City Council Packet - 05/23/1995
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PUBLIC NOTICE. Anyone wishing to speak on an agenda Item should sign on the ~
appropriate sign-app sheet(s). If no sheet is available, asst to be recognized by the Mayor
at the beginning of that agenda item. Visitor's Agenda Items are asked to be two minutes F
or less. Longer matters can be set for a future Agenda by contacting either the Maycr or
the City Administrator. ~
Times noted are 1►raated: It is recommended that persons Interested in testifying be
present by 7.15 p.m. to sign In on the testimony sign-in sheet. sin a nd. ° s k
m h fff In & om~
Assistive Listening Devices are available for persons with impaired hearing and should
be scheduled for Council meetings by noon on the Monday prior to the Council meeting.
Please call 4171, Ext. 309 (voice) or 584-2772 (TDD - Telecommunications Devices
for the D
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Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing
impairments; and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to
j allow as much lead time as possible. Please notify the City of your need by 5.00 p.m. on 9
the Thursday preceding the meeting date at the same phone numbers as listed above.
1 4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunis aYons Devices for the Dean.
SEE ATTACHED AGEWDA
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COUNC=IL AGENDA - MAY 23, 1935 - PAGE 1
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CITY COUNCIL BUSINESS MEETING
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° May 23, 1995 €
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6:30 PM
STUDY MEETING
• Executive See.-Ion: The Tigard City Council may go into Executive f.
Session under the provisions of OILS 192.660 (1) (d), (e), & (h) to discuss
labor relations, real property transactions, current and pending litigation
issues. As you are aware, all discussions within this session are
confidential; therefore, nothing from this meeting may be disclosed by those
present. Representatives of the news media are allowed to attend this i ' .
session, but must not disclose information discussed during this session.
j
i~ Agenda Review gg~
7:39 PM
1. BUSINESS MEETING
1.1 Cali to Order - City Council & Local Contract Review Board
1.2 roll Call
1.3 Pledge of Allegiance
i 1.4 Council Communications/Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items C:
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7.35 PM
2. VISITOR'S AGENDA (Two Minutes or Less, Please)
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7:45 PM
3. CONSENT AGENDA: "t"hese items are considered to be routine and may be ~
enacted in one motion without separate discussion. Anyone may request that an
item be removed by motion for discussion and separate action. Motion to:
3.1 Approve Council Minutes: May 9, 1995
3.2 Approve City Membership on the Tualatin River Watershed Council and
Authorize the Mayor to Sign the Inter-Organizational Agreement
3.3 Approve New Format for the Tigard Municipal Code and Replace Code
Pages for Current Code Holders After July 1, 1995 - Resolution No. 95-Q2k
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3.4 Local Contract Review Board: Award Contract to Coopers and Lybrand for
Audit Services for the Three-Year Period Beginning 1994/95.
® e t - Q=,VM Any .s
soed a7
tl be comdered immodUftly alter 'nci1
which di s -
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COUNCIL AGENDA - MAY 23, 1995 - PAGE 2
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7:50 PM
{ 4. PUBLIC HEARING (QUASI-JUDICIAL) (Coa eau from the April 25, 1995
Council agenda) - SITE DEVELOPMENT REVIEW (SDR) 91 /VARIANCE
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(VAR) 91-0010 DOLAN/MENDEZ
THE CITY OF TI RD RECEIVED A N REQUEST FOR A 30-DAY
CONTINUANCE FROM TIME DO LAN LEGAL COUNSEL. IT IS ANTICIPATED
THAT THIS HEARING ITEM WILL BE SET OVER, BY COUNCIL MOTION, TO
JUNE 27, 1995. .
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To Consider the U.S. Supreme Court remand of conditions related to the
dedication of property for floodplain management and a bikepath relating to the
determination of the rough proportionality of those requirements. LOCATION:
12520 SW Main Street (WCTM 2S1 2AC, tax lot 700). APPLICABLE REVIEW
CRITERIA: Community Development Code Chapters 18.32, 18.66, 18.86, 15.100, {
18.102,18-108,18.108,18.114,18.120,18.134 and 18.164; the Parks Master Plan
for Panne Creek, and the City of Tigard Master Drainage Plan. ZONE: CBD
(Central Business District). The Central Business District zone allows public
administrative agencies, cultural exhibits and library services, parking facilities,
public safety services, religious assemblies, and a variety of commercial and
service activities, among other uses.
a. Open Public Hearing
i b. Consider Motion: Continue hearing to the June 27, 1595 Council
meeting in response to request from Dolan legal counsel.
8 PM
5. CONSIDER ORDINANCE REPEALING E CI S CURRENT INITIATIVE AND
REFERENDUM PROCESS, ADOP'T'ING STATE W AND PROVIDING FOR AN
APPEAL PROCESS
• City Attorney
• Council Consideration: Ordinance No. 957-0-3
3:18 PM F
l 6. RON-AGENDA M
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'.Cl~arwT e tkS~e5rt~rti. J~ q__
COUNCIL AGENDA - MAY 23, 1995 - PAGE 3
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8:35 EM
7. EXECUTIVE SSSSION: The Tigard City Council may 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. As you are aware,
a all discussions within this session are confidential; therefore, nothing from this
meeting may be disclosed by those present. Representatives of the nevus media
are allowed to attend this session, but must not disclose information discussed
during this session.
a 9:45 E'IVI
a. ADJOURNMENT
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COUNCIL AGENDA - MAY 23, 1995 - RAGE 4
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Council Agenda Item 3.1
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'1 IGARp CITY COUNCIL
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MEETING MINUTES - MAY 23, 1,995
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j Meeting was called to order at 6:35 p.m. by Mayor Jim Nicoli.
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1. BQLL CALL.
_ Council Present: Mayor Jinn Nicoli; Councilors Wendi Conover Hawley, Paul Hunt, E
Bob Rohlf (present for first Executive Session only), and Ken Scheckla. Staff
Present: Sill Monahan, City Administrator; Carol Landsman, Senior Planner F
(present for first Executive Session only); Mayne Lowry, Finance Director; Liz
Newton, Community Involvement Coordinator; Pam Berry, Legal Counsel; Tim
Ramis, Legal Counsel (present for first Executive Staff only); Catherine Wheatley,
City Recorder; and Sandy Zodrow, Human Resources Director.
® Executive Session - The Tigard City Council want into Executive Session at 6:30
p.m. under the provisions of CRS 192.660 (1) (d), (e), & (h) to discuss labor
relations, real property transactions, current and pending litigation issues.
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Executive Session recessed at 7:53 p.m.
Co=uncilor Rohif left the meeting.
1 Business Meeting convened into open session at 7:55 p.m.
BUSINESS MEEG E
1.5 Call to Council and Staff for Non-Agenda Items ~
For items discussed, see Agenda Item No. 6.
2. VISITOR'S AGENDA:
4 Gene McAdams, 13420 SW Brittany Drive, Tigard, Oregon, 97223, offered
copies of brochures that were distributed by the City al: the time the park
bond measure was presented to the City of Tigard voters. this information +
is on file with the Council packet material. Mr. McAdams reviewed the
brochure, noting that Surnmerlake Park was to ` serve the entire City. In
addition, he noted the road extension is clearly shown on the map
contained in this material at 130th andinterlake. Mr. McAdams referred
CITY COUNCIL MEETING MINUTES - MAY 23, 1395 - PAGE 1
contained in this material at 130th and Winterlake. Mr. McAdams referred
to the park master plan wherein he highlighted the following statements:
- 'To protect the surrounding neighborhoods from potential negative
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' impacts due to increase in pedestrian and vehicular traffic generated
by the park."
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- "Construct 130th Street for direct access to parks on major
transportation thoroughfare."
Mr. McAdams also noted developing access to the park and constructing
130th Avenue was listed as a high priority.
3. CONSENT AGENDA:
Councilor Hunt requested discussion on Item 3.3 and also for the removal of Item
3.2 for separate consideration. s
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Item 3.3 - Councilor Hunt noted concerns with the expense of sending Municipal
Codes out to all of Council, advising that if he has a question, he contacts City Hall
for the information he needs. City Recorder Wheatley advised she would check
{ with the current Code holders to determine if they wish to have a copy of the new
r Code before sending the Code out to print and distribution.
Motion by Councilor Hawley, seconded by Councilor Scheckla, to approve the
Consent Agenda, with Item 3.2 removed for separate discussion.
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3.1 Approve Council Minutes: May 9, 1995
3.3 Approve Now Format for the Tigard Municipal Code and Replace Code
Pages for Current Code Holders After July 1, 1955 - Resolution No. 55-22
3.4 Local Contract Review Board: Award Contract to Coopers and Lybrand for
Audit Services for the Three-Year Period Beginning 1994/95.
c Motion was approved by unanimous vote of Council present. (Mayor Nicoli and
Councilors Hawley, Hunt, and Scheckla voted "yes."
The following Consent Agenda item was considered separately:
3.2 Approve City Membership on the Tualatin River Watershed Council and
Authorize the Mayor to Sign the Inter-Organizational Agreement
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CITY COUNCIL MEETING MINUTES - MAY 23, 1995 - PAGE 2
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I There was lengthy discussion on this item by City Council. Councilor Hunt
f.. expressed concerns that the City has joined a great number of organizations and
i - that he would not support adding another organization, as he was not convinced
this would be beneficial to the City. City Administrator advised he supported the
membership in this organization because of the importance of the Tualatin River
LAO Tigard. Mr. Monahan advised that he believed it was important for the City to
be involved in the formative years of this organization.
There was discussion on whether there would be financing necessary for the
Tualatin River Watershed Council. At this point, no funding is requested, although
there may be a request for financing in the future.
Councilor Scheckla advised he believes there is already much information available
about the Tualatin River. He questioned the importance of Tiigard's involvement F
and Wondered whether Tigard would be able to exert any influence, given the fact k
that Tigard was on the louver end of the river and the various types of jurisdictions
invoh9ed with this organization. In addition, Councilor Scheckla noted he had ;
concerns because there was no indication as to how long this organization would
exist.
Mayor Nicoli noted ho believed it was important to be involved because of the
` i greenspaces along the Tualatin River, the issues that could arise with Cook Park
l being along the Tualatin River, and the money being spant to develop access
points and pathways.
_ a Mayor Nicoli advised if dollars are requested, the request could be evaluated at the E
time it was made.
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Councilors Hunt and Scheckla advised they would not be in favor of joining this
Council. Councilor Hawley said she support Tigard's membership because it
would be in Tigard's interest to participate rather than leave the City's fate up to
other people.
After brief discussion, Mayor Nicoli advised this agenda item would be set over to
the next Council meeting to give Councilor Rohif an opportunity to comment.
4. PUBLIC HEARING (QUASI-JUDICIAL) (Continued from the April 25, 1995 Council
agenda) - SITE DEVELOPMENT REVIEW (SDR) 91-0005/VARIANCE (LIAR) 91- i
0010 DOLAN/MENDEZ
THE CITY OF TIGARD RECEIVED A NEW REQUEST FOR A 30-DAY CONTINUANCE
FROM THE DOLAN LEGAL COUNSEL. IT IS ANTICIPATED THAT THIS HEARING
ITEM WILL BE SET OVER, BY COUNCIL MOTION, TO JUNE 27, 1995.
l: j CITY COUNCIL MEETING M114UTES - MAY 23, 1995 - PAGE 3 k
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] To Consider the J.S. Supreme Court remand of conditions related to the
J dedication of property for floodplain management and a bikepath relating to the
determination of the rough proportionality of those requirements. LOCATION:
{ 12520 SW Main Street (WCTM 2S1 2AC, tax lot 700). APPLICABLE REVIEW ~
CRITERIA. Community Development Code Chapters 18.32, 18.66, 18.83, 18.100,
r 18.102, 18.106, 18.108, 18.114, 18.120, 18.134 and 18.164; the Parka Master Plan
for Panno Creek, and the City of Tigard Master Drainage Plan. ZONE: CBD k
(Central Business District). The Central Business District zone allows public
administrative agencies, cultural exhibits and library services, parking facilities,
l public safety services, religious assemblies, and a variety of commercial and
service activities, among other uses.
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a. Open Pubilo Hearing r
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b. Motion by Councilor Hawley, seconded by Councilor Scheckla, to set the
i date on Public Hearing over to June 27, 1995. s
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d c. Motion was approved by unanimous vote of Council present. (Mayor Nicoli
and Councilors Hawley, Hunt, and Scheckla voted "yes.") r
5. CONSIDER ORDINANCE REPEALING THE CITY'S CURRENT INITIATIVE AND r
REFERENDUM PROCESS, ADOPTING STATE LAW AND PROVIDING FOR AN
APPEAL PROCESS
-T a. Legal Counsel Beery summarized the staff' report, noting the ordinance
presented to Council is consistent with Council discussion and direction '
received at the May 9, 1995 Council meeting.
b. ORDINANCE NO. 95-09 - AN ORDINANCE REPEALING THE CITY'S
' CURRENT INITIATIVE AND REFERENDUM PROCESS, ADOPTING STATE
LAW AND PROVIDING FOR AN APPEAL PROCESS.
C. Motion by Councilor Hunt, seconded by Councilor Hawley, to adopt F
Ordinance No. 95-09.
d. Motion was approved by a majority vote of Council present; 3-0-1. (Mayor
` j Nicoll and Councilors Hunt and Scheckla voted "yes;" Councilor Hawley
abstained from voting, noting she was not present when this issue was
previously discussed).
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CITY COUNCIL MEETING MINUTES - MAY 23, 1995 - PAGE 4
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j 6. NOWAGEN®A ITEMS E
a. SOLID WASTE RATE ADJUSTMENT RESOLUTION
Finance Director Lowry reviewed the staff' report and the proposed
resolution before City Council. At the May 16, 1995 Council meeting, the
Tigard City Council requested staff prepare a resolution which would adjust
rates in the following manner to achieve a 10% rate of return for the haulers
in the aggregate: 4
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e Increase drop box 6.1% to make the service line more of a "cost of
service" charge and reduce the commercial subsidy of a drop box
" service lane,
• Increase commercial and residential service lines after reducing the
3 amount of increase by the $15,000 contribution the City will be
making to haulers to support their recycling programs. The rate i
increase will then be calculated on residential paying 60% of the
increase, since that program is still subsidized by the commercial t:
rate, and the commercial service line paying 4093'® as an increase;
• Authorize the $15,000 City contribution to the recycling program
without modifying the franchise resolution.
j RESOLUTION NO. 95-23 - A RESOLUTION OF THE TIGARCD CITY
COUNCIL INCREASING GARBAGE RATES DUE TO A LOW AGGREGATE
RETURN FOR THE TIGARD FRANCHISED HAULERS REPORTED IN THE
1994 ANNUAL FINANCIAL REPORT
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Motion by Councilor Hunt, seconded by Councilor Hawley, to approve
Resolution No. 95-26.
Motion was approved by a majority of Council present. (Mayor Nicoli and
' Councilor Hunt voted "yes;" Councilor Scheckla voted "no;" and Councilor
Hawley abstained. Councilor Scheckla advised he was voting "no" because
he disagreed with the commercial/residential ratio. He noted he would
have preferred to see a 50-50 split of this increase, advising the haulers that
this had nothing to do with whether or not they should get their rate of
return. Councilor Hawley advised she abstained because she was not
preserd at the meeting when this issue was discussed.)
City Council also stressed they would be re-visiting the rate-setting policy
in the near future.
1 CITY COUNCIL MEETING MINUTES - MAY 23, 1995 - PAGE 5
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in response to a question from Councilor Scheckla, Finance Director Lowry
advised the $15,000 contribution to the City would be for one year.
b. ESTABLISHING A MONMI PURCHASE RETIREMENT PLAN AND TRUST
TO PROVIDE FOR MANDATORY EMPLOYEE CONTRIBUTIONS
Human Resources Director Zodrow summarized the staff report to the City
Council. Last week Council gave approval to proceed with implementing
an additional retirement plan to provide for the mandatory employee
contributions, pre-tax, of 6%, required by the passage of Measure S. By r '
adoption of the resolution, the Council would formally adopt a specific
5 resolution required by the ICMA Retirement Corporation to implement the
details of the plan and trust.
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RESOLUTION NO. 95-24, - A RESOLUTION OF THE CITY OF TIGARD
COUNCIL ESTABLISHING A MONEY PURCHASE RETIREMENT PLAN AND ~
TRUST TO PROVIDE FOR A MANDATORY EMPLOYEE CONTRIBUTION
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Motion by Councilor Hunt, seconded by Councilor Scheckla, to approve '
Resolution No. 95-24.
Motion was approved by unanimous vote of Council present. (Mayor Nicoli
and Councilors Hawley, Hunt, and Scheckla voted "yes.")
c. UPDATE ON MUSIC IN THE PAIN:
+ City Administrator Monahan reported staff met with representatives
interested in having a stage constructed for Music in the Park and other
events following the May 9, 1995 Council discussion. This group discussed
what events could be held at parks or school facilities to establish a 'track
record" in order to determine community support.
A rental stage would cost $1,100 on a one-time basis. The Music in the
Park groin was thinking they could come back to ask Council to fund a
temporary stage for a September Tigard birthday event at Cook Park. City
assistance with advertising the event mould also be requested; all other
details of the event would be the responsibility of the committee.
City Administrator Monahan advised the Music in the Bark group that no
Music series could be put on with City staff resources as the primary source
of support for these events.
CITY COUNCIL MEETING MINUTES - MAY 23, 1995 - PACE 6
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Discussion followed. Councilor Hunt questioned whether one event would
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- ~ judge popularity. He noted the City is making preliminary !
Inquiries about the purchase of property adjacent to Cook Park. If the
purchase is completed, there may be a site for Music in the Park there.
i Councilor Hawley advised that once the news get out, she believes that €
other arts groups; i.e., ACTTS and Broadway Rose, would be very
interested in this type of facility. She noted that the timing is short in order i
to get events organized for this summer.
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City Administrator Monahan advised there are two issues at this time; (1)
availability of the park, and (2) the committee's enthusiasm has diminished
since the May 9 meeting and he would need to see if the committee still
wants to be active. In order to assess the interest if such events are
supported by the community, an investment from the City will be necessary. r
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i Councilor Scheckla noted it is late to plan much for this upcoming summer,
` and said that after renting the stage a number of times for $1,100, that
money could have gone a long way toward building a permanent facility.
He noted he attended the Metzger Dark Advisory Board meeting the
evening before, and two people at that meeting advised him of their interest
to support this type of program.
There was discussion on how much money would be needed. City
Administrator Monahan said that between $3,000 and $5,000 would be a
j good limit, noting this amount could be worked into the City budget
discussion on June 13.
in response to Council questions, Dirs. Martha Bishop advised the
committee has the time and energy and would want to proceed. Mrs.
Bishop advised it would not be a problem to obtain bands and musicians
for events. She noted she would need to know the size of the stage and
that ADA requirements would have to be met. Mrs. Bishop referred to the
large number of senior citizens who would appreciate such events. A one-
time event, however, would not give a good indication of the value of
building a permanent facility for such events. She noted a permanent facility
! could be used for a variety of events not just musical entertainment. She
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rioted the importance of establishing a cultural arts location. She requested
that the City publicize events in the Cityscape.
CITY COUNCIL MEETING; MINUTES - MAY 2S, 1995 - PAGE T
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Motion by Councilor Hunt, seconded by Councilor Hawley, that the City
i Administrator be authorized to spend up to $5,000 of public funds during
the summer and work with the Music in the Park committee on how to
expend funds to be used for a temporary facility.
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Discussion followed. Councilor Hawley questioned whether the funds could
i be spent on paid performances.
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Councilor Scheckla advised the intent of his original proposal was that the
Music in the Park be free to those who attend, and that people would be
asked to donate their time to play. Councilor 3checkla advised that Don
Hite (Woody Hite band) would charge a fee to perform. Discussion E ,
followed. There are groups who would be interested in playing for free.
Councilor Hawley noted the $5,000 would be to support the logistics of
Music in the Park, not for the performers. There was some discussion on
advertising, noting that advertising could be done in the Cityscape.
Mayor Nicoll noted concern that his remarks at the May g, 1995 Council t
meeting were misinterpreted. He advised his opinions were based on the
a difficulties experienced by Cookin' in the Park and their two unsuccessful
events. He noted that Cookin' in the Park had major backing and a number
of volunteers. He advised he did not have enough documentation from the
Music in the Parts group supporting their ideas with an outlined plan. He `
also noted concerns with hove the matter was brought before the CITs. He
noted he would not want to spend $5,000 without documentation or a plan
of action. He also seld he would be interested in a multi-functional type of
facility.
Councilor Scheckla commented on the differences between Cookin' in the
Park and this request. He noted that Cookin' in the Park paid for their
performers and he believed they over-extended.
Mayor Nicoli said, at this time, there was no adequate location for a
permanent facility. Councilor Hawley advised she understood Mayor
Nicoli's concerns and agreed that other groups were usually asked to
i present documentation when funds were requested.
City Administrator Monahan reminded Council that this group is somewhat
different than other groups who request money from the City insofar as they
are a new group and do not have a "track record." He voted there had
been discussion on the possibility of farming the group as a non-profit
organization. There was discussion on the application for funding which is
filled out by other groups which request City financial support.
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! Mrs. Bishop advised the Cookin' in the Park and Music In the Park ideas
were different. She noted that Cookin' in the Park was an event sponsored
by people apart from the City. Music in the Park is more of a capital
improvement program request to build a facility to be available for use by
groups. Mrs. Bishop noted this type of facility is not unlike a facility such
as a covered picnic area a facility available for public use at the park.
The Music in the Park group is asking the City to address a need to h&We E
music with no costs for entertainment. She noted she believed all other
cities in the area have some type of facility such as a stage or gazebo for
l cultural events.
Council requested the group to prepare information for Council review. This
information would include who is involved, types of events that could be F
' planned, and documentation on "promises and projections."
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Councilor Hunt withdrew his motion. This discussion will be continued at
a future Council meeting.
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i d. SEDATE SILL 6W - LEGISLATIVE ACTION ALERT.
City Administrator Monahan advised the City received a legislative action
alert from the League of Oregon Cities regarding Senate Bill 600. (See l
copy of information in Council packet material.)
The League of Oregon Cities asked cities to contact their representative to
tell them they object to establishment of a major new program when they
know they cannot predict what the cost will be to local and state 4 '
governments.
Discussion followed on this item. Individual Councilors noted thsy agreed
in concept to the Senate Bill as proposed, However, Council did note some
concerns with funding issues; this could become another unfunded
j mandate. After discussion, it was determined that individual Councilors, If
they chose to do so, would contact their legislative representative to advise
of their concerns.
e. ME-rZGER PANIC
Councilor Hunt advised he would like to have more input with regard to
seeing the Metzger Park LID be increased by 3 cents. Discussion followed.
The additional 3 cents would give the park an operating budget of $60,000;
a an increase from the ,000 now received through the LID. There were
concerns with Tigard residents and a double taxation issue. City
CITE( COUNCIL MEETING MINUTES - MAY 23, 1995 - PACE 9
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Administrator Monahan advised that a discussion could be scheduled
before the end of June. After discussion, consensus of Council was to hold
either a public information meeting or a hearing (depending on format
! required as researched by Legal Counsel) with regard to an increase in the
next Metzger Loral Improvement District assessment. Notification of these
residents would be done prior to the meeting. Councilor Hunt noted he
prefer a three year levy, rather than reviewing every year.
f. FORMAMON OF TASTE FORCE TO STUDY COUNCIL COMPENSATION
{ It was noted that there was discussion at the Budget Committee to appoint
the five non-City Council members of the Budget Committee to review City
Council compensation. There was discussion on the timing of the report
from the Task Force. Councilor Hunt questioned whether implementation
could be done before the consideration of the budget on June 13. Mayor
Nicoli advised he did not think this was a pressing issue, from his
recollection of the conversation at the Budget Committee meeting this may
be something to consider during the next budget cycle. There was
discussion on the number of options available to Council for implementing
any recommendations from the Task Force.
Council meeting recessed at 9:42 p.m. K
7. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at ~
9:45 p.m. under the provisions of ORS 192.560 (1) (d), (e), & (h) to discuss labor
relations, real property transactions, current and pending litigation issues.
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8. ADJOURNMENT: 10:50 p.m.
Attest: Catherine Wheatley, City Recordbt
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-Mayor, City of Tigard p
Council res We~yt
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CITY COUNCIL MEETING MINUTES - MAY 23, 1995 - PAGE 10
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CITY OF TI RD, OREGON ~
AFFIDAVIT OF POSTING E`
In the Matter of the Proposed
•i r
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, 4 begin first duly sworn, on oath, s
depose an say: r
l That I postte in the following public and conspicuous places, a copy of Ordinance
number (s) 01 S which were adopted at the Council Meeting dated
copy(s) of said ordinance(s) being hereto attached and by reference made a pe-vt hereof,
on the day of
1. Tigard City Hall, 13125 SW Hall Bird., Tigard, Oregon
2. Tigard library, 13125 SW Nall Blvd., Tigard, Oregon
3 3. Tigard Mater Department, 8777 3W Burnham, Tigard, Oregon
day of 19 ~S
574L OM-MC,
Subscribed and sworn to before me this
OFFICIAL SEAL ~
CONNIE MARTIN
NOTARY PUBLIC OREGON
COMMISSION No, 015877 Notary Public for Oregon
MY COMMISSION EXPIRES JUNE 4,1996
Idly Commission Expires: 644/1!,
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worPi0w4mt
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COMMUNITY NEWSPAPERS, INC. Legal
P.O. BOX 370 PHONE (503) 684-0350 Notice TT 819 7
BEAVERTON, OREGON 97075 I
• Legal Notice Advertising x ,
*City of Tigard ® ❑ Tearsheet Notice
13125 SW Hall Blvd.
mTigard,Oregon 97223 ® Q Duplicate Affidavit
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AFFIDAVIT OF PUBLICATION
aU4 m ,i; i
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss.
I Kathy Snyder a
being first duly sworn, depose and say that I am the Advertising. Director, or his principal clerk, of4heg
ar~d°°~~??1at' Tmes P
a newspaper of general circulation as defined in ORS 193.010 xiir 13
and 193.020; published at Tigard -_in the tc :
af`gitydCauncil m state tlncf
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for_--QNB successive and
consecutive in the following issues: R E C E a V P
May 18,1995 [
MAY 2 2 1991",
~,:ITY OF TiGARCZ
Q-h J1aj 9e,
Subscribed and sworn to before me thial th-day of Mav . l OFFICIAL SEAL
r JACQUELINE ARELLANO E
NOTARY PUBLIC-OREGON
Notary Public for Oaegon COMMISSION NO. 023140
{ MY COMMISSION EXPIRES JUNE 9, 1997
My Commission Expires:
j AFFIDAVIT
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The ~cl g ~t~a~ highlights are published for Yot is cl iI
_ a en s may he obtained from the City Recorder, a31 f
Rz?aulevard, Tigr +c Oregon 97223, cr by callts 6S'9-42'71.
1 T Et -CITY t$i.i I~`J6YN HALL
MAS bV.sAt T F3{~$T& 6id7,°6Td% MOM
e
a Study Meeting (R6d : ock Creek Con ferenceRoorn-.formerly known as . ~ ,
Town HaR Conference Room) (6 30 p ni }
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' Executive Session T~ Tigard City,Coumcil may gz~ iiaG~ Irx~ia
tive Session under the provisions of ORS 232.660 (2) (d), (e), & .
(ik) to discuss tali relations, real progvrty transactions, current t
and atdirtg litigation issues. -
' , a Agt~rt~a Reece r - ' ; ~
0us ness Wet: Z (jai>; ra'Ball) {7:30 p.m.)
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Puoi o n tafni (continued from April 25, 1995 at the reqaest of;
Doia F legaf court at):.;NOTE: CITY HAS RECEIVED
A~ p,10~0T( CS" ~yy~:S FROM THE '5 O N ~p COUN-
SEL d'iA~' £ i•. 1:~0~e</{d+3A A+>Al3~F TI`S1G Bl1+~~7 L~~t'A>•+'
TG C N ITNTUE THIS HEARING UNTIL LATE JU M.
COO . tl, WILL, ;.CNSIDER:T11E.REQUEST .At` ITS .
f231 TING . I7vlnss~'Iendei-r 1*0 Csseusiclor the U.S.
emc, C;i',zi ni:'r.,5nd cif conditions related Ed the dsA- kati€ n of-
Orcp;; y f u,r ilooJptaia mans gemettt'and a bikepath'relating, to
Jetrw.~i;- e i x toughprnl rdottality,ofChosegc *re-
rae,uk, LQCJ'T X z. 12520 SMA ain Street (WCTIt 2SI
* Consider: Ordinance repealing current code provisions, and
adopting, Site Statute for initiative and referendum grecess in
R Consider: Ordinance ado tin new format for the Tigard
Municipal Code.
Lis-ai Contract review Board Meetistg
'118, 197 s`=d~igItPlLSy 2$,1995.
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CITY OF TIGARD, OREGON
Jt p ORDINANCE NO. 95-122-
AN '
ORDINANCE REPEALING THE CIT'Y'S CURRENT INITIATIVE AND
REFERENDUM `+~±~PR SS, OPTING STATE LAW AND PROVIDING FOR AN
APPEAL PROCESS
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WHEREAS, the City's current initiative and referendum process was adopted in 1962; and k .
WHEREAS, since the adoption of the City's initiative and referendum process, there have r
been state laws adopted which control many parts of the process, such as forms, county filing
deadlines, ballot titles, etc.; and
WHEREAS, the City Council has reviewed the City's current initiative and referendum E
process and found parts of it to be outdated or in conflict with state law, now, therefore:
THE CITY OF TIGARD ORDAINS AS FOLLOWS: i ,
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SECTION 1: Chapter 1.12 of the Tigard Municipal Code, entitled "Initiative and
Referendum, is hereby repealed s
SECTION 2: The Tigard Municipal Code is hereby amended by adding a new Chapter 1.12, ~
entitled "Initiative and Referendum", which shall read as follows:
Chanter 12
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IN1711ATIVE AND REFERF ITIyi
12,010 Adoption of state law. Except as provided in this
chapter, the general laws of the state concerning initiative and
referendum shall apply for any initiative or referendum of a city
measure.
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1.12.020 A-oneal of one subiect determination.. Any elector
dissatisfied with a determination of the city elections officer under
ORS 250.070(1) may petition the City Council seeking to overturn the
determination of the city elections officer. If the elector is dissatisfied
a with a determination that the initiative measure meets the
requirements of section 1 (2)(d), Article IV of the Oregon
Constitution, the petition must be filed with the city elections officer
not later than the seventh business day after the ballot title is filed
with the city elections officer. If the elector is dissatisfied with a
determination that the initiative measure does not meet the
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Constitution, the petition must be filed with the city elections officer
i not later than the seventh business day after the written determination
is made by the city elections officer. The review by the City Council
shall be the first and final review, and shall be conducted expeditiously
to insure the orderly and timely circulation of the petition. k
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~,~?,Q30~_l~ed~►F. elector ddss~ is~i, d, t1t t;t(e for
{ cif rueanre. Any elector dissatisfied with a ballot title filed with the
city elections officer by the city attorney or the city governing body,
may petition the City Council seeking a different title and stating the
reasons the title filed is insufficient, not concise or unfair. The petition
shall be filed with the city elections officer not later than the seventh
business day after the title is filed with the city elections officer. The
City Council shall review the title and measure to be initiated or
referred, hear arguments, if any, and certify to the city elections officer .
a title for the measure which meets the requirements of CRS 250.035
and 250.039. The review by the City Council shall be the first and
final review, and shall be conducted expeditiously to insure the orderly
and timely circulation of the petition or conduct of the election at
which the measure is to be submitted to the electors.
SECUON 3: This ordinance shall be effective 30 days after its passage by the Council,
signature by the Mayor, and posting by the City Recorder.
PASSED: By 0-' -luj vote of all Council members present after being read by ;
number and ti e only, this day of 1995. k
Catherine Wheatley, City Recorder
ARPR®VED: By Tigard City Council this ~3r 3' of- 5_
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3 Ticoli, Mayor
r Approved as to form:
City Attorn
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I Date
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AGENDA ITEM NO. 2 - VlSTTCR'S AGENDA CAM May 23,_ 1995
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(Umlted to 2 minutes or less, please)
Please sign on the appropriate skeet for listed agenda items. The Council wishes to hear from you on
other issues not on the agenda, but asks that you first ty to resolve your concerns through staff.
Tease contact the City Administrator prior to the start of the meeting. Thank you.
STAFF
NAME, ADDRESS & PHONE TOPIC CONTACTED
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` i AGENDA ITEM NO. 2 VISITOR' s AGENDA - PAGE 2 m E ,1 ,
(Umited to 2 minutes or less, please)
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"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 contac. the City Administrator prior to the start of the meeting. Thank you.
STAFF
j NAME, ADDRESS & PHONE TOPIC CONTACTED
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Depending on the number of person wishing to testify, the Chair of the Council may limit the amount i
` 'of time each person has to speak. We ask you to limit your oral comments to 3 minutes. The Chair
may further limit me R necessary. Written comments are always appreciated by the Council to
l supplement oral testimony.
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AGENDA ITEM- DA : May 23, 1995
PL3C HEARING (QUASI-JUDICIAL) (Coaatlnu from the April 25,1995 Council agenda) - SITE
` DEVELOPMENT REVIEW (SDR) 91 /VA,REANCE (VAR) g1 1® DOL,AN/MEND
E CITE' OF 7l RD RECEIVED A N REQUEST FOR A 30-DAY CONTINUANCE FROM t
. ` ; THE DOLAN LEGAL COUNSEL. IT IS ANTICIPATED THAT THIS HEARING ITEM WILL BE S
OVER, BY COUNCIL MOTION, TO JUNE 27, 1995.
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To Consider the U.S. Supreme Court remand of conditions related to the dedication of property
for floodplain management and a bikepath relating to the determination of the rough f
proportionality of those requirements. LOCATION: 12520 SW Main Street (VNCTM 2S1 2AC, tax
lot 700). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32,
18.66, 18.88, 18.100, 18.102, 18.108, 18.108, 18.114, 18.120, 18.134 and 18.184; the Parks E
Master Plan for I`anno Creek, and the City of Tigard Master Drainage Plan. ZONE: CBD
(Central Business District). The Central Business District zone allows public administrative
agencies, cultural exhibits and library services, parking facilities, public safety services, religious
assemblies, and a variety of commercial and service activities, among other uses.
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PLEASE SIGN IN TO TESTIFY ON E ATTACHED SHEETS
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AGENDA rrEM NO. --A
EL SE P81
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Proponent - (Speaking In Favor) Opponent - (Speaking Against)
:a Nam. Ad and roe No. Name, Address eatd Phony No.
Nam, Addnsaa and Phone No. F076' Address and Phone No.
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Name, Address and Phone No. Name, Address end Phone No.
rasa mvd ona e, Address an one
Name, Address and Phorro ! - Name, Address and Mone No. f .
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R@iiio, Ad ress and Rhona i Name, Address and Phony No.
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Proponent - (Speaking In Favor Opponent - (Speaking Against
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TIGARD'S PARK SYSTEM IT'S UP TO 'IOU
j The City of Tigard owns and maintains a public park system consisting of nine
parks covering nearly 116 acres. The parks range from Windmill Park at 1/5 acre
where the attraction is a historic windmill to the 51 acres of Cook Park with a wide
range of recreational facilities.
Over the last several years Tigard has experienced rapid growth. The City's
population in 1970 was 6,499. Present estimates place the population at over 26,000.
This rapid population growth has outpaced the City's ability to improve the park
system. The park system that was adequate ten years ago can no longer meet the pp
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needs of the citizens of Tigard.
The Tigard Parks and Recreation Board recognizes that access to nearby f
3 recreational opportunities is an important factor in maintaining Tigard's quality of :r
life. In 1988, the Parks and Recreation Board adopted Plaster Plans for Summerlake, ;
Fanny Creek and Cook Parka The improvements identified in the Safasirr Plans
1 would drargiaallyincrease the opportunities eirovided in these three strategically '
located parka?"
As a first step toward accomplishing the Park and Recreation Board goal to
provide the community with a comprehensive park system, the Board has identified
some initial improvements that, if constructed, would begin to expand the recre-
ational opportunities available to Tigard's citizens in Summerlake, Cook and Fanno
Creek Parks.
The specific improvements identified are based on the recommendation of
3 professional park planners, several citizen workshops and many hours of research
and discussion by the Park Beard. The projects proposed for each park are listed on
the following pages. The recommended level of improvement is thought to provide t'he
' most benefit for the cost.
This fall, Tigard voters will have the chance to vote on the future of our park s
system. Like other services, a good park system does not just happen. In order to bring
the plan to fruition, funds must be available to pay for the improvements. The $eptem- !
her ballot will contain a measure to establish a park levy over the next five years to
pay for the park improvements identified on the following pages. The total cost to the
citizens ofTigard - $1,750,000. Cost to the taxpayer-an average of.23/$1,000 of
j assessed value or $1.53 per month on an 580,000 home. Approval of this park levy ` .
would insure that Tigard's park system improves to meet the needs of a growing
population. Mail your ballot by September 19th. The future of Tigard's park
! system is up to yowl
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CRYOFTNARD
ns
l /1cat.~i 1 y~~~' SUMMER LAKE PARK
Summer Lake Park is a community park located south of SW Scholls Ferry Road, at SW 130th
Avenue, and south of Summer Lake subdivision. The park presently consists of 18.81
acres, a portion of which includes a large lake for storm drainage retention and flood
control. Approximately 15 acres were dedicated to the City of Tigard in 1978 by the Art j_
Lutz Development Company as a condition of development of the Summer Lake subdivision.
In 1986, 3.06 additional acres in the southwest area of the park were dedicated to the
City with the Ari Green subdivision.. Acquisition of the remaining acreage in the
proposed boundaries and the possible addition of acreage to the south of the park would
f bring the total park acreage to 30+ acres.
Av 1980, work on the preparation of the lake had been achieved by the developer, which
included dredging, grading and reshaping the lake and building a dam at the east end. E
The City then took responsibility for the building of the bridge connecting the north F`
and south banks of the lake. In 1986, major improvements were completed with the t'-
addition of picnic tables, barbecues, trash receptacles, a children°s play structure,
and the installation of the irrigation/ sprinkler system. Many additional recreational i'
facilities are planned for the park.
The park has been designed with the community in mind, utilizing the natural amenities
and existing lake as the focal point for the parks setting. The site is characterized
by open, gently roiling land, sloping south from the Summer Lake subdivision and sloping
' north into the lake from the southern boundary line. Approximately 75% of the shoreline
has been planted in grass. The southwest edge of the lake remains in its natural state,'
and includes a grove of Douglas fir and deciduous trees opening into a relatively flat,
cleared area to the west of the forested area.
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The lake, surrounding shortline and drainageways are excellent habitats for various
forms of wildlife, and are especially attractive to waterfowl that can be seen at all
times of the year. Beavers reside at the Spring Creek inlet to the lake at the west
J end, causing, problems in water level control. This specific area has been suggested by
specialists for preservation because of its unique vegetation and wildlife values.
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'j Goals:
o To preserve open space and passive recreational land which will retain and improve l;
liveability of the surrounding neighborhood and serve the leisure and aesthetic
needs of community residents.
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o To provide safe and convenient access for neighborhood residents and park visitors.
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o To create a leisurely environment and active recreational spaces to serve the
surrounding community and, provide facilities which generally cannot be provided at
i the neighborhood level.
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o To preserve, protect and enhance plant, wildlife and fish areas and habitats; water
areas; and wetlands.
^ 9. o To protect the 'surrounding neighborhoods from potential negpitive impacts due to
Increase in pedestrian and vehicular traffic-generated by the park.
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i Obiectives:
t o Acquire land to the west and south of park. (approximately 9 acres)
o Preserve open spaces and natural areas for passive recreation.
o Provide picnicking facilities--tables, cooking facilities, trash receptacles and
drinking fountains.
o Provide plav equipment/structure for community use.
o Provide general lighting throughout park. j
o Construct pedestrian/bicycle paths between park and Mary Woodward school.
o Construct pedestrian/bicycle paths to connect with existing paths, greenway paths,
on-street bicycle paths and neighborhood access.
"j o Construct pedestrian/bicycle bridge over fiam, sturdy enough to accommodate service`
vehicles. ~
o Construct:. 1300 a. Street for direct access to park from major transportation
o Construct direct access to park from areas south of park.
o Develop multi-purpose ballfield (softball and soccer) primarily for use other than
tournament play.
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o Construct tennis courts with possible addition of lighting and cover.
o Construct multipurpose hard courts with possible addition of lighting and cover.
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o Construct volleyball facility.
o Develop and maintain present houses as multi-purpose community center and in k
i conjunction with future recreation program, with areas for:
Restrooms
j Multi-purpose rooms for classes, public meetings, or drop-in activities.
Social gathering, areas for small groups. '
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Kitchen area for classes and group gatherings.
Maintenance equipment storage.
OR
o Construct restroom facility.
o Construct picnic shelter.
o Provide maintenance to prevent erosion and enhance the quality of the lake water.
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o Provide landscaping that will compliment and enhance the surrounding neighborhoods.
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o Develop islands in such a way as to preserve and protect plant and wildlife
habitats; enhance attractiveness; and restrict human access. f
o Provide off-street parking.
o Prepare Master Para;. Plan, to Promote the coordination of development and
improvement projects, and to promote the retention of important natural open spaces
where apnropriate. i~
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SUMMF,R JAKE PARK PROPOSALS
~ i :-ROPOSAL
1J+?. PROPOSAL, DESCRIPTIOPi PRIORI CY
NIGH MEDIUM 1,017
7-1 PrenarP Master Park Plan x
7-2 Acquire 9t acres for nark Pxpansion a
x
7-3 DpvPlnn hallfield x
7-4 Develop tennis courts x
7-4a - Liohtinp K f:`
-I 7-5 Drvr lnn s»~rr courts \ Cn
7-5a - Lie,hting x
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- 7-5b - over
x
7-6 Develop volleyball facility x
7-7 Provide additional picnic facilities
x E -
7-8 Provide additional plav equipment/structure x E
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7-9 Deveion pedestrian/bievcle natits and connections x
7-10 Develop nedestrtan/bicycle bridge x
i 7-11 Develop wading pool E
j x'7-1 Develcap;,access to park
7-12a . = Construct 130th Avenue x
7-12b Construct road' south of park x f
7-1.3 Develop off-street narking x
' 7-14 Provide park lighting
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7-15 Develop present house as community center
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7-15 Cnnstruct restrooms
7-17 Construct covered picnic shelter/s x
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7-19 ProvNP maintenance
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7-1q ProvNP lanviscaninp X E
7-20 Prnvido hPnr'.tPs
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HAWK'S 13EARD ST.
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PROPOSED ROAD ;
SUMMER LAKE
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PROPOSED ROAD
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' 1 e,r, tmc:=ronfi.HDwntar"y
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Summerfa Park, located in north-
estMgzrd adjacent to 130th Avenue,
is desl6nated as a community-lovel,
park, that serves the entire city. The
purpose of a community park is to
PA provide facilities that can accommo-
SUMMERLAKE
date a variety of recreational activi-
ties. Currently, the amain attraction
j East E
of this panic is SunsrnEr i.ai4e and i
Land aCqt1181tioY1 surrounding o
pen spaces. In ors€er
j { Planting shrubbery at playground to tunctlan as a community park,
Lawn seeding at lakeside additional facilities are necessary to
'j Bridge at dam enhance and adversity recreational
Asphalt trail opportunities. The Identified improve-
Footbridges events are Intended to benefit the
entire community as well as feaster
Irrigation neighborhood use.
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Playground
Soft trail
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West
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Picnic Shelter
Picnic tables
' Restrooms
Ibnnis courts
Basketball court
Winterlakeplaygivund
Parking
{ Benches x
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Pathway lighting ~
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T. ^nu' p-I .I~~~ kt W.. It, _ i d.. - ~.~i!'1l.- s ,t'• y _ _ '
Conference Center Garden at Su :imerlake Park
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AGENDA ITEM #
For Agenda of
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUTM1 ARY
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ISSLTElAGENDA TITLE Tualatin River Watershed Council
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PREPARED BY: Duane Roberts DEPT HEAD OIL I- CITY ADMIN OIL t4l
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ISSUE BEFORE THE COUNCIL
Should the City become a member of the newly formed Tualatin River Watershed Council? F
STAFF RECOMMENDATION
Authorize the Mayor to sign the attached inter-organizational agreement for the Tualatin River
i Watershed Council. The council would provide a central source of information on current research ,t
and activities related to the health and management of the watershed. It also would provide a
forum for coordinating the research and activities of the large number of agencies and
organizations involved in watershed protection.
r :INFORMATION SUMMARY
- The city has been invited to become a member of the Tualatin River Watershed Council. The
- ; council was established on an interim basis last year in response to Douse Bill 2215, which
encourages the voluntary fonnation of watershed councils throughout the state. The new council
' is proposed to include representative ofvarious public and private stakeholder organizations. They
_j include agricultural and industrial groups, homebuilders, environmental organizations, state
agencies, and county and city governments. The council's purpose is to provide a forum for
j information sharing and coordination among the many public and private groups having an
interest in the health and management of the watershed. Potential projects to be undertaken by
the council include putting together a central database, sponsoring conferences, and taking
positions on water management issues.
3 A copy of the draft agreement and background memo on the council is attached.
OTHER ALTERNATIVES CONSIDERED
a
i Not to become a member' of the council.
FISCAL NOTES
No dues structure or suggested monetary contribution to the organization has been proposed.
i nrv,~arQ~1,~1
May 11, 1995
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CITY OF H I LLSBORO
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MEMCSR.ANDUM
4DALE: ~ May 4, 1995
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TO: Washington County City Managers RAY. 0 5 1 i
FROM: Tim Erwert, Hillsboro City Manager
7 sro+w.r..~.w.w~xii°.FJ.aavl.9aAO~.eee_
!
RE: Tualatin River Watershed Council
$ This is a follow-up on a topic covered at the April 26, 1995 Washington County Managers
meeting. For those of you who were at that meeting, I have not included the referenced j
9 agreement because you received it at the meeting. If you need another copy, please ail my
' office.
In 1993 House Bill 2215 passed, encouraging the voluntary formation of "watershed councils" in
each watershed statewide, and making available some state assistance. The bill provided that r
the affected local governments shall together determine their respective roles and the appropriate t
{ method for appointing members to a local watershed council." r
A meeting of a small group of interested individuals from throughout the County took place in r
December 1993 in Hillsboro to see if there was any interest in forming a watershed council for
the Tualatin River Watershed. That group felt there was an interest. However, the group agreed
unanimously that we do not need another layer of government. Instead, the need was identified
for a coordinating, information sharing mechanism, because there is such a diversity of activity
by such a large number of governmental agencies and other organizations, and these activities
often have widespread impact. i '
The group also identified what later became "stakeholder groups" which should be involved in
such a process, and added representatives from each of these groups to the meetings. All through
1994 and into 1995 the expanded group worked through issues of how a basin council should
operate, what it should do, and how it should be formed. In order to have a title, the group
decided to refer to itself as the "interim council." This interim council then decided that the
proper approach to "building" a watershed council in our case would not have an appointing
authority, but would be based on inter-organizational agreement and voluntary participation, j
fashioned after the example of our Jackson Bottom Steering Committee.
i
The interim council then proceeded to draft an agreement and accompanying documents
(enclosed for those of you who were not at the April 26 Manaser's meeting), and has started
7 47
contactin, stakeholders in all of the groups for participation. A number of organizations have
approved the agreement and are ready to participate. Many others are being approached or are in
the decision-malting process now. i
If you have any questions regarding this matter, please do not hesitate to call.
TE/Jv
Attachments
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123 West tvtain Street. Hillsboro. Oregon 97123 • 503,'681-6113 • FAX 503'691.6232
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INTER-ORGANIZATIONAL AGREEMENT
E
for the
TUA LATIN RIVER WATERSHED COUNCIL
A number of organizations which are active in the Tualatin River Watershed began meeting in
late 1933 to determine the potential interest in the formation of a Tualatin River Watershed
j Council. The initial group was later expanded to include representatives of each of the
: j following groups who shared interest in the well-being of the Tualatin River Watershed. The
I group called themselves the Tualatin River Watershed Interim Council. They adopted a
mission statement and vision statement (Attachment A) for the proposed Watershed Council. r = '
! The groups represented on the Interim Council include:
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Hornebuilders and Development Industry
Citizen Participation Organizations
Neighborhood Participation Organizations
Environmental Organizations
Chambers of Commerce
` Park Districts
Recreation
Education
_ "Friends of " ...Organizations
Research
Counties
7 Cities
Water Districts `
Sewer Districts
Soil and Water Conservation Districts
Irrigation Districts
Farm Bureau
Forestry - Large Forest Owners
Forestry - Small Lot Forest Owners
Urban Industry
Forest Products Industry f
Agriculture
i Interested Citizens
Orec-on Water Resources Department
Oregon Department of Forestry
Northwest Oregon RC&D Council
National Park Service
Oregon Department of Agriculture '
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Oregon Stratesic Management Group
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We, the undersigned, having participated in the development of a proposal to form a Tualatin .
Rivet Watershed Council, (hereafter "Council") concur with and will participate in the
implementation of this inter-organizational agreement. This agreement will provide for the
establishment of a Tualatin River Watershed Council to support the vision and to accomplish
the mission and goals as stated in the proposed Charter, all of which are in Attachment A.
1
We hereby establish the Council to carry out the mission, goals and objectives, and to i
periodically update the goals and objectives of the council. The membership of the council
shall be comprised of one representative from each group identified in Attachment L. Each
group of organizations is responsible for selecting its own representative for the Council by E
whatever means it deems appropriate. This representative will be called a Council Member
and is defined as a person representing a Group who sits on the Council as a representative of
that group.
The Council may establish subcommittees from within and outside the Council as necessary to
accomplish its goals. The Council may prepare an annual work program describing specific
cooperative projects to be undertaken each year. The Council will serve as a forum for
`j sharing of pertinent information and coordination of the work between Council Member
groups, encouraging cooperation among participants and for giving advice to participants when.
requested.
We understand the following: -.-.i
1) The Council cannot apply for or receive grant funds until such time the Council becomes a
legal entity.
2) Each Council member participates in Council activities at the discretion of the group they f
represent.
3) Each Council member shall be responsible for their own negligent or wrongful acts.
This agreement shall remain in force until the Council revises the Charter or the intent of the
Council. Any party may withdraw its participation upon providing 90 days written notice to
the other Council members. This agreement may be extended or renewed upon further written
1 agreement of the Council members
Signed:
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Bv: Representing:
Signature Agency/Organization
Title: Date:
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? Attaehment Nett k
TUALATIN RIVER WATERSHED VISION
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A BALANCED ECOSYS'T'EM' THAT SUPPORTS A
HEALTHY WXrERSHED, PROVIDES FOR AN ECONOMIC
BASE AND VIABLE COMMUNITIES.
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EXPLANATION`
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THE TUALATIN RIVER WATERSHED CONSISTS OF THE RIVER, ITS TRIBUTARIES,
ITS GROUND WATER AND THE LAND THAT DRAINS TO THEM. THE '
COMPONENTS LISTED BELOW MUST WORK IN HARMONY FOR THE VITALITY OF
THE RIVER TO BE REALIZED. THE BASIN IS FAR LARGER THAN THE RIVER,
ENCOMPASSING NEARLY ALL LANDS WITHIN WASHINGTON COUNTY, AND
SMALL AREAS OF MULTNOMAH, CLACKAMAS, YAMHILL, TILLAMOOK AND €
COLUMBIA COUNTIES. WHEN PEOPLE THINK OF THE TUALATIN, THE RIVER
r' MAY COME FIRST TO MIND BUT THE ENTIRE DRAINAGE. AREA IS VITAL TO THE
HEALTH OF THE RIVER SYSTEM. i.
Water Quality, A watershed that contributes water of such quality that people can use it for
consumption, recreation, work, and the support of terrestrial and aquatic life. A river and its
tributaries that contain the highest achievable water quality that surrounding soils, rocks,
natural vegetation, wildlife, ground water, and wise use of land resources will allow.
r
Natural Resources: A balanced ecosystem that supports its component parts throughout the C
Tualatin River watershed including a varied habitat that thrives along the banks of the
watershed's streams and river.
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Use of Resources: Wise Stewardship of the resource of the watershed to maximize their
renewal and minimize permanent loss.
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Land Use: Recosnize that owners of property within the watershed have land use rights, as
well as responsibility to protect the welfare of the ecosystem through the use of their land.
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Recreation: A watershed that provides various types of recreation and an experience that
fosters an appreciation of the watershed's natural resources including its river and streams.
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Economics: A watershed that provideswater quality and quantity sufficient to support a viable f
and healthv community in which its citizens are proud to live, work and recreate.
Education: An informed populace that understands and appreciates the river, its ecosystem,
and needs and works to achieve them.
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TUAILATIN RIVER WATERSHED COUNCIL,
CHARTER
- ; Purpose
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The Tualatin River Watershed Council was formed to share information, reduce duplication of
activities. and help address watershed management issues in the Tualatin River Watershed and t _
provide a framework for coordination and cooperation among key interests.
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{ Mission
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To foster better stewardship and understanding of the Tualatin River watershed resources, deal
with issues it. advance of resource degradation, and ensure sustainable watershed health,
functions, and uses.
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Relationship to Decision-Making Bodies and Communities of Interest
The Tualatin River Watershed Council is an advisory body to established decision-making
bodies and communities of interest. As such, the council makes recommendations concerning
3 the protection, restoration, and enhancement of the quality of the Tualatin River Watershed. '
The agencies, organizations, and interests represented on the council are not obligated to adopt
i or carry out the recommendations of the council, but will give due consideration to the
recommendations and take actions they consider appropriate. These agencies, organizations,
and interests will report back to the council on any actions taken in response to council E
recommendations.
The council welcomes and will respond to requests for advice on actions affecting the
watershed that are proposed by local, state, and federal agencies; organizations; or interests.
4
Council members will keep their respective agencies, organizations, and interests informed
about the work of the council and will bring their concerns to the council
Goals and' Objectives
I
® Encourage coordinated efforts to increase education programs _
® Improve communication among affected private individuals, interested citizens,-
business/industry, and representatives of local, state, and federal agencies
• Establish a framework for coordination, cooperation, and citizen involvement
e Provide a forim for resolving problems and conflicts related to the council's mission when
all parties to the problem or conflict agree to refer the matter to the council
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Provide ongoing program evaluation during implementation
i - Promote ongoing monitoring of the health of the Tualatin River Watershed !
2195
3 Specific T'askslResponsibiliBies
i ® Establish a public involvement program to ensure an appropriate level of citizen
participation in the council°s work
® Use available resource information to determine the current condition and uses of the
watershed
® Identify the desired condition and uses of the watershed
o Encourage ongoing monitoring of the conditions of the watershed
! ® Help resolve issues among diverse interests in the watershed
® Seek funding to support program development and implementation, including funding from -
l agencies represented on the council f
9 Address the needs and concerns of the respective agencies, organizations, and interests
f represented on the council
® Adopt and implement a work program, monitor work program progress and budget €
® Identify ongoing education programs in the watershed
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Council Members
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The Tualatin River Watershed Council shall at all times include representatives from the f
following interests: See Attachment (B). A majority, of members shall reside in the Tualatin
River Watershed.
Technical Assistance, laws and regulations may be provided by the Technical Assistance group
and will serve as non-voting members.
The members shall serve at the pleasure of their respective agencies and organizations. Council
members may designate an alternate who will participate on the council in the their absence.
The council will act to replace members who resign or are unable to continue serving on the
1 council. The council will strive to maintain continuity and the balance of interests by giving
preference to representation from the same agencies and organizations at a similar or higher
level position. The council will request the agency or organization to nominate a replacement -
representative. If the agency or organization is unable or unwilling to do so, the council will
sees: representation from another agency or organization of the same community of interest.
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Organixtion and Procedures s
The council N-611 use a consensus decision-making process.
. Roberts Rules of Order shall be followed (See Attached Ground Rules)
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~ Th;; council: will select a chair or co-chairs to serve as spokespersons?. prepare council
`i agendas, call and manage council meetings, enforce ground rules, and perform other tasks as
assigned by the council. The council may select other officers as needed.
The council may form subcommittees of its own members and task groups that include
individuals not on the council to perform certain functions or focus on specific issues. The
council also will identify technical advisors who can provide technical data and assistance and _
call on these experts as needed.
Council will seek funding for the ongoing operations.
t _
Amendments
3 A council member may propose amendments to the ground rules at any time. Amendments -
will become effective at the time proposed if all council members are present and approve.
Otherwise, amendments will become effective at the meeting following the proposal upon
consensus of those present.'
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TUALATIN RIVER WATERSHED COUNCIL
PROPOSED GROUND RULES
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Council Members agree to the following ground rules: a
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Council Decision-Making
• The council will use a consensus decision-making process. Periodically during the
process, the chairman will check-in with members to determine the level of consensus for a
i decision. If the level of consensus is low, the council may decide to delay discussion of
the item to a later date.
Robert's Rules of order will be used as a guide for conducting business.
o When one or more members are absent from a meeting, the members present will
determine if they feel comfortable making a decision or deferring it to a later date.
i
o Before a decision is adopted by the council, sufficient time (30 days) will be provided for
i the members to seek advice from organizations they represent, agencies, or other experts.
When a decision is reached by consensus, council members will advocate to their i.
respective bodies support for the adoption or implementation of the decision.
I
The watershed council may select a person to serve as facilitator. A facilitator will conduct
the meeting, help ensure full participation of members, help members stay on track, and
reach consensus.
Participation
® The council will hold regular meetings and follow the provisions of the Open Meetings
Law. At least ten minutes will be set aside at each meeting for public comment.
i
® A majority of the council members or their alternates must be present to conduct business.
Council members will keep their respective agencies, organization, or interests informed
about the work of the council and bring concerns of their groups to the council
_ Council mernbers may designate a representative of their group to serve as an alternate.
Designated alternates will be listed on the membership list of the council
® Each member will brief his/her alternate on all issues and proceedings prior to the
{ alternate's attendance at council meetings.
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j Members will mare every effort to attend all council meetings themselves; and if they are `
unable to do so then will notify their alternate.
® Members will notify the council chair if both the member and his/her alternate will be
unable to attend a council meeting.
If the member and his/her alternate are unable to attend a meeting, the member may
provide written comments or ask another member or the Chair to represent his/her position z ,
on a particular issue.
j ® Members will notify the council if he/she must vacate his/her position. `
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Behavior E
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® Members will treat each other with respect, will not monopolize meeting time, and will E
listen to and try to understand one another views. Members are discouraged from placing
blame for past practices.
® Members will search for opportunities to develop group solutions and to resolve conflicts.
® Members will strive to adhere to the ground rules and will be responsible for their
j enforcement.
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Terms of Offrce
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® The terra of the chair(s) will be for one year. Following the year, the council may elect to
re-appoint the chair(s) for another term or select a new chair(s).
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Public Information and Media Contacts
® Public information and media contacts will be coordinated through the Chair of the
Council.
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Attachment (B)
Tualatin Wi7er Watershed
GauncH Members
Agriculture Community Technical Assistance
Soil and Water Conservation District (1) State Government
Tualatin Malley Irrigation District (1) Federal Government i
Farm Bureau (1) Research/Technical i
_ j Nursery Industry (1) Organizations
Others
Business Industry Community
Business/Industries (1)
Home Builders/ Development (1)
Chambers of Commerce
Chamber of Commerce (1)
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Education Community t
- .i Education Systems (1)
Environmental Community
Environmental Groups (1)
i Forestry Community
Products Industry (1)
Forest Landowners (1)
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Citizens Community {
Citizen Participation Organization (1)
Neighborhood Participating Organization (1)
Citizen At Large (1) !
Local Governments
Cities (1)
Counties (1)
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' Urban Community
Water Districts (1)
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Sewer Districts (1)
Parks/ Recreation Districts (1)
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i Attachment (C)
TUALATIN RIVER WATERSHED COUNCIL
LIST OF POTENTIAL PROJECTS i
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1) Develop an action plan for the Council.
2) Pursue recognition from Oregon's Strategic Water Management Group
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3) Compile and construct an information database on information, data, and activities
occurring in the watershed.
4) Sponsor a "Status of the Tualatin River Watershed" conference to initiate interest and
information sharing about the watershed and the Council.
t 5) Sponsor/coordinate erosion control classes.
6) Sponsor display at County fairs.
7) Acquire more river access for, water-based recreation activities.
3) Compile list of activities within the watershed that influence the water quantity and
quality.
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9) Promote "Stream Friendly" development project to demonstrate compatibility of land use
and water.
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10) Advocate positions on various water management issues.
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AGENDA ITEM # ^•5
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For Agenda of Wam
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMIARV
ISSUE/AGENDA TITLE Ri o Neer o,1W&t for t3te Tigard uni ci oal Code
6
PREPARED BY: C Wheatley DEPT HEAD OK ~ ^ - CITY ADMIN-OK
~ I~SUg; $~'FORE TgPE COUPdCIL ~
' Review and approve the new format for the Tigard Municipal Code and replace
the code pages for current code holders after July 1, 1995.
STAFF RECOVM-NDA-TION
.b
Approve the new TMC format and adapt the attached resolution. New code books ~
will be available after July 1, 1995. Current code holders to receive a copy.
1 of the new format at no charge; new code holders to receive a copy at a
charge of $75 for each boob (Title 1-18). (Resolution No. 87-159). Title
18, also known as the Community Development Code, will be made available to
new requests at a charge of $50 for each set.
4
INFO TION SUP Y
E
Staff has completed converting the Tigard Municipal Code (TMC) to
"CodeMaster" software. This new format is illustrated in the attached copy
of TMC Chapter 2, Section 2.46 (both old and new formats are attached.)
The new software will be made available for staff after July 1. This f
j software can also be made available to the public at selected computer
terminals in the Library. Once connected, computer users will be able to do
word searches and obtain print-outs of sections of the code. Another
advantage will be that the Code will be updated in-house and, if viewed from
a computer terminal, you would be assured that you were looking at an up-to-
date dopy of the code.
I
A backs-up disk containing a copy of the code will be sent to Book Publishing
Company (BPC). We purchased this software from Book Publishing Company. In
' fact, BPC has done our codification since 1972. (Note: Staff has been
updating Title 18 in-house for the past several years in WordPerfect.) Book
Publishing will maintain the index for the hard-copy editions of the code.
E
i The City Recorder and Senior Information Processing Technician will be the
only two staff members who will be able to manipulate the software to make
changes in the code. Others will be able to copy portions of the code into
their word processing directories and make changes. Once approved by
j Council,, the changes to the master copy of the code will be made (updated) by
the Senior Information Processing Technician. Book Publishing Company could
:-,also be asked to resume producing our updates it we decided that would be the
i -_!best direction to follow at a later date.
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FISQAL NOTES
Most of the costs will be (and have been) borne in-house by using staff to
1 codify ordinances. outside costs were for $500 expended for software support r
from BPC until staff is proficient in using the software plus $22.50 per page
for indexing. Estimate: 20 pages for indexing over the next year (depending
on the number and complexity of ordinances adopted during the fiscal year).
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TIGARD MUNICIPAL CODE, t
2.46.010
Chapter 2.46. LOCAL CONTRACT REVIEW (4) "Public improvement" means projects for
BOARD construction, reconstruction or major renovation
on real property by or for a public agency.
2.46.010 Policy. "Public improvement" does not include
i 2.46.020 Definitions. emergency work in order to preserve a public
2.46.030 Board--Authority of clay councll improvement. (Ord. 85-05 §3,1985).
1 2.46.040 Board-Organization.
2.46.050 Board--Meetings, notice and agenda. 2.46.030 Board-Authority of city council.
2.46.060 Board-Attendance and voting.
2.46.070 Board-Exercise of power. (a) The city council is the local contract
2.46.080 Board-Records. review board.
2.46.090 Contract approval
2.46.100 Administrative authority to obligate (b) The board has all of the powers that the
city. public contract review board exercises in the
2.46.110 Petty cash. state at large.
2.46.120 Limitations on administrative
authority. (c) The board shall adopt rules governing
2.46.130 Duties of the administrator. the awarding of public contracts. (Ord. 85-05 §4,
2.46.140 Duties of the finance director. 1985).
2.46.150 Duties of the purchasing agent. r
2.46.160 Purchases from city employees. 2.46.040 Board--Organization.
2.46010 Policy. (a) The mayor shall act as the chairperson of
the board. The president of council shall act as
All public contracts shall be based upon the vice-chairperson.
competitive bids except as expressly provided by
state law, this chapter or the rules adopted by (b) The chairperson shall preside over the
{ the local contract review board. (Ord. 85-05 §2, meetings, and in the absence of the chairperson,
1985). or in the event a vacancy occurs, the line of
succession shall be the same as the line of
2.46.020 Definitions. succession which applies to the council. (Ord.
85-05 §5, 1985). G
As used in this chapter, unless the context
{ requires otherwise: 2.46.050 Board-Meetings, notice and
agenda.
(1) "Board" means the city of Tigard, local
contract review board. (a) Meetings to the board may a scheduled
at any time including either before or after a
(2) "Personal services" means a contract for regularly scheduled council meeting.
services performed by an independent contractor
in a professional capacity. (b) Meetings shall be tailed in the same
manner as a council meeting.
(3) 'Public contract" means any purchase,
lease or sale by the city of peisonal property, (c) Notice of the meeting shall be given as
9 public improvements or services other than provided by state law.
i agreements which are for personal services,
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2-25 Reformatted 1994
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TIGARD MUNICIPAL CODE ~ E
2.46.050 a
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(d) The agenda shall be prepared by the 1.46.100 Administrative authority to
purchasing agent. (Ord. 85-05 §6,1985). oblizate city. ~
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2.46.060 Board-Attendance and voting. (a) The administrator shall have the t
authority to obligate the city without specific
(a) Attendance of at least three board council approval provided the obligation is part
members is required in order for the board to of an adopted budget, the rules adopted by the
take any action. board are satisfied by written findings and a f
record is made of the transaction which shows f
1 (b) Actions exercising the rule-making the rules have been satisfied as follows:
{
authority of the board shall require a majority
vote of the board members present and voting. The administrator may enter into a public
contract or personal services contract which does 4
(c) Actions exercising the administrative or not exceed fifteen thousand dollars and complies
quasijudicial authority of the board shall require with Section 2.46.120. k
a majority vote of the board members present p
and voting. (Ord. 85-05 §7, 1985). (b) The finance director shall have the
authority to obligate the city without prior
2.46.070 Board-Exercise of Mower. specific council approval provided the obligation
? is part of an adopted budget, the rules adopted
(a) The board shall exercise its rule-making by the board are satisfied by written findings, _
power in the same manner that it exercises its and a record is made of the transaction which f^
legislative power. shows the rules have been satisfied and the
obligation is for a public contract or personal
i (b) The board shall exercise its adjudicative services contract which does not exceed fifteen
power in the manner provided by state law. thousand dollars and complies with Section
(Ord. 85-05 §8, 1985). 2.46.120.
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2.46080 Board-Records. (c) The purchasing agent shall have the
authority to obligate the city without prior
(a) The purchasing agent or designee shall specified council approval provided the
be present at all meetings and shall provide for obligation is part of an adopted budget, the rules
the recordation of all meetings and shall adopted by the board are satisfied and a record G
maintain minutes of all meetings as required by is made of the transaction and the obligation is r
law. for a public contract which does not exceed one
thousand dollars and complies with Section
(b) The purchasing agent or designee shall 2.46.120. (C*rd. 85-05 §11, 1985).
maintain the records and prepare findings and
reports as required by the board and the rules 2.46.110 Petty cash. i.
adopted by the board. (Ord. 85-05 §9, 1985).
(a) A petty cash custodian shall be
2.46.090 Contract ayorova1. appointed by the finance director, and the
director shall establish guidelines and
The council shall approve all public contracts procedures for the expenditure and accounting
and personal services contracts except as for petty cash funds.
otherwise provided by Section 2.46.100. (Ord.
85-05 §10, 1985).
2-26 Reformatted 1994
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TIGARD MUNICIPAL CODE
2.46.110 Y
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(b) The petty cash custodian has the amendments to the manual to the board. (Ord.
i authority to approve purchases using petty cash 95-05 §14, 1985).
1 k
+ provided:
3 2.45.140 Duties of the finance director.
(1) The purchase is for an incidental
expenditure; (a) The director shall establish, maintain and
amend as necessary, accounting procedures
(2) The purchase does not exceed which set forth appropriate controls to
! twenty-five dollars; and implement the authority contained in this
(3) The purchase complies with Section chapter and which comply with generally
2.46.120. (Ord. 85-05 §12, 1985). accepted accounting principles.
2.46.120 Limitations on_adm_in_ administrative (b) The director shall provide general
authority. supervision of the purchasing agent. (Ord. 85-05
§15, 1985). t
i The delegated authority to obligate the city
3 is subject to the following limitations: 2.46.150 Duties of the ourchagn went.
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(1) The expenditure is for a single complete The duties of the purchasing agent are as
item contract; and established by the manual prepared by the '
administrator and adopted by the board by
(2) The item or contract is not a component resolution, and the accounting procedures
of a project, except in the case of a project which established by the finance director. (Ord. 85-05
{ - involves a personal services contract and a §16,1985).
public contract. In this situation, the personal
services contract portion shall be considered a 2.46.160 Purchases from city employees.
single complete project and the public contract r
portion shall be considered a single complete (a) The purchase of any supplies, materials,
project. (Ord. 8.3--05 §13, 1985). equipment, labor or services, including personal,
i professional, technical and expert services from
2.46.130 Duties of the administrator. any city employee, or any business with which
a city employee is associated is subject to prior
(a) The administrator or designee shall written approval by the administrator and
j establish and maintain a centralized system for approval shall be based upon findings that:
+ the purchase, contract and sale of property and
services. (1) The purchase will be at the least cost
to the city;
(b) The administrator or designee shall
prepare a manual which sets forth the (2) The purchase will result in the most
procedures and forms to be used in the award of efficient method to accomplish the city's
public contracts, personal service contracts, purpose; F
construction contracts and the sale of property 1
for adoption by the board by resolution. (3) The purchase could not lead to any
alleged violations of the personnel rules;
(c) The admimstrator or designee shall
implement the procedures set forth in the (4) The approval of the purchase could
manual and, as necessary, shall recommend not lead to an adverse employer-employee E'
2-27 Reformatted 1994
j
TIGARD MUNICIPAL CODE
2.46.160
relationship should the contract be
3 unsatisfactorily performed; and E
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(5) All rules adapted by the board have
been satisfied. E
(b) For purposes of this section, "any
business with which a city employee is
i associated" means any business of which the
employee is a director, officer, owner or
j employee, or any business association in which
the employee owns or has owned more than ten
1 percent of the business within the preceding
i calendar year. (Ord. 85-05 §17,1985).
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2-28 Reformatted 1994
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- 2.46.010--2.46.030
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LOCAL CONTRACT REVIEW BOARD f
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j Sections:
2.46.010 Policy. E
2.46.020 Definitions,
2.46.030 Board--Authority of city council, f'.
i 2.46.040 Board--Organization.
2.46.050 Board--Meetings, notice and agenda.
2.46.060 Board--Attendance and voting.
2.46.070 Board--Exercise of power. f
2,46.080 Records. t`
2.46.090 Contract approval.
( 2.46.100 Administrative authority to obligate city. j
2.46.110 Pettv cash.
a 2.46.120 Limitations on administrative authority, r;
2.46.130 Duties of the administator. <
j 2.46.140 Duties of the finance director.
c 2.46.150 Duties of the purchasing agent.`
2.46.160 Purchases from city employees.
2.46_.010 Policy., All public contracts shall be based
upon competitive bids except as expressly provided by state I
law, this chapter or the rules adopted by the local contract r
- review board. (Ord. 85-05 §2, 1985).
i
2.46.020 Definitions. As used in this chapter, unless i
the context requires otherwise: F ?
y (1) "Board" means the city of Tigard, local contract
review board.
(2) "Personal services" means a contract for services
performed by an independent contractor in a professional
capacity.
(3) "Public contract" means any purchase, lease or [
sale by the city of personal property, public improvements
or services other than agreements which are for personal
services.
(4) "Public improvement" means projects for construc-
tion, reconstuction or major renovation on real property by
or for a public agency. "Public improvement" does not in-
clude emergency work in order to preserve a public improve-
ment. (Ord. 85-05 53, 1985).
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2.46.030 Board--Authority of city council. (a) The
1 city council is the local contract review board.
(b) The board has all of the powers that the public
1 contract review board exercises in the state at large.
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3,0 (Tigard 9/85)
2.46.040--2.46.090
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1 (c) The board shall adopt rules governing the awarding
of public contracts. (Ord. 85-05 §4, 1985).
-1 2.46.040 Board--Organization. (a) The mayor shall
act as the chairperson of the board. The president of coup-
cil shall act as the vice-chairperson,
(b) The chairperson shall preside over the meetings,,
+ and in the absence of the chairperson, or in the event a
vacancy occurs, the line of succession shall be the same as
~3 the line of succession which applies to the council. (Ord.
85-05 55, 1985),
I
2.46.050 Board--Meetings, notice and agenda. (a) F
Meetings of the board may be scheduled at any time including
either before or after a regularly scheduled council meeting.
(b) Meetings shall be called in the same manner as a
i council meeting.
(c) Notice of the meeting shall be given as provided F _
by state law.
I (d) The agenda shall be prepared by the purchasing
agent. (Ord. 85-05 §6, 1985). u
2.46.060 Board--Attendance and voting. (a) Atten-
dance of at least three board members is required in order
for the board to take any action.
(b) Actions exercising the rule-making authority of `
the board shall require a majority vote of the board members
present and voting. E
(c) Actions exercising the administrative or quasijudi-
cial authority of the board shall require a majority vote
of the board members present and voting. (Ord. 85-05 X57,
1985).
2.46.070 Board--Exercise of power. (a) The board
shall exercise its rule-making power in the same manner that
it exercises its legislative power.
l (b) The board shall exercise its adjudicative power in
the manner provided by state law. (Ord. 85-05 §8, 1985).
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2.46.080 Board--Records. (a) The purchasing agent or
designee shall be present at all meetings and shall provide
for the recordation of all meetings and shall maintain min- i
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utes of all meetings as required by law.
(b) The purchasing agent or designee shall maintain
the records and prepare findings and reports as required by
the board and the rules adopted by the board. (Ord. 85-05
§9, 1985).
_ 2.46.090 Contract approval. The council shall approve
all public contracts and personal services contracts except
as otherwise: provided by Section 2.46.100. (Ord. 85-05 510,
1985).
31 (Tigard 9/85)
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2,46.100--2.46.120 r:
1 ..46.100 Administrative authority to obligate city.
(a) The administrator shall have the authority to obligate
the city without specific council approval provided the P
obligation is part of an adopted budget, the rules adopted
by the board are satisfied by written findings and a record is made of the transaction which shows the rules have been
satisfied as follows: F
The administrator may enter into a
y public contract or ~
personal services contract which does not exceed fifteen
- thousand dollars and complies with Section 2.46.120. k
(b) The finance director shall have the authority to
obligate the city without prior specific council approval
provided the obligation is part of an adopted budget, the
rules adopted by the board are satisfied by written find-
ings, and a record is made of the transaction which shows
the rules have been satisfied and the obligation is for a
,i public contract or personal services contract which does not
exceed fifteen thousand dollars and complies with Section
2.46.120.
(c) The purchasing agent shall have the authority to
obligate the city without prior specified council approval
provided the obligation is part of an adopted budget, the
rules adopted by the board are satisfied and a record is f
made of the transaction and the obligation is for a public
contract which does not exceed one thousand dollars and '
complies with Section 2.46.120. (Ord. 85-05 511, 1985).
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2.46.110 Petty cash. (a) A
petty cash custodian
shall be appointed by the finance director, and the director
shall establish guidelines and procedures for the expend-
iture and accounting for petty cash funds.
(b) The petty cash custodian has the authority to
approve purchases using petty cash provided:
(1) The purchase is for an incidental expenditure;
(2) The purchase does not exceed twenty-five
dollars; and f
(3) The purchase complies with Section 2.46.120.
(Ord. 85-05 912, 1985).
2.46.120 Limitations on administrative authoritv. The
delegated authority to obligate the city is subject to the
following limitations:
(1) The expenditure is for a single complete item
contract; and
(2) The item or contract is not a component of a proj-
ect, except in the case of a project which involves a person-
al services contract and a public contract. In this situa-
tion, the personal services contract portion shall be consid-
ered a single complete project and the public contract por-
tion shall be considered a single complete project. (Ord.
85-05 §13, 1985) . f"
32 (Tigard 9/85)
`i 2.-46.130--2.46.160
2.46.130 Duties of the administrator. (a) The i
administrator or designee shall establish and maintain a €
centralized system for the purchase, contract and sale of
-j property and services.
(b) The administrator or designee shall prepare a
manual which sets forth the procedures and forms to be used
in the award of public contracts, personal service con-
tracts, construction contracts and the sale of property for
adoption by the board by resolution.
(c) The administrator or designee shall implement the -
procedures set forth in the manual and, as necessary, shall
recommend amendments to the manual to the board. (Ord.
85-05 §14, 1985). k
2.46.140 Duties of the finance director. (a) The
director shall establish, maintain and amend as necessary,
accounting procedures which set forth appropriate controls
to implement the authority contained in this chapter and E
which comply with generally accepted accounting principles.
(b) The director shall provide general supervision of
the purchasing agent. (Ord. 85-05 §15, 1985).
2.46.150 Duties of the purchasing agent. The duties
of the purchasing agent are as established by the manual
'a prepared by the administrator and adopted by the board by
resolution, and the accounting procedures established by the
j finance director. (Ord, 85-05 §16, 1985). ,
3 2.46,160 Purchases from city employees. (a) The pur-
chase of any supplies, materials, equipment, labor or serv-
ices, including personal, professional, technical and expert 1
services from any city employee, or any business with which
a city employee is associated is subject to prior written
approval by the administrator and approval shall be based
upon findings that:
(1) The purchase will be at the least cost to the
city;
(2) The purchase will result in the most efficient
method to accomplish the city's purpose;
(3) The purchase could not lead to any alleged
violations of the personnel rules;
(4) The approval of the purchase could not lead to an
adverse employer-employee relationship should' the contract
be unsatisfactorily performed; and
(5) All rules adopted by the board have been I
-'I satisfied.
-'a (b) For purposes of this section, "any business with
which a city employee is associated" means any business of
which the employee is a director, officer, owner or em-
ployee, or any business association in which the employee
owns or has owned more than ten percent of the business r
within the preceding calendar year. (Ord. 85-05 §I.7, 1985).
33 (Tigard 9/35)
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`a AGENDA ITEM #
For Agenda of Mav 23, 1995
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Awarding Audit Contract for three vear term _
a PREPARED BY: DEPT HEAD OK Wa ne t ITY DMIN OK
Shall the City Council award a contract to Coopers and Lybrand for audit l
services for the three year period beginning 1994/95.
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STAFF RFCOMA1DATION
Staff recommends that Council award the contract to Coopers and Lybrand and f
authorize the Finance Director to sign the contract.
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INFORMATION SUMMARY
The City sought proposals from qualified Auditing firms to perform the
"j required audits of the City for the next three years. We received the
following proposals:.
Grove Dueller Hall & Swank $22,400
i Grant Thornton $23,750
3 Yem_°gen & Meyer $25,500
Pauly Rogers $22,430
Coopers & Lybrand $23,650
Talbot Korvola & Warwick $18,000
Nixon Abbey $15,845
A panel consisting of muyself, diary Gruss, Finance Manager Hillsboro, and
Councilor Paul gaunt, reviewed the qualifications and experience of the firms
submitting proposals. The field was narrowed to three finalist which
included Grant Thornton, Coopers & Lybrand, and Talbot Korvola & Warwick.
These three were interviewed by the panel. After consideration of
information obtained in the process, the panel selected Coopers & Lybrand as
the firm best suiting the needs of the City for the next three years.
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OTHM ALTERNATIVES CONSIDERED
Select second choice - Grant Thornton.
FISCAL MOTES
The Coopers & Lybrand proposal represents a $4,510 reduction in audit fees
from last year to this year. The proposed budget includes $28,000 for audit I
services for 1995/96.
i HALOGINWAYNEVUDIY.p6D
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z AGENDA ITEM ~
f ? For Agenda of -
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CITY OF TIGARD, OREGON F
COUNCIL AGENDA ITEM SL MARY ISSUE/AGENDA TITLE Consider Ordinance Izoyemi in C tmIrz Current In ti~v k'.
a armed Referendum Proae s adopting
St atg a~ and Providing i'or arm & sal
fro ess
" PREPARED BY: C _ U3YLe 1, ~ay DEPT AHEAD OX CITY ADMIM Ora _ - t
YSSCTPE
BEFORE THE CO Crr
Should the City Council adopt this attached ordinance repealing the City's
current initiative and referendum process, adopting state lace and providing
for an appeal process.
STAFF RECOMMENDATION
Adopt the attached ordinance.
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s The City Council, on May 9, 1995, received a packet of information outlining ~..i
3 - the issues with current ordinance language with the initiative and referendum
process. The attached ordinance, prepared in the City Attorney's office,
reflects council direction at the May 9. That direction was understood to
be:
Repeal the City's current initiative and referendum process,
Adopt state lava, and
® Provide that appeals be heard by the City Council rather than
Circuit Court in the endeavor to be leas cumbersome and costly to
Tigard residents who wish to object a measure filed through the
initiative or referendum process.
EISCAL NOTES
Initiative and Referendum costs are borne by the City. This includes
attorney review of ballot title, staff time in the City Recorder's office, f
and the cost of the election.
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I AGENDA ITEM # I - ~4 C E_= IV D q For Agenda of / L-1
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SU14MARY
i
j ISSUE/AGENDA TITLE Resolution t C't o Tiaard Establishing e
'9?,ase3 Retirement Plan and i st to Provide for Mandatory tpjoyee
j PREPARED BY: Sandy Zodxow DEPT HEAD OK k M CITY A MIN OK ISSUE BEFORE THE COUNCIL
Following Council's action on this matter last week, should the Council adopt
a resolution establishing the Money Purchase Retirement Plan and Trust to
accomodate mandatory employee contributions for retirement purposes.
- - = I
STAFF RECOMMENDATION
Approve the Resolution establishing this plan and trust C
INFORMATION SUMNARY
\J'%ast week Council gave approval to proceed with implementing an additional
retirement plan to provide for the mandatory employee contributions, pee-talc,
of 6%, required by the passage of Measure 8. This action that we are now
requesting from Council formally adopts the specific resolution required by
the ICMA Retirement Corporation to implement the details of the plan and
trust.
OTHER ALTERNATIVES :ONSIDERED s
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CPICr4y• over.
stn, 511~(el!~
AGENDA ITEM # A rv O A
For Agenda of Mav 23.1995
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUEIAGENDA TITLE SOLID WASTE RATE ADJUS IPA NT RESOLUTION
PREPARED BY: W. Lowry & L. Mills DEFT MEAD OK CITY ADMIN OI{
ISSUE BEFORE THE COUNCIL
Consider a solid waste rate adjustment and the addition of #1 through #7 plastic bottle recycling at residential curbside based
on existing Council policies.
STAFF RECOMMENDATION - Y
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1 Council motion to adopt resolution which will: adjust solid waste rates (7/1/95) in keeping with existing Council rate adjustment
policy, approve implementation of #1 -#7 plastic necked bottle recycling program for residential customers effective 7/1/95, and
j note Council's intention to allocate a City contribution of $15,000 to support the haulers' recycling programs in the 1995.96
fiscal year budget.
INFORMA T ION SUMMARY
:,On 4/25/95, the Tigard City Council requested staff schedule a public hearing for May 16,1995 to consider a solid waste rate
1 increase. This was the result of the 1994 haulers' aggregate financial reports showing a 7.62% rate of return. City Council's
existing policy allows an 8% to 12% rate of return in the aggregate. Further, the policy states that if the rate of return falls
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i below 8% or exceeds 120/6, the rates should be adjusted to achieve a 10% rate of return.
The City is also reviewing when to expand the residential plastic recycling program from milk jugs to collecting all #1 through
#7 plastic bottles with necks. A plastic market for this material is now open in Salem. Other jurisdictions in our area will be i
adding this program sometime between 7/1195 and 911195. Another existing Council policy states that "future service
enhancements should be reviewed prior to implementation after the haulers demonstrate what affect the increase service will
have on the business" to determine whether a rate adjustment is necessary before adding the service. Mr. Tom Miller, owner I
of Miller's Sanitary Service, commented at the 4/25 Council meeting that if Council would adjust the rate of return to 10%, he
didn't believe an adjustment for the enhanced plastic program would be necessary.
1 At the 4/25/95 Council meeting, Council's direction to staff was to develop rate adjustment alternatives that would:
• achieve a 10% rate of return for the haulers (in the aggregate); and
j not change the commercial subsidy of the residential rate structure.
At the 5/16/95 Council hearing to consider a rate adjustment, there was one proponent and one opponent who appeared f
before the Council to speak during the public hearing. At the conclusion of public testimony, and after lengthy consideration,
l the Tigard City Councilrequested staff prepare the appropriate documentation to adjust rates in the following manner to
achieve tie 10% rate of return for the haulers in the aggregate:
• Increase drop box 6.1 % to make the service line a more "cost-of-service" charge and reduce the commercial subsidy
of the drop box service line; I
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a Increase commercial and residential service lines after reducing the amount of increase by the $15,000 contribution
the City will be making to haulers to support their recycling programs. The rate increase will then be calculated on
residential paying 60% of the increase since that program is still subsidized by the commercial rates and commercial
service line paying 40''1 of the increase; and !
• Authorize the $15,000 City contribution to the recycling programs without modifying the franchise ordinance. ; -
Council also doted that they would be revisiting the rate setting policy in the near future.
- Also, attached for Council information is a copy of two articles printed in The Oregonian on 5/17 and 5/16 dealing with solid
waste rates.
OTHER ALTERNATIVES CONSIDERED
Various alternatives were considered during the 5/16/95 Council public hearing. i
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FISCAL NOTES
3 Under the proposal, a 10% rate of return is achieved for the haulers in the aggregate. The City would continue to receive
a 3% franchise fee on the haulers' revenue. The estimated revenue from franchise fees would increase about $5,000 in the
1995-96 fiscal year.
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THE OREGONIAN, WEDNESDAY, MAY 17,1995_
. _
110.1
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.ttiY POWEU
a`High return: local haulers? One ptausiblei s
V"
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r^ 4 r reason is that,a government's franchise. fee
s The~Oregoaian recently noted, on garbage. collection; typically between
i e Portland-area residents pay more percent and percent of gross revenues; is as 3
for garbage- co?Hec`~i®n than most a~ ; nice piece}, of change for a city 0; county that
' other west Coast homeowners. { ' Y4 iststruggitrig; to make ends meet Reduced
mtdnly one reason is the relatively: high: garbage <aol_ Vtion rates produce sass{ gov
z og:.dlsposal . i the,'M,etro :region (a1•, 3 ernment revenue...... rn ..k i
i ` Seattle has lower rates and nearly
N Should ,homeowners itt other cemmu
same dispoval fee): Recent research : r t 'nines be corsce abou : the cost off,
ows that another critical cost element - 4 .-garbage rollectibn? The dirtcatfomeys in `
j uler salary and profit - is a. key reason Clackamas, -Marion and Washington coon-
Oregonians "pay so dearly to have gar- ' `-•tiee refused
my attempts to acquire similar
image collecteddata from loin communities. They said that
Me city of ]?ortlaa9d, bas the-opportunity ' "such data were " proprietary" or that "the
AS eve6k to look carefuily at all the cast fac, y ' dicta are not a public record." And some gov
In.ieslsoaise to recext robust pricesfot s • ernments, such as Washhigtgn County,
;~elable d tlse'dsi i ngivolumdoff gar: ,that they don't even know how much ;j
clue to increased recycling and cores- money a specific hauler makes, as.: they
the' city staff recommends that the don't even ask for such information.'
rail •epand thresidential=" recycling .Several recommendations cam he general
to handle aliplastic bottles and roil r e+i"horn: this research" project The-Po rtlan
d
' elk the aveiage ftiichised garbage copse- : - Clty Council-.should approye'an interim rat®
j n bill by 40 cents per month. In terms. of s so .residents luuow fiiaw much to-pay come
solid waste program's revenue picture, 'July 1. The council should also instruct staff.
1
` is an appropriate action members to ' come back with a complete I
o over;.the City Coancil•isn'tlooking at # analysis of W.ary:and-Profit levels for 1993
other critical issue in-coritegnporary far. wnsairaroN and lw9 so.that residents and t]ie:coua~cild
coIlectibn rate setting Are salaries and L ; " ` r +-s, " can know If we are being charged a fiiir rate
of wrasto:haulers reasonable;? hauler salary and net,p L •Many proprie- , , Given the analySS$resented herd;, d
LTrider, ®reg®n's public records law Ire brs of osre "and two truck ; hauling. firms serve to be••cut
:quested the raw data firom Portland ofllcrals' make`niore than $1~, 8 `yearly (this doesn t ,=Rut this :nae - action won't help the
i s.t, t.mighf help answertliis cluestian :After r take':_irito acCoYaat:that the spouse,0 many. ,sourer communities- where,we know no#hnig
:being foams- by city o~ofals. p, petition . haulers also receives a salary $om the boar about, hauler benefits'' CDaae :dray tQ° in the
:I tultnomali Coin " I)3strlct `Pi rney lei- nes.). confidenceof ratepayers is:to ma1:e the data h
ohael Schrlnk for thd'yeles5e bf the d<1fa,' l Man}+ firnnsmake.morc. One partnership 3:8om _franchid'=hauiers 'avaiIable'.:to the.
'rived amore than. IOW pages of hauler, fr1- ' ffor example; had, a combined salary of public ..just as .tie filings of phone..compa_
from 1393.' .pr .
J inga $245,3'1f About 55 percent 'of the operation Hies; "natural;. gas oducers and electrical . ?
The data are conclusive: Fa attcliioed.aastd " irivolv¢xli 8rancltised gam' 8couzita ,and utilities are available from the state utilities
ing is a low-risk, well-paid job. The.pro- . servicipg:these homes generated a pztirilt of commissioner
ion. is loin risk,bause haulers awn: a ~28569"d Thus - the twa {psuhiers serried ` .a If your 2 goYernment says..the waste'
i ne entgrarited`~imanopo4q .With jnnt nioaie- than' 6 amoretaieafrom girt/ Ji collection.-rates axe.,fair,ansl cost-effective,
- petitiots; the hauler avoids certain cgsts;, r„ ing 4,542 households: Sala#eg and.Profi#a_ av + ,.y+hat's #o t *ftOrn=releasing the 03aOS to
Ch a5 adverti3ing and marketing siege per household per yeas, these Oi ua who pay the garbage bifl? Stat€i:
.`rAnd'the data show clearly that 'a waste' These partners are not.alone'aEthis earl Ieglslai n'' be needed to make_ 3osne
_ck§$tection franchise is a very valuable asset: fled, income level. The typical one•, or two-
. governmeittsn up the b?ok9 to'atopay .
'-"-those firms fully completing the city's rL-, truck franchised :hauling operation era
forms` (nearly one-third of the filings generates salaries and net prsoflhequal to the
Incomplete, for which,tlie city took aaosalaries cfj#i or$t+xee'scl~l teache~s`•or' "ry"erry~
w 3 >p forest! fs editor fri raQJ`a b
that"the a
~Q~1), we learn
typical Portland pmH i, ofrlcers: nkgail :.Resoura OIle, ccl.rx P Bar
i >h nreocviior pays more than X10 per year in;.,' • Why do local governments authorize such': > 105411, Portlorrr197210
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THE OREGONIAN THLTRSI3AY MAY 18" 1995
T lie Increase, vdhlcPr;~liI'l include Weekly +'gate profit margui'to the 8 percent 16 12 -0r-.:-,- services be available to all sin gle family resi. a 32g311on can 6f garbage anti a weekly pick-
recyelables and yard debris pickup, k9iII cent range, an eight-year-old informal city :,`,dents'., This mandated cost` is spread over, a,.-up,ofrecycled materials thatwm expand to in-
- . council policy deemed desirable to assurereb large,customer base,'thus Holding the per unit ;a clods seven, types of plastics and, biweekly
go Into effect JuI 1 r ;able' efficient servicefor Tigard residents and t ,'cost of service down 1 'yard debris collection
business owners r ! _ s ration
The.council 'also voted for the city to forgo a
By HARRY BODINE Phi ale did not iinpress:Coolman Ii
of The Oregonian staff The council conducted a public hearing be " 'don't see why we should pay for something we; . $15,400 increase; in. revenue it normally would ,
ffore" it' I discussed, increasing garbage rates don't use," she said. i > receive from :the Haulers. by: boosting their E
j TIGARD - Starting July 1, the typical Ti: Only one resident, 'Enola; _Coolman' steppedi' Council members .,detiated how much shoulily rates and profit margms.:
gard homeowner will. Pay. 65 cents more per forward, not to challenge higher rates but to be. added to residential customer bills to offset. In effect, this taps citizens•twice -once for '
month for weekly pickup of garbage and re complain about, being charged for yard 'recy _ y e subsidy that residents now; receive from •gubage service, once for the city and that's
cyclables and biweekly collection of yard' de • cling service she does not use: -:businesses, which: currently, pay.-more, than,., Kbt fair noted counerl member;Bob Rohlf
mari{PaHunts suggestion, the r
bris. Coolman explained'that he> household re ,;`their'share of the haulers' overall`operating~y ~,On Council uI
The increase for residential customers, cycles its own grass -clippings•and other yard costs., council agreed to review"the 1987:"policy that
linked with an increase in drop-box and com. materials. "we shoul'a have anexception from On a 3-1 vote, the council'opted for'increas causes,Tigard to adjust garbagesates upward
mercial garbage service .rate's, will give .Ti- that fee," Coolman said '`r rn?5 ing commercial 'rates 1.7 percent; :drop box when -tbe haulersr aggregate profit falls below
Bard's four franchised solid waste haulers a Tigard's rates,,al`ong with those"in.'other ;service 6.1 percent;and residential' rates 4 per & percent
boost in income totaling $174,440 per year. • _ Portland-area : coinniumhes area based on a : ;cent this means"the single faintly Homeowner, f The issue-i will be addressed r; in coming k
This, in turn, will restore the haulers',aggre state requirement that curbside recycling .will pay, $17.15, per, month for weekly_pickup of;' riionths Mayor Jim Micah said, ;
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MAY-22-1995 09:54 FR("1 FEAVERTON MAYOR'S OFFICE TO 96847297 P.01
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`FOB'S OFFICE t
C1 OF HEA R'T'®N
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P. 0. BOX 4755
EAVERT ,CSR 97076
Fax: (503) 526-2571
P TRANSMITTAL FO
i 'lease deliver the following pages: E
t ''ssttyy""
TO: YUVIP~fI U)' PAX Nth.
COQ PHONE NO.
DATE: a~ -,mm: 'IOTA. PAGES
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FROM: F
PHONE NO.!o` l
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COUMNTS:
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MAY-22-1995 09.54 FROM BEAVERTON MAYOR'S OFFICE Its 96847297 F.02
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S8btt0the to
~ r --,..•,~€~~~so~ bill goes to ihe #-itotase floor next Tuesday. The bill is I`
intended provide monetary compensation if the mgulation of certain a (srenFc arm,
natural areas; open spy; wildlif areas; wetlands, wilderness areas and outdoor recreation s
areas) reduces the value of an owner's pro by more than 10% or 510,x.
The bill requires tiat the state must pay co cation to an owner if state re gulaf(on of these
u top local 1 ition of a ate requirement) results In reduced property value, if a
} ! ggoverr3 ent chooses to relate wiftut written state approval, the local goverrimem
must y h sation.
j E
"j Aspects of the bill are seriously flawed[ Not only is the language in the bill wrmbiguous, it is
impossible to determine how much this ball might cast state and local govern The only
=1eme at we con make for snare is that if fts bill paswm, ally gomnments will spend
j enormous time and money in litigation with state government and wigry property owner,
7
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~1•~T V 11 l~ ®►I; ~AA ° ® 0
Tell them:
1) There 6s es~ ~rsct wh d#S and t a u• your community has some Interest
in regulating; agmIcts of then r rues and you reject the argument that passage of SE600 is
okay because you don't have to pay if you don't regulam The indansive publicattan and
Y notification cogs enrich apply to the Waption of MX m--gulation on subg will, by
if , bo burde so to s mil cities.
2) Critical torms are not defined by the bill. This will leave the courts to d ine the actual
rneaning of the Language a insures
and tttt arien s ~itbr
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3) s u r 1 ara Wealthier
j corrimunitae s will be able to mgulate these resources if their citizens wish. Less wealthy
communkle-i will be more coneemed mat the pateratial c*t of litigation and comtsen Lion
pa is and much less likely to ?!t¢ gam„#atl4ns which their citizens wish.
4) S 0 specifically crowes, a maAwt for the Oregon tax credits which the State must provide i
as compansation. is not di ed at "mom and pop" landowner.
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