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City Council Packet - 02/23/1993 %n: " : ,sue c• . r e 1 Or i iGAKu r(.::. OREGON l::r}•/ OY. S y: 11v a AGENDA {4:•>:. • ' .,l,.Nf • f .G•:~f, :,.Vyn;3 f ? c;Hf, PUBLIC NOTICE.. Anyone wishing to spear. Lon an ^~yt~' agenda item should sign on the appropriate sign-up rt } i y . .rz~~~:~%$~/,~• ti/r ~~•.>,N~l fY'. L sheets If no sheet is available, ask to be ` • .^.:f.:':f:,•SJ::Yifr,`~:°^.::SAS.'kf}u£";:`,~.G;.M,~2>.>•.t}..>: iYr,.b{a.'.'{~.,^!:>~ivY:#8:;`.k::•r~,''',.$,.'F<£v;£:: 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 and order after 7:30 p.m. 6:30 p.m. • STUDY SESSION 7:30 p.m. 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Call to Council and Staff for Non-Agenda Items 7:35 p.m. 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:45 p.m. 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Receive and File: January 21, 1993 Joint Meeting Minutes of the Tigard City Council and Tigard-Tualatin School Board of Directors 3.2 Authorize Right-of-Way Acquisition for the 72nd Avenue - 99W Intersection Project (American Legion property and relocation costs) 3.3 Local Contract Review Board: Award Bid for Cab and Chassis to Guaranty Chevrolet and Service Body Bid to Northwest Truckstell Sales COUNCIL AGENDA - FEBRJARi 23, 1993 - PAGE 1 7.55 p.m. , 4. COUNCIL CONSIDERATION: PROPOSED RESOLUTION WHICH STATES THE CITY'S INTENTION TO SOLICIT CONSENT FOR ANNEXATION FOR THE AREA KNOWN AS THE • Community Development Staff 8:30 P.M. 5. COUNCIL CONSIDERATION OF ORDINANCES APPROVING FRANCHISE AGREEMENTS: 5.1 Portland General Electric - Ordinance No. 93- rD 5.2 GTE Northwest - Ordinance No. 93-rL7,_ i 8:45 p.m. 6. NON-AGENDA ITEMS 8:55 p.m. 7. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 9:15 p.m. 8. ADJOURNMENT ( h:\recorder\cca\cca0223.93 1 COUNCIL AGY11 DA i LnRUr►ni '43, 1993 - PAGE 2 Council Agenda Item i T I G A R D C_ _I _ T Y C O iT N C_ T T. MEETING MINUTES - FEBRUARY 23, 1993 • Meeting was called to order at 6:32 p.m. by Council President Schwartz. 1. ROLL CALL Council Present: Council President John Schwartz; Councilors Judy Fessler, Wendi Hawley, and Paul Hunt. Staff Present: Patrick Reilly, City Administrator; John Acker, Associate Planner; Wayne Lowry, Finance Director; Ed Murphy, Community Development Director; Liz Newton, Community Relations 9IIIIM Coordinator; Michael Robinson, Legal Counsel; Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer. STUDY SESSION Joint Policy Advisory Committee on Transportation (JPACT) City Administrator advised of the nominating process for representation on JPACT. There was brief discussion. Motion by Councilor Fessler, seconded by Councilor Hunt, to nominate city of Tigard Councilor John Schwartz to serve as the Washington County JPACT representative. ( The motion passed by a unanimous vote of Council present. (Council President Schwartz and Councilors Fessler, Hawley, and Hunt voted "Aye. 01) Councilor Schwartz's name will be submitted for the ballots distributed to cities. Meeting Reminders • Representative Tom Brian, Monday, 3/1, at 4 p.m. in the Town Hall Conference Room • Blue Ribbon Task Force, 2/25, at 7 p.m., Town Hall. Topic: School District Financial Picture community survey Update City Administrator reported on progress on the community survey project. Tentatively called "Tigard Talk," the plan is to mail to 2,000 residents, randomly sampled. These persons will be invited to one of seven community forums arranged in focus-group settings to further delineate the responses on the written questionnaires. Agenda Review City Administrator advised that he was submitting a proposed resolution with regard to withdrawal of the City from the Tigard Water District. This resolution will give staff the permission to CITY COUNCIL MEETING MINUTES - FEBRUARY 23, 1993 - rAGE 1 commence with the noticing requirements for the public hearing ( process. There was lengthy discussion on the proposed resolution presented in Agencies lit--t--ill Nu. 4 WIi.LCII WO-al d s aii--t at as LiivL:coa o Gi111aCliilly aiy double majority method in the area in unincorporated Washington county known as the "Walnut Island." Staff reviewed the elements of the staff report and discussed the purpose of the resolution. Also reviewed were the steps which would be followed for double majority annexation. Councilor Hunt noted he would not support double majority annexation. He advised he did not think the Council should be obligated because of past action by a former Mayor (referring to a letter by former Mayor Tom Brian which stated there would be no effort by the City to force an annexation.) (See Agenda Item No. 4 for additional summary of discussion on this issue.) Councilor Hunt expressed concern over the likelihood that a double majority annexation would not be successful. He advised the residents of Tigard were not being treated fairly because of the unshared tax burden. If this annexation effort fails, he noted that the City's "hands would be tied" with regard to annexing this area in the future. A community forum for the Walnut Island area concerning annexation will be held on March 18, 1993, (7 p.m.) at Fowler Junior High. Executive Session: The Tigard City Council went into Executive Session at 7:15 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. Session adjourned at 7:30 p.m. Council meeting convened into the business meeting at 7:30 p.m. BUSINESS MEETING 2. VISITOR'S AGENDA • Martha Bishop, 10590 S.W. Cook Lane, Tigard, OR 97223, represented NPO 3 and requested an appeal fee waiver with regard to SDR 92-0021, Ruble/PDG, Taco Bell. Motion by Councilor Hunt, seconded by Councilor Fessler, to approve NPO 3's fee waiver request. The motion passed by a unanimous vote of Council present. (Council President Schwartz and Councilors Fessler, Hawley, and Hunt voted "Aye.") • Vlasta Barber, 11120 S.W. Summer Lake Drive, Tigard, OR 97223 announced the upcoming Fanno Creek Conference (6th CITY COUNCIL MEETING MINUTES - FEBRUARY 23, 1993 - PAGE 2 Annual) to be held this Saturday, February 27. The ( Conference will be held at the Tigard High School Cafeteria. with reaistration at 8:30 a.m. Community issues to be discussed are: > Should new development be limited by projected availability of water? > Should athletic programs be cut to balance school budgets? > Should local police agencies be consolidated? At lunch, elected officials will answer questions from participants. • Mr. Jack Polans, 16000 S.W. Queen Victoria Place, King City, Oregon 97224, outlined his concerns with charges for copies of Council meeting tapes. After discussion on several options, Council President Schwartz requested that Mr. Polans put his concerns and suggested solutions in writing and submit them to the City Administrator. Once this has been accomplished, Council will reevaluate the policy on this issue. 3. CONSENT AGENDA: Motion by Councilor Hunt, seconded by Councilor Fessler, to approve the following Consent Agenda items: 3.1 Receive and File: January 21, 1993 Joint Meeting Minutes of the Tigard City Council and Tigard-Tualatin School Board of Directors 3.2 Authorize Right-of-Way Acquisition for the 72nd Avenue - 99W Intersection Project (American Legion property and relocation costs) 3.3 Local Contract Review Board: Award Bid for Cab and Chassis to Guaranty Chevrolet and Service Body Bid to Northwest Truckstell Sales The motion passed by a unanimous vote of Council present. (Council President Schwartz and Councilors Fessler, Hawley, and Hunt voted "Aye.") 4. COUNCIL CONSIDERATION: PROPOSED RESOLUTION WHICH STATES THE CITY'S IN'T'ENTION TO SOLICIT CONSENT FOR ANNEXATION FOR THE AREA KNOWN AS THE WALNUT ISLAND a. Associate Planner Acker reviewed the staff report which is filed with the Council packet material. b. Lengthy Council discussion followed. The purpose of the resolution is to enable City to reserve the option of the double majority annexation method. Councilor Hunt reviewed his concerns with problems in the future if the double majority annexation attempt failed. CITY COUNCIL MEETING MINUTES - FEBRUARY 23, 1993 - PAGE 3 Councilor Hunt noted these properties received benefit of City services and should be sharing in the tax burden. Council members discussed whether the resolution should be adopted. Of concern was the fact that the City did not have any information on how the Walnut Island residents felt about annexation. Staff members advised that the resolution is required if the City wants to reserve the option of double majority annexation. In order to consider this option, the proposed resolution must be approved by Council before any studies, inquiries or action is pursued with regard to the double majority option. If the double majority option is turned down, this does not preclude the Council from considering other annexation methods. City Administrator advised that this might be a future policy question for the Council to decide. C. Motion by Councilor Hawley, seconded by Councilor Fessler, to adopt the proposed resolution. Discussion followed. Councilors Schwartz and Hawley noted they could support the resolution in that this would give the City the opportunity to pursue the double majority annexation method. Adoption of the resolution would not be binding and exclude other annexation options. Community Development Director reviewed the different methods of annexation. Council members asked several clarifying questions. Under the double majority annexation, a larger area can be identified initially and then reduced after determining whether there is greater acceptance in one area over another. Several Councilors noted their preference for voluntary annexation (utilizing an interactive process with affected residents) to the City. d. RESOLUTION NO. 93-07 - A RESOLUTION EXPRESSING INTENT TO SOLICIT CONSENT TO ANNEX BY DOUBLE MAJORITY METHOD AN AREA OF UNINCORPORATED WASHINGTON COUNTY COMMONLY KNOWN AS THE "WALNUT ISLAND." The motion passed by a majority vote of Council present; 3-1. (Council President Schwartz and Councilors Fessler, and Hawley voted "Aye"; Councilor Hunt voted "No.") e. Mr. Jack Polans (from audience), 16000 S.W. Queen Victoria Place, King City, Oregon 97224, noted he had signed in to speak on this issue on the Visitor's Agenda sign-in sheet. Councilor Schwartz reviewed the sign.-up sheet, acknowledged Mr. Polans request, and extended CITY COUNCIL MEETING MINUTES - FEBRUARY 23, 1993 - PAGE 4 apologies for the oversight. He invited Mr. Polans to speak to the issue. Mr. Polans advised of his concerns with the process (i.e., Oregon Revised Statutes requirements) and ramifications with the passage of the resolution. In addition, he expressed doubts over whether the residents would be accepting of an annexation proposal and noted that the Council appeared to have some question about whether or not the Walnut Island area should be annexed. He said that, in his dealings with the City, he would not be in favor of annexation. Council President and Council responded to Mr. Polans' concerns, explained the process for soliciting input from the affected residents, and referred to the requirements by the Boundary Commission for considering annexation requests. Council President Schwartz acknowledged areas of question and differing viewpoints among the Council. 5. COUNCIL CONSIDERATION OF ORDINANCES APPROVING FRANCHISE AGREEMENTS' a. Finance Director Wayne Lowry reviewed the Staff Report on Agenda Items 5.1 and 5.2. Mr. Lowry answered several questions for clarification from Council. He advised the agreements regulate activity in the right-of-way and do ` not deal with actual operation of business. t b. Motion by Councilor Hunt, seconded by Councilor Hawley, calling for a reading of the Ordinances proposed in Items 5.1 and 5.2 C. ORDINANCE NO. 93-07 - AN ORDINANCE RENEWING THE FRANCHISE OF PORTLAND GENERAL ELECTRIC COMPANY, AN OREGON CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR A PERIOD OF TWENTY YEARS FROM AND AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, GRANTING THE RIGHT AND PRIVILEGE TO ERECT, CONSTRUCT, MAINTAIN AND OPERATE WITHIN THE CORPORATE LIMITS OF THE CITY OF TIGARD, OREGON, AS SUCH LIMITS NOW EXIST OR MAY BE HEREAFTER CONSTITUTED, AN ELECTRIC LIGHT AND POWER SYSTEM WITH THE POLES, WIRES, FIXTURES, UNDERGROUND CIRCUITS AND EQUIPMENT NECESSARY OR CONVENIENT TO SUPPLY SAID CITY AND THE INHABITANTS THEREOF AND OTHERS WITH ELECTRIC ENERGY FOR LIGHT, POWER AND OTHER PURPOSES, UPON, OVER, ALONG, UNDER AND ACROSS THE STREETS, ALLEYS, ROADS AND OTHER PUBLIC WAYS AND PLACES WITHIN THE CORPORATE LIMITS OF SAID CITY, FIXING THE TERMS AND CONDITIONS THEREOF, AND PROVIDING FOR THE MANNER OF DETERMINATION OF THE EFFECTIVE DATE THEREOF, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY. CITY COUNCIL MEETING MINUTES - FEBRUARY 23, 1993 - PAGE 5 d. Council Roll Call Vote on Ordinance No. 93-07: Council President Schwartz; Councilors Fessler, Hawley, and Hunt voted "Aye." Ordinance No. 93-07 was adopted by a unanimous vote of Council present. e. ORDINANCE NO. 93-08 - AN ORDINANCE RENEWING THE FRANCHISE OF GTE NORTHWEST INCORPORATED, A WASHINGTON CORPORATION, ITS SUCCESSORS AND ASSIGNS, GRANTING THE RIGHT TO PLACE, ERECT AND MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS AND TO LAY UNDERGROUND WIRES FOR THE TRANSMISSION OF ELECTRICITY FOR COMMUNICATION PURPOSES IN, UPON, UNDER AND OVER THE STREETS, ALLEYS, AVENUES, THOROUGHFARES AND PUBLIC HIGHWAYS OF THE CITY OF TIGARD, OREGON, AND TO CONDUCT A GENERAL COMMUNICATION BUSINESS WITHIN THE CITY OF TIGARD; AUTHORIZING THE MAYOR TO ENTER INTO SUCH AGREEMENT; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. f. Council Roll Call Vote on Ordinance No. 93-08: Council President Schwartz; Councilors Fessler, Hawley, and Hunt voted "Aye." Ordinance No. 93-08 was adopted by a unanimous vote of r Council present. t 6. NON-AGENDA ITEMS a. Withdrawal from Tigard Water District - Consideration of Resolution Calling for a Public Hearing: City Administrator explained the proposed resolution presented to Council which calls for a for a public hearing on the question of withdrawal from the Tigard Water District. This withdrawal is in concert with other participants with the joint water agency and is the product of negotiation over a long period of time. The public hearing is scheduled for March 23, 1993, at 7:30 p.m. Motion by Councilor Fessler, seconded by Councilor Hawley, to adopt Resolution No. 93-08. RESOLUTION NO. 93-08 - 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. The motion was approved by a unanimous vote of Council Present. (Council President Schwartz and Councilors Fessler, Hawley, and Hunt voted "Aye.") CITY COUNCIL MEETING MINUTES - FEBRUARY 23, 1993 - PAGE 6 ti a f - J b. Reauest to iaopen Public Hearing on Vista Point ( Development: City Administrator noted that staff requests the reopening of the public hearing on Vista Point and that this public hearing be sclieC711led fui• 13. Motion by Councilor Hunt, seconded by Councilor Fessler, to direct staff to reopen the public hearing on the Vista Point development and reschedule the hearing as requested by staff. The motion was approved by a unanimous vote of Council Present. (Council President Schwartz and Councilors Fessler, Hawley, and Hunt voted "Aye.") C. Update on Downtown Improvement Efforts: Councilor Fessler updated Council on a recent meeting with 20 Main Street business owners. A list several items for downtown improvements was developed. Staff is researching information on costs. 7. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 8:55 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 8. ADJOURNMENT: 9:22 p.m. At e j erine Wheatley, City Reco er ayor, i y of Tigard Date: /0014,z li ~ r l s~ =0223 .93 CITY COUNCIL MEETING MINUTES - FEBRUARY 23, 1993 - PAGE 7 i I i i i COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 664-0360 Notice TT 7487 BEAVERTON, OREGON 97075 Legal Notice Advertising ® City of Tigard F C E I V E D • Tearsheet Not PO box 23397 ® Tigard, OR 97223 MAR 2, 2 1993 ® O Duplicate Afftc II q~~ ~ CITY Ui rIGARi) 0 8',,,; 2 AFFIDAVIT OF PUBLICATION STATE OF OREGON, )ss 4 '`3 COUNTY OF WASHINGTON, Judith Koehler being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Tigard Times a newspaper of general circulation as defined in ORS 193.010 s,a:c~ and 193.020; published at 'N QR d in the afo said,c ~nty end s t • tha`` h 64assit°ication otha ~&d. 93'07 & 9308 ' o g a printed copy of which Is hereto annexed, was published in the d entire Issue of said newspaper for One successive and consecutive in the following Issues:. March 11, 1993 ti Subscribed and sworn t before me this 114-1,Anti Of March, 1993. i Notary Public for Cregon My Commission Expires: AFFIDAVIT - i 1 i i COMMUNITY NEWSPAPERS, INC. Leaal i P.O. BOX 370 PHONE (503) 684.0360 Notice IT 7477 BEAVERTON, OREGON 97075 i Legal Notice Advert: z e o City of Tigard ❑ Tearsheet Notice c.0 tea. a PO Box 23397 e g C E I V 0 `p' o Tigard, OR 97223 R ® ❑ Duplicate Affidavit 61993A M~ BR 2 IGARJ F jIGARD C1TY ~ Q t~ AFFIDAVIT OF PUBLICATION a : STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. pZ , Judith Koehler being first duly sworn, depose and say fat Ism the Advertising 00 11tH Director, or his principal clerk, of the -gam a i a newspaper of general circulation as defined in ORS 133.010 and 193.020; published atMLgard Times in the - ~ ~ • ~ , ~ i of esaio co ty ancd~ qUy to 4h t the earinggardater istrict Withdrawal a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for TWO successive and v,o" 2'L4a. consecutive in the following issues: March 11 & 182 1993 Subscribed and swor to before me this 18th day of March, 1993. i Notary Public for Oregon My Commissio xpires: AFFIDAVIT COMMUNITY NEWSPAPERS, INC. Legal TT 7456 P.O. BOX 370 PHONE (603) 684.0360 Notice BEAVERTON, OREGON 97075 Legal Notice Advertising RECEIVED ° City of Tigard ' ❑ Tearshet The following meeting highlights are published for your information. Full OFF, s 1993 agendas may be obtained from the City Recorder, 13125 S.W. Halt PO Box 23397 ❑ Duplicate 3oulevw4, Tigard, Omgon 97223, or by calling 639 4171 ° Tigard, Or 97223 Il Y OF f IGARD CITY COUNCIL BUSINESS MEETING FEBRUARY 23i 1993 TIGARD CITY HALL-TOWN HALL, 13125 S.W. HALL BOULEVARD, TIGARD, OREGON Study Meeting (Town Hall Conference Room) (6:30 P.M.) AFFIDAVIT OF PUBLICATION STATE OF OREGON, Business Mewing (Town Hall) (7:30 P.M.) ) COUNTY OF WASHINGTON, as. Council Consideration: Judith Koehler e Resolution: Stating Intent to Solicit Consent for Annexation for the being first duly sworn, depose and say that I am the Advertising Area Known as the Walnut Island. Director, or his principal clerk, of the '-A Timers a newspaper of general circulation as defined in ORS 193.010 . and 193.020; published Ordinances: Consideration of GTE and PGE Franchise Agreement at in the aforesaid county and state; tha the Renewal. Li ty-Council a-'gin ess Meeting a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for One successive and Executive Session: The Tigard City Council may go into Executive Ses- consecutive in the following Issues: sion under the provisions of ORS 192.660 (1) d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation February 18, 1993 issues. M456 -Publish February 18, 1993. Subscribed and sworn o before me this 18th day of February 1993 i Notary Public for Oregon My Commissio x AFFIDAVIT l 'C CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, begin first duly sworn, on oath, depose and say: That I posted in th following public anted conspicuous places, a copy of Ordinance Number (s) -yen q which were adopted at the Council Meeting dated copy(s) of said ordinance(s) being hereto attached a by reference made a part hereof, on the day of d ^ , 19 , 1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon 2. West One Bank, 12260 SW Main Street, Tigard, Oregon 3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon 4. Albertson's Store, Corner of Pacific Hwy. (State Hwy. 99) and SW Durham Road, Tigard, Oregon C -LA-& P-) InA Ll Subscribed and sworn to before me this day of 19 . ~r OFFICIAL SEAL CONNIE MARTIN Notary Public for Oregon NOTARY PUBLIC • OREGON ` COMMISSION No 015677 MY COMMISSION EXPIRES JUNE 4, 1996 My Commission Expires: loginjo\affpost CITY OF TIGARD, OREGON ORDINANCE NO.93 22 AN ORDINANCE RENEWING THE FRANCHISE OF PORTLAND GENERAL ELECTRIC COMPANY, AN OREGON CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR A PERIOD OF TWENTY YEARS FROM AND AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, GRANTING THE RIGHT AND PRIVILEGE TO ERECT, CONSTRUCT, MAINTAIN AND OPERATE WITHIN THE CORPORATE LIMITS OF THE CITY OF TIGARD, OREGON, AS SUCH LIMITS NOW EXIST OR MAY BE HEREAFTER CONSTITUTED, AN ELECTRIC LIGHT AND POWER SYSTEM WITH THE POLES, WIRES, FIXTURES, UNDERGROUND CIRCUITS AND EQUIPMENT NECESSARY OR CONVENIENT TO SUPPLY SAID CITY AND THE INHABITANTS THEREOF AND OTHERS WITH ELECTRIC ENERGY FOR LIGHT, POWER AND OTHER PURPOSES, UPON, OVER, ALONG, UNDER AND ACROSS THE STREETS, ALLEYS, ROADS AND OTHER PUBLIC WAYS AND PLACES WITHIN THE CORPORATE LIMITS OF SAID CITY, FIXING THETERMS AND CONDITIONS THEREOF, AND PROVIDING FOR THE MANNER OF DETERMINATION OF THE EFFECTIVE DATE THEREOF, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY. WHEREAS, the twenty year franchise for electric, light and power system facilities and services provided by Portland General Electric Company, described in the title of this ordinance is now before the City Council for renewal. The Council believes that the franchise should be renewed under the terms and conditions set forth in Exhibit "A", attached hereto, and by this reference made a part hereof. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1. The terms and conditions of the attached franchise agreement, Exhibit "A", are hereby approved and adopted as part of this ordinance as if specifically set forth. SECTION 2. The Mayor is authorized and directed to sign the attached agreement on behalf of the Council. 1 SECTION 3. Because of the need to have stable electrical energy and a stable revenue flow to the City from franchise fees, an emergency is declared and this ordinance shall take effect upon its passage. SECTION 4. The City Council determines that the fee imposed by this franchise is not a tax subject to the property tax limiations of Article Xl, Section 11 (b) of the Oregon Constitution. SECTION 5. This ordinance shall replace and repeal the prior franchise with Portlant General Electric Company, Ordinance No. 72-55 adopted on October 9, 1972. PASSED: By d flit r1 r mL)uS vote of all Council members present after being read by number and title only, this Q316 day of t 1993. Q~ t? Ckatherin6 Wheatley, City Recorder APPROVED: This day of ~2 [cLn~, 1993. Approved as to for : ohn Schwartz, Council President City Attorney Z,2~•~3 Date ORDINANCE No. 93-07 Page 1 EXHIBIT "A" r A FRANCHISE AGREEMENT BETWEEN THE CITY OF TIGARD AND PORTLAND GENERAL ELECTRIC COMPANY, AN OREGON CORPORATION. SECTION 1: That Portland General Electric Company, an Oregon corporation, hereinafter sometimes referred to as the "Company," is hereby granted, subject to the terms and conditions hereof, the franchise right and privilege to erect, construct, maintain and operate an electric light and power system within the corporate limits of the City of Tigard, herein sometimes referred to as the "City," as the same now exist, or may be hereafter constituted, and the franchise right and privilege to erect, construct, maintain and operate poles, wires, fixtures, equipment, underground circuits and other property necessary or convenient to supplying the City and the inhabitants thereof and other persons and territory with electric energy for light, power and other purposes, upon, over, along, under and across the streets, alleys, roads and other public ways and places within the corporate limits of the City as the same now are or may be hereafter constituted. It is understood that this agreement can not grant approval for any company activity, herein anticipated, which may be on, over or under any State or County road. All poles, wires, fixtures, equipment, underground circuits and other property owned or in possession of the Company now located within the corporate limits of the City shall be deemed to be covered by the terms of this ordinance and to be located in accordance therewith, and the location and placement thereof is hereby approved. SECTION 2: That all rights and privileges hereby granted shall be effective as of the date of signature and shall terminate at the expiration of twenty years from said date, except that in the event the Company shall fail, neglect or refuse for thirty (30) days after demand in writing by the City to perform any or all of the obligations or requirements set forth in this ordinance to be performed by the Company, then the rights and privileges herein granted may be terminated and annulled by the City Council or other legislative body of the City, and the Company shall forfeit all rights and privileges hereby granted. This franchise shall be subject to any and all State and Federal legislative enactments. SECTION 3: The Company shall file with the City Engineer or designee maps and materials showing all proposed underground construction work to include the installation of additional facilities or relocation or extension of existing facilities within any street, alley, road or other public way or place. The City will review the submittals and notify the Company of any requirements. For repair work or other work not considered underground construction as stated above, the Company shall if possible, notify the City of the location and general description of the work before beginning work. All work shall be done in a reasonably safe manner taking into account City standard traffic control procedures and in accordance with requirements of applicable Federal or State laws or City Ordinances. In emergencies such filings shall occur within thirty (30) days of completion of emergency construction work. ORDINANCE No. 93--0- EXHIBIT "A" Page 1 of 6 4< SECTION 4: That the Company, under the direction of the City or its properly constituted authorities, may make all necessary excavations in any street, allay, road or other public way or place for the purpose of erecting, constructing, repairing, maintaining; removing and relocating poles and other supports for its wires, conductors, lights or street lights; and laying, repairing and maintaining its underground conduits and pipes; and for placing, maintaining and operating its wires and conductors. All poles of the Company shall be erected at the outside edge of the sidewalk unless otherwise directed by the proper City authon-fif-cs. SECTION 5: That when any excavation shall be made pursuant to the provisions of this ordinance, the _ Company shall restore the portion of the street, alley, road or public way or place to the same condition to which it was prior to the excavation. All such work shah be done in strict compliance with the rules, regulations, ordinances or orders which may be adopted from time to time during the continuance of this franchise by the City Council, City Engineer, or as may be otherwise provided by law. The City shall have the right to fix a reasonable time within which such repairs and restoration shall be completed and upon failure by the Company to make such repairs and restoration, the City may cause such repairs and restoration to be made at the expense of the Company. SECTION 6: That the City, by its properly constituted authorities, shall have the right to cause the Company to move the location of any Company structure in the public right-of-way whenever the relocation thereof shall be for public necessity, and the expense thereof shall be paid by the Company. SECTION 7: That nothing in this ordinance shall be construed as in any way to prevent the City from sewering, grading, paving, planking, repairing, widening, altering or doing any work that may be desirable on any of the streets, alleys, roads or public ways or places; but all such work shall be done, if possible, in such manner as not to obstruct, injure or prevent free use and operation of the said electric light and power system of the Company. Upon request by the City, the Company shall locate any underground conduit or equipment belonging to the Company, as required for the preparation of construction drawings. SECTION 8: That whenever it shall be necessary in sewering, grading,removing obstructions, or making improvements for safety, or in making any other improvement in any street, alley, road or public way or place, to relocate any pole, underground conduit or equipment belonging to the Company or on which any light, wire or circuit of the Company shall be stretched or fastened, the Company shalt, upon written notice from the City, or its properly constituted authorities, relocate such pole, underground conduit, equipment, light, wire or circuit. In the instance of a construction or reconstruction project, Company shall have thirty (30) days within which to comply. If Company fails, neglects or refuses to do so, the City, by its properly constituted authorities, may relocate the same at the expense of the Company. Prior to any such relocation the City shall provide for suitable location for such relocated facilities sufficient to maintain services. If City requests, when relocation is necessary, Company shall supply a feasibility report, including costs for undergrounding said facilities in an alternate location. SECTION 9: Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the aerial cables or wires or other apparatus of the grantee to permit the passage of any building, machinery or other object, the said grantee will perform such rearrangement on seven (7) days' written notice from the person or persons desiring to move said building, machinery or other objects. Said notice shall bear the approval of such official as the City may ORDINANCE No. 93- 0-7 EXHIBIT "A" Page 2 of 6 C designate, shall detail the route of movement of the building, machinery, or other objects, shall provide that the costs incurred by the grantee In making such rearrangements of its aerial plant will be borne by the person or persons giving said notice and shall further provide that the person or persons giving said notice will indemnify and save said grantee harmless of and from any and all damages or claims of whatsoever kind or nature caused directly or indirectly from such temporary arrangement of the aerial plant of the grantee, and, if required by Grantee, shall be accompanied by a cash deposit or a good and sufficient bond to pay any and all such costs as estimated by grantee. SECTION 10: That the rights and privileges granted by this ordinance are granted upon the conditions herein contained and also upon the following considerations and conditions to wit: (a) That Portland G-eneral Elactr c Company shall, within sixty (60) days from the passage of this ordinance, file with the City Recorder of the City of Tigard its written acceptance of this ordinance, subject to all the terms, obligations, restrictions and provisions of this ordinance, and upon the expiration of the allotted time for the acceptance of this ordinance, the same not having been accepted unconditionally, then this ordinance shall become wholly void, inoperative and of no effect. (b) That in consideration of the rights and privileges herein granted, the Company shall pay to the City a franchise fee for each full calendar year during the fife of this franchise beginning with the year 1993 an annual fee of three and one-half (3- 1/2) percent of the gross revenue as defined herein for the immediately preceding calendar year. However, in the event any City or municipal corporation served by PGE shall charge PGE a franchise fee of more than 3-1/2 percent, and PGE does not, or is not permitted to itemize or bill any fee, or excess fee, to customers within that City then City shall forthwith be informed and shall have the right to require and shall receive, if it shall so elect, the same percentage fee as shall be charged by such other City or municipal corporation on PGE's gross revenue within the City as defined in the ordinance. Gross revenue as used in this ordinance shall be deemed to include any revenue earned within the City from the sale of electric energy after adjustment for the net write-off of uncollectible accounts computed on the average annual rate for the entire Company and excluding sales of electric energy sold by the Company to any public utility when the public utility purchasing such electric energy is not the ultimate consumer. A public utility as defined herein is any individual, partnership, cooperative, corporation or government agency buying electric energy and distributing such electric energy to other customers or users. (c) Within the limits prescribed by any applicable PUC rulings as now exist or as may hereafter be modified, the fee provided for in this Section shall be considered as an operating expense of PGE and shall not be itemized or billed separately to consumers within the City. (d) That in consideration of the agreement of the Company to make such payments and except as otherwise provided herein, the City agrees that no license, tax or charge on the business, occupation or franchise of the Company shall be imposed upon, exacted from or required of the Company by the City during the term of this ordinance, but this provision shall not exempt the property of the Company from lawful ad valorem taxes. ORDINANCE No. 93-0-7 EXHIBIT "A" Page 3 of 6 (e) That on or before the first day of March, 1993, and on or before said day of each year thereafter during the term of this franchise, the Company shall file with the City Recorder a statement under oath showing the amount of gross revenue of the Company within the City on the basis outlined in paragraph (b) hereof for the calendar year immediately preceding the year in which the statement is filed. The annual franchise fee for the year in which the statement is filed shall be computed on the gross revenue so reported. Such franchise fee snail be payable annually on or before the first day of April beginning in the year 1993. Upon receipt of such annua! payment the City shall issue a receipt therefor, which shall be full acquittance of the Company for the payment. City reserves the right to conduct, or cause to be conducted, an audit of gross revenues as defined herein. if controversy arises as to the amount of gross revenue within the meaning of this ordinance, the amount of such gross revenue as determined by the Public Utility Commission of Oregon after examination of the Company's records shall be deemed the correct amount. Any difference of payment due either the City or the Company through error or otherwise shall be payable within fifteen (15) days of discovery of such error. Should the Company fail or neglect to pay any of said annual payments provided for in this Section for thirty (30) days after any annual payment shall become due and payable and after thirty (30) days' written notice from the City, the City, by its properly constituted authority, may at its option either continue this franchise in force and/or proceed by suit or action to collect said payment or declare a forfeiture of this franchise because of the failure to make such payment but without waiving the right to collect earned franchise payments. (f) That the City reserves the right to cancel this franchise at any time upon one year's written notice to the Company in the event that the City decides to engage in public ownership of light and power facilities and the public distribution of electric energy. (g) That the Company shall permit the City to string wires on poles of the Company for municipal fire, police and water departments, and for municipal telephone, television, telegraph and traffic signal systems and to attach to the top of any pole city fire alarm and police signals, provided that such wires and signals shall be strung so as to interfere as little as possible with the wires of the Company and to conform to the provisions of the National Electrical Safety Code; and further, that the City shall indemnify and hold the Company harmless from loss or damage resulting from damage to property or injury or death to city employees or the public arising from or connected with the use of said poles by the City. (h) That the Company shall not during the term of this franchise sell, assign, transfer or convey this franchise without the consent of the City Council expressed by ordinance first obtained, and that upon obtaining such consent all of the provisions shall inure to and bind the successors and assigns of the Company; and whenever the Portland General Electric Company shall be mentioned in this ordinance, it shall be understood to include such successors or assigns in interest of the Portland General Electric Company as shall have been so consented to by the Common Council. (i) PGE shall erect, maintain, and use poles, wires, cables, ducts, appliances, and apparatus in accordance with the National Electric Safety Code pertaining to the erecting and maintenance of the same, now or hereafter provided. (j) That the Company shall render the service hereby authorized to be supplied upon equal terms without unjust discrimination or undue preference to any users within the City. ORDINANCE No. 93-0 7 EXHIBIT "A" Page 4 of 6 9 (k) The City shall-retain the right, as permitted by Oregon Law, to charge a privilege tax in addition to the franchise fee set forth herein in an amount not to exceed one and one half percent (1 1120/6), based on the gross revenues of the Company. (1) The City shall have the right to renegotiate the franchise fee payable by the Company, H: • At the end of each five-year interval hereof, there has been a substantial change of circumstances affecting the reasonableness of said fee; or • There are judicial or Attomey General opinions, Public Utility Commission rulings or statutory amendments which affect the City's collection of the franchise fee, what portion of the fee is paid directly by the local users, or the amount or percentage of the franchise fee. The City shall be responsible for providing written notice to Company stating its desire to renegotiate and the justification for the request. The parties shall meet within thirty (30) days of the notice with a goal of reaching agreement within sixty (60) days of the initial meeting. (m) If the State of Oregon or the PUC amends or adopts a state statute or administrative rule that would affect a material term, condition, right, or obligation under this agreement, either party may reopen the Franchise at any time with regard to such material term, condition, right or obligation in order to address the change required or allowed by the new or amended state statute or administrative rule. SECTION 11: That the rates to be charged by the Company for electric energy shall be such as may be fixed or approved by the Public Utility Commission of Oregon, or any other governmental official, commission or body having jurisdiction. SECTION 12: That the Company hereby agrees and covenants to indemnify, save harmless, and defend the City, its elected and appointed officials, officers, agents, employees, and volunteers thereof against all damages, costs and expenses whatsoever to which it or they may be subjected in consequence of negligence of the Company, or its agents or servants, in any manner arising from the rights and privileges hereby granted. SECTION 13: That the franchise hereby granted shall not be exclusive and shall not be construed as any limitation on the City to grant rights, privileges and authority to other persons or corporations similar to or di ferent from those herein set forth. SECTION 14: That all rights, authority and grants herein contained or conferred are also conditioned upon the understanding and agreement that these privileges in the streets, alleys, roads and other public ways and places of the City are not to operate in any way so as to be an enhancement of the Company's properties or values or to be an asset or item of ownership in any appraisal thereof. SECTION 15: It is expressly understood that certain streets, roads and public ways within the City are under the jurisdiction of either the State of Oregon or Washington Courty. This "rainarce does not intend to convey any rights on, under or over facilities under such jurisdictions. ( ORDINANCE No. 93- 67 EXHIBIT "A" Page 5 of 6 • s f SECTION 16: It is necessary for the peace, health and safety of the people of the City that an arrangement be made immediately with the Company governing the continued use of public property within the City; therefore, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect upon its passage by the Council and approval by the Mayor. DATED this day of - i°-t?Jt! 1993. I~ By: John Schwartz, Council President ATTEST: Cathen Wheatley City Recorder OPDINAN"E No. 93- y~ EXHIBIT "A" Page 6 of 6 CITY OF TIGARD, OREGON ORDINANCE NO. 93-09 AN ORDINANCE RENEWING THE FRANCHISE OF GTE NORTHWEST INCORPORATED, A WASHINGTON CORPORATION, ITS SUCCESSORS AND ASSIGNS, GRANTING THE RIGHT TO PLACE, ERECT AND MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS AND TO LAY UNDERGROUND WIRES FOR THE TRANSMISSION OF ELECTRICITY FOR COMMUNICATION PURPOSES IN, UPON, UNDER AND OVER THE STREETS, ALLEYS, AVENUES, THOROUGHFARES AND PUBLIC HIGHWAYS OF THE CITY OF TIGARD, OREGON, AND TO CONDUCT A GENERAL COMMUNICATION BUSINESS WITHIN THE CITY OF TIGARD; AUTHORIZING THE MAYOR TO ENTER INTO SUCH AGREEMENT; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, The ten year franchise for the communication facilities and services provided by the GTE Northwest Incorporated, described in the title of this ordinance is now before the City Council for renewal. The Council believes that the franchise should be renewed under the terms and conditions set forth in Exhibit A, attached hereto, and by this reference made a part hereof. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1. The terms and conditions of the attached franchise agreement, Exhibit A, are hereby approved and adopted as part of this ordinance as if specifically set forth. SECTION 2. The Mayor is authorized and directed to sign the attached agreement on behalf of the Council. SECTION 3. Because of the need to have stable telephone communication and the need to have a stable revenue flow to the City from franchise fees, an emergency is declared and this ordinance shall take effect upon its passage. SECTION 4. The City Council determines that the fee imposed by this franchise is not a tax subject to the property tax limitations of Article XI, Section 11 (b) of the Oregon Constitution. SECTION 5. This ordinance shall replace and repeal the prior franchise with GTE Northwest Incorporated, Ordinance No. 82-12 adopted March 8, 1982 and any amendments thereto. PASSED: By Uf)&'- i IOU5 vote of all Council members present after being read by number and title only, this •,d day of 11•J,4A( , 1993. Ca erine Wheatley, City Recorder APPROVED: This,~3r- day of - Cix v-s g V1993. / i t ohn Schwartz, Cou cil President Approved s to form: City Attorney Date ORDINANCE No. 93- Pagel EXHIBIT "A" A franchise agreement between the City of Tigard and GTE Northwest Incorporated, a Washington corporation. SECTION 1. Subject to the other terms and conditions set forth in this document there is hereby granted by the City of Tigard to the GTE Northwest Incorporated, Inc., a Washington Corporation, (herein referred to as "Grantee"); its successors and assigns; subject to the development ordinances and regulations of the City, the right and privilege to conduct a general communication business within the said City, or such other public property as may come within the jurisdiction of the City during the term of this agreement. This for the purpose of furnishing, as a public utility the products and services utilized in providing telephone, telegraph, and other communication products and services. This grant includes the right to erect, construct, place, replace, reconstruct, lay, maintain, and operate poles, wires, switching equipment, amplifying equipment, fixtures, facilities, appliances, structures and other devices including, but not limited to, electronic, optical and mechanical devices customarily associated with Grantee's function, and purpose of serving as a common carrier of information for communication purposes. SECTION 2. It shall be lawful for Grantee to make all needful and necessary excavations in any of said streets, alleys, avenues, thoroughfares and public highways. SECTION 3. The Grantee shall file with the City Engineer or designee maps and materials showing all proposed underground construction work to include the installation of additional facilities or relocation or extension of existing facilities within any street, alley, road or other public way or place within the corporate limits of the City. The City will review the materials submitted and notify the Grantee of any City requirements. For repair work or other work not considered underground construction as stated above, the Grantee shall, if possible, notify the City of the location and general description of the work before beginning work. All work shall be done in a reasonably safe manner taking into account City standard traffic control procedures and in accordance with requirements of applicable federal laws, state laws, or City ordinances. In emergencies, such filings shall be submitted with thirty (30) days of completion of emergency construction work. SECTION 4. When any excavation shall be made pursuant to the provisions of this ordinance, the Grantee shall restore the portion of the street, alley, road, or public way or place to the same condition to which it was prior to the excavation. All such work shall be done in strict compliance with the rules, regulations, ordinances or orders which may be adopted from time to time during the continuance of this franchise by the City Council or City Engineer or as may be otherwise provided by law. The City shall have the right to fix a reasonable time within which such repairs and restoration shall be completed and upon failure of such repairs and restoration being made by grantee, City shall cause such repairs to be made at the expense of grantee. SECTION 5. The Grantee hereby agrees and covenants to indemnify, save harmless and defend the City and its officers, agents and employees from any and all damages, costs and expenses or claims of any kind whatsoever, or nature, arising from any injury to persons or property by reason of the negligent act or omission of the Grantee, its agents or employees in exercising the rights and privileges granted hereunder and by this franchise. ORDINANCE No. 93- L;,) Exhibit "A" Page 1 of 3 SECTION 6. The City, by its properly constituted authorities, shall have the right to cause the grantee to move the location of any pole, underground conduit or equipment belonging to grantee whenever the relocation thereof shall be for public necessity, and the expense thereof shall be paid by the grantee. Whenever it shall be necessary for public necessity to remove any pole, underground conduit or equipment belonging to grantee or on which any wire or circuit of the grantee shall be stretched or fastened, the grantee, shall, upon written notice from the City, or its properly constituted authorities, meet with the City Engineer and agree in writirg to a plan and date cerialr's to remove such poles, underground conduit, equipment, wire or circuit, at grantee's expense, and If the grantee fails, neglects or refuses to do so, the City, by its properly constituted authorities, may remove the same at the expense of the grantee. SECTION 7. All notices and approvals required under this Agreement shall be in writing. The Grantee shall provide the City with the name, position and phone number of Grantee staff that can be contacted for administration of this Agreement and for contact with construction-related questions and comments. Such notices and approval shall be directed to the City as follows: City Engineer City of Tigard 13125 SW Hall Blvd., Tigard, Oregon 97223 (503) 639-4171 SECTION 8. Upon request of the City, the grantee shall provide available plans and locate any underground conduit or equipment belonging to grantee, as required for the preparation of construction drawings. SECTION 9. Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the wires, cables or other plant of grantee for the passage of buildings, machinery or other objects, grantee shall temporarily rearrange, remove, lower or raise, its wires, cables or other plant as the necessities of the case require; provided, however, that the person or persons desiring to move any such buildings, machinery or other objects, shall pay the entire actual cost to grantee of changing, altering, moving, removing or replacing its wires, cables or other plant so as to permit such passage, and shall deposit in advance with grantee a sum equal to such cost as estimated by grantee and shall pay all damages and claims of any kind whatsoever, direct or consequential, caused directly or indirectly by changing, altering, moving, removing or replacing of said wires, cables or other plant, except as may be occasioned through the sole negligence of grantee, grantee shall be given not less than ninety-six (96) hours written notice by the party desiring to move such building or other objects. Said notice shall detail the route of movement of such building or other objects over and along the streets, alleys, avenues, thoroughfares and public highways and shall bear the approval of the City. Such moving shall be with as much haste as possible and shall not be necessarily delayed or cause grantee unnecessary expense or waste of time. SECTION 10. In consideration of the rights and privileges hereby granted, City shall have, and grantee hereby grants to it, the right and privilege to suspend and maintain wires and necessary control boxes on poles placed by the grantee in the streets, and other places aforesaid, or 'rf such wires are placed underground, to place/maintain in the pipes or conduits of grantee, if space therein is available, wires which City may require for fire, police and traffic signal purposes. All such wires shall be placed on the poles or in conduits so as not to interfere with communication service and shall not carry currents or voltage dangerous to telephone plant or telephone users and all installation, ORDINANCE No. 93--N Exhibit "A" Page 2 of 3 a maintenance and repairs shall be subject to the rules, regulations and supervision of the grantee. City agrees in consideration of the establishment of this service and the furnishing of such faculties to hold grantee entirely free and harmless from all claims or liability for damage which may arise out of the operation of these special services. SECTION 11. As further consideration, grantee agrees to pay to the City five percent (51016) of the gross revenues derived from exchange awoss services, as defined in ORS 401.710 within the city limits. Such payments shall be made to the City every six months for the life of this agreement on or before March 15 for the six month period ended December 31, and September 15 for the six month period ended ,iune 30. The City shall have the right to change the percentage of gross revenues set forth above at any time during the life of this agreement provided it has made such notice in writing at least 180 days prior to the effective date of any change. The City shall have the right to conduct or cause to be conducted, an audit of gross revenues as defined herein. Such audits may be conducted at two year intervals beginning two years after the effective date of this agreement. The City shall conduct the audit at its own expense. Any difference of payment due either the City or Grantee through error or otherwise as agreed upon by both the City and Grantee, shall be payable within sixty (60) days after discovery of such error. SECTION 12. The rights, privileges and franchise hereby granted shall continue to be in full force for a period of ten (10) years from the date of its passage and shall be subject to any and all State or Federal legislative enactments. However, this franchise shall be inoperative unless it is accepted in writing by the Grantee within sixty (60) days after the date of its passage. SECTION 13. This Agreement shall take effect and be in force on its day of signature, and the Grantee shall conduct its general business within the City under franchise to be granted, in full compliance with the terms hereof. DATED this day of , 1993. CITY OF TIGARD> J OREGON a Mu /icipal C or n By: .r•- ~c~~ra~d~cdcax J n 5ch artz, Council President ATTEST~~ 'ztLC (.f)lu Catherine Wheatley City Recorder r l ORDINANCE No. 93- C Exhibit "A" Page 3 of 3 i AGENDA ITEM NO. ~ - VISITOR'S AGENDA DATE: February 23.1993 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. STAFF NAME & ADDRESS TOPIC CONTACTE ;tom Q ogm o wsitors.s t . MEMORANDUM CITY OF TIGARD, OREGON TO: Dick Bewersdorff, Senior Planner o FROM: Cathy Wheatley, City Recorder C41 DATE: February 23, 1993 SUBJECT: Appeal of Staff Decision SDR 92-0021; Ruble/PDG (Taco Time) Dick, attached is the appeal received from NPO 3 (signed by Berman Porter) reference the above-captioned Planning Staff Decision. I understand that a representative from NPO 3 will appear at the February 23, 1993 Council meeting to request a fee waiver for the appeal. Please advise the applicant of the appeal. If the Council approves the fee waiver request, the NPO and applicant should be advised as to the date the appeal hearing will be scheduled before the Planning Commission. If the Council denies the fee waiver, the NPO must submit the fee by 3 p.m. on the third working day after the council meeting. Thanks. c: Ed Murphy, Community Development Director Liz Newton, Community Relations Coordinator Council File - February 23, 1993 Meeting C T _ RECC1 V E F F~B 9 LAND USE DECISION APPEAL FILING FORM The City of Tigard supports the citizen's right to CO UNITY DEV participate in local government. Tigard's Land Use Code therefore sets out specific requirements for filing appeals on certain land use decisions. The following form has been developed to assist you in filing an appeal of a land use decision in proper form. To determine what riling fees will be required or to answer any questions you have regarding the appeal process, please contact the Planning Division or the City Recorder at 639-4171. ii • 1. APPLICATION BEING APPEALED: s D 2 Z 00 -)-t y 2. HOW DO YOU QUALIFY AS A PARTY: fy l d~ 3. SPECIFIC GROUNDS FOR APPEAL OR REVIEW:R " /V1 O 1 4. SC14EDULED DATE DECISION IS TO BE FINAL: 5. DATE NOTICE OF FINAL DECISION WAS GIVEN: 6. SIGNATURE (S) ~E-)t-x ~f-x-x-x-x-x-~~f-x-x-x-x-x-x-x~Ht-x~Ht-x-x-x-x-~t-x~E-x ~E~f-)HE-x-)tx x~Ht~(-~HHHHE-x-x-x-x~IHFIE~E-x-xif ~HHC-~E-x-x~E~(9HtiHt~E-1HE-It-)EAR-x~E FOR OFFICE USE ONLY: ece ived B C I~ Date K3 Time:~3:30 j rn . Approved As To Form By:, = Date ~ 3 Time:- Denied As To Form By: Date: Time: Receipt No. Amount: x 9(-x x)(X X)( *Y-" x-x "-"-x-x-x*x X K x x SHE x~E x~E x#x x x xjE x x x~E jciE fE~E x x~E x x xi(x x X i(~HE ~Ex x x xi(x x fEi(x~Fx ~t x~E Ci 4EZ- 13125 SW Hail Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639-4171 S f~ FEB-18-1993 14:30 FROM PGE COPii•UNDUST PROGRAMS TO 96248042 P.01 NP3 #3 ZSIN =S February 17, 1993 1. A special meeting was called to prepare an appeal of the Notice of Decision, Site Development Review SDR 92-0021. 2. Present - Bishop, Froude, Garner, Helm, Mortensen, Porter. Absent - Hansen. Meeting called to order at 7:30 p.m. 3. It was noted that the report title refers to the SDR as Taco Time (Ruble) and in moot placco of the body, but occasionally as Taco Bell. We assume that the development is to be a Taco Bell as we had previously been informed. 4. NOTION: NPO #3 asks for an appeal of the Notice of Decision of SDR 92-0021 Ruble/PDG (Taco Time) (Taco Bell?) to satisfy the conccrne of the residents of NPO #3 as follows: a. Approved and legal permits for shared access of the driveway between tax lot 1800 and 1804 are filed and available to the NPO before beginning development. b. The information regarding Hot'n Now stated that it is to be drive thru only, no inside seating, there should not be shared parking for Taco Bell. Refer to the laeL paragraph of page 2 regarding six parking spaces to be partially located on lot 1900. This does not follow the original specifications of the Hot'n Now development. c. Page 4, item C (ODOT comments) states that a traffic study -m-ay be required. NPO #3 requests Lhat the traffic study must be required. d. Page 9, Code Section 18.106.060.A - NPO #3 asks for a clarification regarding possible site modifications and a requirement that tax luL 1900 cannot be used to accommodate the needs of tax lot 1804. Using tax lot 1900 for stacking to lot 1804 is unacceptable to NPO ##3. e. Page 9, Chaptez 18.108 - in light of the statement that "Adequate access to the site would be provided by the combination of the shared driveway from SW Pacific Highway and the connection Lo SW Park Strget to the north through the approved Hot'n Now development", NPO #3 asks that a center turn lane be established on SW Park St. This request coordinates with the last sentence on page 12, item 7 regarding maintaining "-existing levels of traffic safety" on SW Park St_ f. Page 12, item 7 - states that the applicant shall provide a traffic study. NPO #3 asks that this traffic study by the applicant be required, complete and presented to our NPO before final approval is given to the development. g. NPO #3 asks for a waiver of the appeal fee. Motion passed unaniaivusly. cuunGl agenda T4e*n R1 TsGARD TUALATIN BOARD ARC OF F DIRECTORS ..e.........AT THE LAST MEETING........... 1772c fbllowing are the minutes far the January 21, 19593 joint meedngr of the Board and the City of Tigard City Council. A tape recording of' the meetitr is on h7e at the office. The minutes are official after Board approval at the next meeting./ CALL TO ORDER: Chairman Carlson called the joint meeting to order at 7:30 p.m. at Tigard High School Board members present were Pat Biggs, Gary Cumpston, Merrily Haas and Patti Thomas. City Council members present were Mayor Jerry Edwards, Paul Hunt, Judy Fessler, John Schwartz and Pat Reilly, City Administrator OTHERS ATTENDING: Dr. Russ Joki. Dr. Al Davidian, Frank Hodapp, Susan Stark Haydon, Bud Hillman, Marilyn Adair, Mark Kubiaczyk. Maria Reed, Nancy Lee,Donna Schmidt, Sue Kasson, Martha Bishop, Gena Corbet, Don Corbet, Michael Robinson, Ron Goodpaster, Liz Newton, Ed Murphy, Rae Buwen CITY TOPICS: ANNEX6,TLOrI-PRo20sAL.S/B9ARD-&-COMMiT._RESTRUr-T IIYca: Mayor Edwards discussed annexation proposals and the restructuring of city advisory boards and committees. The City is combining existing boards as part of the city's effort to show integration of issues and citizen involvement. He then called upon Police Chief Ron Goodpaster to describe and review plans for the Oregon Together Project and the Gang Task Force. The City has joined the anti-drug Project and will conduct key leader training in early February. The City has received a $7400 grant which has been allocated to the gang task force planning and inservice. Twality and Fowler Middle School faculties will be part of the training. COMMUNITY- CENTER PROJECT. The Mayor described a community project is underway to form a non-profit organization in an effort to buy the old fire station and convert it into a community center. A bond election is proposed for March for this issue. LOCAL GOVERNMENT. CURRICULUM: Mayor Edwards and the Council encouraged cooperation between the City and the School District in developing a civics curriculum Classroom study and discussion on local government should emphasize the City as the model, said City Administrator Pat Reilly. Dr. Joki invited Mr. Reilly to a February 16 meeting of school principals at 9:00 a.m to discuss this issue. SIDEWALK SAFETY: City Planncr Randy Woolley discussed pedestrian safety and reviewed a map showing completed projects, upcoming projects that have been funded and proposed projects. The Board and Council members discussed the need for greater pedestrian safety. DISTRICT TOPICS: BUDGET REDUCTIONS: Dr. Joki explained the District's projected budget shortfall and the reductions that will be necessary. Included in the $6+ million reduction plan is the District funded SRO officer. Dr. Joki described the history of the SRO program and asked the City to continue one SRO, stressing the Gang Task Force Initiative and security in the schools. Mayor Edwards said the City is also facing tight budgets and that he could not guarantee continuation of the SRO program He also said the City needs more information about District budget cuts so that he could support the District in the community. The Mayor invited Dr. Joki to make a presentation to the City's Blue Ribbon Advisory Committee in February as one way to inform city residents about the Districts budget problem Dr. Joki accepted the invitation. L11r1SL.A~lI~_PR4G1Ll~~i: Director Thomas described the District's Legislativ^ Communication Plan. volunteer groups are being formed to meeting with legislators, make phone calls and write letters, she said. Dr. Joki Invited City Council members to attend "Brown - Bag" sessions with Washington County Legislators. LONG RAI!iGM_ELAN: Director Biggs described the Districts Long Range Task Force and its forthcoming report. She said the District continues to grow--at as much as 700 students a year--and that the District needs to buy land for future schools and build or remodel facilities. The earliest date a bond election could be held in the District would be the fall of 1393. sL NT_QPZRAT1QhM Bud 'Cullman reported on the cooperation with City Council employees on sharing grounds maintenance equipment and staff. He said a number of projects were planned for this Spring which could save money for the City and the District COMMENTS FROM THE PUBLIC: No comments were heard from the public. ADJOURNMENT: The meeting adjourned at 9:30 p.m. 1 PIRO / COUNCIL AGENDA ITEM 3. a ( CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: February 23, 1993 DATE SUBMITTED: 2/12/93 ISSUE/AGENDA TITLE: Authorization PREVIOUS ACTION: for Right of Way Acquisition for VA-fl 'Lgerl~ 72nd Ave - 99W intersection proldgMal PREPARED BY: Gar Alfson DEPT HEAD OK CITY ADMIN OK REQUESTED BY: ISSUt BEFORE THE COUNCIL Shall the Council accept the agreement with the American Legion for the acquisition of their property for Right of Way for the 72nd Avenue - 99W intersection project. STAFF RECOMMENDLTION Authorize acquisition of the American Legion property for $170,000 and payment of relocation costs of $20,000. INFORMATION SUMMARY We have successfully negotiated the purchase of the American Legion property for $170,000, which is within 6% of the appraisal, plus relocation costs of $20,000. The total amount is within the amount authorized by Council. As previously reported, the acquisition is required to construct the extension of 72nd Avenue to Pacific Highway. The existing building must be f removed due to the amount of earthwork required to lower 72nd Avenue to Pacific Highway. After the construction is complete we will request authorization to sell the surplus property. PROPOSED ALTERNATIVES FISCAL NOTES The 72nd Avenue - 99W Intersection right of way costs are funded from traffic impact fees (TIF) under the 92-93 CIP budget. ga\ss-7299w.row i I - ,9 I i f / COUNCIL AGENDA ITEM 3.3 1 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: _ February 23, 1993 DATE SUBMITTED: February 11, 3.993 ISSUE/AGENDA TITLE: Public Works PREVIOUS ACTION: Vehicle _ _ Purchase for Wastewater D - OC4 PREPARED BY: john Rov DEPT HEAD OK CITY ADMIN O REQUESTED BY: John Roy ISSUE B FO THE COUNCIL is The issue before the Council is the approval of bid awards for vehicle purchase. STAFF RECOMMENDATION 1. Motion to award bid for cab and chassis to the lowest qualified bidder (Guaranty Chevrolet, $12,629.00) and award the service body bid to the lowest qualified bidder (Northwest Truckstell Sales, $3,347.00). INFORMATION SUMMARY Separate bids were received on 2-9-93 for the purchase of one service body and for one regular duty one ton cab and chassis. The vendor awarded the service body bid will mount the service body on the cab and chassis. The truck is to be used by the Sanitary Sewer crew in carrying out its maintenance programs in accordance with USA and APWA Standards, and will replace a 1981, one ton service truck. See attached addendum for specific bidder's and bid amounts. PROPOSED ALTERNATIVES 1. Award bids per staff recommendation. 2. Give further direction to staff. FISCAL NOTES 1. Total bid award of $15,976.00 is within the budgeted dollar amount of $19,000.00. 2. Unknown. ADDENDUM FOR COUNCIL AGENDA SUMMARY PUBLIC W-0,12Yar vrE.H.IEC E T%TT"-L•it February 23, 1993 REGULAR DUTY, ONE TON CAB AND CHASSIS BIDS: Eight bids were received as follows: 1. Sahlberg Construction Equipment, Portland Oregon NO BID 2. Pacific Utility Equipment Co., Tigard, Oregon NO BID 3. Cascade Chevrolet Geo, Sublimity, Oregon 13,083.00 4. Peterbilt & GMC Inc., Portland, Oregon 13,331.00 5. Bruce Chevrolet, Hillsboro, Oregon 12,726.00 6. Truck Center Corp., Seattle, Washington 13,804.00 7. Guaranty Chevrolet, Junction City, Oregon 12,629.00 8. Butler Ford Acura, Ashland, Oregon 15,215.00 SERVICE BODY BIDS: C Seven bids were received as follows: 1. Sahlberg Construction Equipment, Portland, Oregon NO BID 2. Pacific Utility Equipment Co., Tigard, Oregon 4,438.00 3. Northwest Truckstell Sales, Portland, Oregon 3,347.00 4. Oregon ;fetal Craft, Myrtle Creek, Oregon 3,725.00 5. Hansen Truck Body Equipment, Junction City, Oregon 3,610.00 6. Truck Center Corporation, Seattle, Washington 3,854.00 7. Coast Crane & Equipment Co., Portland, Oregon 4,072.00 i kathy\camcil. jr S l f COUNCIL AGENDA ITEM i CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: February 23, 1993 DATE SUBMITTED: February 12, 1993 ISSUE/AGENDA TITLE: Walnut Island PREVIOUS ACTION: Council request An exa ion that staff begin the process PREPARED BY: John Acker DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Ed Murnhy ISSUE BEFO THE COUNCIL i Should the City start the process of annexing by double majority method the area of unincorporated Washington County known as the "Walnut Island"? STAFF RECOMMENDATION Adopt the attached resolution which states the City's intention to solicit consent from registered voters and property owners in the Walnut Island to annex by the "double majority" method. INFORMATION SUMMARY The City Council decided in November that the City should begin the process to annex the Walnut Island area by the double majority method. The double majority method means that within a specified area, a consent to annex form is signed by a majority of registered voters and the owners of a majority of the land area. State law requires that the City file an intent to annex with the Boundary Commission before City representatives can solicit consent signatures. The attached Resolution states the City's intent to annex by the double majority method and allows the City to begin the process. Over the next several months staff will be meeting with residents and property owners, distributing factual information and soliciting consent signatures in the Walnut Island area. If the required number of signatures are gathered and certified, staff will bring the petitions along with a resolution approving the annexation to the City Council for adoption. The material will then be forwarded to the Boundary Commission for final review and approval. There are 360 acres and a population of 836 with 722 registered voters in the Walnut Island. PROPOSED ALTERNATIVES none FISCAL NOTES There could be 200 - 400 hours of staff time spent on this annexation plus approximately $5,000 to hire a person to gather petition signatures. COUNCIL AGENDA ITEM ~ I CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: February 23, 1993 DATE SUBMITTED: February 10, 1993 ISSUE/AGENDA TITTF: Portland Go neral PREVIOUS ACTION: Electric Franchise Renewal \ PREPARED BY: Wayne Lowry 1U DEPT HEAD OK _ CITY ADMIN O REQUESTED BY: ISSUE BEFORE THE COUNCIL Shall the City Council approve an ordinance to renew the franchise with Portland General Electric. STAFF RECOMMENDATION Staff recommends the franchise agreement set forth in Exhibit "A" be approved. INFORMATION SUMMARY • The PGE franchise agreement expired in 1992. We have completed negotiations to renew the agreement for a term of 20 years. The proposed agreement includes the following: • Ability to review fees every five years if there has been a substantial change in circumstances. • Ability to renegotiate fees if legislation or PUC rules change during term. • 3-1/2% franchise fee with ability to charge additional 1 IJ2% privilege tax. • Ability to prescribe how street restoration work will be done. • Ability to audit gross receipts upon which fees are calculated. The balance of the agreement has been updated to reflect language similar to that adopted by other cities, including Hillsboro. PROPOSED ALTERNATIVES 1. Approved proposed ordinance. 2. Renegotiate terms, then approve. FISCAL NOTES The PGE franchise agreement produces an estimated $670,000 per year in revenue to the general fund at the current 3-1/2% rate. COUNCIL AGENDA ITEM . Z CITY OF TIGARD; OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: February 23, 1993 DATE SUBMITTED: February 10.1993 ISSUE/AGENDA TITLE: GTE Northwest Inc PREVIOUS ACTION: Franchise Renewal Ordinance PREPARED BY: Wayne Lowry 1~U DEPT HEAD OIL _ CITY ADMIN O REQUESTED BY: - - - ISSUE BEFORE THE COUNCIL Shall the City Council enact an ordinance to renew the franchise with GTE Northwest Inc STAFF RECOMMENDATION Staff recommends the franchise agreement set forth in Exhibit "A" be approved. - - - - - - - INFORMATION SUMMARY The GTE franchise agreement expired in 1992. We have completed negotiations to renew the agreement for a term of 10 years. The proposed agreement includes the following: • Ability of City to review proposed construction in right of way. • Ability audit gross receipts upon which fees are calculated. • Ability to prescribe how street restoration work will be done. • 5% franchise fee with ability to increase with 180 days notice. The balance of the language in the agreement is substantially unchanged. PROPOSED ALTERNATIVES 1. Approve proposed ordinance. 2. Renegotiate terms, then approve. FISCAL NOTES The GTE franchise agreement produces an estimated $260,000 per year in revenue to the general fund at the current 5% rate. 1