MEETING MINUTES - SEPTEMBER 22, 1992 - PAGE 1 • The City Council position to extend urban services to newly annexed areas in a way that is responsive to the needs of that area, yet without diminishing the level of service to the rest of the City that is already incorporated. Question arose as to what happens when the City does not have mutual consent from citizens? Council agreed the City needs to be prepared to answer questions from the community, including roads, sewers, tree preservation, etc. Possibly a questionnaire could be generated, as well as meetings held at City Hall. Discussion followed regarding financial impacts of annexation on the City and individual property owner, including tax base, surface water management fees, police service, street maintenance, street lighting, and street sweeping. Council's past practices and policies were reviewed. Reference was made to the October 7, 1988 letter from Mayor Tom Brian to the Walnut Area Residents stating, .....the Tigard City Council does not intend to unilaterally annex the Walnut Island." This letter is a main concern to Council, and needs to be discussed further. Consensus of Council was that we have a good beginning, but more work is needed. Council will discuss the issue at the October 27, 1992 5:30 p.m. Study Session. Agenda Review: Council reviewed the following agenda items: Consent Agenda: Item 4.1(a) - Police Car Replacement. Finance Director explained reimbursement from the insurance company. Item 4.2(a) - Main Street Construction. City Engineer answered questions regarding decision to reconstruct only this portion of Main Street. This item will be pulled from Consent Agenda and discussed by Council during the Business Meeting. Item 7 - Parking Restrictions on a Portion of SW 87th Avenue - will be discussed further during Business Meeting. Item 8 - Non-Agenda Item - Resolution fixing date, time and place for a Public Hearing on the question of withdrawal from Tigard Water District and authorizing City Administrator to expend City funds to cause a study of the impact of such a withdrawal. City Administrator discussed the advantages to proceed with the study by an engineering firm, as well as setting a date for the Public Hearing now. Question arose as to the reason for setting a Public Hearing before results of CITY COUNCIL MEETING MINUTES - SEPTEMBER 22, 1992 - PAGE 2 0 engineering study were received. Discussion followed, and Resolution will be brought up as Item 8, Non-Agenda Item during Business Meeting. Tigard Chamber of Commerce Leadership Seminar: Three applications received; two applicants live outside the City and one lives in the City of Tigard. Council supported Sue Carver as recipient of scholarship. Council appointed Valerie Johnson to represent City of Tigard at FOCUS on October 12, 1992. City Administrator left at conclusion of Study Session due to a family emergency. Recess: 7:20 p.m. Reconvene: 7:35 p.m. BUSINESS MEETING VIA • Mayor Edwards called the business meeting to order, noting that City Administrator Reilly was absent due to a family emergency. 2. Mayor Edwards read a Proclamation, proclaiming October 3 to 10, 1992 as the seventh annual Recycling Awareness Week. 3. VISITOR'S AGENDA: No visitors. 4. CONSENT AGENDA: Motion by Councilor Schwartz, seconded by Councilor Fessler to remove Council Agenda Item 4.2(a) from the Consent Agenda. Motion was approved by a unanimous vote of Council present. Motion by Councilor Kasten, seconded by Councilor Schwartz to approve the Consent Agenda as presented, with the exception of Item 4.2(a): 4.1 Budget Appropriations: a. Police Car Replacement - Resolution 92-46 b. Main Street Storm Drain - Resolution 92-47 4.2 Local Contract Review Board Bid Awards: b. Burnham Street and Parking Lot Improvements C. Bonita Road and Hall Boulevard Traffic Signal CITY COUNCIL MEETING MINUTES - SEPTEMBER 22, 1992 - PAGE 3 4.3 Approve Collective Bargaining Agreement - Oregon Public Employees Union 19 (OPEU) - Resolution No. 92-48 Council discussed Council Agenda Item 4.2(a) - MainStreet Reconstruction. Council voted unanimously to reject all bids on the Main Street Reconstruction, and ask ask Transportation Advisory Committee for another suggested project. staff to 5. PHRI In- LASA a. Public hearing was opened. . b. There were no declarations or challeng d• es. C. Community Davelop;rant Dire nor suMmarized staff report. Mr. Steve Bruneau, owner of the Property, reasons for applying for the annexationspoke to Council, giving them his e. Community Development Director answered questions from Co Discussion by Council followed re ardin unng islands and going on record with h the intenttto annex ~the island gAs creating not been the practice, Council noted concerns that the prope this has inside the island were not notified. rtY Hers f. Public hearing was closed. Motion was made by Councilor Schwartz and seconded by Councilor Fessler to approve Resolution 92-49, with the following amendment to Section 3: Section 3: The City Council hereby declares its intent to annex the island in the future. 9• RESOLUTION 92-49 A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS OUTLINED IN EXHIBIT "A" AND DESCRIBED IN EXHIBIT "B" ATTACHED ZCA 92-05 - BRUNEAU Motion was passed by a majority vote of Council present, with Councilor Johnson and Councilor Kasten voting no. Motion was made by Councilor Schwartz and seconded by Councilor Fessler to approve Ordinance 92-25. h. ORDINANCE 92-25 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 92-05) (BRUNEAU) AND DECLARING AN EFFECTIVE DATE. , Motion was passed by a majority vote of Council present, with Councilor J and Councilor Kasten voting no. ohnson CITY COUNCIL MEETING MINUTES - SEPTEMBER 22, 1992 - PAGE 4 6. PUBLIC HEARING- ZONE CHANGE ANNEXATION ZCA 92-0002 ANDERSON a. Public hearing was opened. b. There were no declarations or challenges. C. Community Development Director summarized the staff report. d. Mr. Roger Anderson, son of the property owner, commented that he and his mother were present to answer questions. e. Community Development Director answered questions from Council. f. Public hearing was closed. Motion by Councilor Kasten, seconded by Councilor Schwartz to approve Resolution 92-50. g. RESOLUTION 92-50 A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS OUTLINED IN EXHIBIT "A" AND DESCRIBED IN EXHIBIT "B" ATTACHED ZCA 92-02 ANDERSON Motion was passed by a unanimous vote of Council present. Motion by Councilor Kasten, seconded by Councilor Schwartz, to approve Ordinance 92-26. h. ORDINANCE 92-26 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE ZCA 92-02 ANDERSON AND DECLARING AN EFFECTIVE DATE. Motion was passed by a unanimous vote of Council present. 7. COUNCIL CONSIDERATION - PARKING RESTRICTIONS ON A PORTION OF SW 87TH AVENUE (continued from September 8, 1992) City Engineer gave staff report on the issue. Council discussed memo from Police Goodpaster regarding the parking restriction. David Emami, owner of the Joy Theater, answered Council's questions on the issue. City Engineer responded to questions from Council regarding enforcement of the time limits. Motion by Councilor Schwartz, seconded by Councilor Kasten to approve Ordinance 92-27. ORDINANCE 92-27 AN ORDINANCE AMENDING TMC 10.28 REGARDING PARKING RESTRICTIONS ON SW 87TH AVENUE BETWEEN PACIFIC HIGHWAY AND CENTER STREET. CITY COUNCIL MEETING MINUTES - SEPTEMBER 22, 1992 - PAGE 5 C.- Motion was passed by a unanimous vote of Council present. 8. NON-AGENDA ITEM: A resolution fixing date, time and place for setting a public hearing on the question of withdrawal from Tigard Water District, and authorizing City Administrator to expend City funds to cause a study of the impact of such a withdrawal. Motion by Councilor Kasten and seconded by Councilor Schwartz to approve Resolution 92-51. RESOLUTION 92-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD, OREGON, FIXING THE DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE QUESTION OF WITHDRAWAL FROM TIGARD WATER DISTRICT AND AUTHORIZING THE CITY ADMINISTRATOR TO EXPEND CITY FUNDS TO CAUSE A STUDY OF THE IMPACT OF SUCH A WITHDRAWAL. Motion was passed by a majority vote of Council present, with Councilor Johnson voting no. + 9. ADMINISTRATIVE REVIEW: None 10. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 8:40 p.m. under the provisions of ORS 192.660 (a) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. Executive Session Adjourned: 9:05 p.m. STUDY SESSION (continued) Discussion took place regarding City Council taking a stand on city-related ballot measures. Council informally took a stand as follows: Measure 26-1 No Measure 26-3 Yes Measure 2 No Measure 7 No Measure 9 3 against; 2 no position CITY COUNCIL MEETING MINUTES - SEPTEMBER 22, 1992 - PAGE 6 A discussion by Liz Newton on Board and Committee Restructure was postponed to the October 20, 1992 Council Study Session. Material will be available to Council at that time. Council discussed the Broadway Rose, and expressed unanimous consent to support it as a cultural contribution to the community. Question was raised as to status of Dartmouth. City Engineer reported we are ready to go to bid; orre permit is lacking, and City is waiting to finish administrative review. Bid award will take place next Spring. 11. ADJOURNMENT: 9:05 P.M. J yes, Ex cutive Secretary t~ Date: J 01131q--t h:\recorder\ccm\ccmO922.92 22 CITY COUNCIL MEETING MINUTES - SEPTEMBER, 1992 - PAGE 7 i~ CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss City of Tigard ) I, 1L 1.5 -T- P, I VI begin first duly sworn, on oath, depose and say: I" 14 _r That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) Qa- 9Q- j -d7 which were adopted at the Council Meeting dated copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the o2 day of 19 121- 1 . Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon 2. Washington Federal Savings Bank, 12260 SW Main Street, Tigard, Oregon 3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon 4. Albertson's Store, Corner of Pacific Hw . (Shate Hwy. 99) and SW Durham Road, Tigard, Oregon Subscribed and sworn to before e is •DtA day of t r 19-?---)-, OFFICIAL SEAL M. JOANN HAYES NOTARY PUBLIC-OREGON COMMISSION NO.006513 MY COMMISSION EXPIRES MAY 6, 1996 h,. Notary P Mc for Oregon My Commission Expires: Ige45 0 If ,oginjolcwpost CITY OF TIGARD, OREGON ORDINANCE NO. 92- , AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 92- 05) (BRUNEAU) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City has received a request for annexation signed by Stephen Bruneau, who is the owner of the subject parcel; and WHEREAS, The City Council held a public hearing on September 22, 1992 to consider the annexation request and to consider zoning designations for the property; and WHEREAS, on September 22, 1992 the City Council approved a resolution forwarding the annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district designation as set forth in Section 1 below is that which most closely conforms to the Washington County zoning designation as provided in the Washington County-Tigard Urban Planning Area Agreement. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The recommendation of the planning staff as set forth below is consistent with policy 10.1.2 and 10.1.3 of the City's Comprehensive Plan. Tax Map/Lot Number Current Zoning Proposed Zoning 2S1 04BD/1800 Wash. Co. R-6 Tigard R-7 Section 2: The property meets the definition for an established area as defined in Chapter 18.138 of the Community Development Code and shall be designated as such on the development standards area map. Section 3: This ordinance shall become effective upon filing of the annexation final order with the office of the Secretary of State. PASSED: ,ten APPROVED: By vote of all Council members present after (~Bing r tad by number and title only, this 7,Z day of A This L Z,- day of Approved as to form: t Attorney Zz Sal 92- Date moo" STAFF REPORT September 22, 1992 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 S.W. HALL BOULEVARD TIGARD, OREGON 97223 A. CASE: Zone Change Annexation 92-05 REQUEST: To annex one parcel consisting of 2.51 acre of unincorporated Washington County into the City of Tigard, and for zone change from Washington County R-6 (Residential, 6 units per acre) to City of Tigard R- 7 (Residential, 7 units per acre). The applicant requests that the expedited process be used. COMPREHENSIVE PLAN DESIGNATION: Washington County Residential, 6 units per acre. ZONING DESIGNATION: Washington County R-6 (Residential, 5 units per acre). APPLICANT: Stephen G. Bruneau 13800 SW Fern Street Tigard, Oregon 97223 OWNER(S): Stephen G. Bruneau 13800 SW Fern Street Tigard, Oregon 97223 LOCATION: 13800 SW Fern Street. (WCTM 2S1 4BD, Tax Lot 1800) 2. Background Information No previous applications have been reviewed by the City relating to this property. 3. Vicinity Information Property to the north of the site is in the City of Tigard and is zoned for single family residential development. Properties to the east are in Washington County and zoned R-6 (Residential, 6 units per acre). All properties to the west are single family lots in Washington County. Properties to the south are in the City of Tigard and are zoned R-7 (Residential, 7 units per acre) 4. Site Information and Proposal Description The property to be annexed has one single family residence with the remainder of the property undeveloped. The property is primarily covered with some trees. The applicant requested that his parcel be annexed into the City of Tigard in order to partition the parcel and connect to sanitary sewer line. An existing sewer line is located 680 feet east of the parcel to be annexed, along SW 135th Avenue. The sewer lines and ZCA 92-05 Staff Report 1 manholes on SW 135th Avenue belong to the City of Tigard. 5, A enc and NPO Comments i Tigard Water District, Tualatin Valley Fire District, General , School ectronics, ral Elects c,Nand Met os Ar agComn►unicationethave Telepholneelanand El d Gene 23J, Po reviewed the proposal and have offered no objections or comments. 6, Police De artment Consideration The Police Department has reviewed the proposal and have offered the following comments- This annexation will create a 20 or more lot island which causes problems in traffic enforcement and patrol, and could result in delayed response if this annexation is approved. Efforts to annex the 20 orTher island lots will help correct this problem. f roadway should also be included with this annexation request. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies Areas 2.1.1, Citizen involvement; 6.3.1, Establlisheria and; chapters 18.136, Delivery Capacity; and 10.1.2, Boundary Crit Annexations; and 18.138, Established/Developing Area Classification of the that Tigard Community Development Code. The planning staff has doefathen Tigard the proposal is consistent with the relevant portions Comprehensive Plan based upon the findings noted below: 1. Plan Policy 2.1.1 is satisfied because trh Neighbo ionrh asd Planning organization and community Planning Og surrounding property owners were given notice of the hearing and an opportunity to comment on the request. will be on s the hdevelopm development annexation standards 2. dPlan 63. is esignated Policyas • ant established satisfied because map. 3, Plan Policy 10.1.1 is satisfied because the City has conducted the includes the sub ect Washington ThCounty is Urban Services Stud that adequatehserv ices are available property. Y indicates in the vicinity and may be extended to accommodate the subject property. 4. Plan Policy 10.1.2 is satisfied because the annexation is a first step in eliminating an island and an irregular boundary that makes it difficult for the police in an emergency situation to respond in a timely manner. The land is located within Tigard's Area Of Interest, and adequate service capacities can be made noted aboveo accommodate the eventual development of the property as . Since the City intends to eventually annex the entire island, the Fern street and SW 135th Street rights-of-way of can laded eat that time, which will assist with the delivery police 5. Urban Planning Area Agreement, Section 111, B.4(b) states that: "annexation by the City within the Area of interest shall not create islands unless the City declares its intent to complete the island annexation". The City will be in violation of this agreement if 2 ZCA 92-05 Staff Report this property is annexed without a declaration of intent to complete the island annexation. The annexation of this arcel in the creation of a 30 lot island. Twenty-one of the 1 tslareeless than 1 acre, the remaining nine lots are between 1 to 2.50 acres. The planning staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based upon the findings noted below: 1• Section 18.136.030 of the Code is met because all facilities and services can be made available, the applicable Comprehensive Plan beencdeterminedst beovan Estaablished area in y has a a Pethe s cor dance with the criteria in Chapter 18.138 of the Code. The Urban Planning Area Agreement between the City and Washington County requires that when annexing land within the City's area of interest, the City adopt a zone designation which most closely resembles the County plan and zone designation. In this case, the property is designated in Washington County for single family residential use with a minimum lot size of 5,000 square feet and a maximum density of 6 units per acre. The City of Tigard Low Density Residential plan designation and R-7 zone with a minimum lot size requirement of 5,000 square feet and maximum density of 7 units per acre are the most comparable to the present County designation. 2. Chapter 18.138 of the Code is satisfied because the property meets the definition for an Established area and shall be designated as such on the development standards area map. C C. RECOMMENDATION Based upon the findings noted above, the planning staff recommends approval declare its of ZCA intent 92-to05. annex Staff the island further that suggests will that City Council should this annexation. be created as a result of PREPARED BY: V ctor Adonr , Assistant Planner ZCA 92-05 Staff Report 3 Attention City Planners/ Developers: My name is Steven G. Bruneau soc.sec. # 544-824680. I own a home and property located at 13800 S.W. Fern street. I would like to apex my property to the city of Tigard. Please furnish me with all information regarding services and fees that will apply to accomplishing this anexation. Please expedite my application. Sincerly, J~~/> Tod~~~ Steven G. Bruneau CITY OF TIGARD, OREGON . ORDINANCE NO. 92- AV ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 92- 02) (ANDERSON) AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City has received a request for annexation signed by Phyllis M. Anderson, who is the owner of the subject parcels; and WHEREAS, the City Council approved comprehensive Plan Map Changes from Commercial Professional, and Low Density Residential to Medium High Density Residential in August of 1992. WHEREAS, The City Council held a public hearing on September 22, 1992 to consider the annexation request and to consider zoning designations for the properties; and WHEREAS, on September 22, 1992 the City Council approved a resolution forwarding the annexation to the Portland Metropolitan Area. Local Government Boundary Commission; and WHEREAS, the zoning district designation as set forth in Section 1 below is that which most closely conforms to the Washington County zoning designation as provided in the Washington County-Tigard Urban Planning Area Agreement, and the recently approved City of Tigard Comprehensive Plan Amendment. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The recommendation of the planning staff as set forth below is consistent with policy 10.1.2 and 10.1.3 of the City's Comprehensive Plan (See attached Zone Change Exhibit). Tax Map/Lot Number Current Zoning Proposed Zoning 2S1 10AC, 1300/1400 Wash. Co. R-6 Tigard R-25 2S1 1OBD, 2100 (2.74 AC.) 2S1 1OBD, 1600/ Wash. Co. R-6 Tigard R-4.5 2100 (.63 AC.) Section 2: The property meets the definition for a developing area as defined in chapter 18.138 of the Community Development Code and shall be designated as such on the development standards area map. Section 3: This ordinance shall become effective upon filing of the annexation final order with the office of the Secretary of State. PASSED: F APPROVED: By (LIA--/f/~~~~LI(Al_ vote of all Council members present after being 'read by number and title only, this -2,,~ day of This ~j da Approved an to form: C Y. ttorney ZZ Sf/~T 9Z Date ffre-y V rl y of 1992. ra R, Edwar s, mayor STA" r4MPORT C September 22, 1992 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 S.W. HALL. BOULEVARD TIGARD, OREGON 97223 A. CASE: Zone Change Annexation 92-02 REQUEST: To annex four parcels totalling approximately 7.7 acres of unincorporated Washington County into the City of Tigard, and for zone change from Washington County R-6 (Residential, 6 units per acre) to City of Tigard R-4.5 (Residential, 4.5 units per acre), and R-25 (Residential, 25 units per acre). COMpREHF:NSIVE PLAN DESIGNATION: Medium fHiTigard Low Density gh Density Residential~ential/ ZONING DESIGNATION: Washington County R-6 (Residential, 6 units per acre). APPLICANT: Phyllis M. Anderson 11550 SW Bull Mountain Road Tigard, Oregon 97223 OWNER(S): Phyllis M. Anderson 11550 SW Bull Mountain Road Tigard, Oregon 97223 131100 feet tax lots and 00, 1400 LOCATION: WAsthof Paecifof Bull ic Highway. betwen 500 and 2S1 lOBD, tax lots 1600, 2100. 2. Background Information The subject properties are within Washington county but are within the City of Tigard's active planning area under the terms of the Urban Planning Area Agreement between the City and County. In August, 1992 the City of Tigard's Comprehensive Plan Map was changed to designate tax lots 1300, 1400 and a 2.74 acre portion of 2100 for Medium High Density Residential use. At the same time, a .63 acre portion of tax lot 2100 and the 1.17 acre tax lot 1600 were designated for Low Density Residential use. Washington County 1 ZCA 92-02 Staff Report currently has all of the subject properties zoned R-6 (Residential, 6 units per acre). 3. Vicinity Information Properties to the north of the site are in the City of Tigard and are zoned R-2 (Residential, 2 units per acre). Properties South are zoned R-40 (Residential, 40 units per acre) and are to the City of Tigard. Property to the east is in the City an Of and are d the is zoned C-P (professional Commercial). All pro Tigard and are single family lots in unincorporated Waehi ngtoPernCou'cou to, the west zoned R-6 (Residential 6 nty, and are units per acre) 4. Site Information and pro osal Descri tion The properties to be annexed have one sin 1 f the remainder of the g amity residence with primarly residence with Pro covered with trees ands other undeveloed. natural g tation. are The applicant requested that her Tigard in order to parcels be annexed into the city of sanit develop and to serve all the property with aro sewer. rc existing sewer line is located at the northeast corner of the parcels be annexed. S. Agency and NPO Comments Tigard Water District, Tualatin Valley Fire District County Land Use and Trans Portation . Washington Electronics, NW Natural Gas, General Telephone and General Electric , Tigard School District 23J, Portland reviewed the , and Metro Area Coamainications Commission have Neighborhood Planning Proposal and offer no objections or comments. The Organization commented on the Co Plan change but offered no comment on the annexation. mprehensive 6. Police Departments Consideration The Police Department has reviewed the proposal and have offered no objections or comments. No other comments were received. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive plan policies 2.1.1, Citizen Involvement; 6.4.1 Delivery Capacity; and 10.1.2, Boundary Areas; 10.1.1, Service Development Code chapters 18.136 Criteria and Tigard Community Established/DeveloPin 18.138, 4 Area Classification. The and 18.138, The planning staff has 2CA 92-02 Staff Report 2 determined that the proposal is consistent with the relevant portions of i the Tigard Comprehensive Plan based upon the findings noted below: 1. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and Community Planning organization as well as surrounding property owners were given notice of the hearing and an opportunity to comment on the request. 2. Plan Policy 6.4.1 is satisfied because the annexation will be designated as an developing area on the development standards map. 3. Plan Policy 10.1.1 is satisfied because the City has conducted the Washington County Urban Services Study which includes the subject properties. This study indicates that adequate services are available in the vicinity and may be extended to accommodate the subject properties. 4. Plan Policy 10.1.2 is satisfied because the annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcels are within or outside the City. The land is located within Tigard's Active Planning Area, and adequate service capacities can be made available to accommodate the eventual development of the properties as noted above. The planning staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based upon the findings noted below: 1. Section 18.136.030 of the Code is met because all facilities and services can be made available, the applicable Comprehensive Plan policies discussed above have been satisfied and the properties has been determined to be a Developing area in accordance with the criteria in Chapter 18.138 of the Code. The Urban Planning Area Agreement between the City and Washington County requires that when annexing land within the City's active planning area, the City adopt a zone designation which most closely resembles the County plan and zone designation. In this case, the proposed zoning complies with the recently adopted City Comprehensive Plan change. 2. Chapter 18.138 of the Code is satisfied because the properties meet the definition for a Developing area and shall be designated as such on the development standards area map. ZCA 92-02 Staff Report C 3 C. OTBER ALTERNATIVES C 1. The properties to be annexed are currently undeveloped. The planning staff reviewed the implications of annexing the properties as undeveloped land, versus annexing it as a developed land. ANNEX NOW a. The development would be subject to City development requirements, and its fees and charges. The City will provide development services. The increase in assessed value after development will lower the City tax rate, and annexing raw land with one owner will be less difficult than annexing several new residents and property owners. DELAY ANNEXATION b. if the City decides to delay the annexation of these properties until after construction, the County will provide all development services, and impose County standards on the development. The City's tax base will be increased by approximately $9,700 instead of $1,059. This is part of the permanent tax base that can also be increased by up to 6% each year. 2. The other alternative the council could consider would be to annex the subject properties along with the three properties to the west through a "double majority" method of annexation. Staff is not recommending this because the properties in the remaining island will need City sewer to develop plus the properties are in an island, which means the City can require annexation of the remaining properties by other methods at a future time. Further, these properties are mostly undeveloped and therefore are not in need of urban level services at this time. D. RECOMMENDATION Based upon the findings noted above, the planning staff recommends approval of ZCA 92-02, and to adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission. PREPARED BY: 1 Victor ri, Assistant Planner C ZCA 92-02 Staff Report 4 d d v t ~ mq tw lk' ~°.MZ l!P r~~ o Q i : two asa~aa .,,,iy . SAO • ~ ~ ~ 4' _ sm~.~. ,.~/vY sowo ~$i~. 6600 &on= v e k * s ~a . ~ I ~ I V - 60O CITY OF TIGARD, OREGON ORDINANCE NO. 92-_Z 7 AN-ORDINANCE AMENDING TMC 10.28 REGARDING PARKING RESTRICTIONS ON SW 87TH AVENUE BETWEEN PACIFIC HIGHWAY AND CENTER STREET. WHEREAS, Ordinance No. 88-03 established a loading zone. along a portion of SW 87th Avenue; and, WHEREAS, the business that requested the loading zone has since relocated; and, WHEREAS, existing business activities along SW 87th Avenue can better be served by elimination of the loading zone and establishment of a two- hour parking limit; and, WHEREAS, TMC 10.28.090 designates the portions of public streets in Tigard where parking is restricted to a two-hour limit. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1. Ordinance No. 88-03 and TMC 10.28.137(4), establishing a loading zone on SW 87th Avenue, are hereby repealed. SECTION 2. TMC 10.28.090(2), designating the where parking is restricted to a two-hour time tlimit between 9:00 a.m. and 6:00 p.m., is hereby amended by adding the following: "(D) The east side of SW 87th Avenue between Pacific Highway and Center Street, except any area designated as a loading zone." SECTION 3. This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. By vote of all Council members present after being re d bV er and title only, this LL day of , 1992. ~~1~~^✓1 -I/ ,PIAIW i Zahn , ~ ~ P~cmto APPROVED: This ~i day of Vuj owu 1992_. Edwards, Mayor Apr-roved as to form: City At orpey Date rv/A7th-o C ORDINANCE No. 92- Page 2 'BLVD, S ,~J , HALL 0 r 3 ~ 1 3 u-i Q co w LD a= I--I w I NI e+l w Io ~J OP9 ~V ~J v~- S~ m 0 ~i vzd z 3 o ~ J o- C C T'I M -i Z ci z CL iPsL ca w z M 0 c$ c cv cps v ~ LL, r- 0 0 a w m 0 Z O ac aW W O m O m 0 CL rn ;may Qc5 Ovb t- cu ~o kn e7 c', con C, -Pv CN ca im, c 0,Co U E C >4 0, ~Ko 'CT-~ r. rO bo 0. "tz 1E n = g ea ~g r~ cr a :n h Sa .b N.h crf U ^ v. ' m m g L co C T ca CL U L L C N . r N C C I C co 9 F- M qa a o J M N scar, ON HM O 0 11 C~ W H • e O Ha c r CQ ~ e OS ~ Z 0 F- vi z 0 Oa W d U. O O~: z ~ U III x .b Os ® T a O c m - c~ D w C + -I O N O°Uso aiWCO 00 0 O m ~ V U N 'O~~pO e eamm `O e m a~ - Na„. >,N O O. CD 0 O CO C%l l: C. pj O NOD Of V ® T Cmet7 MONO 'D m N L N ~ m U ~ U > a CL N N 'O X c c V o m m ~ N (D m 0) a, c N U O 's c o o q r a O C U > > ~ N 7 m U m 06 - W m U N n N CT ~-i N r m E N ~O CD m v G RS 'O CD .A .G N .n 7 a 1 V Q 6L U. 4 I"2M of City of Tigard R E C E I V E Q ° ❑ Tearsheet ' be22 1992; at',7 30,I'.M. at Tigard Civic Center; To:vn' PO Box 23397 13125 S W.,HAII BoulevAW- Tigard, nregon. Fu tlier'infonnat ® Tigard, OR 97223 S E P 2 3 • 11 Duplicate obtained 'frorii the CoinmunityDevelopptentDirector or City _I 1992 the same;location orby.'enlting~639-4171:!You:are invited tosi ® ten tcsturony rn advueiceof the pubitc hearing, written and ora CITY OF TIGARD " v; i' is ~prisideresl at•the hearing .The public hearing-will be cc sccor"dii' h'thi applicalile:Chaptbr 18:32 of the Tigard Code aril aitftiles of prccedurtsadapted by the Council 'and: City Mall: AFFIDAVIT OF PUBLICATION - Mt! CHANCE AN14EXATION ZCA y2-0005 l3F~U1+TEAU A'request to annex orie parc:el:consisting of 2.51 acres into, COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 7359 BEAVERTON, OREGON 97075 Legal Notice Advertising Th fit al be considered b the Tigard City Council-.-( EP , 1992 City of:Tiga The applicai .1600andaI R-6 (Reside units/acre) quested to I (Residcntia; Subscribed and sworn ho before me this 10th day o ot~nber, u~eheit ve .01 .'fo'r the and REVIEW f Notary Public for Oregon 10.1.3,110.' My Cemmissio Expires: - Code Ci►aF j~ 18.138.020, AFFIDAVIT 'ween.500 a tax lots. 130, ZONES: R_ family resin STATE OF OREGON, Ti and and to chap a the ione fromWashin ton County.R-6 (1 COUNTY OF WASHINGTON, Ps. 6.uitits%acre) to City of.Tigard R-7. (Re idential, 7 units/ I, Judith Koehler PLiCABLE REVIEW Cl11TERIA:,Comprehensive . Plan Poli, being first duly sworn, depose and say thpt I ark the Advertising 101.2;1013,:10 21,10.2.2;'10.2 3,10.3.1,10,3.2, g6niftiun l Director, or his principal clerk, of the Z Bard Times meet Code Sections 18:32:020;1832;040; 18.32 130,18 1; a newspaper of general circulation as defined in ORS 193.010 18 138.020 (A) (B)."LOCATION 138(}0 S.W. FernStreet and 193.020; published at _Tigard in the 413D, tax lot 1800). Z'R=7 (Residential, 7;t-I I .acre). TI of2es id county and tats; that the allows single family attached/detached residential units, put t'uOr Hearing!ZCA 92-0005 facilities, residential treatment horrtes farming, mend c e family day care; ho'' occupations, temporaryuws, and ar- a printed copy of which is hereto annexed, was published in the tueas among otheruses. entire issue of said newspaper for One successive and _Z()N CCHANGE ANNEXATION ZCA 92-0 consecutive in the following issues: ANDERSOZ`l S t bar 10 A request. to annex four parcels totalirig approximately 7.7;. s onion of tax lot 21C ntial, 6 units/acre)`; offing district The le, changed -from th , 25'nnits per acre) lanning area The + rstial, 25 to changed from Was to the City's R=4.5 0;`.18 32.040, 18:32.130;,`18 1; W TIN South side of 96111VlourW vest -of Pacific Highway. (WCT1y1 110$D, taxjots 1600 and 2100): l 1,4.5 units/acra). The R-4.5 zone, a apport facilities; residential treats nes, family' day, care, home:occup structures'among other-permitter The:R-25 :zone allows multi-fainil gle-€arnily.resider,ces; duplexes:s residences, p,ublic,si pportt gnanuf{ctureii 1tt~tsiFS, atnil ssory56 isrti' and' i ac~e M359 NOisii sgli emb 09-;' *q p€rmitte' Oses. 1,0,1992::' F COMMUNITY NEWSPAPERS, INC. Legal 1 1Y y of Tigard Box 23397 ord. OR 97223 i _5 P.O. BOX 370 PHONE (503) 684-0360 Notice TT 7359 } BEAVERTON. OREGON 97075 P13RL1t` NEARTi ~r Legal Notice Advertising'. The fallowing will be considered by the Tigard.City Caancil 0-1 Septem- T' and Civic Center, Town Hall Room, RECEIVED SEP 2 3 1992 CITY OF TIGARD will be considered at, the can g accnrclance with the'zipplmcable Chapter 18.32; of the Tigard Municipal Code and anyrules of-procedure adoptca by the Cauncifand available at cii rl ul. ;ZQNE CHANGE ANNEXATION ZCA11_M0.5 I3R I+11;AU A request to`annex one parcel' consisting of 251 acres into: tbe,City of t , I Tigard 6d 'to change;t} a zone from Washington Coun.ty,R 6 (Residential 6,units/acre):to City nfyTigard R 7; (Residential, 7;u6its/acre). AP PI IABL:E REVIEW CRITRIA_; Comprefitensive Plan Policies 1Q.1.1, 10,1.2;:;101.3;;10.2.1;102.2;1023,,10.3.1, 1(1.3.2 CommunityDeveiop ~ment.odeSecuoris18.32:020, 1$:32;,040,.1 32 130,18:136, 18:138; 18.138 020,(A) (B) DaA_ 'PION 13800 S W: Fern Street (WCTM 2S1 4BI~; tax ldt 1800) R-7 (Residential, -7 inns/acre) The R-7 lone ;allows=singlefainil attached/detached residential units, public support Iacilities, residential;treatment hurries, farming, maiufaciuied homes, fainily:day care, home occupations, tein poraiy uses, artd accessory sirvc Hires ainong other fuses. ZONE CII:A1,4 E AI~INEXAT1(31`I ZCA j2-E)i102 (Npp #3) A-NDERS(3T3 " A request•to.annex four parcels totaling approximately 7.7 acres to the City of Tigasdad_ to change ifae zoning to Cety.of,Tigard zoning districts. The applicant requests that the western approximately: i.8 acres (talc lot I(Mand a portion of tax lot 2100)-be p6hanaed from: Washington County's R-6 (Itesideneial, 6 units/accel zone'to the City's R-Q.S (Residential, 4,5 units/~cre1 zbnirig district. £he 5.9.acre eeastern portion of, the site is re queste.d.to be changeo fronithe County's R-6 zone to I ie City's R-25 (Residential, 25 `units per acre) zone: The subject area isalready,withm a Tha Cit Council recently approved a Com- AFFIDAVIT OF PUBLICATION OF OREGON, Y OF WASHINGTON, )ss. -th Koehler first duly sworn, depose and say thpt I adm the Advertising or, or his principal clerk, of the Ti 'aa_3Z Ti.meS spaper of general circulation as defined in ORS 193.010 33.020; published at Tigard in the ed copy of which is hereto annexed, was published in the issue of said newspaper for One successive and outive in the following issues: led and sworn VIT before me this 10th day of Septembers Oral Geave plan Pig Amenanent to: Medium iii9h JDetisity Residential p P' for-ttre area_that.is reouested to•be, rezoned W' 25ApELICAI3LE REVIEW=CRITERIA.:C6r~orehet sire Plan Policies 10:1.1, 10:1 2, Notary Public for Oregon ,10:2:11 10.2:2,.10.2:3, IQ.3 1, 10 32; Community Development C6de"Chapters 18:32 02d) ` 18 32:040, 18 32.130, 18:136, ?813$, 18:138 020 (A) (B): LOCATIC)N Soudi side of Bull;'iVlountain Road, liet T weer 500 and 1;100 bet west of Pacific Highway. (WCTM 2S1 lOAC, tax lots 1300, 1400, and 251 IOBD;;taxilots' 1600 and 2100): PROPOSED ZOF+TRS R 4.5 (Residential, 4 5 units/acre). T:.e R45 zone allows single family residences, 'public §uppoti facilities; residential'treatment home's, farming, manufactured Iiomes, fame y day care, home occupations, tem• porary uses, and accessory structures among oilier permitted uses. R 25 (R.esideraW 25 uniWacre). The R 25 zone slows rnailtn fatrtily residential development, attached single family residences, dupiexes..single family resdenceS,'Ipiablic supppoo faciiittes; residential treatment homes, fuming, manufacturefi' es, famrtily ^day sire, home occupations, temporary.u , TT7 rctprg ~r p. rrnitied uses._ ; and occur S, u Ctltres tebCr 10,1S9~c 3$9 Pubhlh 3q) m • Tearsheet ' b- ,r 22.:1992>at 7.301' M. at ig 13t25:S:WW.;I1aI1:Boulevard, Tigard,-Ctregon. Further"anforrnation maybe obtained from.tlee Cornratanaty.,DevelopmelL Directoror CatyRecorder at • Duplicate 1 'the same locatiop or. by callrng 639=4171.'You acre rr<vated to`submit writ- - ''!eti testimony Fn advance df the;pt~blic hearing; urritten and oral testimony h n ' The public hearing will,be;conducted in A 'UT VISITOR'S AGENDA PA h~- ,Umited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. STAFF NAME & ADDRESS TOPIC CONTACTED og in B TV Is ors ss Depending on the number of person wishing to testify, the Chair of the Council may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. t5_ MOORNEEW, k']FE~e31 %892 A request to annex one parcel consisting of 2.51 acres into the City of Tigard and to change the zone from Washington County R-6 (Residential, 6 units/acre) to City of Tigard R-7 (Residential, 7 units/acre). APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 10.1.1, 10.1.2, 10.1.3, 10.2.1, 10.2.2, 10.2.3, 10.3.1, 10.3.2; Community Development Code Sections 18.32.020, 18.32.040, 18.32.130, 18.136, 18.138, 18.138.020 (A) (B) LOCATION: 13800 SW Fern Street (WCTM 2S1 41313, tax lot 1800) ZONE: R-7 (Residential, 7 units/acre) The R-7 zone allows single family attached/detached residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and accessory structures among other uses. P EM C c ; ' oar o~ s:®,-qF PRINT J." Depending on the number of person wishing to testify, the Chair of the Council may limit the amount 1, - or time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. q~ -I?£~); A request to annex four parcels I 01+m to`a((in9 approximately 7.7 _ ~..d__;....._.. .r acres to the City of Tigard and to change the zoning to City of Tigard zoning districts. The applicant requests that the western approximately 1.8 acres (tax lot 1600 and a portion of tax lot 2100) be changed from Washington County's R-6 (Residential, 6 units/acre) zone to the City's R-4.5 (Residential, 4.5 units/acre) zoning district. The 5.9 acre eastern portion of the site is requested to be changed from the County's R-6 zone to the City's R-25 (Residential, 25 units per acre) zone. The subject area is already within the City's planning area. The City Council recently approved a Comprehensive Plan Map Amendment to Medium-High Density Residential for the area that is requested to be rezoned R-25. APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 10.1.1, 10.1.2,10.1.3,10.2.1,10.2.2,10.2.3,10.3.1,10.3.2; Community Development Code Chapters 18.32.020, 18.32.040, 18.32.130, 18.136, 18.138, 18.138.020 (A)(B) LOCATION: South side of Bull Mountain Road, between 500 and 1100 feet west of Pacific Highway. (WCTM 2S1 10AC, tax lots 1300, 1400, and C 2S1 106D, tax lo►s 1600 and 2100) PROPOSED ZONES: R-4.5 (Residential, 4.5 units/acre) The R-4.5 zone allows single family residences, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and accessory structures among other permitted uses. R-25 (Residential, 25 units/acre) The R-25 zone allows multi-family residential development, attached single-family residences, duplexes, single family residences, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and accessory structures among other permitted uses. (PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS C /y[p{( _ ..srypw~!~, y]f.~;;~,,]- txs~r~rfrf Ko~w O' V .J.:<r .~f Y: 3'.(ae JFA?Y . PLEASE PRIM ■ Proponent - (Speaking In Favor) Onaonent - (Sneaking Against) c Name Name Address Address Name Name Address dress Name Name Address Ad teas Name Name Address Address Name Name Address Address Name Name Address Address ame Name- Address Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address I C MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council FROM: Patrick J. Reilly, City Administrator DATE: September 8, 1992 SUBJECT: Annexation A Council priority for this fiscal year is TO DEVELOP AND IMPLEMENT A PROACTIVE ANNEXATION POLICY. The attached report from Ed Murphy focuses on how we approach our annexation strategy, recommending several initiates which depart from current City practices. The report assumes a change in annexation policy. Hopefully, the report will serve to facilitate Council deliberations during the September 15 Study meeting. PJR/jh attachment h:\login\pat\annex.cc Q. MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Rei l11 FROM: Ed Murph DATE: September 3, 1992 SUBJECT: Annexation Strategies You asked me to put together some notes to aid in the Council's discussion of annexation strategies on September 15th. Following are my comments: SUMMARY RECOMMENDATION: The City Council should establish the Walnut Island and the SE Bull Mountain areas as the top priorities for any annexation efforts. Staff resources should be allocated to initiate ongoing dialogue with the residents and property owners within those areas. The Council should annex all or part of the Walnut island when a majority of the registered voters and land owners within the island consent to being annexed. PHILOSOPHY Urban level development needs urban level services. Cities are generally best suited to provide urban level services rather than counties or special service districts. • Tigard is looking to build a whole community which provides necessary public services in an equitable and efficient manner. Tigard is also seeking to create logical and understandable boundaries in order to reduce confusion, and add to the "sense of place" of the community. And finally, Tigard is seeking to protect and enhance the quality of life through the proper management of new development. Annexation is one tool that can be used to accomplish these goals. • Tigard desires to eventually annex everything within it's area of interest; and, if an area develops prior to being annexed, the City desires to have a significant influence on how those properties are developed. C - Page 1 - ° The exact timing of the annexation will depend upon the City's general priorities, which are outlined in this memo; on the City's ability to logically and efficiently service an area, and on the wishes of the property owners within the area to be annexed. • The City Council desires to have people come into the City voluntarily, and to come into the City with the intention of being a positive, contributing members of the full community. • The general approach the City will take towards annexation is one of mutual consent between a majority of the City Council and a majority of the residents within the area proposed to be annexed. The City will extend urban services to newly annexed areas in a way that is responsive to the needs of that area, yet without diminishing the level of service to the rest of the City that is already incorporated. - Page 2 - SITUATION: • Tigard has a well-established area of interest, and is not competing with other cities over territory. • The City has already annexed all of the non-residential properties in the City's area of interest. • Much of the area outside the city limits but within the city's area of interest is developing at urban levels.'Many of the needed services are being provided by the County either directly or through special operating districts, or by the separate single purpose districts. However, some services, such as parks development and maintenance, or long term street improvements and maintenance, are not being provided. The special operating districts, such as street lighting districts, would cease to exist after annexation with the City absorbing those services. • The City limits boundaries have created a significant "island" which is surrounded by the City on all four sides. This island is composed of approximately 836 people and is about 360 acres in size. State law allows cities to annex islands outright. • Besides island annexations, the other approaches methods for annexation include: 1) The "double majority" method, in which the Council can annex an area in which the owners of a majority of the land area plus the majority of the registered voters living within the area petition for annexation; 2) A vote of all of the registered voters within the area; 3) By a petition from individual property owners for their own property. • The City may increase it's tax base by an amount roughly equivalent to the tax base portion of the City's tax rate, multiplied by the assessed value'of the property. • When the City annexes an area, that area begins paying for a portion of the street and parks levies. The City does not receive additional revenue, however; it just lowers the amount existing city residents would pay. - Page 3 - • The City may annex properties outright, or enter into an agreement to annex at a later date at the discretion of the City. This latter method is often used as a way to increase the tax base impact, by allowing the properties to fully develop outside the City limits, then annexing after full development. Other revenues that would come to the city upon annexation include cigarette and liquor taxes, revenue sharing, franchise fees and gas taxes. These are not new taxes for the residents of an area being annexed, but are revenues currently being distributed elsewhere. Annexation is a method of keeping this revenue "oat home" in the local community. • The Walnut island area does not have public sewer available. However, because of the drainage basin, the City, rather than the Unified Sewerage District (USA) will be responsible for providing the sewer service, should this area ever need public sewer. As vacant property develops, it typically needs public sewer, in which case the City requires annexation as a condition of receiving that service. • Most of the remaining Bull Mountain area will not use City sewer, and uses Tigard water district water. Since there no method of requiring eventually annexation, this area is developing without any provisions being made for parks and open space or other urban services. • Streets within a newly annexed area would remain County jurisdiction (with some exceptions) upon annexation. However, the County would request that the City assume responsibility for most of those streets after annexation. It has generally been the city practice to accept jurisdiction of those streets. • Although it is not entirely known towhat extent, it is clear that the incorporated area is providing some subsidy tothe unincorporated area, such as in library services. ° - Page 4 - COUNCIL'S PAST PRACTICES AND POLICIES In the past, the Council has: • Committed in writing to the residents of the Walnut Island area that the City "does not intend to unilaterally annex the Walnut island". (October 1988) • Agreed in the Urban Area Planning Agreement (1983) to: "not require annexation of lands in the Area of Interest as a condition to the provision of urban services for development", and "not create islands (within the Area of Interest) unless the City declares its intent to complete the island annexation." • Agreed in an amended UPAA (1988) to study with Washington County on 111). The feasibility of expanding the "active planning area" to include the current 11arca of interest" and assigning the land use planning responsibility to the City; 2). The feasibility and cost-effectiveness of the City and County contracting to provide building inspection and plan review services, administer development codes and collect related fees with the active planning area." No joint study has ever been initiated, although the City staff continues to offer to provide those services, and has drafted and presented an ordinance to the County for the administration of the building codes. Have stated, through different recent annexations, that the Council did not wish to use property being annexed as part of a larger "double majority" annexation Have stated the Council short term goal or priority area of "developing and implementing a proactive annexation strategy" - Page 5 - STRATEGIES BY AREA The "Area of Interest" should be divided into sub-areas in terms of priorities. The attached map suggests one such division proposed by staff. -The entire area is broken into five (5) subareas, ranked in priority order in terms of where City resources should be spent to encourage annexation. Staff recommends that, for the next two years, the City concentrate on areas 1 and 2...the Walnut island, Fern/135th, and the SE Bull Mountain area. WALNUT ISLAND The island is within the City's sewerage area, is obviously an island so it could be annexed outright, is partially urbanized already. Moreover, the area already receives some police patrol services on Walnut and 121st, as well as emergency police response. Further, the area is impacted by many actions the city may choose to take, or by development within the city limits. There are four basic approaches that could be used: 1. Annex the island whole outright, either immediately, or set a time frame for annexation; 2. Annex only those properties which wish to be annexed when they wish to annex, or are required to annex as a condition of connecting to city sewer; 3. Annex all or portions of the island by double majority method, with the goal of having at least 60% majority in favor when it comes to the Council for action. 4. Annex the area by election, if a majority of the registered voters within the area vote in favor of the annexation. Staff recommends this third approach. In the Walnut Island, the City staff will develop educational materials to distribute to all property owners within the island, informing them that the Council has expressed an interest in having this area join the City, and explaining the impac::s of annexation in terms of services and costs. The staff will also set up two informational meetings in the area to discuss the matter with interested citizens. Staff will discuss with the residents of the island area their concerns and their service needs or wants. Based on that information, staff will review the service capabilities of the City, and develop a proposed list of services and improvements that could be offered to the residents should they choose to annex. - Page 6 - After Council approval, staff will begin gathering signatures.for a potential double majority method. FERN AND 135TH This area is within the city's sewerage area, has had several failed septic tanks, and is experiencing some minor development, such as partitions. Police drive on 135th south of Walnut to serve other areas inside the city limits. The City intends to annex the area within the 135th, Fern Street area either by a double majority method or by island method. The city will not create an island unless it intends to annex that island. Instead, the City will accept a contract for future annexation as a condition of connecting to the city sewer. • Staff will prepare informational materials for these residents, and will prepare either a double majority or an island annexation, depending on the Council's action on an annexation request that would create an island. SE BULL MOUNTAIN AREA In this area, the City currently does not provide sewer or water services, and it is outside of the City's "active area"; therefore, there does not appear to be a method available to require annexation as a condition of receiving sewer or water, or receiving development approval. However, the City is very interested in how growth occurs in this area and desires to begin a dialogue with the residents and property owners about the City being more actively involved in the development process. Over the course of the next year, City staff will contact property owners and tenants within the area south of Bull Mountain and generally east of 139th to determine their interest in annexation. Staff will come back to Council with recommendations for the appropriate method and timing for annexation, including by having a special election. The staff will provide information to the owners of undeveloped property, as well as the development community, on the impacts of having the City provide development-related services, such as building inspections. This effort will occur concurrently with the initiative being taken in the Walnut Island area, but with the island area being the higher priority. Q - Page 7 - OTHER INITIATIVES Other than annexation, the City will initiate other changes that will affect how much influence the city has outside the current city limits, and how much revenue is generated for urban services by those areas. • The City will initiate an amendment to the urban planning area agreement that would (1) extend the active area out to the entire area of interest, and (2) allow the City to provide all of the building, planning and engineering services within the active area. • The City will clarify itIs agreement with the Unified Sewerage Agency to make it clear that USA will not connect anyone to the USA sewer lines within the active area without the City of Tigard's approval. This approval will come only upon an agreement to annex the property to the City. • Request that the county impose a Parks System Development Charge on all new development in the City's area of interest, and further that those revenues could be used by the City to provide for parks improvements related to new development within the City and the City's area of interest. • If the county does not wish to adopt a Parks SDC, then the city will further explore the feasibility of adopting a Parks SDC by itself and imposing it on newly developing properties outside of the City limits. • When the City withdraws from the Water District and forms a 190 agreement, it should make sure that imposing a requirement to annex as a condition of receiving water service is available to the jurisdictions participating in that agreement. Further, should the City decide not to withdraw; it should negotiate an agreement with the Water District similar to the agreement with Unified Sewerage Agency (USA), in which City approval is needed prior to the extension of water services into the active area. - Page 8 - ATTACHMENTS 1. Map showing potential areas to annex in priority order. 2. Map showing population within the unincorporated area. 3. Map showing land area within unincorporated area. 4. Letter from Mayor Tom Brian dated October 7, 1988. 5. Findings from Boundary Commission Proposal No. 2550. 6. Letter from Ed Murphy to Bruce Warner dated June 29, 1992. 7. Letter from Drake Butsch to Bonnie Hayes dated March 16, 1992. embr/Annw.Mem Page 9 - ~eevrwe~r~wrwwauw P d P. ~ ✓ y c c c c 4r F-i -p n.•- c c v G. v r - e co d > rn - r.. a oar y ° _ <7z 2 '_r Qi N N W N N N O --D / W O ar C ut C p. Q P I-~ N o O C P O n a) O F+•q O O P O n+ n~ _ Z ••r a c.r VI G.) t c+ ~4 M fi °b 14 R/ SAY 7 72 n x ~i_ Oxrt Y a»c ti b r &A It ti~ 4y % / yea o d- k r T~ HG~!• etYn G ao CV • ' wx .y v ~ s Aavrrexavr rAr fi xt ; y'6' a axr8' ar " G~ mil Avg c JAY dR6 _ JAUL r, C~ ❑ ' S y C / G] \ C IY y Y y ~ CQ n GL7 / AY SAY sift x r / SAY b Him / O m y MUMAr ~o I ~j CL. . C e v u a- ~.y~ d Qt 4 0 c O ` d d O of l 1 dI ~ x~ Ruc 5~ C/ti fi L~ ACV 4 X69 ILJIIltB%1!!!C SAY W ~ V CPS Q M ~ t-- co . -ct r/G g au ~ Hlfllt C/1 4, ~ o 4 ca • M st ti u 2 q q 7 0V0 X V~ v Lli..{ N L~ r- .9N Rim Mica T PftopAL ta October Y, 1986 OREGON Dear Walnut Area Resident: 47 While not legally required to notify you, the Tigard City Council wants you to aware of annexation. activity 40 acres your area. We have at 132nd and WalnuteC City Council has from owners to annex roughly accepted this request for annexation and forwarded it to the Boundary Commission for their action. This annexation will create an "island" which includes the Walnut area. I'm sure that many of you have questions as to the future annexation of your area. We wish to advise you that, while State law allows the City Council' to annex islands, the Tigard City Council does not intend to unilaterally annex the Walnut island. We have, however, received a number of inquiries'. from people in the Walnut area irho wish to annex. We are happy to continue to provide information regarding the benefits and costs of annexation to Tigard. The Boundary Commission will be holding its hearing on this annexation 1021 SW' Thursday, October 20, at 7:00 p.m. in the Multnomah County Courthouse, 4th Avenue, Portland. Included in this 'hearing will be a presentation describing the specifics of the 132nd raneaation. You may wish to listen to the presentation and express your comments: If you would like more information or have any questions about this annexation or the process, please call Jill Monley, our Community Services Director (639-4171), or the Boundary Commission staff (229-5307). Sincerely, a a Tom Brian Mayor ':ht/7052D 13125 SW Hall Btvd.. P.O. Box 23397. Turd. Orion 97223 (503) 639-4171 Pr oposa'leNoxhi.bit2550A FINDINGS Based on the study and the public hearing the Commission found: 1. The territory to be annexed contains 37 acres. 15 single family residences, an estimated population of 36 and is evaluated at $1,284,100. 2. The City initiated the annexation in response to a request by owners of 20 of the 23 lots in the Proposal. Of the remaining three lots, two are owned by the Tigard Water District which supports the annexation. Some of the residents have failing septic systems and wish to connect to the City sanitary sewer system. Annexation is required prior to connection. 3. Approval of the annexation will create an island containing 415 lots. The property owners within the island have been notified of their island status and of the Boundary Commission hearing on the Proposal. The City testified at the hearing that the City has informed the residents in the potential island . that they will not pursue a policy of agressive island annexation. A member of the City Council noted that this is a unanimous Council position. 4. The Boundary Commission has three adopted policies. The. first of these policies states that the Commission generally sees cities as the primary providers of Urban Services. Recognizing tnat growth of cities may cause financial problems for districts, the Commission states in the second policy that the Commission will help find solutions to those problems. The third policy states that the Commission may approve illogical annexations in the short term if these lead to logical service arrangements in the long-term. 5. The territory is within the boundary of METRO and within the regional urban growth boundary. 6. The territory is designated Urban on the acknowledged County Comprehensive Plan. The Bull Mountain Community Plan identifies the area as Residential at an R-6 density of 6 units per acre which allows for minimum parcel sizes of 5,000 square feet. The Bull Mounttain CPO supports the annexation. Final Order - Page 4 June 29, 1992 Bruce Warner . Washington County 150 H. 1st Hillsboro, OR 97124 Dear Bruce: *114 Over the last few years, the City, County staff, and elected officials have discussed whether or not the City should become more responsible for providing service for that area outside of our current city limits, but within our area of interest. At a recent City Council workshop, the Council reaffirmed its intent to become more proactive in the area outside the city limits, particularly in the Bull Mountain area. To start the ball rolling, I an respectfully requesting that you allocate some staff time to seriously consider at least the following: 1. Extend the City's "active area" to coincide with the City's area of interest. The City would then take the lead role in C comprehensive planning for the area, including transportation and parks planning. 2. Adopt a growth-impact fee for parks development for that area within the City's area of interest (or what would be the city's active: area, -when the above mentioned change is completed). 1 would suggest that it be the same amount that the city now charges, and in fact, would be collected by the City, and used in the same manner as the City's SDC. The City staff would be willing to perform any necessary staff work needed for documentation or writing the order for the Board. 3. Allow the City staff to do all building inspections within the City's area of interest, as well as within Ring City's area of interest. (The City of Tigard already does building inspections within the King City city limits). The City would collect all building permit related fees, and provide all building plans examining and inspection services. A draft intergovernmental agreement to that effect is attached. I look forward to working with you on these issues. S' re M y Communi y D velopment Director hr/EJM:UPAA.su 13125 SW Hall Blvd. P.O. Box 23397, Tigard Oregon 97223 (503) 639-4171 Cl Association of Metropolitan Portland Hone Builders A AMA 503/684-1880 503/245-0530 15555 S.W. Bangy Rd., Suite 301 • Lake Oswego, OR 97035 Fax # 503/684-0588 RECEIVED o~. 14AR 1 .4 740-, March 16, 1992 MV?4Yj jTYUEVELapMENT Bonnie Hays, Chairman Washington County Commissioners 155 N. First Avenue Hillsboro, Oregon 97124 Dear Chairman bays: ou and staff, we have During recent conversations between by allowing the City discussed opportunities that would be provided of Tigard to do all the inspections in the Bull Mountain area f your county. The Home Builders Association of Metropolitan advantages would outnumber the Portland has We kfeelt that time extensively. problems. While we understand the county's uneasiness with a change will create acmuch this, we feel that this change makes-sense, and easier process for the builders who are building in the area. This is a great chance for the county to take advantage of the 2040 goals and to look into the future and see where savings can bme that will help both the constituency and the county in proceeding toward more unified government policies in the nineties. I appreciate your attention to this matter. Please contact me if I can be of further help. Best Regards, Drake Bu sch Assistant Director DB/sb CC: Ed Murphy r - SFu. .5-Q55,'UYA P.3 SEP 16 ' 92 09:00 t GENERAL x992 B.4I L0_T_ MEASURE CHIEF PFTITIONERS Measure #1 Amends Oregon Constitution: Bonds May Be Issued For State Parks - Legislative Referral Measure 42 , Amends Oregon Constitution: Future Fuel Taxes May Go To Parks - Legislative Referral Measure #3 Amends Constitution: Limits Tercels For Legislature, statewide Offices, Congressional Offices Chief Petitioner. ' Frank Eisenzimmer 19393 SE Debora Dr., Boring; OR 97009 Phone: 665-4142. Measure #4 Bans Operation Of Triple Truck-Trailer Combinations On Oregon Highways Chief Petitioner: Bill McCoy 2205 N. Lombard, Portland, OR 97217 Phone: 286-8989 Measure #5 Closes Trojan Until Nuclear Waste, Cost, Earthquake, Health Conditions Met Chief -Petitioner: Kellie Petersen 2834 NE 62nd, Portland, OR 97213 Phone: 281-5297 Measure #6 Bans Trojan Power Operation Unless Earthquake, Waste Storage Conditions Met Chief Petitioner: Jerry Lee Wilson • 570 NE 53rd Street, Hillsboro, OR 97124 Phone: 640-8891 Measure #7 Raises Tax Limit On Certain Property; Residential Renters' Taut Relief Chief Petitioner: Phil Dreyet 306 SE Ash, Portland, OR 97214 -Phone: 231-8587 Measure ##8 Restricts Lower Columbia Fish Harvests To Most Selective Means Available Chief Petitioner: Wendell P. Haley _ 1840 NE 92nd Avenue, Portland, OR 97220 Phone: 658-6751 Measure #9 Amends Constitution: Government Cannot Facilitate, Must Discourage Homosexuality, Other "Behaviors" Chief Petitioner: Phillip.2, Ramsdell 8651 SW Salish Lane, Wilsonville, OR 97070 Phone: 682-0653 SEP 16 '9209 00 P.4 ,r> C SEP 16 '92 09:00 EF I P. S • Measure AMENDS OREGON CONSTITUTION: BONDS MAY BE ISSUED FOR STATE PARKS QUESTION: Shall Oregon's Constitution allow state to issue up to S250'million in general obligation bonds for state parks, recreation facilities?' SUMMARY-. Amends Oregon Constitution. would allow. state to issue up to $250 million in general ob.ligation bonds for State -Parke and ReOreation bevelcPment Fund. Fund would only be used for purchase and development of: State park system and cacnpin and recreational facilities in each count g scenic, cultural, historical or yl outstanding naigral, wildlife habitat and t recreational sites; and fish and wing areas. A4 valorem taxes on all taxable property in the state wo but Le uld guarantee bond repayment, gislature could repay with other revenues, including park user fees, Measure #2 2 H1q"S OREGON CONSTITUTION:. FUTURE FUEL TAXES MAY GO TO PARKS QUESTION: Shall Oregon's constitution be 4=ended to' allow legislature to dedicate 'future caotor vehicle fuel for state park'purposes? tax increases SUMMARY-. Amends Oregon constitution. The Constitution now limits use of motor vehicle maintenance of fuel taxes to construction and public roads and roadside rest areas. This change would allow'the•legislature to dedicate future increases in fuel taxes for the purchase, development and care of state Parks and recreation sites. Fuel tax increases for parks C "Purposes would be limited to two cents per year'a. The change would not a p' gallon every two PPly to fuel taxes now collected. P.6 SEP 16 '92 09:01 Measure #3 AMENDS CONSTITUTION: LIMITS TERNS FOR LEGISLATURE, _ STATEWIDE OFFICES, CONGRESSIONAL OFFICES QUESTION: Shall Oregon's Constitution be amended to limit. terms for Oregon legislators, statewide elected officers, and Oregon's U.S. Congress members? SUMMARY: Amends Oregon. Constitution. Limits terms in certain elected offices during person's lifetime. Limits apply only to terns startling after measure's adoption. Oregon legislature limits are 6 years in House of Representatives, 8 in Senate, 12 .total. Limit is 8 years for each statewide elected office. Oregon members of U_S_ Congress fimfted to 6 years in House of Representatives, 12 in Senate. No 'limits -for judicial offices. Bars candidacy if new term would exceed limits. Appointment or election to fill vacancy counts as full terin. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Measure #4 BALLS OPERATION OF TRIPLE TRUCK-TRAILER COMBINATIONS ON OREGON HIGHWAYS QUESTION: Shall Oregon law be.amended to ban the granting of permits for triple truck-trailer combinations on Oregon highways? SIIMMARY: Amends current law.. Change would ban'the granting of variance jexmits for vehicle combinations that include a; motor trick weighing -over 8,004 pounds and two self-supporting trailers, or a truck tractor and semitrailer drawing two self-supporting' trailers or semitrailers. All variance permits authorizing combinations barred by this Act would be cancelled on the Act's effective date- The effect of the Act would be to forbid the operation of triple truck-trailer combinations on .Oregon highways. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Measure #5. CLOSES TROJAN UNTIL NUCLEAR V4ASTE, COST, EARTHQUAKE, HEALTH CONDITIONS MET QUESTION: Shall Trojan nuclear power plant operation be barred until permanent federal waste site is licensed, other conditions met? SUMMARY: 'Enacts nevi law. Suspends operation Of Trojan. Provides that no Oregon nuclear power plant, including Trojan, shall operate unless the Energy Facility Siting Council finds, after a hearing: a permanent radioactive waste repository has been federally licensed and is accepting waste; the plant is then cost-effective; the plant can withstand major earthquakes without harming the public; and allowable radiation releases do not harm the public- If legislature declares electric power emergency and refers the question, voters may suspend or this late. SEP 16 '92 09:01 Measure #6 BANS TROJAN POWER OPERATION ZJN•GESS EARTHQUAKE, WASTE STORAGE CONDITIONS MET QUESTION: Shall law ban Trojan nuclear power plant operation unless plant meets earthquake standards, and until permanent waste storage site available? SUNW=z Act requires independent study of earthquake risk at, near Trojan site, plant's ability to withstand earthquake. Unless Siting council finds Trojan plant can withstand possible earthquake wit1hout harm-to life, property, natural resources, plant must cease operation. operator mitat pay for, cooperate with studies. Bans-Trojan operation 30 days after Act takes effect until federal permanent caste storage site available or on-site'storage does not exceed plaint's annual production. Plant closing costs not includable in rates- Citizens may intervene in rulemaking, contested case proceedings. P.7 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Measure #7 RAISES TAX LIMIT ON CERTAIN PROM=- V RESIDENTIAL RENTERS' TAX RELIEF QUESTION: Shall constitutional, property tax limit for.property other than owner-occupied residential property be increased, ' re'siden~ci al renters receive.tax relief? SU10M.RY: Amends Oregon Constitution. For 1993-94 and thereafter, measure would 3,ncrease property tax limit for'the school system category to $20 per $10000 of real market value on property other. than propeirty owned and occupied as a principal residence, current limits are $10 in 1993-94*, $7.50 in 1994-95, $S in 1995-96: Requires I,egaclative Assembly to provide property tax relief to residential renters equivalent to that provide"d to homeowners under -Article XI, section 11b(1), of the Oregon Constitution. } SEP 16 '92 09:02 Measure #8 C RESTRICTS LOWER COLUMBIA BISH HARVESTS TO MOST SELECTIVE MANS AVAILABLE k QUESTION: Shall state law restrict lower Columbia River fishing to most selective means available, to allow release of non-targeted fish unharmed? SUMMARY: Act: sets policy to harvest fish, in lower Columbia River 'by''most selective means available.'. Harvest between' `Colua(bia mouth and Bonneville Dam must be'bj most selective methods, to allow nontarget•fish to be returned to water unharmed. State must prepare management plans for species affected•by harvest, oppose some Columbia River gillnetting. Plan goals are to protect native species, genetic diversity of those species- State may sell salmon if numbers exceed goals, use proceeds to carryout Act. Act enforceable•by lawsutts against state. Measure #k9 AMENDS CONSTITUTION: GOVERNSW CANNOT FACILITATE, MUST DISCOURAGE•HOMOSEXDALITY, OTHER "BEHAVIORS". QUESTION: Shall constitution be amended to require that all governments discourage homosexuality, other listed `behaviors,- and not. facilitate or recognize them? SUMMARY: Amends Oregon const may not use their mitution. All governments in Oregon oriies or properties to promote, encourage or -facilitate homosexuality, pedophilia, sadism, or masochism. All levels of•government, including'public education systems, must assist in setting a standard for oregon•s youth which recognizes that these behaviors are "abnormal, wrong, unnatural and Perverse' and that they are to be discouraged and avoided. State may not recognize this conduct under "sexual orientation- or sexual preference, labels, or through quotas, minority st4tus, affirmative action, or similar concepts.- P.6 SEP 16 '92 09:02 ,r,~,:: .~P. 9 METROPOLITAN SERVICE DISTRICT M"SURE--26.1 BONDS TO BUY NATURAL AREAS AND FUND LOCAL PARKS C QUESTION: Shall Metro buy lands for parks, open space, wildlife habitat by issuing 20o mitro dollars of ganeral obligalion bonds? If the bonds are approved, they will be Paryabld taxes o. property or Property ownemhiP that are not eubjeet to the limits of section 116. ArticlefXi of the Ore loon Con Butt on. SUMMARY: Permits Metro to buy, develop, maintain and operate a park. open space and recreat6r syystein. Bonds will mature in 30 Yom: At toast 75 percent of bond funds will be for Metro parks, traih and open aAaces. Balartoe pf funds Will Jtetp buy ar d knprove fowl pants. Bond funds can not pay foi operation and maintenance Curtent Metro funds wr11 pay to hold lands until maintenance funds are available. FuSt year bond Cost will be about 32.5 rants er one thousand dollars • p assessed value. MEASURE-263 CfiARTER FOR METROPOLITAN SERVICE DimioT (METRO). QUA ON: Should people adopt Charter to Genic Metro powers, reform its structure, and give local control of Metro? . votMMProhibits ~ wed by eitlzen committee transfer: control of Metro from legislature to local ,L voters. Pro hs seergal from Mazes income, property and other broadly based taxes without voter ap- disaicts, rnits rva diva f without voter. approval. Continues council elected by auditor, elected by region. Reduces council 31ze from 13 to 7. Creates elected citizen involvement committee, local government advisory cornmhtee. Requires, as orimary function, growth* managernent Plahning to waser es region quality of Life. Assigns other• functions. Makes other provisions. Effective January 1, 1933, I PROCLAMATION RECYCLING AWARENESS WEEK WHEREAS, Oregonians appreciate our state's natural beauty and natural resources; and WHEREAS, good environmental habits like recycling and buying products made of recycled materials are vital elements of Oregon's quality of life; and WHEREAS, local governments, schools, businesses and industries are providing recycling opportunities and adopting environmentally- responsible buying practices. NOW, THEREFORE BE IT RESOLVED THAT I, Gerald R. Edwards, Mayor of the City of Tigard, Oregon, do hereby proclaim October 3 - 10, 1992 as the seventh annual RECYCLING AWARENESS WEEK in Tigard and encourage each Tigard resident to practice the waste reduction and recycling activities that are so vital to our state's future, its natural resources, and its quality of life. Dated this _ day of 1992. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be ixId. i' Gerald R. Edwards, Mayor City of Tigard Attest: ~~Z4 City Ri COUNCIL AGENDA ITEM y• 1a-, CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 8-18-92 DATE SUBMITTED: 8-18-92 ISSUE/AGENDA TITLE: PREVIOUS ACTION: N/A Budget Adjustment - Damaged Police Gar PREPARED BY: Wayne Low DEPT HEAD OK CITY ADMIN OK 14 / REQUESTED BY: Ron Goodoaster t. ISSUE BEFORE THE COUNCIL Shall the Tigard City Council appropriate insurance proceeds for the replacement of a damaged police car. STAFF RECOMMENDATION Staff recommends appropriation set forth in attached resolution. --------------INFORMATION SUMMARY A new police vehicle was severely damaged on August 16, 1992. A replacement vehicle will cost $15,500. The other driver's insurance carrier is expected to reimburse the City $12,500 for the loss to the City. Local budget law allows for the appropriation of insurance proceeds by resolution. In order to proceed with the purchase of a replacement police vehicle, the Council must adopt the attached resolution to provide the necessary budget authority. PROPOSED ALTERNATIVES 1. Adopt attached resolution. 2. Do nothing. FISCAL NOTES Recognizes revenue in the General Fund in the amount of $12,500. Appropriations for police capital are increased by $15,500 and general fund contingency is decreased by $3,000. CITY OF TIGP COUNCIL AGENDA AGENDA OF: September 22, 1992 ISSUE/AGENDA TITLE: Appropriate storm sewer contingency for Main Street ro ' ect . a DEPT HEAD OK CITY ADMIN OK COUNCIL AGENDA ITEM i4li b ,RD, OREGON ITEM SUMMARY DATE SUBMITTED: September 11, 1992 PREVIOUS ACTION: PREPARED BY: Wa ne Lowry lklwq- REQUESTED BY: Shall the Tigard City Council appropriate contingency in the storm sewer fund for storm sewer construction on Main Street. STAFF RECOMMENDATION Staff recommends appropriation set forth in attached Resolution. - INFORMATION SUMMARY The Streets CIP budget for FY 1992-93 includes funding for reconstruction of Main Street pavement between Scoffins Street and Pacific Highway. During design of this project, television inspection of existing sewer lines was performed to determine the condition of the existing lines. The existing storm sewer lines under the street have more defects than expected and should be replaced when the street is reconstructed. The estimated cost of replacing the storm sewer is $20,000. Funds already appropriated for storm sewer capital projects are not sufficient to include this project. Storm sewer fund contingency is currently budgeted at $170,000. PROPOSED ALTERNATIVES 1. Appropriate contingency as recommended. 2. Do nothing. FISCAL NOTES 1. Increase storm sewer capital project budget by $20,000. Decreases storm sewer contingency by $20,000. t ! j\TP }.~\1 COUNCIL AGENDA ITEM oZ 4. 1 l` CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY (Local Contract Review Board) AGENDA OF: Sept 22, 1992 DATE SUBMITTED: Sept 10, 1992 ISSUE/AGENDA TITLE: Main Street PREVIOUS ACTION: Reconstruction Bid Award PREPARED BY: GaryAlfson DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Award the contract for the Main Street Reconstruction project from Scoffins Street to Pacific Highway. STAFF RECOMMENDATION Authorize the City Administrator to sign a contract with Porter W. Yett Co. INFORMATION SUMMARY The Main Street Reconstruction project involves the reconstruction of the existing deteriorated pavement from Scoffins Avenue north to Pacific Highway. Five bids were received from contractors to perform the construction. The bid results are as follows: Porter W. Yett Co., Portland $126,978.75 Kerr Contractors, Tualatin $134,048.45 Northwest Earthmovers, Inc. Tualatin $172,497.00 Ken Hood Construction, Milwaukie $182,825.00 Benge Construction, Lake Oswego $197,489.50 The Engineer's estimate was $135,000. PROPOSED ALTERNATIVES 1. Award the contract to the lowest responsible bidder. 2. Reject all bids. FISCAL NOTES The project is funded by the Tigard Capitgl Improvement Projects Budget. ga\ss-main.ga C AGENDA OF: Sept 2 ISSUE/AGENDA TITLE: and Parkina Lot In DEPT HEAD OK TY CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY (Local Contract Review Board) DATE SUBMITTED: Sept.10, 1992 PREVIOUS ACTION: PREPARED BY: Gary Alfson REQUESTED BY: Award the contract for construction of the Burnham Street and Parking Lot Improvements project. STAFF RECOMMENDATION Authorize the City Administrator to sign a contract with the low Bidder. INFORMATION SUMMARY The Burnham Street and Parking Lot improvements project involves the construction of curb and sidewalk along Burnham Street and parking lot improvements, as required by the conditions of development for the TEI building, and construction of a one way access from the City Hall to Burnham Street. Bids will be received from contractors on Sept. 15 and the bid results will be sent to the Council prior to the Sept. 22nd meeting. PROPOSED ALTERNATIVES 1. Award the contract to the lowest responsible bidder. 2. Reject all bids. FISCAL NOTES Funds for this project are included in the FY 1992-93 General Capital Improvements Budget under. Burnham Driveway Connection ($15,000)• and TEI 1/2 Street Improvements ($10,000). ga\ss-brnhm.ga COUNCIL AGENDA ITEM 01'S) O C. MEMORANDUM CITY OF TIGARD c.l, a 5. f Lx SQ pit-, 2-Z, t 4Qa TO: Pat Reilly September 15, 1992 FROM: Gary Alfs=64 SUBJECT: Burnham Street & Parking Lot Improvements Bid Opening (Item 4.2b on Council Agenda of September 22, 1992 Bids were opened on September 15, 1992. Five bids were received, as follows: Benge Construction, Lake Oswego $ 24 307.00 Parker NW Paving, Oregon City $ 25 640.00 Hoss Paving, Hillsboro, OR $ 31,355.00 Kerr Contractors, Tualatin, OR $ 31,715.00 Goldie Gentle Const. c 1-4 ,cm The City's. budget for this project is $25,000.00. We recommend award of the Burnham Street & Parking Lot Improvements to the low bidder, Benge Construction. C AGENDA OF: ISSUE/AGENDA DEPT COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY (Local Contract Review Board) 22, 1992 DATE SUBMITTED: Sept 10 1992 Bonita Road and PREVIOUS ACTION: Si anal Bid Awar PREPARED BY: Gary Alf son CT4'V AnMTN OK REQUESTED BY: Award the contract for construction of the Bonita Road and Hall Blvd Traffic Signal Improvements. . STAFF RECOMMENDATION Authorize the City Administrator to sign a contract with Grasle Electric, a division of Dynalectric Company. INFORMATION SUMMARY The Bonita Road and Hall Blvd Traffic Signal Improvements involves the construction of a new traffic signal. The signal will be owned and operated by the state upon completion. Three bids were received from contractors to perform the construction. The bid results are as follows: Grasle Electric Tice Electric, Portland Cherry City Electric, Salem $112,849.00 $118,990.00 $122,504.00 The Engineer's estimate was $116,000. PROPOSED ALTERNATIVES 1. Award the contract to the lowest responsible bidder. 2. Reject all bids. FISCAL NOTES The project is funded by the Traffic Impact Fees (TIF). ga\ss-bonhl.ga COUNCIL AGENDA ITEM 0, 3 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: _September 22. 1992 DATE SUBMITTED: 9/11/92 ISSUE/AGENDA TITLE: Collective PREVIOUS ACTION: Bargaining Agreement - OPEU Executive Session 8/18/92 PREPARED BY: J. Deardorff e,4D DEPT HEAD OK _ CITY ADMIN O REQUESTED BY. J. Deardorff ISSUE BEFORE THE COUNCIL A new collective bargaining agreement has been reached between the City of Tigard and OPEU, Local 199. STAFF RECOMMENDATION - Approve new contract as proposed effective 7/1/92 through 6/30/95. INFORMATION SUMMARY The City and OPEU have been negotiating a new agreement since February 1992. Both parties reached a'tentative agreement on 6-30-92. OPEU ratified the agreement on August 7, 1992. Formal Council approval is necessary following the dicussion and approval in Executive Session, August 18, 1992. PROPOSED ALTERNATIVES 1. Approve 2. Approve with modifications FISCAL NOTES Per new collective bargaining agreement. TABLE OF CONTENTS PREAMBLE . ■ . . ■ . . . ■ ■ . . ■ . ■ . . ■ . . . . . ■ ■ . ■ ■ . ■ . . . i ARTICLE 1 - RECOGNITION Section 1. Bargaining Unit . . . . . . . . . . . . . . . . 1 Section 2. Non-Discrimination . . . . . . . . . . 1-2 Section 3. New Classifications . . . . . . . . . . . . . . . . . 2 ARTICLE 2 - SAVINGS CLAUSE 2 ARTICLE 3 - EMPLOYEE RIGHTS . 2 3 - ARTICLE 4 - MANAGEMENT RIGHTS ARTICLE 5 - UNION SECURITY Section 1. Dues Checkoff . . . . . . . . . . . . . . . . . 3-4 Section 2. Fair Share 4 Section 3. Indemnification . . . . . . . . . . . . . . . . . . . 4 ARTICLE 6 - UNION RIGHTS 5 . Section 1. Meetings with the City . . . . . . . . . . . . . . . . 5 Section 2. Negotiations . . . . . . . . . . . . . . . . 5 Section 3. Bulletin Boards . . . . . . . . . . . . . . . . . . . 5 Section 4. Personnel Policies . . . . . . . . . . . . . . . . . . 5 ARTICLE 7 - CITY SECURITY 6 5- ARTICLE 8 - SENIORITY, PROBATIONARY PERIOD, POSTING, PROMOTIONS, AND RECLASSIFICATION 6-8 Section 1. Determining Seniority . . . . . . . . . . • . ,6 ' Section 2. Probationary Period . . . . . . . . . . . . . . . • 6 Section 3. Job Posting . . . . . . . . . . . . . . . . . . . . . 6 Section 4. Promotions . . . . . . . . . . . . . . 7 Section 5. Reclassifications . . . . . . . . . . . . . . . . . 7-8 ARTICLE 9 - HOURS, OVERTIME AND PREMIUM PAY . 8-10 Section 1. Work Week . . . . . . . . . . . . . . . . . . . . 8 Section 2. Overtime . . . . . . . . . . . . . . . • • . 9 Section 3. Payment of Overtime . . . . . . . . . . . . . . . . 9 Section 4. Shift Change Premium . . . . . . . . . . . . 9 Section 5. Call-Back . . . . . . . . . . . . . . . . 9-10 Section 6. Acting in Capacity . . . . . . . . . . . . . . . . . . 10 ARTICLE 10 - HOLIDAYS 10-11 C ARTICLE 11 -VACATION 11-12 Section 1. Accrual . . . . . . . . . . . . . . . . . . . . . . . 11 Section 2. Utilization . . . . . . . . . . . . . . . . . . . 11-12 ARTICLE 12 - BENEFITS 12-15 Section 1. Life Insurance . . . . . . . . . . . . . . . . . . . . 12 Section 2. Medical Insurance . . . . . . . . . . . . . . . . 12-13 Section 3. Dental Insurance . . . . . . . . . . . . . . . . . . . 13 Section 4. Vision Insurance . . . . . . . . . . . . . . . . . 13-14 Section 5. Disability Insurance . . . . . . . . . . . . . . . . . 14 Section 6. Retirement . . . . . . . . . . . . . . . . . . . . 14 Section 7. Flexible Spending Account . . . . . . . . . . . . . . 14 Section 8. Part-Time Employees . . . . . . . . . . . . . . . . . 14 Section 9. Carrier Selection . . . . . . . . . . . . . . . . 14-15 ARTICLE 13 - SALARIES 15-16 Section 1. Wage Rates . . . . . . . . . . . . . . . . . . . . . . 15 15 Section 2. Probationary Step . . . . . . . . . . . . . . . . . . Section 3. Evaluations . . . . . . . . . . . . . . . . . . . 15-16 ARTICLE 14 - TRAINING AND REIMBURSEMENT T RRX,1EL 16-18 , Section 1. Mileage Reimbursement . . . . . . . . . . . . . . . . 16 Section 2. Expense Reimbursement . . . . . . . . . . . . . . . 16 Section 3. Training . . . . . . . . . . . . . . . . . . . . . . . 16 Section 4. Tuition Reimbursement . . . . . . . . . . . . . . 16-17 Section 5. Clothing Allowance . . 17 Section 6. Boot Allowance . . . . . . . . . . . . . . . . . . 17-18 18 Section 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 15 - SICK LEAVE 18-19 Section 1. Accrual . . . . . . . . . . . . . . . . . . . . . . . 18 Section 2. Utilization . . . . . . . . . . . . . . . . 18-19 Section 3. Physician's Certificate . . . . . . . . . . . . . . . 19 Section 4. Termination and Retirement . . . . . . . . . . . . . . 19 ARTICLE 16 - OTHER LEAVE 19-20 Section 1. Bereavement Leave . . . . . . . . . . . . . . . . . . 19 Section 2. Jury and Witness Duty . . . . . . . . . . . . . . 19-20 Section 3. Leave Without Pay . . . . . . . . . . . . . . . . . . 20 Section 4. Military Leave . . . . . . . . . . . . . . . . . . . . 20 Section 5. Parental Leave . . . . . . . . . . . . . . . . . . 20 ARTICLE 17 - LAYOFF 21-22 Section 1. Notice . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 2. Order of Layoff . . . . . . . . . . . . . . . . . . . 21 Section 3. Bumping . . . . . . . . . . . . . . . . . . . . . . . 21 Section 4. Recall . . . . . . . . . . . . . . . . . . . . . . . . 22 Section 5. Severance Pay . . . . . . . . . . . . . . . . . . . . 22 C . . . . • • • ARTICLE 18 - DISCIPLINE AND DISCHARGE 22-2~ . . C . 22-23 . • . : : Section 1. Just cause . . . . . . . . . . . . . . Section 2. Suspension Pending investigation . . . . . • . ' ' , . 23 . , 23_24 Section 3. Due Process . • . • • • ' • . 24 ARTICLE 19 - PERSONNEL RECORDS . 24 Section 1. File Access . . • • • . ' ' . . . . . . , Section 2. Removal of material •from File . . _ . . . . , , . . 24 . . , , 24 Section 3. . • • • • • • ' . ' ' ' ' ' TRACTING AND SUBCONTRACTING OF WORK . 25 . ARTICLE 20 - CON ARTICLE 21 - GRIEVANCE PROCEDURE . 25-27 , Section 1. Procedure . • • • • • • ' ' ' ' . : . . . . . 27 , Section 2. Time Limits . • • • • • • ' ' ' TERM OF AGREEMENT AND REOPENING 27 . ARTICLE 22 - APPENDIX A - SALARY RANGES AND JOB TITLES 28 . C C PREAMBLE This Agreement is entered into as of July 1, 1992, by the City of Tigard Employees, OPEU Local 199, SEIU, AFL-CI, hereinafter referred to as the "Union, and the City of Tigard, referred to as the "City," for the purposes of collective bargaining. t bis the etween purpose the above-tment oned document partiese on fomatterth full Agreemen relating to employment relations. The City and the Union acknowledge that during the negotiations o any which resulted in this Agreement, each had the w n imite spectd opportunity to make demands and proposals subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreement arritydaat by the parties after the exercise of that right and opportuni and the set forth in full in this Agreement. Therefore, the City and Union, for the life of this Agreement, each voluntarily unqualifiedly waive the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Ag referred or with respect to any subject or matter not specifically to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at that time that they negotiated or this Agreement. ARTICLE 1 - RECOGNITION Section 1 Bargaining Unit: The city recognizes the Oregon Public Employees Union as the sole and exclusive bargaining agent, for the purpose of establishing wages, hours, and conditions of employment, employees Exhibit "A" ,schfor all eduled tolworkm40 for the ees classiications regular empl mployy part-time employees (those hours per week) and for all regular, pa per week, employees regularly scheduled to work All seasonal employees (those but less than 40 hours per week). hired to work for a fixed period of time which is less than one ed to work year), casual, irregular and all other employeesuare excluded from than 20 hours per week), the bargaining unit. Any employee employed on a temporary basis will be excluded from the bargaining unit, provided that if such employee works 0fullhours orlregular part-timeoase the tcases maylbe, changed to regular for purposes of this Agreement. Section 2. Non-Discrimination: This Agreement shall be applied shUni all bare equallyfthe equally to all employee reason. Union discrimination for any responsibility for applying the provisions of this paragraph. ^ city of Tigard and OPEU - Expiration Date: June 30, 1995 Inasmuch as both State and Federal law include mechanisms for the resolution of discrimination issues, the Union and the City agree that the provisions of thi-- Section may be used as the basis for a Step 1 through Step 3 grievance, but shall not be pursued to step 4 - Arbitration, or otherwise cited as the basis for a claim of a violation of this Agreement. Section 3. New Classifications: The City shall notify the Union of its decision to change an existing or add a new classification by sending a copy of the new or revised classification description to the Union. The City shall also notify the Union of any change in job duties of an existing classification if such a change may affect the employee's representation status. The City shall also advise the Union as to whether or not it regards the new or revised classification or position to be within or outside the bargaining unit. If the City and the Union cannot agree as to whether or not such new or revised classification or position should or should not be included in the bargaining unit, the dispute shall be submitted to the Employment Relations Board. The party that is proposing to change the status quo shall submit the request to the Board. When the parties are unable to agree as to the representation status of such new or revised classification or position, the City shall have the option of leaving the position vacant or filling the position at a provisional wage rate until the issue is resolved. If such a position is filled on a provisional basis and if there is a subsequent adjustment in the wage rate, such adjustment shall be retroactive to the date that the position was filled. The Union ` shall have the right to bargain over the appropriate salary ranges for any new or substantially changed classification within the bargaining unit. ARTICLE 2 - SAVINGS CLAUSE If any Article or Section of this Agreement or any amendment thereto should be held invalid by operation of the law, or by any lawful tribunal having jurisdiction, or if compliance with or enforcement of any Article or Section should be restricted by such tribunal, the -remainder of this Agreement and addenda shall not be affected thereby, and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement for such Article or Section. ARTICLE 3 - EMPLOYEE RIGHTS Employees shall have the right to form, join, and participate in the activities of employee organizations of their own choosing, for the purpose of representation on matters of employee relations. Employees shall have the right to refuse to join or participate in C City of Tigard and OPEU - Expiration Date: June 30, 1995 2 the activities of any employee organization. No employee shall be interfered with, intimidated, restrained, coerced, or discriminated against by the City or by any employee because of his/her exercise of these rights. ARTICLE 4 - MANAGEMENT RIGHTS The City Administrator and department heads shall exercise the sole responsibility for management of the City and direction of its work force. To fulfill this responsibility, the rights of the City include, but are not limited to: establishing and directing activities of the City' s departments and its employees, determining new and method ot services to be rendered he stand r introduction service of operation, including romoti equipment; ; establishing procedures and standards for employment and p layoff, transfer, and demotion; to discipline or discharge for just cause; determine job descriptions; determine work schedules and assign work, and any other rights, except as expressly limited by the terms of this Agreement. In all matters not specifically limited by this contract, the City shall have a clear right to make and to implement decisions in all such areas on a unilateral basis. All such decisions and actions shall not be subject to the contract grievance procedure or other claim of a violation of this Agreement. ARTICLE 5 - UNION SECURITY Section 1. Dues Checkoff: The City, when so authorized and directed in writing by an employee member of the bargaining unit on bargaining the authorization form provided by the City, will deduct unit dues and insurance premiums from the wages of such employee. The City will not be held liable for check-off errors but will make proper adjustments when notified of errors as soon as is practical. It is also agreed that neither any employee nor the Union shall have any claim against the City for any deduction made or not made, as the case may be, unfive (45)acalendarrdayssafter thewdatensuch the City within forty- deductions were or should have been made. For all dues deduction authorizations received on or before the 10th of the month, dues deductions shall be made for the month in which the application -is submitted. Dues will contin?ie to be deducted until the employee rescinds the request in writing. Copies of all such requests for dues cancellation shall be transmitted to the Union. The Employer will also notify the Union in writing of changes or proposed changes in any employees' dues or fair share status under Article 5 of the Agreement. C city of Tigard and OPEU - Expiration Date: June 30, 1995 s C The aggregate deductions of all employees, together with an itemized statement, shall be remitted to the Union no later than the 10th day of the month following the month for which the deductions were made. The itemized listing of the Union members shall reflect employees' terminations, retirements, cancellations, leave without pay, return from leave without pay, new members, salary change, new changes, or any other personnel action which would reflect the amount of dues withheld. The City agrees to automatically adjust the dues amount for employees whose salaries increase or decrease during the term of this Agreement. Section 2. Fair Share: Employees covered by the terms and conditions of this Agreement and who have not authorized the deduction of dues pursuant to Section 1 hereof shall have payments in lieu of dues (fair share) deducted from their pay for transmittal to the Union in accordance with the provisions of Section 1 hereof. The amount of the fair share payment shall be the bona fide cost of representation as certified in writing by the Union to the City and shall not exceed the dues required of employees who are members of the Union. The City shall notify all newly hired employees of this requirement at the time of employment. The names of all newly hired employees under this Agreement will be submitted to the Union President within ten (10) days of their date of hire. Bargaining unit members who exercise their right of non-association only when based on a bona fide religious tenet or teaching of a church or religious body which such employee is a member, shall pay an amount of money equivalent to regular monthly dues to a non- religious charity or to another charitable organization mutually agreed upon by the employee and the Union. Such payment shall be remitted to that charity by the City within ten (10) calendar days of the time dues or fair share payments will have been taken out of the employee's paycheck. The City shall, within ten (10) calendar days of its receipt, send a copy of such certification to the Union: If an employee fails to provide certification to the City by the 10th day, the City shall resume dues or fair share deductions until such notice is provided. Fair share payments shall be deducted from the wages of non-member employees in accordance with ORS 243.672(1)(c). The aggregate deductions of all fair share payers shall be remitted, together with an itemized statement, to the Union no later than the 10th day of the month following the month for which deductions were made. Section 3. Indemnification: The Union will indemnify, defend, and hold the City harmless against any suit instituted against the City as a result of any City action taken pursuant to the provisions of this Article. C City of Tigard and OPEU - Expiration Date: June 30, 1995 4 C-7 r- 71 ARTICLE C - UNION RIGHTS steward Section 1. Meetin s with the Cit : A Union evolved inloa repres entativeand employees who are directly grievance shall be allowed to attend meetings The Union particular without loss of regular pay. attend representatives of the City or employees it shall shall advise the City as to which employee is set, and the responsibilwhenity the time for the meeting to ee to provide ht to change the time of any supervisor. advance notice of the meeting The City reserves the operations. unduly disrupts City Section 2. Ne otiations: The negotiating team of the Union, to be 4 employees, each from a diffecompriserent d department, not more more shall than be four perm tted to attend negotiation pay meetings with City representatives witho the loss of :r work hours of regula the such involved employeeares. scheduled during to the above provided time off for negotiations, each of the Union's bargaining team members shall hours for be released from duty for up to a total of three the course of negotiation preparations and related activity during negotiations. Bulletin Boards: The City agrees to furnish and Section 3. ace in convenient places to be maintain suitable bulletin board sP posting of notices used by the Union. The Union shall limit its po agrees that the and bulletins to such bulletin boards. The The Union agrees Union may utilize the inter-office electronic mail system as another form of communication between employees. onion agrees or that the E-Mail system will not be used to discuss ne to transmit confidential material such as grievance information. The Union agrees to restrict the use of E-Mail to activities not prohibited by the contract. shall submit a copy of Section 4. Personnel Policies: The C it ypersonnel Policies and any proposed revisions to the city' Procedures Manual to the Union for comment before such revisions are adopted. The Union shall be provided a copy of any work rules or other written memoranda that are distributed to all emptoYees The in City the City s or to all employees of a department of the City. maintain an up-to-date genera10ffi.ce pr Wridtten departmental shall be available in the Personnel policies and procedures will be made available in the department. ARTICLE 7 - CITY SECURITY The union agrees that during the term of this contract its City of Tigard and OPEU - Expiration Date: June 30, 1995 5 C membership will not participate in a strike, work stoppage, sympathy strike, slowdown, or other interruption of work. Any violation of this Article shall be grounds for disciplinary action up to and including discharge. There shall be no lockout of eatpioyees during the term of this Agreement. ARTICLE 8 - SENIORITY, PROBATIONARY PERIOD, POSTING, PROMOTIONS, AND RECLASSIFICATION Section_ 1. Determining Seniority: For the purpose of this Agreement, seniority shall be defined as an employee's length of continuous service with the City from the most recent date of hire in a regular, full-time or regular, part-time bargaining unit position. No employee who has accrued seniority as of the date of the Agreement will lose seniority by reason of this provision. Section 2. Probationary Period: (a) New Employee: The probationary period shall be six (6) months for all new employees. By mutual agreement of the City and the Union, an extension of the probationary period for a maximum of three (3) months may be implemented. During the probationary period, an employee by be discharged at the sole discretion of the City without any reasons or cause being shown. (b) Promoted or Transferred Employee: A newly promoted or transferred employee will be subject to a probationary period of six (6) months in the new classification. By mutual agreement of the City and the employee, an extension of the probationary period for a maximum of an additional three (3) months may be implemented. During a promotional or transferee probationary period, an employee will continue to be considered a regular employee, will continue to accrue seniority, and shall be protected in discipline and discharge procedures on the same basis as other regular employees. However, during such a promotional or transferee probationary period employee may be returned to his/her previous classification at the sole discretion of the City. Written notice to the employee of the reasons for the action shall be provided. Employees shall have the right to return to their previous classification during the probationary period at their request. Section 3. Job Posting: All vacancies to be filled shall be posted on appropriate bulletin boards for at least five (5) days prior to the application deadline. City of Tigard and OPEU - Expiration Date: June 30, 1995 Section 4. Promotions: The parties agree that the most qualified applicant for a promotional opportunity will be given preference in filling any such vacancy. Employees shall be granted interviews and shall be given full consideration for all promotional opportunities, if they meet the qualifications. In cases where two (2) current City employees are considered, in the judgment of the City, to be equally qualified for a promotion, the promotion shall be given to the employee who has the greatest seniority. At the time of the promotion, an employee shall receive a pay increase of at least five percent (5%) . The promoted employee's pay rate shall not, however, exceed the established pay range for the classification to which he or she is being promoted. Any employee who is interviewed for a position, and who is not selected, shall upon request, be entitled to a meeting with his or her supervisor to discuss actions he or she might take to become a more viable candidate for future openings. Section 5. Reclassification: If an employee has good reason to believe that the duties of his/her position are no longer consistent with the classification to which he/she is assigned, a classification review request may be submitted in writing to the employee's supervisor. The classification review request shall detail the specific changes in job duties that have occurred since the effective date of this Agreement or the specific inconsistencies that exist between his/her job duties and current classification. If the matter is not resolved between the employee and supervisor, the employee may within thirty (30) days following the employee's written classification review request submit a written classification review request to the department head. The City shall have thirty (30) days to review and respond to a classification review request and shall have an additional thirty (30) days if an outside consultant is to be retained for the purpose of reviewing the request. Wage adjustments which may result from this process may involve either an increase or a reduction in the employee's compensation, in no case retroactive for more than thirty (30) days previous to the date the written classification review request is submitted to the supervisor under this Section 5. No classification review request may be submitted by an employee during the period of his or her probationary service with the City. An employee's merit review date will not be changed by reason of reclassification under this Section 5. The foregoing shall not be construed as preventing the City from exercising its right to transfer employees, to assign job duties, to define and redefine the job duties of any position, and upon its own initiative to reclassify positions pursuant thereto. When a position is reclassified, the incumbent who is subject to the reclassification shall be paid as follows: (a) If the new classification has a higher maximum rate of pay, the employee shall be paid the minimum rate of the new classification or his/her current rate of pay plus City of Tigard and OPEU - Expiration Date: June 30, 1995 7 C five percent (5%) whichever is greater. If the employee's current rate of pay exceeds the maximum rate of pay of his/her new classification, the employee shall be maintained at his/her current rate of pay until such time as the maximum rate of pay of the new classification exceeds his/her current pay. (b) If the new classification has a lower maximum rate of pay, the employee shall receive his/her existing rate of pay but shall not be eligible for cast-of-living increases until such time as the established maximum pay rate for the new classification exceeds his/her rate of pay. If the employee works in such new classification as a result of employee request or in lieu of layoff the employee will be paid the applicable rate of pay for the lower classification given the length of the employee's service. All reclassifications shall be effective upon the first of the month following the month in which the reclassification request was submitted to the City. No grievance regarding an employee's classification assignment may be filed until after the provisions of this Section have been exhausted. If a grievance regarding an employee's classification assignment is pursued to arbitration, the arbitrator shall be bound to the standards contained in this Section in making his/her determination. C ARTICLE 9 - HOURS, OVERTIME, AND PREMIUM PAY Section '1. Work Week: The work week, consistent with the operating requirement of the City, shall be a 5-8, 4-10, flexible or part-time as follows: (a) A 115-8" work schedule shall consist of five (5) consecutive days of eight (8) work hours each. (b) A 114-10" work schedule shall consist of four (4) consecutive days of ten (10) work hours each. (c) A "flexible" work schedule shall be equal in total hours worked during the pay period to that of a 115-8" employee but shall have no maximum or minimum number of work hours per day or work days per week. Such work schedule shall not be in effect unless agreed upon in advance by the individual affected employee and the City. (d) "Regular part-time" employees shall be scheduled to work a portion of any of the above-specified schedules. City of Tigard and OPEU - Expiration Date: June 30, 1995 8 Section 2. Overtime: The City application of ORS 279.340 andndshthe all U utilize agree e the following provisions in determining compensation for overtime: All authorized work shall be compensated at the rate of time-and- one-half for work under the following conditions: (a) Employees assigned to a 5-8 schedule shall receive overtime credit for for eight any work after any wo k performedon(t work day, any he 6th or 7th day of the employee's work week. (b) Employees assigned to a 4-10 schedule shall receive overtime credit for any k work after performed eon (the 5th, aor work day and for any work 7th day of the employee's work week. (c) Employees assigned to a flexible work schedule shall receive overtime credit for all authorized work hours that exceed 40 hours per week. All overtime pay shall be computed to the nearest one-quarter (1/4) hour. Under no conditions will overtime be paid twice for the same hours work. Section 3. Payment of Overtime: Overtime that n Which s he ul ked compensatory time off during the pay pe shall be paid in cash or, at the option of the employee, be taken of pton the he mpldurioyee as time off. The time shall be scheduled request, consistent with the operating needs the following four (4) month period. If the time cannot be scheduled after three employee requests, the employee's fourth request to schedule time off during the four (4) month period shall be accommodated. Time off not requested or scheduled within four (4) months or accrual shall be paid for. A permanent record of the overtime accrued shall be available to the employees for inspection upon request. All accrued compensatory time shall be paid in cash upon termination of employment with the City. Section 4 Shift Change Premium: If an employee's regularly (7) days scheduled work hours are changed with less than se the modified advance notice, those hours upon the first day o schedule that fall outside of the o g a ly scheduled hours sshal hall be paid at the overtime rate. The provisions not apply if the change in work hours is at the request of the employee or is the result of an unforeseeable circumstance, such as inclement weather. Section 5. Call-Back: Any employee who has completed his/her work day and departed the City's premises upon completion of said day and is then called back to work more than two (2) hours before the start of his/her next normal shift will receive a minimum of two ( 9 City of Tigard and OPEU - Expiration Date: June 30, 1995 C (2) hours pay at time-and-one-half of the employee's regular rate of pay. In the event such a call-in occurs less than two (2) hours prior to the start of the employee's next normally scheduled shift, the employee shall receive overtime pay until the start of his/her regular shift, at which time he/she will begin receiving compensation at his/her regular straight-time rate. Section 6. Acting in Capacity The parties agree to strive to encourage and provide on-the-job training for employees. When an employee is assigned for a limited period to perform any substantial portion of duties relative to tasks assigned in a higher level of classification for more than fifteen (15) consecutive or nonconsecutive days (eight (8) hours or any portion thereof), that employee shall be paid premium pay of ten percent (10%). An employee performing duties out of classification for training and developmental purposes shall be so informed in writing, and it shall be mutually agreed to by the supervisor and the employee. The notice shall state the purpose and length of assignment. During the training, there shall be no extra pay for the work. A copy of the notice shall be placed in the employee's file. Any City employee who, in addition to his/her regular duties, is functioning as a lead worker to three (3) or more Community Service Workers performing work for the City at the direction of the Court shall qualify for acting in capacity pay under this Section 6. ARTICLE 10 - HOLIDAYS The City of Tigard shall observe the following paid holidays: New Year's Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Day One (1) floating holiday If a holiday falls on a Saturday, it will be observed on the previous Friday; if it falls on a Sunday, it will be observed on the following Monday. C City of Tigard and OPEU - Expiration Date: June 30, 1995 10 A regular full-time employee shall receive eight (8) hours pay for each of the holidays listed above on which he/she performs no work, provided the employee works the scheduled day before and the scheduled day following the holiday unless the employee is on paid leave status. If an employee is required to work on any of the holidays listed above, he/she shall be compensated for all hours worked at the rate of time-and-one-half with a minimum guarantee of two (2) hours work. Holiday benefits for regular, part-time employees (twenty (20) hours per week or more) shall be granted on a prorated basis (hours per week worked divided by forty (40)) provided the employee has worked an average of twenty (20) hours per week in the preceding calendar month and the employee works the employee's scheduled day before and day after the holiday or is on paid leave status. In the first month of employment average hours worked per week will be determined on the basis of weeks worked in the month, fractional weeks excluded. ARTICLE 11 - VACATION Section 1. Accrual: Full-time employees shall accrue vacation days at the following rates: 0 to 6-month probation period No monthly accrual, - 20 hours of vacation credited upon successful completion of probationary period. 6 months to 1 year of service 7.0 hours/month After the 1st anniversary of service 8.0 hours/month After the 5th anniversary of service 10.0 hours/month After the 10th anniversary of service 12.5 hours/month After the 15th anniversary of service 14.0 hours/month After the 20th anniversary of service 16.0 hours/month A part-time employee shall accrue vacation on a prorata basis based upon the relationship regular paid hours per week and forty '(40). Notwithstanding the above-specific rates of vacation accrual, no employee shall be allowed to accumulate vacation in excess of one hundred-sixty (160) hours. It shall be the responsibility of each employee to schedule sufficient vacation so that he or she is not denied accrual of additional vacation. Section 2. Utilization: Vacation periods shall be scheduled at the mutual agreement of the City and the individual employee based on the employee's request, seniority, and the operational needs of City of Tigard and OPEU - Expiration Date: June 30, 1995 11 the City. Once scheduled, there will be no vacation scheduling bumping. An employee shall also be allowed to convert up to two (2) weeks of accrued vacation time into cash, provided he or she is also taking at least one (1) week of vacation time off. All regular employees shall be entitled to payment for unused vacation leave upon separation from City service. In the event of death, the employee's heirs will be entitled to payment for unused vacation leave. Approved vacation leave may not be canceled by the City except in the event of an emergency which creates an abnormal work load or other condition not under the control of the City. In the event of such condition or emergency, the employee shall be notified of the cancellation in writing. Unrecoverable transportation or lodging deposits, provided the employee notified the City of same at the time that the vacation was canceled, will be paid by the City if the employee produces proof of such unrecoverable deposits. ARTICLE 92 - BENEFITS Section 1. Life Insurance: The City shall provide each employee with a $25,000 group term policy and will pay one-hundred percent (100%) of the premium. Section 2. Medical Insurance. The City agrees to provide League of Oregon Cities Blue Cross Plan II/PPO coverage or substantially equivalent coverage for each employee and all enrolled dependents, subject to the following: a) Effective as of the first day of the month following ratification the City will make up to the following medical insurance contributions: Class of Coverage Maximum 1 - Blue Cross Plan II/PPO City Contribution Employee only $117.05 Employee + one $293.05 Employee + two or more $352.80 Employees electing Blue Cross Plan IV-A or Kaiser medical coverage will be responsible for any additional cost required by the difference between the premium for the class of coverage under Plan II and the premium for the same class of coverage under Plan IV-A or Kaiser. City of Tigard and OPEU - Expiration Date: June 30, 1995 12 2 - Effective 7-1-93 increase maximum City contribution at each level by 12.50. 3 - Effective 7-1-94 increase maximum City contribution at each level by 12.5% above 7-1-93 maximum. 4 - Should combined health, dental, and vision premiums for employee + two or more coverage effective 7-1-93, or 7-1- 94, increase by 150 or more the parties shall at the request of either party reopen discussion concerning the restructuring of contribution rates and/or a restructuring of benefits. Modifications will be made by mutual agreement. Section 3. Dental Insurance. Effective as of the first day of the month following ratification the City will make up to the following dental insurance contributions: Class of Coverage Maximum 1 - Blue Cross Plan II-Dental City Contribution Employee only $ 17.25 Employee + one $ 29.80 Employee + two or more $ 51.75 2 - Effective 7-1-93 increase maximum City contribution at C each level by 12.5%. _ 3 - Effective 7-1-94 increase maximum City contribution at each level by 12.5% above 7-1-93 maximum. 4 - Should combined health, dental, and vision premiums for employee + two or more coverage effective 7-1-93, or 7-1- 94, increase by 15% or more the parties shall at the request of either party reopen discussion concerning the restructuring of contribution rates and/or a restructuring of benefits. Modifications will be made by mutual agreement. Section 4. Vision Insurance. Effective as of the first day of the month following ratification the City will make up to the following vision insurance contributions: Class of Coverage Maximum 1 - Blue Cross Plan II-Vision City Contribution Employee only $ 6.11 Employee + one $ 6.11 Employee + two or more $ 6.11 2 - Effective 7-1-93 increase maximum City contribution at each level by 12.5%. City of Tigard and OPEU - Expiration Date: June 30, 1995 13 3 - Effective 7-1-94 increase maximum City contribution at each level by 12.5% above 7-1-93 maximum. 4 - Should combined health, dental, and vision premiums for employee + two or more coverage effective 7-1-93, or 7-1- 94, increase by 15% or more the parties shall at the request of either party reopen discussion concerning the restructuring of contribution rates and/or a restructuring of benefits. Modifications will be made by mutual agreement. Section 5. Disability Insurance. The City agrees to provide disability/salary continuation insurance at 66-2130 of base salary, not to exceed $2,000 per month, to provide coverage after sixty (60) days of disability. Section 6. Retirement. The City shall continue to contribute twelve percent (12%) of each employee's gross pay to that employee's established 401A retirement account. During the term of this Agreement the City's contribution will be increased to the following: 1 - Effective 7-1-93. Increase City contribution to 13.0% under current plan. 2 - Effective 1-1-94. Increase City contribution to 13.5% under current plan. 3 - Effective 7-1-94. Increase City contribution to 14.0% under current plan. Section 7. Flexible Spending Account. Effective 1-1-93 (open enrollment commencing 12-1-92) the City will initiate a flexible spending account including such options as are available under IRS requirements and specifications. Section 8. Part-Time Employees. Employees who are regularly scheduled to work thirty-two (32) or more hours per week shall receive all benefits specified in Section 1 through 7, above. Employees who are regularly scheduled to work less than thirty-two (32) hours shall receive a City contribution equal to fifty percent (50%) of the cost of such benefits if the employee elects to pay an equal amount via payroll deduction. Section 9. Carrier Selection: The City reserves the right to provide the insurances and other benefits outlined above through a carrier of its choice. The City shall notify the Union of any changes in insurance carrier or other carriers at least thirty (30) days prior to the change. The parties agree that all insurance and other benefits are subject City of Tigard and OPEU - Expiration Date: June 30, 1995 14 to the terms and conditions of contracts and/or agreements between the City and the insurer(s). ARTICLE 13 - SALARIES Wage Rates. The salary range for each classification Section 1 shall be as set forth in Appendix A hereof. Effective 7-1-92. 3% across-the-board, plus attached a) specific adjustments. b) Effective 7-1-93. Across-the-board increase equal West Co 100% of the percentage change in the W, maximum January 1, 1992 to January 1, 1993, minimum 6% salary adjustment. Effective 7-1-94. Across-the-board increase equal to C) ercentage change in the CPI-W, West-C, January of 1, 1 the 99 p 3, to January 1, 1994, minimum 3%, maximum January 6% salary adjustment. d) Plus attached specific adjustments. (Per Exhibit A) Section 2 Probationarfo t their eclassificationa and advanced five the range established percent (5%) effective with the first full pay period following completion of their probationary period. Section 3. Evaluations: the first two (2) years of employment employees will be (a) During evaluated in writing every six (6) months. Thereafter, employees will be evaluated in writing a minimum of oncem re year of employment. Employees may be evaluated frequently at the discretion of the supervisor. The results and the of an evaluation shall be reviewed with the employee ee written employee may within seven (7) days thereafter attach comments or objections s to the evaluation. An evaluation shall procedure. not be subject to grievance range (b) All periodic salary increases within the salary established in Appendix A shall be contingent upon satisfactory performance review which shall be upon writt the written evaluation as indicated in an employee (10) performance e erformance evaluation yn t shall his or her written performance days prior to the employee's merit review date. An employee who has received no periodic salary increase within the applicable salary range as a result of an evaluation of less than satisfactory performance may file a written grievance City of Tigard and OPEU - Expiration Date: June 30, 1995 15 C under Article 21 within seven (7) days following notice of no increase. increments (c) A seven (7) step salary schedule, five percent (5) between annual steps beginning upon successful completion of the probationary period and annually thereafter is set forth th in in Exhibit and Addendum A. Movement erformances asarsetc fodul performance conditioned upon satisfactory Section 3(b) hereof. ARTICLE 14 - TRAVEL., TRAINING AND REIMBURSEMENT Milea a Reimbursement. Whenever an employee is section 1• ersonal vehicle in performance of authorized to use his/her p official City duties, he/she shall be compensated at the standard IRS-allowed rate (as of May 20, 1987, 21.5 cents/mile). ide Section Ex ante RC sh 11 reimburseeempl yees for ne essary City is required, the Y and other expenses and reasonable receipted meal, lodging, Section 3 Traininq er diem and (a) Assigned Training: In addition to receiving a d for as hours lodging, assigned training time shall be p is involved, worked. Travel time, provided no overnight stay shall also be paid for as hours worked. This provision shall also apply to training which is necessary in order to acquire or maintain date uof eemployment aby, the license following the employee's City. that is not assigned may be with (b) Voluntary Tr2, n : Training or without pay reimbursement of expenses andrtuition costsmay or the discretion of the City. Such training also be subject to such other conditions and restrictions as The employee shall be the City in its discretion may specify. roved as to advised at the time that the training is app whether the training is considered assigned or voluntary training. Section 4. Tuition Reimbursement. The City will reimburse an 0%) of employee for one hundred outsideOthe employee 'stregulartworking fees for courses conducted oopportunity for the development of hours to provide employees an additional skills which joare directly bs which relatedretaosthe an employee's job or r to e made with or transfer opportunities. This reimbursement such reimbubrsement made the provision that the employee requesting City of Tigard and OPEU - Expiration Date: June 30, 1995 16 e~ application for approval of the course and tuition reimbursement to t his/her department head prior to the registration deadline for such course. The employee must show evidence of a "C" or better or passing (when no grading is used) or must reimburse the City of all costs advanced-to the employee for the course. (a) If the class taken was related to the employee's current position, and the employee is separated from the City service for any reason except involuntary dismissal within one (1) year of the date of the reimbursement, it shall cause fifty percent (50%) of the amount reimbursed within such year to be deducted from the employee's final paycheck. (b) If the class was related to reasonable promotion or transfer opportunities, and the employee is separated from City service for any reason except involuntary dismissal within one (1) year, it shall cause one hundred percent (100%) of the amount reimbursed to be deducted from the employee's final paycheck. If the employee terminates for any reason except involuntary dismissal within two (2) years, it shall cause fifty percent (50%) of the amount reimbursed to be deducted from the employee's final paycheck. Educational courses which are only offered during regular working hours may be approved by the department head provided time off can be conveniently arranged and arrangements can be made to make up time off the same week. C_ Section 5. Clothing Allowance. On July 1, each employee listed in this section, shall receive a credit of seventy dollars ($70) for a clothing allowance. Upon presentation of a receipt, employees shall be reimbursed for clothing. Employee classifications qualifying for this clothing allowance are: Building Maintenance Specialist Building Inspector C Level Building Inspector B Level Building Inspector A Level Codes Enforcement Officer Engineering Tech. I Engineering Tech. II Engineering Tech. III Mechanic Utility Worker Senior Utility Worker Any employee who is hired after July 1st of any year shall be eligible for a prorated clothing reimbursement based upon that portion of the year that remains to be worked before the next July 1st. Section 6. Boot Allowance. All employees who are directed to wear steel toed foot wear on the job shall be reimbursed upon the City of Tigard and OPEU - Expiration Date: June 30, 1995 17 C purchase of steel toed foot wear, receipt required, one (1) pair per year, annual maximum eighty dollars ($80). This allowance may be used for repair, receipt required, reimbursement limited to actual cost of repairs. Employees who are directed to wear steel toed foot wear may combine the boot and clothing allowance for the purpose of buying steel toed foot wear only, receipt required, combined annual maximum one hundred-fifty dollars ($150). Section 7. The clothing allowance provided under this provision shall be applicable only to reimburse eligible employees, on presentation of receipt, for outer garments worn in the course of their duties. If a new employee voluntarily leaves the employ of the City within the first six months of employment, the employee shall be required to reimburse the City for clothing allowance received during the probationary period. ARTICLE 15 - SICK LEAVE Section 1. Accrual. Regular full-time employees shall receive eight (8) hours of sick leave for each full calendar month of service. A part-time employee shall accrue sick leave on a prorata basis based upon the relationship between regular paid hours per _ week and forty (40). There shall be no limit on the amount of sick leave that an employee may accrue. Section 2. Utilization. Accrued sick leave shall be available for use on the regularly scheduled work days that occur from the first through the 59th calendar day of the employee's disability that is due to illness or injury. In the event an employee is to be absent from work because of his/her sickness or injury, the employee shall notify the supervisor as soon as possible of the expected absence and the nature and expected length thereof. An employee may also use sick leave where there is an illness in his/her family which necessitates making arrangements for the ill relative. For the purpose of this Section, members of an employee's family shall mean: relatives and dependents domiciled in the employee's household. Sick leave benefits shall not be available for any illness or injury that is or could be covered by Worker's Compensation benefits provided by the City or another employer, however, if the employee is injured while on the job with the City the following shall apply: City of Tigard and OPEU - Expiration Date: June 30, 1995 18 1. If the duration of the absence from work is less than fourteen (14) days, the day of the injury and the subsequent two (2) calendar days may be charged to sick leave. 2. For the first ninety (90) days of such temporary disability, the City shall continue to make the same contribution to all benefit programs specified in Article 12 - Benefits, as would have been made if the employee had worked his/her regularly scheduled hours of work. The abuse of sick leave shall be grounds for denial of sick leave for the period of time involved and shall in addition be grounds for disciplinary action. It is recognized that patterns of recurring sick leave utilization in relation to weekends and holidays, when not verified by a physician's certification of illness or injury, may be evidence of sick leave abuse. Section 3. Physician's Certificate. Sick leave benefits shall not be paid for any absence that is for forty (40) consecutive work hours or more unless the employee presents a physician's statement upon return to duty. For absences of less than forty (40) consecutive hours, the City may, by prior notification to the employee, require a physician's certification of illness. When verification is required for absences of less than forty (40) hours, the City will reimburse the employee for any out-of-pocket physician expenses that result. Section 4. Termination and Retirement. An employee who retires from City service shall receive an additional retirement plan contribution that is equal to fifty percent (50%) of the cash value in wages of all accrued sick leave. An employee shall be considered to have retired from City service only if he or she begins receiving Social Security retirement (not disability) benefits upon termination of City employment, or if he or she has thirty (30) or more years of service with the City. ARTICLE 16 - OTHER LEAVE Section 1. Bereavement Leave. In the event of a death in the employee's family, up to five (5) days of necessary time off for travel, making funeral and other arrangements and for funeral attendance shall be allowed. For the purpose of this Article, an employee's family shall mean: spouse, parent, children, step- children, brother, brother-in-law, sister, sister-in-law, mother- in-law, father-in-law, grandparents, grandchildren and any other person who is a dependent of the employee. Section 2. Jury and Witness Duty. Employees shall be granted leave with pay for service on a jury or when under court subpoena C_ City of Tigard and OPEU - Expiration Date: June 30, 1995 19 as a disinterested witness, provided the employee shall seek all fees due him/her for jury or witness duty, except mileage reimbursement, and turn said fees over to the City. Upon being excused from jury or witness duty for any day, an employee shall immediately contact his/her supervisor for assignment for the remainder of that workday. Employees will not be paid for travel time except to travel from work to court or return from court to work during the employee's regular work hours, or any hours short of eight (8) hours which are not served at court. Overtime will not be paid for any time served beyond eight (8) hours a day. If the employee is dismissed before 5:00 p.m., and the supervisor determines he/she does not need to report back to work, vacation or comp time may be used for the rest of the day. The employee's time sheet must reflect time of arrival, time off for lunch and time of release by the court. Time off from work for appearances in court and other proceedings other than as provided above, shall be charged to accrued vacation time, compensatory time or leave without pay. Section 3. Leave Without Pa A regular employee who has completed his/her probationary period may be granted a leave of absence without pay for up to twelve (12) months when the work of the employee's department will not be seriously handicapped by his/her absence and when there is good C_ cause for the leave. Requests for such leave must be in writing and must establish reasonable justification for the approval by the City. Benefits, sick leave and service credits shall not continue to accrue for any period in which an employee is on unpaid leave status under this Section 3. Section 4. Military Leave. Leaves of absence on a paid or non- paid basis shall be as provided by ORS and the Veteran's Re- employment Rights Law, Title 38, USC Chapter 43. Section 5. Parental Leave. Parental leave will be granted in accordance with the requirements of State law. Sick leave shall be available for any period in which the parent is physically incapacitated due to childbirth as determined by the employee's treating physician. Employees may utilize accrued vacation or compensatory leave during a period of parental leave. Benefits, sick leave and service credits shall not continue to accrue for any period in which the employee is on unpaid leave status. Employees desiring to exercise their rights under this Section 5 shall provide the Employer at least thirty (30) days notice in advance of the anticipated delivery date, except in the case of a premature birth or an unanticipated custody date of an adopted child. C City of Tigard and OPEU - Expiration Date: June 30, 1995 20 ARTICLE 17 - LAYOFF Section 1. Notice. A layoff is defined as an involuntary separation from the City for reasons that do not reflect discredit upon the employee. The affected employee and the Union shall be given written notice of a layoff at least fifteen (15) working days before the effective date, stating the reason for the layoff, and the bumping options, if any, that the employee has. Section 2. Order of Layoff. If a layoff is implemented, employees shall be laid off in inverse order of their seniority within the classification affected by the layoff on a City-wide basis. Before any regular full-time or regular part-time employee in a given classification may be laid off, all seasonal, casual and irregular part-time employees who are working in the same classification shall be laid off. Seniority shall be defined as the employee's total time of service in the bargaining unit excluding non-paid leaves of absence that are for one (1) full calendar month or longer since his/her most recent date of hire. If two (2) or more employees have equal seniority, the employee to be laid off shall be determined by a lot. Section 3. Bumping. In the event of a layoff any employee who would otherwise be subject to a layoff shall, within five (5) business days following notice of layoff, have the right to displace a less senior employee in any lower paying classification provided he or she is fully qualified to perform the work of the lower paying classification. An employee shall be considered qualified to perform the work of such lower classification if he or she meets all of the job qualification requirements specified in the most recent job recruitment announcement for the classification in question. Any employee who exercises his/her bumping rights shall serve a probationary period of three (3) months. During such probationary period the City shall have the right to lay the employee off if the employee is not performing the job in an adequate manner. If an employee wishes to waive his/her right to displace an employee in a lower classification and thereby be subject to layoff, that employee shall so notify the City in writing within five (5) business days of his/her receipt of notice of involuntary transfer to the lower classification. When an employee is transferred to a lower classification pursuant to the exercise of bumping rights, as provided for above, he/she shall be placed at the maximum rate for the new classification or the employee's current salary rate, whichever is lesser. For purposes of this Article, supervisory employees who have prior service in the bargaining unit shall retain previously accrued seniority. C City of Tigard and OPEU - Expiration Date: June 30, 1995 21 i Section 4. Recall. If a position opening occurs in the classification that the employee was employed in at the time of layoff, that employee, provided he/she has the greatest seniority of any employee on layoff from that class shall be offered the position. An employee will remain on the layoff list and be eligible for recall for twelve (12) months. The City shall notify a laid off employee of a position opening by certified letter, return receipt requested, to his/her address of record as maintained in the employee's personnel file. It shall be the employee's responsibility to insure that his/her current address is on file at the time the recall occurs. The employee shall have three (3) days from the receipt, or return by the post office, of such notice to notify the City in writing of his/her intent to return within ten (10) days of the date of receipt of such notice. If the employee fails to so respond to a recall notice within the time herein specified, or if he/she refuses an offered position, all rights to recall shall be terminated. Employees returning from layoff shall have previously accrued sick leave and seniority reinstated, but shall not receive such benefits for the period of the layoff. Section 5. Severance Pay. In the event of layoff, any employee with more than five (5) years of service with the City shall receive one (1) month's severance pay upon layoff. If an employee who receives payment under this Section is recalled within the twelve (12) month time period, he/she shall be permitted to take up to six (6) months (12 paychecks) to repay the City for mbney received under this Section. ARTICLE 18 - DISCIPLINE AND DISCHARGE Section 1. Just Cause. Disciplinary actions taken against employees shall be limited to the following: written reprimand, disciplinary probation, reduction in pay or other monetary assessment, demotion, suspension, or discharge. Disciplinary action shall be for just cause only and will not be taken against an employee without procedural due process as herein defined, except as follows: Demotion: A demotion during a probationary period (Article 7), that is in lieu of a layoff (Article 16) or that is a bona fide reclassification shall not be the basis for a claim of a violation of this Article. No disciplinary material shall be placed in the employee's personnel file that does not bear either the signature of the City of Tigard and OPEU - Expiration Date: June 30, 1995 22 employee indicating that he/she has been shown the material or a statement by the employee that he/she has been shown the material and has refused to sign it. A copy of such material shall be furnished to the employee. An employee may include an explanatory statement in his/her rile in answer to any reprimand or other disciplinary documents. However, the above shall not apply if timely personal service is not practicable. In such a circumstance, the City shall send a copy of the disciplinary material by registered letter to the last known address to the employee at the time the material is placed in the file. In addition, the registered return receipt shall be placed in the personnel file. All counseling materials and memos that are cautionary, derogatory or critical in nature, but less severe than a written reprimand, shall be placed in the supervisor's file only, and not the official personnel file. Material placed in the personnel record of an employee without conforming with the provision(s) of this Article will not be used by the City in any disciplinary proceedings involving the employee. If the City has reason to reprimand an employee, it shall be in a manner that is least likely to embarrass the employee before other employees and the public. Section 2. Suspension Pending investigation. An employee may be immediately suspended pending an investigation and completion of the due process steps if his/her continued presence on the job would constitute a safety hazard to him/herself or to other employees or be potentially disruptive to City operations. Such suspension shall be without pay, however, if after the investigation the employee is reinstated without being disciplined, the employee shall receive all lost pay and benefits for the period of the suspension. No employee shall be suspended for more than three (3) weeks for the purpose of investigation pending further discipline. Section 3. Due Process. Due process shall require the following: (a) Before the City notifies the employee of disciplinary action pursuant to part (b) of this Section, the employee will be served with a written notice and provided an opportunity to respond as follows: 1. The employee shall be advised the disciplinary action is being considered. 2. The specific charges or performance deficiencies will be identified. City of Tigard and OPEU - Expiration Date: June 30, 1995 23 3. The employee will be advised of his/her right to meet with the supervisor with or without Union representation and respond to the charges. (b) At or after the above-referenced meetings /response and such additional investigation as may be deemed appropriate by the supervisor has been completed, the supervisor shall make his/her decision and provide written notice thereof to the employee. ARTICLE 19 - PERSONNEL RECORDS Section 1. File Access. Each employee and each former employee shall have the right to review the contents of his/her own personnel file. At his/her option, he/she may request to be accompanied by a Union representative of his/her choosing or give the Union representative written permission to inspect and make copies of file materials. any portion of an employee's personnel file which may be subpoenaed by a court of law or introduced as evidence in any arbitration proceeding. Access to an employee's personnel file shall be limited to only the individual employee or former employee involved, his/her designated representative, such supervisor and/or confidential employees of the City who are assigned to review and maintain personnel files provided such access does not conflict with the provisions of ORS 192.500. The provisions of this Section 1 shall be inapplicable to The employee shall have the right to receive a copy of the materials in his/her personnel file in full or part. Except when otherwise authorized by the employee, in writing, no information from the employee's personnel file shall be reproduced or released for use outside of the City except verification of employment, employment dates, job title, and pay range. Section 2. Removal of Material from rile. All letters and materials of commendation and letters of caution, consultation, warning, admonishment and reprimand shall be considered temporary contents of the personnel record and shall be removed and destroyed no later than three (3) years after they have been placed in the employee's personnel file. Section 3. At the request of the employee, all letters and materials of commendation shall, subject to Section 2 hereof, become a part of the employee's personnel file and the employee shall be furnished a copy of all such material at the time it is placed in the personnel file. City of Tigard and OPEU - Expiration Date: June 30, 1995 24 ARTICLE 20 - CONTRACTING AND SUBCONTRACTING OF WORK Notwithstanding the provisions of ORS 243.650 to 243.782, the Union recognizes that the City shall have the right to make and to implement decisions relative to the contracting and subcontracting of work as it may determine; however, before the City may contract work presently and regularly performed by members of the bargaining unit and provided such contracting will result in the layoff or demotion of current members of the bargaining unit, the following shall occur: 1. The Union shall be notified in writing at least seventy (70) days in advance of the proposed implementation of such subcontracting. Such notification shall include a detailed analysis of the likely impact on the bargaining unit, and shall also outline the projected financial impact and other considerations that the City has deemed are pertinent to its deliberations to contract or subcontract work. 2. Upon receipt of such notice, the Union shall have twenty (20) days in which to notify the City of its desire to meet and discuss the subcontracting. The Union may propose changes in existing work rules, benefits, and/or wage rates in order to compete more effectively with the contractors or subcontractors and/or the Union may propose alternative staffing arrangements that it believes would reduce the impact of the contracting or subcontracting. The City shall not finalize a decision to contract or subcontract such work until after it has afforded the Union the opportunity to meet as provided above. The City shall give full consideration to all timely Union proposals before a decision is finalized. If such work is to be contracted or subcontracted, the City agrees to transfer or demote employees to any available vacant positions rather than lay off employees whenever it is feasible to do so; provided the employee meets the minimum qualifications with respect to education and work experience for the position to which he/she is to be transferred or demoted to, and provided that no employee rights or benefits under the Layoff Article of this Agreement are abridged. A demotion shall be defined as involuntary reassignment to a new classification with a lower paying maximum salary rate. ARTICLE 21 - GRIEVANCE PROCEDURE Section 1. Procedure. To promote better relations, the parties agree to settle any disputes as to the meaning of interpretation of this contract by the following procedures: City of Tigard and OPEU - Expiration Date: June 30, 1995 25 Step 1. After first attempting to resolve the grievance informally, the Union, or any employee with notice to the Union, may claim a breach of this Agreement in writing to the employee's immediate supervisor within fourteen (14) days from the occurrence thereof, or the employee's knowledge thereof. The notice shall include: (a) A statement of the grievance and relevant facts; (b) Provision of the contract violated; (c) Remedy sought The supervisor shall respond to the grievance in writing within seven (7) days, with a copy to the Union. Step 2. If, after seven (7) days from the date of submission of the grievance to the supervisor, the grievance remains unresolved, the grievance may be submitted within seven (7) days to the department head. The department head may meet with the aggrieved party, who may request Union representation at the hearing. The department head shall respond to the grievance in writing within seven (7) days, with a copy to the Union. Step 3. If, after seven (7) days from the date of submission of the grievance to the department head, the grievance remains unresolved, the grievance may be submitted within seven (7) days to the City Administrator, who shall meet with the aggrieved party and Union representatives and shall respond to the grievance in writing within fourteen (14) days, with a copy to the Union. Step 4. If the grievance is not resolved within fourteen (14) days from submission of the grievance to the City Administrator, it may be submitted within fourteen (14) days to an arbitrator. The arbitrator shall be selected by mutual agreement of the parties. If the parties cannot agree on an arbitrator within twenty-five (25) days of the submission of the grievance to the City Administrator, he/she shall be chosen in the following manner: (a) A list of 5 Oregon arbitrators from the Oregon Employment Relations Board shall be requested and the parties shall alternately strike one (1) name from the list until only one (1) is left. The Union shall strike the first name. The one (1) remaining shall be the arbitrator. One (1) day will be allowed for the striking of each name. (b) The arbitrator shall render a decision in writing within thirty (30) days times. The powers of the arbitrator shall be limited to interpretation of this Agreement, determining whether a specific provision of this Agreement has been violated, and establishing an l_ City of Tigard and OPEU - Expiration Date: June 30, 1995 26 appropriate remedy provided such remedy is within the scope of this Agreement. The decision of the arbitrator shall be binding on both parties. (c) The cost of the arbitration shall be borne by the losing ble f r the costs of party. Each party shal case be the on arbitrator. presenting its own Section 2. Time Limits. Any time limits, specified in the grievance procedure, may be waived by mutual written agreement of the parties. Failure to submit the grievance in accordance with these time limits without such waiver shall constitute abandonment any time upon of the grievance. A grievance may be terminated receipt of a signed statement from the Union or the employee that the matter has been resolved. If at any step of the grievance procedure the City fails to issue a response within the time limits set forth in this Article, tthe he grievance shall automatically advance to the next step grievance procedure unless withdrawn by the grievant or the Union. ARTICLE 22 - TERM OF IRE REFIT A W REOPENING This Agreement shall be effective the 1st day of July, 1992, and shall remain in full force and effect through the 30th day of June, 1995. This Agreement shall automati h 11 ren other in wr tine no thereafter unless either party notify the later than October 1, 1994, that it wishes t'o modify the Agreement. CITY OF TIGARD OREGON PUBLIC EMPLOYEES UNION Patrick J. Reilly City Alice L. Dale, Executive Director Administrator I Renae Simmons, Local President Joy Cooper, Bargaining Team Mike Mills, Bargaining Team Tim Nesbitt, Chief Negotiator Date: Date 27 city of Tigard and OPEU - Expiration Date: June 30, 1995 APPENDIX A SALARY RANGES AND JOB TITLES POSITION TITLES STEP 1 STEP 2 STEP 3 STEP 4 C3 5 EP 6 r STEP 7 1339 1406 1475 1549 1627 l 70 9 1793 A ACCOUNTING ASSISTANT I LIBRARY ASSISTANT OFFICE ASSISTANT RECORDS CLERK SWITCHBOARD OPERATOR 1516 1592 1672 1755 : J1 1935 a 1444 ACCOUNTING ASSISTANT II INFORMATION PROCESSING TECHNICIAN SENIOR LIBRARY ASSISTANT 1550 1629 1710 1795 1885 1980 2079 ACCOUNTING ASSISTANT III SENIOR OFFICE ASSISTANT SENIOR INFORMATION PROCESSING TECHNICIAN 1638 1720 1806 1896 1990 1 2 = 22 ARTMENT SECRETARY DEP UTILITY WORKER ~ _ 1755 1843 1934 2031 2133 2240 2351 BUILDING INSPECTOR C BUILDING MAINTENANCE SPECIALIST CODES ENFORCEMENT OFFICER EDUCATIONAL SERVICES COORDINATOR GIS TECHNICIAN ENGINEERING TECHNICIAN I El 1843 1934 2031 1 2133 2240 2353 2470 MECHANIC SENIOR UTILITY WORKER 2015 E~l 2117 2222 2333 2449 2572 2702 ENGINEERING TECHNICIAN II PERMITS COORDINATOR a E2 2272 2385 2504 2631 2761 2899 BUILDING INSPECTOR B 2341 2458 2581 2710 2845 2987 3136 BUILDING INSPECTOR A ENGINEERING TECHNICIAN II PLANS EXAMINER C 28 City of Tigard and OPEU - Expiration Date: June 30, 1995 COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 22, 1992 DATE SUBMITTED: 4/04192 ISSUE/AGENDA TITLE: Bruneau Annex. PREVIOUS ACTION: None 7r A 97-nnn5 A Zone Chanae_ Annexa DEPT HEAD OK CITY ADMIN D BY: Victor Adonri D BY: Ed Murphy ya717VL AJYi v w r should the City Council forward a request for annexation of one parcel consisting of approximately 2.51 acres located at 13800 SW Fern Street to the Metropolitan-Area-Local-Government-Boundary-Commission?--------------------- STAFF RECOMMENDATION Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and to assign a-zoning designation of R-7 to the property. INFORMATION SUMMARY This annexation request consists of one parcel totaling 2.51 acres that is contiguous to the City of Tigard on SW Fern Street. The owner of the property requested annexation in order to partition the parcel and obtain sanitary sewer service. The applicant requests annexation of his property via the "expedited method". The "expedited method" requires no public hearing by the Boundary commission, and will allow annexation approval within 28 days, instead of the customary 45 days. Although signs were posted on Fern Street and notices given %o property owners within 250 feet of the subject property, there has been no response from neighboring property owners. NOTE: The annexation of this property will result in the creation of a 30 lot island on Fern Street, and SW 135th Avenue. The parcel is within the City's Area of Interest and as such, Council should be made aware of the 1983 Urban Planning Agreement, Section 111, B.4.(b) which states that: "Annexation by the City within the Area of Interest shall not create islands unless the City declares its intent to complete the island annexation". PROPOSED ALTERNATIVES 1. Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and assign a zoning designation of R-7 to the property. 2. Authorize the property to connect to City sewer under a delayed annexation agreement. 3. Deny the proposal. The Applicant will pay The current tax assess by approximately $262. tax rate of $1.94/1000 FISCAL NOTES the Boundary Commission fee of $240 for annexation. ment is $135,500 The City dould increase its tax base (Assessed value multiplied by City tax base portion of as of 1/1/90 = $262.87). ~r C. STAFF REPORT C September 22, 1992 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 S.W. HALL BOULEVARD TIGARD, OREGON 97223 A. CASE: Zone Change Annexation 92-05 REQUEST: To annex one parcel consisting of 2.51 acre of unincorporated Washington County into the City of Tigard, and for zone change from Washington County R-6 (Residential, 6 units per acre) to City of Tigard R- 7 (Residential, 7 units per acre). The applicant requests that the expedited process be used. COMPREHENSIVE PLAN DESIGNATION: Washington County Residential, 6 units per acre. ZONING DESIGNATION: Washington County R-6 (Residential, 5 units per acre). APPLICANT: Stephen G. Bruneau 13800 SW Fern Street Tigard, Oregon 97223 OWNER(S): Stephen G. Bruneau 13800 SW Fern Street Tigard, Oregon 97223 C_ LOCATION: 13800 SW Fern Street. (WCTM 2S1 4BD, Tax Lot 1800) 2. Background Information No previous applications have been reviewed by the City relating to this property. 3. Vicinity Information Property to the north of the site is in the City of Tigard and is zoned for single family residential development. Properties to the east are in Washington County and zoned R-6 (Residential, 6 units per acre). All properties to the west are single family lots in Washington County. Properties to the south are in the City of Tigard and are zoned R-7 (Residential, 7 units per acre) 4. Site Information and Proposal Description The property to be annexed has one single family residence with the remainder of the property undeveloped. The property is primarily covered with some trees. The applicant requested that his parcel be annexed into the city of Tigard in order to partition the parcel and connect to sanitary sewer line. An existing sewer line is located 680 feet east of the parcel to be annexed, along SW 135th Avenue. The sewer lines and ZCA 92-05 Staff Report 1 manholes on SW 135th Avenue belong to the City of Tigard. C 5. Agency and NPO Comments Tigard Water District, Tualatin Valley Fire District, General Telephone and Electronics, NW Natural Gas, Tigard School District 23J, Portland General Electric, and Metro Area Communications have reviewed the proposal and have offered no objections or comments. 6. Police Department Consideration The Police Department has reviewed the proposal and have offered the following comments. This annexation will create a 20 or more lot island which causes problems in traffic enforcement and patrol, and could result in delayed response if this annexation is approved. Efforts to annex the 20 or more island lots will help correct this problem. The frontage roadway should also be included with this annexation request. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, Citizen involvement; 6.3.1, Established Areas; 10.1.1, Service Delivery capacity; and 10.1.2, Boundary Criteria and chapters 18.136, Annexations; and 18.138, Established/Developing Area Classification of the Tigard Community Development Code. The planning staff has determined that the proposal is consistent with the relevant portions of the Tigard Comprehensive Plan based upon the findings noted below: - 1. Plan Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and Community Planning Organization as well as surrounding property owners were given notice of the hearing and an opportunity to comment on the request. 2. Plan Policy 6.3.1 is satisfied because the annexation will be designated as an established area on the development standards map. 3. Plan Policy 10.1.1 is satisfied because the City has conducted the Washington County Urban Services Study which includes the subject property. This study indicates that adequate services are available in the vicinity and may be extended to accommodate the subject property. 4. Plan Policy 10.1.2 is satisfied because the annexation is a first step in eliminating an island and an irregular boundary that makes it difficult for the police in an emergency situation to respond in a timely manner. The land is located within Tigard•s Area of Interest, and adequate service capacities can be made available to accommodate the eventual development of the property as noted above. Since the City intends to eventually annex the entire island, the Fern street and SW 135th Street rights-of-way can be included at that time, which will assist with the delivery of police service. 5. Urban Planning Area Agreement, Section 111, B.4(b) states that: "annexation by the City within the Area of Interest shall not create islands unless the City declares its intent to complete the island / annexation". The City will be in violation of this agreement if ZCA 92-05 Staff Report 2 this property is annexed without a declaration of intent to complete C the island annexation. The annexation of this parcel will result in the creation of a 30 lot island. Twenty-one of the lots are less than 1 acre, the remaining nine lots are between 1 to 2.50 acres. The planning staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based upon the findings noted below: 1. Section 18.136.030 of the Code is met because all facilities and services can be made available, the applicable Comprehensive Plan policies discussed above have been satisfied and the property has been determined to be an Established area in accordance with the criteria in Chapter 18.138 of the Code. The Urban Planning Area Agreement between the city and Washington County requires that when annexing land within the City's area of interest, the City adopt a zone designation which most closely resembles the County plan and zone designation. In this case, the property is designated in Washington County for single family residential use with a minimum lot size of 5,000 square feet and a maximum density of 6 units per acre. The City of Tigard Low Density Residential plan designation and R-7 zone with a minimum lot size requirement of 5,000 square feet and maximum density of 7 units per acre are the most comparable to the present County designation. 2. Chapter 18.138 of the Code is satisfied because the property meets the definition for an Established area and shall be designated as such on the development standards area map. C. RECOMMENDATION Based upon the findings noted above, the planning staff recommends approval of ZCA 92-05. Staff further suggests that city Council should declare its intent to annex the island that will be created as a result of this annexation. PREPARED BY.---- VI ctor A onr , Assistant P anner ZCA 92-05 Staff Report s Attention City Planners/ Developers: My name is Steven G. Bruneau soc.sec. # 544-824680. I own a home and property located at 13800 S.W. Fern street. I would like to anex my property to the city of Tigard. Please furnish me with all information regarding services and fees that will apply to accomplishing this anexation. Please expedite my application. Sincerly, Steven G. Bruneau C l COUNCIL AGENDA ITEM A CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 22, 1992 DATE SUBMITTED: 9/11/92 ISSUE/AGENDA TITLE: Anderson Annex. PREVIOUS ACTION: None ZCA 92-0002 Zone Change Annexa PREPARED BY: Victor Adonri DEPT H03 -0 CITY ADM RE IN OK REQUESTED BY: Ed Murphy Should the &4y Council forward a request- for annexation of four parcels consisting of approximately 7.7 acres located at the South side of Bull Mountain Road to the Metropolitan Area Local Government Boundary Commission? STAFF RECOMMENDATION Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and to assign a zoning designation of R-4.5 and R-25 to the properties. INFORMATION SUMMARY This annexation request consists of four parcels totaling 7.7 acres that are contiguous to the City of Tigard on Bull Mountain Road. The owner of the properties requested annexation in order to subdivide the properties, and obtain sanitary sewer service. A Comprehensive Plan Map Amendment from Commercial Professional to Medium High Density Residential for 3.19 acres and Low Density Residential to Medium High Residential for approximately 3.03 acres was approved by the City Council in August of 1992 with the remainder of acreage left at a low density plan designation. A decision on the zone change is still pending as part of the annexation. The properties are already within an "island". This annexation will decrease the irregular boundary created as a result of a previous annexation. The property owners within 250 feet were notified of the annexation. PROPOSED ALTERNATIVES 1. Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and assign a zoning designation of R-4.5 and R-25 to the properties. 2. Delay the actual annexation to maximize the tax base increase. Although this is financially attractive, it raises practical concerns such as zoning designation, and policy concerns such as annexing real people later instead of raw land now. 3. Combine properties with the three parcels to the west and annex through double majority. FISCAL NOTES The City of Tigard will pay the Boundary Commission fee of $550 for annexation. The current tax assessment is $546,150 The City could increase its tax base by approximately $1059. (Assessed value multiplied by City tax base portion of tax rate of $1.94/1000 as of 7/1/91 = $1059.53). AGENDA OF: ISSUE/AGENDA restrictions DEPT HEAD OK COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON 22. COUNCIL AGENDA ITEM SUMMARY eptember-8-, 1992 DATE SUBMITTED: TITLE: Parking A PREVIOUS ACTION: 7 CITY ADMIN pREPYd D BY: City Engineer REQUESTED BY: On SW 87th Avenue near Pacific Highway, shall an existing loading zone be eliminated and a 2-hour parking restriction be established? STAFF RECOMMENDATION Approval of the attached ordinance. INFORMATION SUMMARY SW 87th Avenue is a public street between Pacific Highway and Center Street, next to the Joy Theater building. Currently, two loading zones exist along the street. A 50-foot long loading zone exists near Pacific Highway, established by Ordinance 88-03. A 60-foot loading zone exists near Center Street, established by Ordinance 86-60. All parking and loading is on the east side of 87th; driveways prevent on-street parking along the west side. The owner of the Joy Theater requested that the loading zones be eliminated and that a 2-hour parking limit be established along 87th Avenue. On August 10, 1992, a meeting was held with the owners of businesses that abut 87th Avenue. After much discussion, the business owners agreed that the southerly loading zone should be eliminated, that the northerly loading zone should remain for now, and that the street should be zoned for 2-hour parking outside of the northerly loading zone. The business that previously needed the southerly loading zone has relocated and the zone is not needed by remaining businesses. The attached ordinance would adopt the revisions to parking restrictions in accordance with the August 10th consensus of the business owners. The proposed revisions will provide more parking for customers, while prohibiting long-term on-street parking by employees. Similar restrictions exist on adjoining Center Street. PROPOSED ALTERNATIVES 1. Adopt the attached ordinance. 2. Revise the ordinance. 3. Allow the existing loading zone to remain. FISCAL NOTES Cost of the proposed changes will be approximately $100 for signing. rw/87th-s M E M O RAN D U M TIGARD POLICE DEPARTMENT TO: Patrick J. Reilly City Administrator FROM: Ronald D. Goodpaster lo Chief of Police DATE: September 21, 1992 SUBJECT: Parking Restriction on SW 87th I have discussed with the Traffic Engineer the issue of changing the loading zone on SW 87th near Pacific Highway to a two-hour parking area. The only issue I had regarding this change was that there may be an expectation that there would be a different level of parking enforcement than what we currently do in other time zones in the City, since this is a new zone that we are creating. We currently do not and have no plans to enforce two-hour time limits and currently only do so if there is a hazard involved with the parking violation. This is also the same manner in which this new zone would be enforced on 87th. cc: Randy Wooley T of/rdg0921 H:\login\99994 E..