City Council Packet - 10/14/2003CITY OF TIGARD
OREGON
TIGARD CITY COUNCIL
MEETING
October 14, 2003
COUNCIL MEETING WILL BE TELEVISED
I ofs%Dmla-s%cc 1
13125 SW Hall Blvd., 'flgard, OR 97223 (503) 639-4171 TDD (503) 684-2772
City of Tigard, Oregon
Affidavit of Posting
CITY OF TIGARD
OREGON
In the Matter of the Proposed Ordinance(s)
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, Jj being first duly sworn (or affirmed), by
oath (or affirmation), depose and say:
That I posted in the following public and conspicuous places, a copy of
J • [ % , which were adopted at
Ordinance Number(s)
the City Council meeting of & 3 -,with a copy(s) of said
Ordinance(s) being her attached and by reference made a part hereof, on the
_ day of 1 cl `j , 20 C
1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon
2. Tigard Public Library, 13125 SW Hall Blvd., Tigard, Oregon
3. Tigard Water Building, 8777 SW Burnham, Tigard, Oregon
Signature of Person who Performed osting
Subscribed and sworn (or affirmed) before me this '7 day of
CC_ 20-193-
v Y
OFFICIAL SEAL Signatur of Notary Public for Oregon
JBENGTSON
NOTARY PUBLIC-OREGON
COMMISSION NO.36 086
MY COMMISSION EXPIRES APR. 27, 2007
\\TIG333\USR\DEPTS\ADM\GREER\FORMS\AFFIDAVITS\AFFIDAVIT OF POSTING - ORDINANCE.DOC
CITY OF TIGARD, OREGON
ORDINANCE NO. 03- ( -
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN
ANNEXATION (ZCA) 2003-00002 (COOPERIBOHAN ANNEXATION) AND WITHDRAWING
PROPERTY FROM THE TIGARD WATER DISTRICT, THE WASHINGTON COUNTY
ENHANCED SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY URBAN ROADS
MAINTENANCE DISTRICT, WASHINGTON COUNTY STREET LIGHTING DISTRICT #1,
AND THE WASHINGTON COUNTY VECTOR CONTROL DISTRICT, AND TRANSFERRING
SANITARY SEWER SERVICE FROM CLEAN WATER SERVICES.
WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(B) and 222.170 to initiate an annexation
upon receiving consent in writing from a majority of the electors registered in the territory proposed to be
annexed and written consent from owners of more than half the land in the territory proposed to be
annexed; and
WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties
which currently lie within the boundary of the Tigard Water District, Washington County Enhanced
Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street
Lighting District #1, Clean Water Services for purposes of providing direct sanitary service, and the
Washington County Vector Control District upon completion of the annexation; and
WHEREAS, the Tigard City Council held a public hearing on October 14, 2003 to consider the annexation
of two (2) parcels of land consisting of 1.9 acres and withdrawal of said property from the Tigard Water
District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector
Control District, and transfer of sanitary sewer service from Clean Water Services; and
WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt
obligations, however, in this instance the Water District has no debt for the City to assume, therefore, no
option regarding the assumption of debt needs to be made; and
WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a
public hearing on the issue of the annexation into the City and withdrawal of the annexed property from the
Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District on October 14, 2003; and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from
the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District by Ordinance; and
WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed
to the City zoning most closely conforming to the County zoning; an d
WHEREAS, the current and proposed zoning district is R-7, therefore, no zone change is necessary; and
WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has
been reviewed for compliance with the Tigard Community Development Code and the Comprehensive
Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and
WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined
that withdrawal of the annexed properties from the applicable service districts is in the best interest of the
City of Tigard.
ORDINANCE NO. 03- Qg ZCA2003-00002 Bohan/Cooper Annexation
Page 1 of 2
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: ibit "A" SECTION 1: The Tigard City Council hereby aannexes nd C" and withdraws said parcattached els from thehTigard Watedr
further described in Exhibits B
District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District #1, and the
Washington County Vector Control District.
SECTION 2: This ordinance shall be effective s after its passage by the Council, signature by the
Mayor and posting by the City Recorder.
SECTION 3: The City Recorder is hereby directed to file certified copies of the Ordinance with Metro for
administrative processing.
SECTION 4: Pursuant to ORS 222.120(5), t)Washington effective date withdrawalSheof srPatrol District,
Tigard Water District, the
Washington County Urban Roads Maintenance District, Washington County Street Lighting
District #1, and the Washington County Vector Control District shall be the effective date of
this annexation.
SECTION 5: Pursuant to an agreement between
will be the agency responsible for providing directeffe~c~iuv-ye
date of this ordinance, the City
service to the property or properties that are annexed.
SECTION 6: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the
Tigard Water District shall be July 1, 2004.
SECTION 7: In accordance with ORS 222.180, the annexation shall be effective upon filing with the
Secretary of State.
PASSED: By U a(MMG vote of all Council members present after being read by number and
2003.
title only, this day of
e ity Recorder
APPROVED:
By Tigard City Council this day of 32003.
Aas to form:
0 1 4
Date
ORDINANCE NO.03-.0_
Page 2 of 2
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EXHIBIT-B
ANNEXATION DESCRITPION
FOR 2S104BC, TAX LOT 00600
The legal description as per Dick Love Land Survey:
Lot 10, Handy Acres in the County of Washington and State of Oregon.
EXHIBIT-C
ANNEXATION DESCRITPION
FOR 2S104BC, TAX LOT 01900
A tract of land situated in the Northwest One-quarter of Section 4 Township 2 South,
Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon
described as follows:
Beginning at the Northwest Corner of lot 21 Handy Acres as recorded in Book 10 Page
31 of the Washington County Subdivision records; thence S 00° 42' 58" W, along the
west line of lot 21, a distance of 519.30 feet; thence N 89° 43' 30" E, a distance of
120.00 feet; thence N 00° 42' 58" E a distance of 250.00 feet to the True Point of
Beginning; thence S 89° 43' 30" W a distance of 69.94 feet; thence N 00° 42' 58" E a
distance of 283.22 feet to the southerly right-of-way of SW Fern Street and a point on a
non tangent curve to the right: thence along said curve to the right with a radius of 333.12
feet, a central angle of 12°06' 54" (a chord which bears N 84° 47' 07" E, 70.31 feet) and
a length of 70.44 fect; thence S 00° 42' 58" W, leaving said southerly right of way, a
distance of 289.28 feet to the Point of Beginning.
Containing 20105 square feet or 0.46 acres
Agenda Item No. 1
Meeting of 10-20-03
COUNCIL MINUTES
TIGARD CITY COUNCIL MEETING
October 14, 2003
STUDY SESSION
Council President Dirksen called the meeting to order at 6:30 p.m.
Council Present: Council President Dirksen, Councilors Moore, Sherwood, and Wilson.
City Attorney Review
City Manager introduced this item noting that City Attorney Ramis' firm
(Ramis, Crew, Corrigan and Bachrach) has represented the Council for more
than 20 years. City Attorney Ramis noted his philosophy of prevention; that
is, catch problems early so small issues do not become large ones. He noted
appreciation of the Tigard staff members, who work with the firm to keep legal
costs down by knowing when and how to use legal counsel. He said it was
useful for staff to attempt a first draft on a matter before asking for an
attorney's review. Mr. Ramis referred to the efforts he and his staff has made
to keep legal expenses to a minimum.
Discussion followed on the complexities pertaining to the remaining
undeveloped properties within the City. These land use items will likely be
contentious because these are "difficult" properties to develop and adjacent to
developed areas. Mr. Ramis noted the firm would provide training to Council
members upon request for legal-issue concerns. Councilor Sherwood advised
she may be asking for some information regarding land use issues as it seems as
if recent cases before the Council have been complicated. Council President
Dirksen indicated that he, too, would appreciate some instruction for land use
cases as well.
Consensus of the Council was that the firm was doing a fine job for the City of
Tigard.
ADMINISTRATIVE ITEMS
City Manager reported that the Mayor is doing well. It is anticipated he will be able to
return for the Council meeting of October 28.
City Manager advised of an addition to the Consent agenda: "Item 4.8 - Approve
Amendment to the Personal Services Contract with Ramis, Crew, Corrigan K Bachrach,
LLP
Tigard City Council Meeting Minutes - October 14, 2003 Page 1
City Manager reported that the burned white house on City property has been torn down
by contractor Eagle Elsner.
Council received information regarding Portland General Electric regarding a meeting on
Wednesday, October 15 for a "Future of PGE Round Table."
Review of status of removal of 1 141 Barricade (Bull Mountain) - City Attorney advised
staff to reopen this matter and hold a public hearing. (Recorder's note: Since the
Council meeting, the Planning Commission Hearing date was scheduled for November 17,
2003, 7 p.m.).
City Manager distributed information for Make a Difference Day - Saturday, October 18,
9 a.m. - noon.
- City Manager reminded Council members of a TVF&R Lunch on November 20 at the
Fire Station at Noon
- League of Oregon Cities Conference - November 13-16. Councilor Sherwood plans to
attend. Councilor Dirksen may attend.
- City Manager noted that the Atfalati organization is sponsoring a fundraiser. After
discussion, Council members agreed to contribute $20 each toward a local restaurant gift
certificate. Councilor Moore will advise Dave Nicoll of Atfalati of the Council's planned
participation in the fundraising campaign.
- City Manager reported that Councilor Moore, and City staff members met with
Bruce Ellis and Dave Nicoll regarding the Balloon Festival. Mr. Nicoll has agreed
to chair the Balloon Festival planning effort for this year and next. He will be
investigating the components for planning and producing the Festival with the
assistance of Mr. Ellis. Dates for the 2004 event are June 18, 19 and 20. It is
anticipated that Mr. Ellis will take the lead with regard to the balloon activities
while responsibility for logistics, finance, planning, etc., will be assigned to others.
The City contributes $10,000, and provides the staging area in Cook Park along
with assistance provided by the Public Works and Police Department. Mr.
Monahan advised that the sponsorship agreement for the Festival will be reviewed.
• EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 7:16
p.m. to discuss current or potential litigation under ORS 192.660(1 h).
Executive Session concluded at 7:28 p.m.
1. BUSINESS MEETING
1.1 Council President Dirksen called the City Council 8T Local Contract Review
Board meeting to order at 7:33 p.m.
1.2 Roll Call: Council President Dirksen; Councilors Moore, Sherwood, and
Wilson.
1.3 Pledge of Allegiance
1.4 Council Communications 8E Liaison Reports: None
1.5 Call to Council and Staff for Non-Agenda Items: None
Tigard City Council Meeting Minutes - October 14, 2003 Page 2
2. PROCLAMATIONS - Councilor Dirksen Issued the following Proclamations
2.1 Proclaim October 2003 as National Arts and Humanities Month
The arts and humanities enhance and enrich all our lives, and affect nearly
every aspect of American life including our economy, social problem solving,
job creation, education, creativity and community livability. With the
concurrence of this City Council, the City of Tigard declares October 2003 as
National Arts and Humanities Month.
2003
2.2 Acknowledge Islamic Heritage Day was held on September 28,
The City of Tigard supports the mission of the Muslim Educational Trust, an
organization dedicated to improving public understanding of Islam and to
dispelling the myths and stereotypes surrounding Islam. With the concurrence of
this City Council, the City of Tigard acknowledges that Sunday, September 28,
2003 was designated as Islamic Heritage Day.
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3. VISITOR'S AGENDA
Tigard High School Student Envoy Angela Jensen presented a report to the City
Council. (A copy of an outline of eWeprattendeid and very successful. City
Recorder). Homecoming activities were reviewed the
Tigard Area Chamber of Commerce President Dan Murphy Trick upcoming activities sponsored by the 31er3:30 ~ 5 30 p im! Vo unteers are
or Treat event on Main Street on October
needed to help guide people for safe street crossings.
4. CONSENT AGENDA: Motion by Councilor Sherwood, seconded by Councilor
Wilson, to adopt the Consent Agenda as follows:
4.1 Approve Council Minutes for August 12, August 26, September 9, and 16,
2003
4.2 Receive and File:
a. Council Meeting Calendar - October
b. Tentative Agenda
4.3 Amend Resolution No. 02-72 ,Appointing the Downtown Task Force to
Include Language Referring to aT3ua5tin Valley Fire and Rescue (TVFexR)
03
Representative - Resolution No.
4.4 Appoint Kenneth Dawson of Tualatin Valley Fire and Rescue (TVFaXR) to the
Downtown Task Force - Resolution No. 03 - 51
4.5 Appoint Barry Albertson as an Ex-Officio Member on the Park and Recreation
District Advisory Board Representing the Tigard-Tualatin School District -
Resolution No. 03 - 52
4.6 Appoint Janet Gillis to the Tree Board - Resolution No. 03 - 53
4.7 Dedicate Right of Way - SW Beveland Street - Resolution No. 03 - 54
Tigard City Council Meeting Minutes - October 14, 2003
Page 3
4.8 Approve an Amendment to the Personal Services Contract with Ramis, Crew,
Corrigan and Bachrach, LLP
The motion was approved by a unanimous vote of Council present:
Council President Dirksen -
Yes
Councilor Moore -
Yes
Councilor Sherwood -
Yes
Councilor Wilson -
Yes
5.
6.
UPDATE ON THE NEW TIGARD LIBRARY
Library Director Margaret Barnes presented the staff report on this item. She
reviewed construction activity to date, fundraising efforts, and noted the project is on
schedule and on budget.
PUBLIC HEARING (QUASI-) U DICIAL) - ZONE CHANGE ANNEXATION
(ZCA) 2003-0002 - BOHAN/COOPER ANNEXATION
REQUEST: The applicants are requesting to annex two (2) parcels of land
containing 1.9 acres into the City of Tigard. LOCATION: 14115 81 14120
SW Fern Street; WCTM 2S 104BC, Tax Lots 600 and 1900. ZONE: R-7:
Medium-Density Residential District. The R-7 zoning district is designed to
accommodate attached single-family homes, detached single-family homes with or
without accessory residential units, at a minimum lot size of 5,000 square feet,
and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks
and subdivisions are also permitted outright. Some civic and institutional uses are
also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval
standards for annexations are set out in Community Development Code Chapters
18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222;
and Metro Code Chapter 3.09.
a. Open the Public Hearing
Council President Dirksen opened the public hearing
b. Declarations or Challenges
The Council President read the following:
Do any members of Council wish to report any ex-pane contact or
information gained outside the hearing including any site visits? None
reported.
Tigard City Council Meeting Minutes - October 14, 2003 Page 4
Have all members familiarized themselves with the application? All members
indicated that they were familiar with the application.
Are there any challenges from the audience pertaining to the Council's
jurisdiction to hear this matter or is there a challenge on the participation of
any member of the Council? There were no challenges.
C. Community Development Director Hendryx presented the staff report. A
copy of the PowerPoint slide presentation is on file with the City Recorder.
The applicant requested the annexation of Tax Lot 600 to obtain city sewer
service for an approved subdivision proposal (case file number SUB2003-
0001 1). Owners of Tax Lot 1900 joined the application for annexation after
they became aware of the request to annex Tax Lot 600. Both properties are
currently developed with single-family residences. The proposed annexation
meets applicable standards.
d. Public Testimony
Proponent:
Larry Hultquist, 14125 SW Fern Street, Tigard, OR 97223, testified in
support of the annexation request. Mr. Hultquist will be developing nearby
property and will need to access sewer. The Bohan property will be used
by Mr. Hultquist to gain sewer service connection.
e. Staff recommended that Council approved the requested annexation.
f. Council President Dirksen closed the public hearing.
g. Council Consideration:
Motion by Councilor Wilson, seconded by Councilor Sherwood, to adopt
Ordinance No. 03-09.
ORDINANCE NO. 03-09 - AN ORDINANCE ADOPTING FINDINGS
AND CONCLUSIONS TO APPROVE AN ANNEXATION (ZCA) 2003-
00002 (COOPER/BOHAN ANNEXATION) AND WITHDRAWING
PROPERTY FROM THE TIGARD WATER DISTRICT, THE WASHINGTON
COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, WASHINGTON
COUNTY URBAN ROADS MAINTENANCE DISTRICT, WASHINGTON
COUNTY STREET LIGHTING DISTRICT #1, AND THE WASHINGTON
COUNTY VECTOR CONTROL DISTRICT, AND TRANSFERRING
SANITARY SEWER SERVICE FROM CLEAN WATER SERVICES.
Tigard City Council Meeting Minutes - October 14, 2003 Page 5
The motion was approved by a unanimous vote of Council present:
Council President Dirksen -
Yes
Councilor Moore -
Yes
Councilor Sherwood -
Yes
Councilor Wilson -
Yes
7. CONSIDER PROPOSED AMENDMENTS TO THE NEIGHBORHOOD SEWER
REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO. 01-
46)
City Engineer Gus Duenas reviewed this agenda item with the Council. The proposed
resolution would provide additional incentives to the Neighborhood Sewer
Reimbursement District Incentive Program In addition to the incentives outlined in
City Council Resolution No. 01-46.
Motion by Councilor Moore, seconded by Councilor Sherwood, to adopt Resolution
No. 03-55.
RESOLUTION NO. 03-55 - A RESOLUTION PROVIDING ADDITIONAL
INCENTIVES TO THE NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT
INCENTIVE PROGRAM (RESOLUTION NO. 01-46)
The motion was approved by a unanimous vote of Council present:
Council President Dirksen - Yes
Councilor Moore - Yes
Councilor Sherwood - Yes
Councilor Wilson - Yes
8. UPDATE ON THE TUALATIN RIVER BICYCLE AND PEDESTRIAN BRIDGE
Parks Manager Dan Plaza reviewed this agenda item with the City Council. If the
Federal budget is approved this week, then it is expected that the Oregon Department
of Transportation will provide funding for this long-planned connection over the
Tualatin River. Tigard, Tualatin and Durham will provide matching funds. It is
anticipated the bridge will be constructed by the fall of 2005.
Tigard City Council Meeting Minutes - October 14, 2003 Page 6
9. UPDATE ON BULL MOUNTAIN ANNEXATION PLAN
Community Development Director Hendryx presented this agenda item to the City
Council. This information was similar to the information presented at the October 7,
2003, joint meeting with the City Council and County Board of Commissioners.
There was Council discussion on the misinformation that seems to be occurring in the
community. It was stressed for the benefit of the public that questions may be
addressed in a variety of formats: newspaper articles, Cityscape, coffee talks,
community meetings, web site, telephone hot line, cable television, brochures,
Community Connectors, lobby displays, and traveling displays and Information
presented to civic organizations.
City Manager reiterated that this is a two-stage process: 1) The Annexation Plan is
developed; and 2) Comprehensive planning and updating is performed.
Councilor Dirksen said there seems be a lot of their quad i Information" circulating
around; he urged citizens to contact City with
10. COUNCIL LIAISON REPORTS: None
11. NON AGENDA ITEMS: None
STUDY SESSION CONTINUED:
Bull Mountain - review of meeting calendar
Staff and Council reviewed the upcoming schedule for meetings regarding the
potential Bull Mountain. The Coffee Talk contacts were reviewed and locations for
these talks were identified on a map.
There was discussion on ground rules for the Coffee Talks. Councilor Sherwood
noted that if 20 people arrive at one of the Talks, then it should be made clear at the
beginning of the meeting that individual one-on-one conversations would not be
possible. Another ground rule to be stated at the beginning of the meetings was that
the conversation should be orderly (no personal attacks). Council noted that they are
aware that many of the people attending these meetings may not like the annexation
proposal nor will they likely vote for the annexation; the Council will attend these
meetings to answer questions. Council members agreed that they would try to meet
at all locations where people have offered to host a Coffee Talk. Community
Development Director, upon direction from the Council, will endeavor to have his
Page 7
Tigard City Council Meeting Minutes - October 14, 2003
staff schedule the Coffee Talks on either a Wednesday or Thursday evening each
week.
Community Development Director reviewed the written materials prepared for the
Coffee Talk sessions.
Civic groups (such as Rotary, Chamber of Commerce, etc.) will be added to the
meeting calendar for presentation of the annexation proposal.
Community Development Director Hendryx will deliver the Council members' packets
of information to be used at the Coffee Talks on Monday, October 20.
12. EXECUTIVE SESSION: Not held
13. ADJOURNMENT: 9:18 p.m.
Attest:
f, A'A
o, i r
Date: /0 - D
ced~,wmr~~ooaea~ o~e.aoc
Catherine Wfieatley, City ecor e
Tigard City Council Meeting Minutes - October 14, 2003 Page 8
AGENDA
TIGARD CITY COUNCIL BUSINESS MEETING - STUDY SESSION
October 14, 2003 - 6:30 p.m.
13125 SW Hall Boulevard, Tigard, Oregon
The Study Session Is held in the Red Rock Creek Conference Room. Enter at the back of Town Hall. The
Council encourages interested citizens to attend all or part of the meeting. If the number of attendees exceeds.
the capacity of the Conference Room, the Council may move the Study Session to the Town Hall.
6:30 PM
EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to
discuss current and pending litigation under ORS 192.660(1)(h). All discussions are
confidential and those present may disclose nothing from the Session. Representatives
of the news media are allowed to attend Executive Sessions, as provided by ORS
192.660(3), but must not disclose any information discussed. No Executive Session
may be held for the purpose of taking any final action or making any final decision.
Executive Sessions are closed to the public.
STUDY SESSION
CITY ATTORNEY REVIEW
■ City Administration and City Attorney
ADMINISTRATIVE ITEMS
Status of Mayor Griffith
Addition to tonight's Consent agenda: "Item 4.8 - Approve Amendment to the Personal
Services Contract with Ramis, Crew, Corrigan U Bachrach, LLP
Status of the burned white house on City property
Portland General Electric - distribute information received
Review of status of removal of 114' Barricade (Bull Mountain)
Make a Difference Day - Saturday, October 18, 9 a.m. - noon (information distributed)
TVFBtR Lunch - November 20 at the Fire Station at Noon
League of Oregon Cities - Need to register and make reservations for accommodations for
those Council members who plan to attend - November 13-16
Bull Mountain - review of meeting calendar
A Executive Session -
The Public Meetings Law authorizes governing bodies to meet in executive session In certain
limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part
of a meeting of a governing body, which Is closed to certain persons for deliberation on certain
matters."
Permissible Purposes for Executive Sessions:
192.6600) (a) -
Employment of public officers, employees and agents,
If the body has satisfied certain prerequisites.
192.660(l) (b) -
Discipline of public officers and employees (unless affected person requests
660 (1) (c) -
192
to have an open hearing).
To consider matters pertaining to medical staff of a public hospital.
.
192.660(1) (d) -
Labor negotiations. (News media can be excluded in this Instance.)
192.660 (1) (e) -
660(1) (f) -
192
Real property transaction negotiations.
Exempt public records - to consider records that are "exempt by law from
.
public inspection." These records are specifically identified in the Oregon
192-660 (1) (g) -
Revised Statutes.
Trade negotiations - involving matters of trade or commerce in which the
governing body is competing with other governing bodies.
192.660(l) (h) -
Legal counsel - Executive session are appropriate for consultation with
counsel concerning legal rights and duties regarding current litigation or
660(l) (1) -
192
litigation likely to be filed.
To review and evaluate, pursuant to standards, criteria, and policy
.
directives adopted by the governing body, the employment-related
performance of the chief executive officer, a public officer, employee or
staff member unless the affected person requests an open hearing. The
standards, criteria and policy directives to be used in evaluating chief
executive officers shall be adopted by the governing body in meetings open
to the public in which there has been an opportunity for public comment.
192.660 (1)
Public Investments - to carry on negotiations under ORS Chapter 293
r businesses regarding proposed acquisition, exchange
s
o
with private person
or liquidation of public investments.
192.660 (1) (k)-
Relates to health professional regulatory board.
1.\ADM\CATHY\000NCIL\PINK SHEET - STUDY SESSION AGENDAS\2003\030923.DOC
Page l
Cathy Wheatley - Future of PGE Roundtable Meeting
-Dis~ rj bu-k To cwnG l
From: "Andrea Fogue" <afogue@orcities.org>
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<suehollis@onlinemac.com>, <cityauro@open.org>, <rdelong@open.org>, <turner@open.org>,
<schultzr@sherwood.or.us>, <bcosgrove@silverton.or.us>, <glad@spiritone.com>,
<stpauicity@stpaultel.com>, <amity@viclink.com>, <donaldcity@web-ster.com>
Date: 10/10/03 11:43AM
Subject: Future of PGE Roundtable Meeting
In September the City of Portland convened a regional roundtable to
study Enron's proposed plan for PGE and investigate options. The group
met for the first time on September 18, and three subsequent meetings
are planned. Participants in the first meeting included the League of
Oregon Cities, mayors of several cities in PGE's service territory,
ratepayer representatives, and county commissioners. All cities are
welcome to attend the meetings.
The next meeting has been scheduled for Wednesday, October 15 from
2:30-4:30 at the Canby Adult Center. Attached you will find an agenda
for the meeting, directions to the Canby Adult Center, and a recent RFP
from the City of Portland. If you have any quesitons, please don't
hesitate to contact myself or Ken Strobeck at the League, (503)
588-6550.
Andrea Fogue
League of Oregon Cities
(503) 588-6550
afogue@orcities.org
CC: "Ken Strobeck" <kstrobeck@orcities.org>
Future of PGE Round Table
Canby Adult Center'
1250 S. Ivy
Canby, OR
Wednesday, October 15, 2003
2:30 pm - 4:30 pm
DRAFT AGENDA
Item/Presenter
2:30 pm Introductions
...Round Table Members
2:35 pm Update
...Mayor Vera Katz, City of Portland
...Commissioner Erik Sten, City of Portland
2:45 pm
Review of agenda
Meeting Purpose/Ground Rules/Fencelines
...Janet Gillaspie, facilitator
Public Utility Commission (PUC) role and authority
2:50 pm
■ Role and authority with...
o Publicly owned utility
o Private owner utility
o Publicly traded utility
■ Role and authority over Enron bankruptcy
...Paul Graham, Attorney General's Office (PUC attorney)
3:00 pm
Financing and Governance Foundation
...Tim Grewe, City of Portland
...Ken Rust, City of Portland
...Jeff Brown, Goldman Sachs
3:20 pm
BREAK
Governance Options
3:30 pm
■ Governing Board
■ Board responsibilities
■ Board appointment process
4:15 pm
...All
Opportunity for public comments
...Interested members of audience (limited time)
4:25 pm Agenda items for next meeting/Meeting check out process
...Round Table Members
4:30 m ADJOURN
' Phone at Canby Adult Center is 503/266-2970
1011012003
Directions to Canby Adult Center
I-5 South (from Portland):
From Portland, continue south on I-5 past the Charbonneau Exit (just South of
Wilsonville).
- Take Canby Exit 282A.
Turn Left at the second Signal (Ehlen Road). This road will take you into Aurora.
The road becomes First Street just before you reach Highway 99E.
Turn Left at the next Signal (Highway 99E). Follow Highway 99E into Canby.
Turn Right onto Ivy Street (7-11 on corner).
Turn Left into the Canby Swim Center/Canby Adult Center parking lot, located just
before the 13`h Avenue traffic signal. 1250 S. Ivy Street - Canby, OR
I-5 North (from Salem):
From Salem, continue north on I-5 past and take the Aurora Exit.
Take Aurora Exit 278 and turn Right at the traffic signal (Ehlen Road). This road
will take you into Aurora. The road becomes First Street just before you reach
Highway 99E.
Turn Left at the second Signal (Highway 99E). Follow Highway 99E into Canby.
Turn Right onto Ivy Street (7-11 on corner).
Turn Left into the Canby Swim Center/Canby Adult Center parking
lot, located just before the 1P Avenue traffic signal.
1250 S. Ivy Street - Canby, OR
Date: October 6, 2003
City of Portland, Oregon
RFP No. OSD 008
PROFESSIONAL, TECHNICAL AND EXPERT SERVICES
REQUEST FOR PROPOSALS
for
Assessment of the Impact on Oregon of Enron's Plan of
Reorganization
PROPOSALS DUE:October 20, 2003 by 2:00 P.M.
Envelope(s) shall be sealed and marked with RFP # and Project Title.
Submit one (1) complete copy of the Proposal to:
City of Portland
Office of Sustainable Development, Attention: Michael Armstrong
721 NW 9th Ave., Suite 350
Portland, OR 97209
Refer questions to:
Michael Armstrong
fax: 503 823-5311
e-mail: marmstrongCa~ci portland.or.us
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October 2003Cityscape
You can make a difference in Tigard. All hands are welcome.
Make-A-Difference Day is Saturday, October 18, 9:00 a.m. to noon. Sites this year
include:
Tigard Library:
Organize carts of books alphabetically or numerically
Power shelving teams - help get those books off the carts and back on the shelves
Craft and bulletin board preparation - prepare new materials for new displays
Plant trees and remove invasive species at
Bonita Park on Milton Court off 72"d Street, to Bonita Road to Milton Court
This is the first planting at Tigard's newest park
Water Quality Facility near the Tualatin River along the 108`h path off Bonanza
Way near River Drive.
Tigard Senior Center
Help prepare the grounds for winter. Spread bark chips, rake leaves, weed
flowerbeds, clean up the rose bushes and rhododendrons
Scout troop 799 from the Tigard Christian Church will work at this site
Greenburg Oaks Apartments on 915` Street off Greenburg Road would like volunteers
to help plant spring bulbs in their flower beds. Call Colleen at (503) 443-2117
IOM LOC ANNUAL COMMENCE - 901MAVON FORD!
November 13-16 - Eugene Hilton and Conference Center
(One form per delegate; duplicate as needed)
Full name
First name / nickname for badge
Title
Municipality / Organization
Billing address
City, state, zip
City hall / daytime phone Fax number
E-mail address
Check those that apply to you:
❑ First-time attendee ❑ New city official
❑ Special accommodations required (e.g., dietary
wheelchair accessibility, etc.)
Note your specific need(s)
-Spouse or Guest (include full name for badge)
Complete and mail this form to the League
office by October 23rd to avoid a late fee.
Cancellations must be in writing on municipal
or organization letterhead and received by
mail or fax no later than October 30, 2003.
No-shows will be billed for the total amount.
Make checks payable and send to:
League of Oregon Cities
PO Box 928, Salem, OR 97308
Credit Card: ❑ Visa ❑ Mastercard
Card Holder Name:
Billing Address:
Card Number:
Exp. Date:
Questions? Call the League office at (503) 588-6550
or toll-free 1-800452-0338
Fax: (503) 399-4863
Conference Registration Fees
Conference registration includes Thursday Workshops and
Opening Reception, Friday Welcome Ceremonies with speakers,
Friday Exhibitors Lunch, Friday Reception, the Saturday Forum, all
concurrent sessions and all coffee services. Please indicate your
participation in complimentary events to help us determine how
many meals to purchase.
Cost City Total
Conference Registration:
Member $175 i $
Member - First-Time Attendee $145 - $
Non-Member $240 i $
Youth Delegate $ 65 $
'Spouse/Guest )lull name required) $ 40 $
I
Late Registration (add after Oct. 23) $ 40 a $
Total Registration Fees $
Thursday, November 13
Cost Qty Total
ICMA Assessment Program $ 60 E
OLLI Workshops:
Board Policy Development $ -0- $ 0-
Public Records & Open meetings $ -0- ± b -0-
LOC Reception at Eugene Public Library $ -0- i $ -0-
Friday, November 14
Educational Workshops:
NOTE: Conference registration fee is waived if you are attending
only a Friday workshop. Friday workshops include lunch.
Cost Cam, ty Total
Welcome Ceremonies/Governor's Address $ -0- i $ -0-
Managers/Mayors/Councilors Workshop $ 70 $
Attorneys (OCAA) Legal Issues Workshop $ 70 $
Exhibitors Lunch Only $ -0- $ -0-
Saturday, November 15
Cost Qty Total
Get-Acquainted Breakfast $16 $
Small Cities Breakfast $16 ' $
Lunch with Keynote Speaker $20 ' $
Dr. Lowell Catlett Workshop $25 $
Annual Banquet $35 = $
Sunday, November 16
Cost Qty_ Total
LOC Breakfast/Business Meeting $16 Is
TOTAL TO BE PAID: $
to register on-line: go to www.orclties.org Submitted by:
Registration Guidelines
(Please read carefully prior to filling out the registration form)
Conference Fees..
Conference registration fees include a packet of program
materials, admission to the Thursday Reception. Friday Opening
Ceremonies, Friday Lunch, Friday Reception, the Trade Show,
Saturday Forum, all concurrent sessions, and all coffee services.
Events which Include meals cannot be prorated.
. • Fee Rates
Member rates include city officials and staff from cities, as well
as state, regional, county and federal officials and LOC
associate and subscriber members.
Non-Member rates include individuals with private organizations
and other interested parties.
Registration deadlines
Register by October 23 and save $$I By registering early, you will
avoid the late registration fee. You will also be assured that your
meals have been reserved and your conference materials will
be ready for you upon your arrival.
Friday Workshops
The conference registration fee is waived if you are attending
only a Friday workshop. If you are attending any other Friday
event, you must pay the full conference registration fee. Lunch
is included in the cost of the Friday workshops.
First-Time Attendees
As a perk for our first-timers, we are offering a special discounted
registration fee. To qualify, this must be your first time attending
an LOC Annual Conference.
On-Line Registration.
You may also register on-line at www.orcities.org. Be sure to
review your registration form and make any necessary changes
before completing the registration process. You will receive a
confirmation within ten days of receipt of your registration.
Please mail payment in full with a copy of your registration form
to the League office.
• • •
All registrants will receive a confirmation within ten days of
receipt of your registration. Please look over your confirmation
and call the League office with any discrepancies. If you do
not receive a confirmation, call the League to confirm your
registration has been received.
.~pob,s6slGuqsts
Guests attending concurrent sessions, general sessions, the
Trade Show or meals are required to register and pay the
spouse/guest registration fee. Guest meal tickets maybe
purchased on the registration form. Guest registration is not
necessary if the guest is only attending the Banquet. City
officials and employees cannot register as guests.
Election Candidates
Here are some guidelines to follow when pre-registering for a
vacant city position: 1) send in only one form for each position
that is vacant; 2) use the position title for the person's name
(e.g., "Councilor I", or "Mayor"); 3) choose the event(s) the
person may want to attend: 4) send in the registration form.
Following the election, the winning candidate may make
changes to his/her registration, if necessary, by calling the
League office.
Guth DeleaafE
Youth delegates may attend the conference for a fee of $65.
Youth delegates under age 17 must be accompanied by an
adult chaperone. The chaperone is not required to register for
the conference; however, if the chaperone would like to attend
any meals, they must register as a guest and pay for their meals.
Parents or guardians may be required to sign a liability waiver
for youth delegates engaging in specific group activities. The
registration fee does not include hotel or transportation.
Meals cannot be guaranteed unless tickets are purchased 72
hours prior to the time of service. It is advisable to preregister for
all conference meal functions. It is impossible to guarantee
meals if you are registering on-site.
LOC strives to accommodate delegates who have special
dietary needs. Please note any special needs you have in the
space provided on the registration form. Restricted diets must
be arranged 72 hours prior to time of service. At each meal,
inform your server of the type of meal you ordered.
• . - • • • •
Additions, deletions and cancellations must be in writing on
municipal/organization letterhead and received by mail or fax
no later than October 30, 2003. No refund will be made for
"no-shows" or cancellations after the deadline. No-shows will
be billed for the full amount. if you have any questions, please
contact conference registrar Jamie Kayler at (503) 588-6550 or
1800-452-0338.
Registrations must be accompanied by a purchase order,
check or Visa/MosterCord information. If paying by credit card,
please provide the full name of the cardholder, billing address,
and the complete card number and expiration date.
Visa/MasterCard will not be accepted on-site.
Payment must be in full. Registrations are processed on a first-
come, first-served basis.
* Complete and return the registration form by October 23.
Telephone registrations will not be accepted.
Make check payable and send to:
League of Oregon Cities
PO Box 928
Salem, OR 97308
Nrl ,
78TH AN NU A L CONFERENCE
NOVEMBER 13-16, 2003 / HILTON EUGENE & CONFERENCE CENTER / 66 EAST 6TH AVE., EUGENE
We hope you're making plans to attend the League's annual conference. We have an
outstanding program planned for this year. And we're packing more into the program by
opening up registration on Thursday and adding two excellent early-bird workshops. Take a look
2003 Preliminary Program
(Tentative - sessions & times subject to change)
THURSDAY, NOVEMBER 13
10:00 a.m. - 4:00 P.M.
LOC Board of Directors Meeting
12:00 p.m. - 4:00 p.m.
Legal Advocacy Committee Meeting
12:00 p.m. - 5:00 p.m.
ICMA Voluntary Credentialing Assessment
The Oregon City/County Management Association (OCCMA)
continues to encourage managers to participate in ICMA's
credentialing program and will offer the ICMA Assessment
Program to interested city managers during the LOC conference.
To participate you can purchase your "Applied Knowledge
Assessment" form through OCCMA (on the LOC conference
registration form) and save a few dollars, and we will have your
assessment at the conference; or you can order it prior to the
conference from the ICMA bookstore (tMW icma.oro) and bring it
with you. (For pre-conference planning, please be sure to indicate
your participation on the conference registration form by filling in
the $60 total or 0 total if you plan to 'bring your own".)
2:00 p.m. - 4:30 P.M.
Mayors (OMA) Board Meeting
2:00 p.m. - 4:00 P.M.
L cal Leadership Institute (OLLI) Workshops
-al Leadership Institute (OLLI) Workshops
Sample governance policies will be provided along with specific
instructions for developing policies for both council and staff.
Participants will learn how to utilize the strengths of fellow
elected officials and how to produce measurable results while
working effectively with citizens, professional staff and other
boards and agencies. Other topics that will be touched on
throughout this two-hour session include improved council
interaction, council and executive staff accountability, effective
two-way communication with citizens, and how to improve public
image.
Topic: Public Records and Open Meetings:
Connecting with the Public
Speaker: Mike Burton, Vice Provost, Extended Studies,
Portland State University
Learn from the pros how to have an inclusive, open public
process without wasting time, patience or the publics resources.
This session will teach you the ins and outs of Oregon's public
meetings laws, including the intricacies of executive sessions.
We will also discuss public records law and how to best respond
to public information requests.
3:00 p.m. - 7:00 p.m.
Conference Registration Opens
New This Year- Beat the crowd and check in earlyI The
LOC registration desk will be located in the main lobby of the
Hilton Conference Center. Stop by and pick up all your
conference materials and avoid the rush early Friday morning.
Oregon
(complimentary)
Topic: Board Policy Development
Speaker: Caryn Tilton, Caryn Tilton Consulting LLC • • • • • •
Learn how to develop policies that support the work • . • • Cities' prop
of staff and the interests of the community. • • and/or
Governing Board Dynamics is a presen- resolutions Oregon Municipal or
tation for elected officials and other top • League office by
ent leaders who are interested • g d them to David
6:30 p.m. - 7:30 p.m.
• • • Opening Reception at the Eugene Public Library
Our hot Eugene Mayor Jim Torrey, invites youosed • • • to tour Eugene's new public library. A
changes to the • great opportunity for first time and
cy are due to the . long time attendees to relax and get to
October 14. know each other or get reacquainted
Barenberg at ; while enjoying delicious hors d'oeuvres.
govemm en
in rigorous and continual improvement of • • dbarenberg@orcities.org or • •
their capacity to govern effectively using • • • FAX (503) 399-4863. • • •
policies that define vision and ensure results. • • • • • • • •
FRIDAY, NOVEMBER 14
8:00 a.m. - 9:00 a.m.
Welcome Ceremonies and Address by
Governor Ted Kulongoski
LOC President and Beaverton Mayor Rob Drake will welcome
delegates to the 78th annual conference and officially open the event.
Following the traditional ceremonies and introduction of special
guests, Governor Ted Kulongoski will address the delegates.
8:00 a.m. - 4:00 p.m.
Exhibits
This year we have 50 exhibit booths, one of our largest displays by
various businesses and agencies serving local government. You are
encouraged to visit the vendors whose participation has aided in
making this conference more diverse and interesting. While you're
there, be sure to ask them how to find the "Key to Your City'that will
unlock a treasure chest of prizes.
9:00 a.m. - 4:00 p.m.
Governor Kulongoski's Policy Advisors
An exciting addition to this year's conference is the opportunity to
meet with Governor Kulongoski's key policy advisors one-on-one to
discuss a broad range of issues including PERS, natural resources,
education, economic recovery and public safety. These individuals
are the governor's top policy staff. Plan ahead! Individual or city
meetings should be scheduled in advance directly with the policy
advisors (see schedule and contact information below).
Governor's Policy Advisors
,The following policy advisors for Governor Kulongoski will
meet with local officials on Friday, November 14, at the
times listed below. Please call the numbers listed to set up
your appointments.
9 am - 10 am Education Policy
• James Sager, Education Policy Advisor, (503) 378-3921 x21
10 am - 12 pm Natural Resources - water rights,
wastewater, forestry, environmental issues
• Jim Brown, Natural Resources Policy Director, (503) 378-4385
• David Van't Hof, Natural Resource Policy Advisor,
(503) 378-3589 x30
12 pm - 2 pm Workforce - PERS policy issues
• Margaret Hallock, Labor, Workforce & Revenue Advisor,
(503) 378-6502
• Lita Colligan, Workforce Policy Coordinator (same # as above)
• Claire Berger, Workforce Policy Analyst (same # as above)
2 pm - 4 pm Public Safety
• Craig Campbell, Public Safety Advisor, (503) 378-6246
2 pm - 4 pm Economic Development- Economic
Revitalization Team (formerly Community Solutions Office),
economic development, local projects, state agency issues
• Chris Warner, Economic Revitalization Team Director (formerly
Community Solutions Team), (503) 378-6892 x23
9:00 a.m. - 4:00 p.m.
Staff Headquarters for Oregon U.S. Representatives
New this yearl Staff will be on-site from the offices of our
Oregon U.S. Representatives: David Wu (D-Dist. 1); Greg
Walden (R-Dist. 2); Earl Blumenauer (D-Dist. 3); Peter DeFazio
(D-Dist. 4); and Darlene Hooley (D-Dist. 5). Be sure to arrange
your schedules so you can find time to visit your representatives
while they are available.
9:00 a.m. - 5:00 P.M.
Staff Headquarters for U.S. Senators Gordon Smith
and Ron Wyden
Take some time out of your busy conference schedule to visit
with the staff of U.S. Senators Ron Wyden and Gordon Smith.
This is your opportunity to bring back valuable information to
your citizens.
9:15 a.m. - 11:15 a.m.; 1:30 p.m. - 4:00 p.m.
Managers, Mayors & Councilors Workshop
Speaker: Michael Conduff, Consultant, Former City
Manager, Author
Topic: Policy Governance, the Dr. John Carver Model
State-of-the-art governing asks our elected
officials to have the courage to think about the
future while engaging the citizens in a
meaningful dialogue, to delineate and foster a
true partnership with the city manager, to set in
the boundaries of staff behavior, and to agree +a~r
with each other about their own behavior. The
value of this model, called "Policy Gover-
nance0" by its originator, Dr. John Carver, is
that the council has far more control of the Mike Conduff
destiny of the community, yet is far less
entrapped by its ongoing specifics. Mike Conduff has been
personally trained by Dr. John Carver in the Policy Governance
model and is a co-author of "The Policy Governance Fieldbook."
He has over 25 years experience in working with boards and
improving organizations, having served as the city manager of
four university communities in Texas and Kansas. Mike will lay
out the elements of the Carver Governance Model in a full-day
nuts and bolts training session for mayors, city councilors and
city administrative staff. Bring your entire council to this one; you
won't be sorry!
10:00 a.m. - 4:00 p.m.
Agency Director Availability
Jim Voytko, PERS Director- PERS has undergone some
sweeping changes in the past 10 months. City officials have an
opportunity to learn first hand about the implications of these
changes. Please call Holly Hayes at PERS (503-603-7690) to
schedule your appointment. Please mote that this availability is
NOT for the purposes of retirement counseling.
Bruce Warner, ODOT Director - Mr. Warner will be available
to answer questions and discuss local transportation issues.
With the passage of the 2003 Oregon Transportation Investment
Act (OTIA III), the state will play a large role in delivering the
$2.5 billion funding package. In addition to the recent funding
success, ODOT continues to work with challenges such as
access management, transportation planning and the Statewide
Transportation Improvement Plan (STIP). Call Janet Chambers
with ODOT (503-986-3452) to make an appointment.
10:00 a.m. - 4:30 p.m.
City Attorneys (OCAA) Legal Issues Workshop
City attorneys and other municipal experts will gather for a day of
exchanging information and furthering municipal expertise. The
program is designed to be equally useful to both new and experi-
enced city attorneys. (Lunch will be included at the noon OCAA
Business Meeting; preregistration is required.)
12:00 p.m. - 1:00 p.m.
OCAA Lunch & Business Meeting (preregistration required)
12:00 p.m. - 1:15 p.m.
Managers (OCCMA) Lunch & Business Meeting
12:00 p.m. - 1:15 p.m.
Mayors (OMA) Lunch & Business Meeting
12:00 p.m. - 1:30 p.m.
Exhibitors Lunch
Boxed lunches will be available in the exhibit area. This is a great
opportunity to tour all the exhibits, visit with the vendors and find
the "Key to Your City" for the chance to win a prize.
1:00 p.m. - 3:00 p.m.
Planning Directors (OCPDA) Business Meeting
1:00 p.m. - 4:00 p.m.
Redevelopment Agencies (AORA) Business Meeting
1:30 p.m. - 4:00 p.m.
Managers, Mayors & Councilors Workshop (continued)
3:00 p.m. - 5:00 p.m.
Municipal Recorders (OAMR) Business Meeting
4:05 p.m. - 5:15 p.m.
LOC Resolutions Committee Meeting
This is the League's annual forum to discuss proposed resolutions
and changes to the Oregon Municipal Policy (OMP). Resolutions,
OMP and constitutional amendments which are approved by the
Resolutions Committee at this meeting will be forwarded to the
general membership at Sunday's business meeting.
5:20 p.m. - 6:00 p.m.
LOC Nominating Committee Meeting
Members: Lou Ogden, Immediate Past President (Chair)
Susan Roberts, LOC Past President (2001)
Bob McPheeters, LOC Past President (1998)
Candidates for LOC Board positions will be given the opportunity at
this public meeting to address the committee and audience about
hislher qualifications. The committee will then prepare a recom-
mended slate of candidates to be considered by the full member-
ship at the annual business meeting on Sunday.
6:05 p.m. - 7:00 p.m.
Welcome Reception
A great opportunity to mingle with your peers, exchange ideas and
information, or just relax and enjoy hors d'oeuvres before heading
out to dinner.
6:30 p.m. - 7:30 p.m.
Governor's Council on Fitness Awards Reception
Mayors are invited to attend a special reception sponsored by the
Oregon Governor's Council on Physical and Sports Fitness. The
reception will include hors d'oeuvres and a brief ceremony to
recognize Oregon citizens who have been nominated by their
mayors for efforts to improve lives through health and fitness.
SATURDAY, NOVEMBER 15
6:30 a.m. - 5:00 p.m.
Registration
The LOC registration desk will be located in the foyer of the
Exhibit Hall.
7:30 a.m. - 8:30 a.m.
General Get-Acquainted Breakfast
The Get-Acquainted Breakfast is designed for new delegates and
first time attendees to meet and network with their peers. This
breakfast is also open to registered spouses and guests.
7:30 a.m. - 8:30 a.m.
Small Cities Roundtable Breakfast
(population under 3,000)
If you represent a city under 3,000 population, be sure to attend
this breakfast. Topics and issues of importance may be discussed
in a roundtable environment. This breakfast is also open to
registered spouses and guests.
8:30 a.m. - 2:00 p.m.
Exhibits
You are encouraged to visit the vendors whose participation has
aided in making this conference more diverse and interesting.
While you're there, be sure to ask them how to find the "Key to
Your City" that will unlock a treasure chest of prizes.
8:30 a.m. - 4:00 p.m.
Staff Headquarters for U.S. Senators Gordon Smith
and Ron Wyden
Take some time out of your busy conference schedule to visit with
the staff of U.S. Senators Ron Wyden and Gordon Smith. This is
your opportunity to bring back valuable information to your
citizens.
8:45 a.m. - 10:10 a.m.
Forum - "The Different Oregons"
Speaker: Jeff Mapes, chief political reporter, The Oregonian
Panelists: Ted Ferrioli, Senator, John Day
Ethan Seltzer, Director, Institute of Metropolitan
Studies, Portland State University, School of Urban
Studies and Planning
Onno Husing, Executive Director, Oregon Coastal
Zone Management Association, Newport
Ron Saxton, Portland attorney, former gubernatorial
candidate
Is Oregon really one state, or are we a group of
different regions with different agendas? Is the
"urban-rural divide" a reality or is it over-empha-
sized. Are there other regional or geographic'
differences that are even more important? These
issues and related ones will be the subject of a
thought-provoking discussion at the Forum. Jeff
Mapes, the chief political reporter for The
Oregonian, has made a detailed study of the sub-
regions within our state, and has concluded that Jeff Mapes
there are actually nine distinct, identifiable regions
in Oregon. He will present a summary of his research, describing
the characteristics of each of the "nine Oregons," and lead a panel
discussion on the issue with participants from several different
parts of the state. Whether you are from a big city, small city, the
coast, central or eastern Oregon, the southern part of the state, or
anywhere else, this program will cause you to think about our state in
a different way-and perhaps challenge your thinking about who we
are and how we think in Oregon. Be sure to highlight this provocative
program in your conference agenda and make plans to attend.
Concurrent Sessions:
10:15 a.m. - 11:45 a.m.
Are You Ethical?
Come find out how "ethical" you are! Presented by Mr. Pat Hearn, the
Executive Director of the Government Standards and Practices
Commission, and Mr. Randall Tosh, Salem City Attorney, this session
will teach you how to avoid violating the conflict of interest laws and
Oregon's code of ethics. Time permitting, we will also discuss the
executive session provisions of public meetings law.
10:15 a.m. - 11:45 a.m.
Sustainability
Sustainability-What does it mean and why is it important? The term
sustainability, particularly in city development, has come to be an
industry buzzword. But what does the use of it really mean? Team
Oregon, LLC and Patterson Parks, LLC will share with you their views
and experiences with "sustainability" and why it is important to you
and your community.
10:15 a.m. - 11:45 a.m.
OTIA 111: $2.5 Billion Transportation Infrastructure
Investment
Building on OTIA I and II, the 2003 Oregon Transportation Investment
Act (OTIA 111) represents the largest investment in transportation
infrastructure in Oregon's history. It is the first new funding for local
road maintenance and preservation in over a decade. We've got the
ball rolling with OTIA 1, II and III. This session will focus on transporta-
tion successes and remaining challenges.
10:15 a.m. - 11:45 a.m.
Setting Service Priorities
Cities reveal their strategies for establishing city service priorities and
managing budget cuts. Presenters will discuss methods of gathering
public input and evaluating the effectiveness of the services they
provide. Then they'll share how that information influences their
budgeting decisions. See if some of these tools can work for you!
10:15 a.m. - 11:45 a.m.
Water Management & Conservation Plans: How to Keep
Your City's Water Rights
The Department of Water Resources adopted new rules last year on
how municipalities can develop their water rights. City
elected officials will have to make funding and develop-
ment planning decisions based on these new
laws. This session provides an overview of the Register
new requirements and explores how city Re(J
policy makers will need to implement new The conference
programs in their communities. flyer has bee
services. In addition, participants will have an opportunity to
discuss additional services that would be helpful to cities in the
future.
Speaker: Dr. Lowell Catlett, Professor, New Mexico State
University
Topic: "New Frontiers that Change Everything"
12:00 P.M. - 1:30 P.M.
Lunch with Keynoter Speaker
Meet John DeStefano, Mayor of New Haven,
Conn., and President of the National League of
Cities, for an update on national issues that
affect cities. Congratulate the winner of the
Civic Education Award and the winners of the se
High School Essay and Middle School Essay
contests. Then hold on to your seats as we
welcome back by popular demand Dr. Lowell
Catlett and discover "New Frontiers that
Change Everything." You won't want to miss Lowell Catlett
this outstanding luncheon program.
2:00 p.m. - 3:15 p.m.
Why Fear Fails and Actions Triumph, with
Dr. Lowell Catlett
Following the luncheon session, join Dr. Lowell Catlett for an
inspiring, thought-provoking and highly entertaining workshop.
"Why Fear Fails and Actions Triumph" will provide you with
tools to take back to your cities to use when the going gets
tough. Dr. Catlett is an exciting futurist whose knowledge of
technologies and their implications on the way we will live and
work is addressed in his varied and upbeat presentations.
Concurrent Sessions:
2:00 P.M. - 3:15 p.m.
What You Should Know Before Putting a
Money Measure on the Ballot
if your city is thinking about putting money measures on the
local ballot, this session is for you. The panel will explore what
to consider when deciding whether to go to the ballot, and you'll
hear from cities on the dos and don'ts.
2:00 p.m. - 3:15 p.m.
Legislative Updates for Public Contracting and
Building Codes
This legislative session brought changes in public purchasing
and contracting procedures in addition to building codes
programs. This session will provide city officials with back
ground on the new laws and the tools for successful
implementation.
Online!
registration
n mailed to
10:15 a.m. - 11:45 a.m. those on the newslettsi r o~nlin
What Can LOC Do For Your City? You may also reg
www•orcities.org. New
Getting the Most Out of Your at conference information is
League Membership site regularly,
addedsto check back
This session will cover the many services
that LOC provides to assist cities, as well as often!
how to reap the most benefit from those I^ ^
2:00 p.m. - 3:15 p.m.
Successful Media Relations for Cities
This session will explore the strategies and
list. tactics used on a daily basis to build effective
e relationships with local and regional media.
City officials will discuss their best learning
experiences on issues that involved heavy
media attention. Attendees will also learn
the basic steps needed for a city of any size
to work pro-actively with the media assigned
to the city beat.
2:00 p.m. - 3:45 p.m.
Youth Advisory Council (YAC) Meeting and Youth
Delegate Workshop
In order to learn more about the local government decision making
process, the League's Youth Advisory Council (YAC) will host a
mock city council meeting. Each YAC member will assume a
different role -as city manager, council member or mayor. The
mock city council will then discuss two to three issues typical to a
moderately sized city. The YAC will also invite "real" elected
officials and city personnel to participate as concerned citizens.
Concurrent Sessions:
3:25 p.m. - 4:55 p.m.
Homeland Security Strategies
In these uncertain times, let Oregon's Office of Emergency
Management teach you the best way to slrategize regarding
homeland security issues. This session will teach you how to work
with your county, state and federal agencies, where to look for
homeland security resources, and how to best position your city to
receive federal grant money.
3:25 p.m. - 4:55 p.m.
Oregon's Political Landscape
With the dust barely settling from the 2003 legislative session,
come hear key legislators analyze a session that was contentious
and the longest in Oregon's history. The panel will reflect on the
session and offer thoughts on what comes next.
3:25 p.m. - 4:55 p.m.
The Industrial Lands Focus: What Does it Mean?
A major focus this legislative session was on the expansion of
project-ready industrial lands to enhance economic development in
Oregon. This session will provide city officials with information
about the new laws and available resources, as well as an
opportunity to hear important success stories.
3:25 p.m. - 4:55 p.m.
Small Cities Problem Solving
Small cities share many common problems and concerns. LOC's
Past Presidents Council is convening a panel of several mayors
and city administrators from small cities to lead a discussion of the
top 10 problems and issues that face small cities today. The panel
will exchange success stories and best practices used by small
cities in addressing and solving these problems. Following the
panel discussion, attendees will break into small working groups
where they can identify the main issues they face and what they
are doing to deal with them creatively. A representative from each
group will report their findings to the whole group. This session is
designed to be a hands-on activity dealing with very practical, real
and current problems resulting in specific solutions to take back to
your cities and pursue.
3:25 p.m. - 4:55 p.m.
Water and Wastewater Facilities: Cut Costs and
Save Energy
Water and wastewater facilities present some of the biggest
financial challenges facing cities today. Come hear about a new
technology that may help your city cut costs by saving energy when
building or upgrading a water or wastewater facility. You will also
hear about incentives available through the Energy Trust of Oregon
and other resources that can help minimize costs for local
governments and maximize savings.
3:25 P.M. - 4:55 P.M.
Dollars for Your City: Getting the Most Out of Your
Insurance Contributions
City County Insurance Services (CIS) provides insurance
coverage, employee benefits plans and risk management services
to all but five cities in Oregon. Come to this session and learn
how your city can take advantage of the various grants and
assistance programs available through CIS, reduce claims
experience, and lower future rate increases.
5:00 p.m. - 6:00 p.m.
City County Insurance Services (CIS) Annual
Safety Award Reception
Your are invited to join fellow city officials for hors d'oeuvres and
beverages to polish off a successful and long conference day.
The annual Safety Awards will be presented during this reception.
More details on the award program can be found at the CIS
exhibit booth.
6:30 P.M. - 1:00 P.M.
LOC Board of Directors Reception
6:30 P.M. - 11:00 p.m.
Reception and Awards Banquet, followed by entertain-
ment featuring "Johnny Limbo and the Lugnuts"
Our annual awards
banquet will feature the
presentation of the
James C. Richards,
Herman Kehrli and
Mark 0. Hatfield
Statesmanship Awards.
You won't want to miss
this wonderful opportu-
nity to dine with friends,
congratulate the award
recipients, and then
dance or listen to the
entertaining musical
performance of Johnny
Limbo and the Lugnuts,
who will be celebrating
their 25th anniversary
with us. !°L'° i .-<<,«da e.mC oFe
SUNDAY, NOVEMBER 16
8:30 a.m. -10:30 a.m.
LOC General Breakfast & Business Meeting
Final action will be taken at this meeting on resolutions and
proposed amendments to the Oregon Municipal Policy. The LOC
officers and board for 2004 will be elected. Each city is entitled to
cast one vote at the annual business meeting. Designated city
voting delegates should pick up voting cards at the registration
desk immediately prior to the business meeting. Following the
business meeting, winners of the Awards for Excellence and Good
Governance Award competitions will be announced.
League of Oregon Cities - Speaker Information
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Home Events LOC Annual Conference Speaker Information Printer Friendly
LEGISLATIVE
EVENTS
Speaker Information
CURRENT ISSUES
TRAINING
PUBLICATIONS
Governor Ted Kulongoski plans to address conference delegates at the Welcome
Ceremonies on Friday morning, Nov. 14. Plan to attend!
This Year's Forum to Examine the "Different Oregons"
=
Is Oregon really one state, or are we a group of different regions with different
. `
agendas? Is the "urban-rural divide" a reality, or is it over-emphasized? Are there
N®, t'ss"
other regional or geographic differences that are even more important?
will be the subject of a thought-provoking discussion at
l
d
ones
ate
These issues and re
the Forum program on Saturday morning, November 15. The chief political reporter
for The Oregonian newspaper, Jeff Mapes, has made a detailed study of the sub-
regions within our state and has concluded that there are actually nine distinct,
Add* Reads
identifiable regions in Oregon. He will be presenting a summary of his research,
describing the characteristics of each of the "nine Oregons," and leading a panel
discussion on the issue with participants from several different parts of the state.
Regardless of your city's size or location, this program will cause you to think about
our state in a different way-and perhaps challenge your thinking about who we are
and how we think in Oregon.
Catlett is Back!
By popular demand, Dr. Lowell Catlett will be joining us again this year as our keynote
speaker for the Saturday Lunch. Immediately following the luncheon session, Dr.
Catlett will conduct a special workshop as a follow-up to his keynote presentation. Dr.
Catlett, a professor at New Mexico State University, is an exciting futurist whose
knowledge of technologies and their implications on the way we will live and work is
addressed in his varied and upbeat presentations. His presentations are thought-
provoking and highly entertaining. Make plans now to attend this session; you won't
be disappointed!
Council/ Manager Training to Focus on Carver Governance Model
State-of-the-art governing asks our elected officials to have the courage to think
about the future while engaging the citizens in a meaningful dialogue, to delineate
and foster a true partnership with the city manager, to set the boundaries of staff
behavior, and to agree with each other about their own behavior. The value of this
model, called "Policy Governance' by its originator, Dr. John Carver, is that the
council has far more control of the destiny of the community, yet is far less entrapped
by its ongoing specifics.
Mike Conduff has been personally trained by Dr. John Carver in the Policy
Governance model and is a co-author of "The Policy Governance Fieldbook". He has
over 25 years experience in working with boards and improving organizations, having
http://www.orcities.orglevents/speaker.cfm 10/14/2003
This Site O
LEAGUE RESOURCES Search
THE CITY CENTER
League of Oregon Cities - Speaker Information
Page 2 of 2
served as the city manager of four university communities in Texas and Kansas.
Mike will lay out the elements of the Carver Governance Model in a full-day nuts and
bolts training session for mayors, city councilors and city administrative staff on
Friday, November 14. Don't miss this one; you won't be sorry! "My council used to be
completely dysfunctional; our meetings were a waste of time," a council member from
Georgia told me at a conference. 'Then we adopted the 'Carver Plan' and it turned
things around. Now I think we're really making a positive difference in our
community." This got me curious, and I looked into the Carver Plan. In the immortal
words of the Monkees, now I'm a believer. For this council/manager workshop to be
effective, it is critical that as many council members as possible attend; ideally, the full
council from each city should participate. You won't regret it the response from any
council/manager team that goes through this training will be "I wish we had done this
sooner." - Scott Lazenby, City of Sandy
League of Oregon Cities
1201 Court St. NE • Salem, OR 97301
800-452-0338 • 503-588-6550
Fax: 503-399-4863
Ioc@orcities.org
http://www.orcities.org/events/speaker.cfm 10/14/2003
Revised ounce President's gen a
TIGARD CITYCOUNCIL
MEETING
OCTOBER 14, 2003 6:30 p.m.
TIGARD CITY HALL
13125 SW HALL BLVD
TIGARD, OR 97223
PUBLIC NOTICE:
CITY OF TIGARD
OREGON
Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s).
If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda
item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set
for a future Agenda by contacting either the Mayor or the City Manager.
Times noted are estimated; it is recommended that persons interested in testifying be present
by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard
in any order after 7:30 p.m.
Assistive Listening Devices are available for persons with impaired hearing and should be
scheduled for Council meetings by noon on the Monday prior to the Council meeting.
Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD -
Telecommunications Devices for the Deaf).
Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments;
and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow
as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the
Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-
684-2772 (TDD - Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
COUNCIL AGENDA - OCTOBER 14, 2003 page 1
AGENDA
TIGARD CITY COUNCIL MEETING
OCTOBER 14, 2003
6:30 PM
STUDY SESSION
> City Attorney Review
EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to
discuss current or potential litigation under ORS 192.660(1 h). All discussions are
confidential and those present may disclose nothing from the Session. Representatives
of the news media are allowed to attend Executive Sessions, as provided by ORS
192.660(3), but must not disclose any information discussed. No Executive Session
may be held for the purpose of taking any final action or making any final decision.
Executive Sessions are closed to the public.
7:30 PM
1. BUSINESS MEETING
1.1 Cali to Order - City Council 8z Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications az Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
7:35 PM
2. PROCLAMATIONS
2.1 Proclaim October 2003 as National Arts and Humanities Month
Council
President: The arts and humanities enhance and enrich all our lives, and affect nearly every
aspect of American life including our economy, social problem solving, job
creation, education, creativity and community livability. With the concurrence of
this City Council, the City of Tigard declares October 2003 as National Arts and
Humanities Month.
COUNCIL AGENDA - OCTOBER 14, 2003 page 2
2.2 Acknowledge Islamic Heritage Day was held on September 28, 2003
Council
President: The City of Tigard supports the mission of the Muslim Educational Trust, an
organization dedicated to improving public understanding of Islam and to
dispelling the myths and stereotypes surrounding Islam. With the concurrence of
this City Council, the City of Tigard acknowledges that Sunday, September 28, 2003
was designated as Islamic Heritage Day.
7:40 PM
3. VISITOR'S AGENDA (Two Minutes or Less, Please)
7:40 PM
4. CONSENT AGENDA: These items are considered to be routine and may be
enacted in one motion without separate discussion. Anyone may request that an item
be removed by motion for discussion and separate action. Motion to:
4.1 Approve Council Minutes for August 12, August 26, September 9, and 16,
2003
4.2 Receive and File:
a. Council Meeting Calendar - October
b. Tentative Agenda
4.3 Amend Resolution No. 02-72 Appointing the Downtown Task Force to
Include Language Referring to a Tualatin Valley Fire and Rescue (TVFatR)
Representative - Resolution No. 9-M-5
4.4 Appoint Kenneth Dawson of Tualatin Valley Fire and Rescue (TVFBtR) to the
Downtown Task Force - Resolution No. ff3'j'=51
4.5 Appoint Barry Albertson as an Ex-Officio Member on the Park and Recreation
District Advisory Board Representing the Tigard-Tualatin School District -
Resolution No.
4.6 Appoint ]anet Gillis to the Tree Board - Resolution No. ^3.
4.7 Dedicate Right of Way - SW Beveland Street - Resolution No. P`
4.8 Approve an Amendment to the Personal Services Contract with Ramis, Crew,
Corrigan and Bachrach, LLP
• Consent Agenda - Items Removed for Separate Discussion: Any items
requested to be removed from the Consent Agenda for separate discussion
will be considered immediately after the Council has voted on those iterns
which do not need discussion.
COUNCIL AGENDA - OCTOBER 14, 2003 page 3
7:50 PM
5. UPDATE ON THE NEW TIGARD LIBRARY
Staff Report: Library Staff
e:oo PM - ZONE CHANGE ANNEXATION
8: PUBLIC HEARING (QUASI-IUD
(ZCA) 2003-0002 - BOHAN/COOPER ANNEXATION
REQUEST: The applicants are requesting to annex two (2) parcels of land
0
ZONE 1412
containing 1.9 acres into the City of Tigard.
Lots L600 OCATION: : 1900. 14115 K
SW Fern Street; WCTM 2S 104BC, Tax
Medium-Density Residential District. The R-7 zoning district is designed to
accommodate attached single-family homes, detached single-family homes re h or
without accessory residential units, at a minimum lot size of 5,000 squa feet,
rks
civic and obile home
and duplexes, at a minimum lot size 10,000
usesaare
and subdivisions are also permitted outright.
also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval
standards for annexations are
Chapter a222;
Comprehensive Plan Policies 21andIlO; Development
18.320 and 18.390, Comp
and Metro Code Chapter 3.09.
a. Open Public Hearing
b. Declarations or Challenges
Do any members of Council wish to report any ex parte contact or
information gained outside the hearing, including any site visits?
Have all members familiarized themselves with the application?
Are there any challenges from the audience pertaining to the Council's
jurisdiction to hear this matter or is there a challenge on the participation of
any member of the Council?
C. Staff Report: Community Development Staff
d. Public Testimony
For all those wishing to testify, please be aware that failure to raise an issue
accompanied by statements or evidence sufficient to afford the Council and
parties an opportunity to respond to the issue will preclude an appeal to the
Land Use Board of Appeals on this issue. Testimony and evidence must be
directed toward the criteria described by staff or other criteria in the plan or
land use regulation which you believe apply to the decision.
Proponents
page 4
COUNCIL AGENDA - OCTOBER 14, 2003
Opponents
Rebuttal
e. Staff Recommendation
f. Council Discussion
g. Close Public Hearing
h. Council Consideration: Ordinance No. 0O
Councilor:
I move.1br adoption c?f the proposed Ordinance.
Councilor:
1 second the motion.
Council
President:
Will the City Recorder please read the number and title of the Ordinance.
City Recorder:
(Reads as requested.)
Council
President:
Is there any discussion?
Council
President (after
i
Recorder please conduct a roll-call vote of Council.
Will the Cit
on):
discuss
y
City Recorder:
Conducts roll call vote.
Council
President:
~*Ordinance No. (is approved or fails) by a (unanimous or however votes
were split) vote.
Tie votes =failed motion.
8:20 PM
7. CONSIDER PROPOSED AMENDMENTS TO THE NEIGHBORHOOD SEWER
REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO. 01-
46)
Staff Report: Engineering Staff
Council Discussion
Council Consideration: Resolution No. a
Councilor: 1 move for adoption of the proposed Resolution.
Councilor: 1 second the motion.
COUNCIL AGENDA - OCTOBER 14, 2003 page 5
Council
President: Will the City Recorder please read the number and title of •the Resolution.
City Recorder: (Reads as requested.)
Council
President: Is there any discussion?
Council
President (after
discussion): All c f those in favor of adopting Resolution No. please saY "ccYe
Councilors:
Council please say All of (hose opposed to adopting Resolution No. . l Y Y
Councilors:
Council
President: Resolution No. _(is adopted or fails) by a (unanimous, or however votes
were split) vote.
Tie votes =failed motion.
8:25 PM
8. UPDATE ON THE TUALATIN RIVER BICYCLE AND PEDESTRIAN BRIDGE
Staff Report: Public Works Staff
8:35 PM
9. UPDATE ON BULL MOUNTAIN ANNEXATION PLAN
Staff Report: Community Development Staff
8:50 PM
10. COUNCIL LIAISON REPORTS
9:00 PM
11. NON AGENDA ITEMS
page 6
COUNCIL AGENDA - OCTOBER 14, 2003
9:10 PM
12. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If
an Executive Session is called to order, the appropriate ORS citation will be
announced identifying the applicable statute. All discussions are confidential and
those present may disclose nothing from the Session. Representatives of the news
media are allowed to attend Executive Sessions, as provided by ORS 192.660(3),
but must not disclose any information discussed. No Executive Session may be held
for the purpose of taking any final action or making any final decision. Executive
Sessions are closed to the public.
9:20 PM
13. ADJOURNMENT
1:ADWCATHY%CCA%20031031014). DOC
COUNCIL AGENDA - OCTOBER 14, 2003 page 7
AGENDA
TIGARD CITY COUNCIL BUSINESS MEETING - STUDY SESSION
October 14, 2003 - 6:30 p.m.
13125 SW Hall Boulevard, Tigard, Oregon
The Study Session 1s held In the Red Rock Creek Conference Room. Enter at the back of Town Hall. The
Coundl encourages Interested ddzens to attend all or part of the meeting. If the number of attendees exceeds
the capacity of the Conference Room, the Council may move the Study Session to the Town Hall.
6:30 PM
EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to
discuss current and pending litigation under ORS 192.660(1)(h). All discussions are
confidential and those present may disclose nothing from the Session. Representatives
of the news media are allowed to attend Executive Sessions, as provided by ORS
192.660(3), but must not disclose any Information discussed. No Executive Session
may be held for the purpose of taking any final action or making any final decision.
Executive Sessions are closed to the public.
STUDY SESSION
CITY ATTORNEY REVIEW
■ City Administration and City Attorney
ADMINISTRATIVE ITEMS
Status of Mayor Griffith
Addition to tonight's Consent agenda: "Item 4.8 - Approve Amendment to the Personal
Services Contract with Ramis, Crew, Corrigan et Bachrach, LLP
Status of the burned white house on City property
Portland General Electric - distribute information received
Review of status of removal of 1141 Barricade (Bull Mountain)
Make a Difference Day - Saturday, October 18, 9 a.m. - noon (Information distributed)
- TVFeXR Lunch - November 20 at the Fire Station at Noon
- League of Oregon Cities - Need to register and make reservations for accommodations for
those Council members who plan to attend - November 13-16
- Bull Mountain - review of meeting calendar
D Executive Session -
The Public Meetings Law authorizes governing bodies to meet in executive session in certain
limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part
of a meeting of a governing body, which is closed to certain persons for deliberation on certain
matters."
Permissible Purposes for Executive Sessions:
192.660 (1) (a) -
Employment of public officers, employees and agents,
If the body has satisfied certain prerequisites.
192.660(l) (b) -
Discipline of public officers and employees (unless affected person requests
to have an open hearing).
192.660(1) (c) -
To consider matters pertaining to medical staff of a public hospital.
192.660(l) (d) -
Labor negotiations. (News media can be excluded in this Instance.)
192.660(l) (e) -
192.660(1) (f) -
Real property transaction negotiations.
Exempt public records - to consider records that are "exempt by law from
public inspection." These records are specifically identified in the Oregon
192-6600) (g) -
Revised Statutes.
Trade negotiations - Involving matters of trade or commerce In which the
governing body is competing with other governing bodies.
192.6600) (h) -
Legal counsel - Executive session are appropriate for consultation with
counsel concerning legal rights and duties regarding current litigation or
litigation likely to be filed.
192.660(l) (1) -
To review and evaluate, pursuant to standards, criteria, and policy
directives adopted by the governing body, the employment-related
performance of the chief executive officer, a public officer, employee or
staff member unless the affected person requests an open hearing. The
standards, criteria and policy directives to be used In evaluating chief
executive officers shall be adopted by the governing body in meetings open
to the public In which there has been an opportunity for public comment.
192.660 (1) (1) -
Public Investments - to carry on negotiations under ORS Chapter 293
with private persons or businesses regarding proposed acquisition, exchange
or liquidation of public investments.
192.660 (1) (k)-
Relates to health professional regulatory board.
I.\ADm\cATHMOUNCILIPINK SHEET - STUDY SESSION AGENDAS\20031030923.D CC
Agenda Item No.
Meeting of /0- D<
PROCLAMATION
National Arts and Humanities Month
WHEREAS, the arts and humanities enhance and enrich the lives of all Americans; and
WHEREAS, the arts and humanities affect every aspect of life In America today Including the
economy, social problem solving, job creation, education, creativity, and community livability;
and
WHEREAS, the nation's 23,000 cultural organizations, the National Endowment for the Arts,
the National Endowment for the Humanities, the Institute of Museum and Library Services, the
nation's 3,800 local art agencies, the arts and humanities councils of the 56 states and U.S.
jurisdictions, and the President of the United States will be encouraged to participate in this
celebration; and
WHEREAS, the month of October has been recognized as National Arts and Humanities Month
by the United States Conference of Mayors;
NOW THEREFORE BE IT RESOLVED THAT 1, James E. Griffith, Mayor of Tigard, on behalf
of the entire City Council, do hereby proclaim:
October 2003 as
National Arts and Humanities Month
in the City of Tigard and urge all Tigard residents to participate in and to celebrate the cultural
riches our community hat to offer.
Dated this day of 2003.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard
to be affixed.
James E. Griffith, Mayor
City of Tigard
Attest:
City Recorder
Agenda Item No. 2• Z
Meeting of /D _ /
PROCLAMATION
Islamic Heritage Day
WHEREAS, the mission of the Muslim Educational Trust Is to provide information about Islam to
both Muslims and non-Muslims, to enrich public understanding of Islam, and to dispel common
myths and stereotypes about Islam; and
WHEREAS, the Muslim Educational Trust serves the Muslim community's educational needs and
helps create generations of well adjusted, committed Muslims who are able to face the challenges
of modem life with pride, dignity, and confidence In the Islamic path; and
WHEREAS, the Muslim Educational Trust Is focused on Islam as a faith, a cultural heritage, a
moral code, and a way of life; and
NOW THEREFORE BE IT RESOLVED THAT 1, James E. Griffith, Mayor of Tigard, on behalf
of the entire City Council, do hereby acknowledge that Sunday, September 28, was designated as
Islamic Heritage Day
in Tigard, in recognition of the Muslim Educational Trust's contributions to the education of the
broader community.
Dated this day of
2003.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard
to be affixed.
James E. Griffith, Mayor
City of Tigard
Attest:
City Recorder
AGENDA ITEM NO. 3 - VISITOR'S AGENDA DATE : OCTOBER 14, 2003
(Limited to 2 minutes or less, please)
Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues
not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager
prior to the start of the meeting. Thank you.
NAME, ADDRESS S PHONE
TOPIC
STAFF CONTACTED
VISITOR'S AGENDA
Page 1
' c
'~44
's riuti^C,.e a.
3v nti'!"~jy t
Advisory
Tigard High Leadership
9000 SW Durham Road • "Tigard • Oregon • 97224
(503) 431-5518 • FAX (503) 43 1-54 10 • http://ths.ttsd.kl2.or.us/leadership/home.html
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Academics
Back to School Night, Wednesday, Sept. 24th
Over 1000 parents, (tress code fashion show
Academic Awards Nights
Wednesday, Oct. 22'"1 7-9pm
Arts
Variety Show, Fundraiser for Choir and Theater
Friday, Oct. 10`x' in the Deb Fennel Au(itorium
Raised $400 for the two groups
Fall Musical "Pippin"
$10 adults, $7 students and senior citizens
November 14, 15, 20, 21, 22, at 7pm
Athletics
Girls Soccer
Tigard vs. Tualatin, Tigard Wins! (2-1)
Ranked #1 in the league
Tigard will be the host of the State Soccer Championships: Nov. 15'x'.
Football ranked #3 in league
Cross Country
Boys, ranked 43
Girls, ranked 44
Water Polo, Girls, ranked #4
Activities
English Language Learners (ELL) BBQ
Friday, September 26`x', Cook Park, Over 70 students attended
Homecoming!
Parade had over 35 groups participating
Dance brought in $4000
Fall Blood Drive
Monday, October 27`x', 7:30am-12:30pm in the Deb Fennel Auditorium
Halloween Rooms
Friday, October 31'`, 5-7pm. Open to community
Canned Food Drive: November 11 `h-22°d
"Expecting Excellence"
THS Leadership '03 -'04 Mission
Statement
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor and City Council
FROM: Greer Gaston
DATE: September 24, 2003
SUBJECT: Executive Session Notes
Executive Session notes from the August 12, 2003 Council meeting are enclosed for your
review. If there are no comments regarding these notes, I will ask Mayor Griffith to attest to
my signature at the October 14, 2003 meeting.
HAEXEC SESSION\TRANSMITTAL MEMO ES NOTES.DOC
Executive Session Notes
City of Tigard City Council
August 12, 2003
Executive Session was convened at 6:30 p.m. to discuss real property transaction
negotiations and pending and current litigation and under ORS 192.6600 e ) and
(1 h).
City Council Present: Mayor Griffith; Councilors Dirksen, Moore, Sherwood and
Wilson
Topic: Pending and Current Litigation -Newman
City Manager Monahan discussed the highlights of an August 8, 2003 memo
regarding the outcome of the Jim Newman arbitration case. Mr. Monahan stated
that overall, the decision was a positive one for he city. Although Mr. Newman will
be reinstated, he will receive no back pay, is demoted from senior utility worker to
utility worker 11, and, as the losing party, the union is responsible for paying the
arbitrator's fees and expenses. Public Works Director Wegner will oversee Mr.
Newman's reinstatement.
Topic Pending and Current Litigation - Brown
Mr. Monahan stated a settlement had been reached today in the Jimmy Brown
case. The city admitted no liability and the city's insurer will pay the settlement
costs. Mr. Monahan informed the Council that information about the case may
appear in the press, and noted concerns raised by the case have been addressed.
Too1c• Real Proper Transaction Negotiations - Alberta Rider
Discussion of an email from Rece Bly to Dominic Colletta regarding the Alberta
Rider Intergovernmental Agreement (IGA) occurred. The email addressed nine
topics. The Council was also provided with a memo from Engineering Manager
Brian Rager to Assistant Public Works Director Dennis Koellermeier addressing the
city's position on each of the nine points contained in the email. Conditions of the
agreement are generally acceptable, but some minor changes may be necessary.
district. Mr. the memo and reported the city has an
Mr. Rer detailed the
easement from the s Wegner stated the Intergovernmental Water
Page I
Executive Session Notes - August 12, 2003
HAEXEC SESSION\030812ES.DOC
Board would review the proposed IGA and then the agreement would be
forwarded to the attorneys for finalization.
Mr. Rager noted construction of the city project and the school would occur
concurrently. He reported the school district wants the city's project to be
completed by April or May of 2005.
Topic• Pending and Current Litigation - Martin
City Attorney firestone updated the Council on the Martin issue. Mr. Martin Sr. is
negotiating with PacTrustnoSr land parcels. MreMartin J .lmay not
owned by both Mr. Marti
agree to the sale of the shared parcels.
Since their case has been rejected, the Martins have 30 days to pay or sign a long-
term contract. Mr. Martin Sr. had asked the city to finance the accrued interest,
but the city has informed him it was unable to provide such financing.
There should be progress on the issue in the next month, either a hearing will be
held on September 2, 2003, or a judgment will be signed.
Executive Session adjourned at 6:49 p.m.
Submitted by:
Greer A. Gaston, Deputy City Recorder
Attest:
]a s . Griffith, Mayor
Date:
HAEXEC SESSION\030812ES.DOC
Page 2
Executive Session Notes - August 12, 2003
HAEXEC SESSION\030812ES.DOC
0
MEMORANDUM
CITY OF TIGARD, OREGON
CONFIDENTIAL
TO: Honorable Mayor & City Council
FROM: Bill Monahan t
DATE: August 8, 2003
SUBJECT: Arbitrator's Opinion and Award
The arbitration case of SEIU, representing Public Works Senior Utility Worker JNewman
Newman, versus the City was decided on Monday. As Council may recall, Mr.
was terminated on November 20, 2002, for a number of infractions. The alleged
infractions centered on a claim made by a female seasonal employee that Mr. Newman
forced her to have sexual intercourse with him. The complainant worked on Mr.
Newman's crew under his supervision.
The arbitrator's decision is very favorable to the City, but not completely what the City
requested. I am very pleased with the outcome as it validated almost all of the City's
actions. We will be able to make considerable gains in our efforts to maintain a safe and
professional workplace.
The arbitrator partially granted the grievance of the Union by reinstating Mr. Newman. The
arbitrator ruled that since Mr. Newman was a 14-year employee who had not been
disciplined in the past and had been promoted, the discipline was not appropriate. In
addition, we were not able to prove that the sexual relationship took place during work
hours, nor that the complainant was forced into the act. Mr. Newman will be reinstated on
August 18 .
While Mr. Newman was reinstated, however, he is reinstated as:
1) A Utility Worker II not a Senior Utility Worker, and
2) WITHOUT back pay.
Finally, the Union is the "losing party" responsible for the arbitrator's fees and expenses.
The arbitrator was authorized to establish an appropriate remedy. His remedy, while not
termination, sends a strong me Worker is the emloyee and Union not ac ceptable (thus, the) and is
performance as a Senior Utility
extremely serious, placing the City at great risk (the loss of nine months pay). The
arbitrator was quite concerned that Mr. Newman was not forthcoming with truthful
3
information, hindering the City's efforts to investigate a serious accusation. By hindering
the investigation, it is possible that Mr. Newman, following the advice of the Union, caused
the City to impose a greater penalty (the termination). If he had been truthful from the
beginning, his discipline might have been less than or equal to that of the arbitrator and he
might not have lost nine months of salary.
attach Page 24 of the Decision only, the Award. Should you wish more details of the
arbitrator's decision, please let me know.
c: Ed Wegner
Sandy Zodrow
H:WR ISSUESWRBITRATION DECISION - NEWMANAOC
~d8/06/2003 10:20 5032248851 BSJW LAW PAGE 25
i
AWARD
1. For the reasons stated herein, the grievance is PARTIALLY GRANTED.
2. Grievant shall be reinstated as a Utility Worker II within 14 days WITHOUT back'pay.
3. For the reasons stated herein, Union is the "losing party" and is responsible for the
Arbitrator's fees and expenses related to this arbitration.
4. 1 retain jurisdiction for a period of 60 days to resolve any remedy issues.
Respectfully submitted this 4th day of August 2003.
William F. Reeves,
Arbitrator
Certificate of Service: The undersigned hereby certifies that on the 41" day of August , 2 true and correct copy of
this Opinion and Award was mailed to the following: Kenneth Bemis and Elizabe r.
by
char D 'e"bWyFdc1WPDOCSVABLABOR%Ciey 0('MW & MU Coal SW, 0PEV4y10loo& Aw.,d. spa
Arbitrator's Opinion & Award
SEIU Local 503 & City of Tigard (Jim Newman Grievance)
Page 24
RAMIS CREW PAGE 02
08/07/2003 10:47 5033060290 Pagel of 2
1 -
Dominic Colletta - Alberta Rider Intergovernmental Agreement
=41rl"tin**I "T%=`2191q'lx"*"iAMp*tvity APS'+'=4uwlAYl"lik!AlA*..-U lcC ^ t:i.YiYlYW*41" IA-.:I rl".11:&~MAY W-t,"MW..%%Wzw-.,I'GRSV2z'C'ifeA#4".%'*;.""%Nk"W..,t7'Jx71
from: "Bly, Rece" <Rece.BIV*MI11erNash.com>
To., "Dominic Colletta (E-mail)" <dominicc@rccb,com>
Date: 8/4/2003 4:01 PM
Subject: Alberta Rider Intergovernmental Agreement
The following are some basic requirements for the IGA:
1. A demonstration of adequate funding for the City's project.
2. A list of qualifications and experience of the City's management and
consultants demonstrating their ability to perform and manage the work.
3. Schedules. Since the District can be damaged by significant slippage in
the City's schedule, the District should have the right of review and
approval.
4. The District should have the right to review and approve the City's
designs and contracting processes. It may also be prudent for the District
to utilize some type of minimal engineering peer review to monitor the
City's project designs and progress.
5. A bond, escrow account or other method of surety that will provide the
District a means to complete the City's project (or re-construct the
District's site) in the event the City defaults or has funding woes.
6. A concise plan for ongoing monitoring and maintenance of the City's
structures and utilities.
7. Fair and reasonable compensation. The District suggested $200K, which
the City has said was fair.
8. No transfer or assignment to water districts or other entities without
prior approval by the District.
9. The District has declined to Indemnify the City for the use of the
District's own property to operate a public school.
Rece Bly
Miller Nash LLP
3400 U.S. Bancorp Tower
iii S.W. Fifth Avenue
Portland, Oregon 97204
(503) 205-2510
mailto•rece blygmillernash.com
htto •//www. millemash.com
Confidentiality Notice: This e-mail message may contain confidential
and privileged information. If you have received this message by
mistake, please notify us immediately by replying to this message or
telephoning us, and do not review, disclose, copy, or distribute it.
file://C:\Documents%20and%20Settingslme\Local°/a2OScttings\Temp\GW)o0001.HTM 8/7/2003
08/07/2003 10:47 5033060290 RAMIS CREW PAGE 01
Se;;SICYYI
g-IZ-U3
RAMIS FACSIMILE TRANSMISSION COVER SHEET
CREW
CORRIGAN &
a
F-
_J
LU
J
ATTORNEYS AT LAW
1727 N.W. Hoyt Street THIS ON INTENDED ONLY OR THE U O USE OFITOHENNDIV DUAL OR ENTITY NAMED BELLOW.
Portland, Oregon 97209 OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR
(503) 222-4402 IF THE READER , AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY
COMMUNICATION
Pa:: (503) 243-4944 NOTIFIED THAT ANY DISSEMINATION , DISTRIBUTION OR COPYING OF THIS
IF Y HAVE RECEIVED THIS COMMUNICATION IN ERRC
IS STRICTLY PROHIBITED. ~Ru,sF
IMM OIATELYNOTIFYUSBY EOLEPHONEANDRE URNTHEORIGINALMESSAGF AT THE
ABOVE ADDRESS VIA THE U.S POSTAL SERVICE. THANK YOU.
CLIENT NO.: 90024-9
DATE: August 7, 2003
TO: Brian Ragcr
FAX NO.: (503) 684-8840 TELEPHONE NUMBER: (503) 639-4171
FROM: Dominic G. Colletta
DESCRIPTION OF DOCUMENT TRANSMITTED: My e-mail to Rece Bly dated August 4, 2003 concerning the
Alberta Rider Intergovernmental Agreement.
COMMENTS: For your review and comment.
2 PAGE(S) TO FOLLOW, EXCLUDING COVER SHEET.
IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL THE UNDERSIGNED AT (503) 222-4402
DANIEDIATELY. THANK. YOU.
SIGNED: Ginny Leiker, Legal Assistant
(XX ) AN ORIGINAL IS AVAILABLE UPON REQUEST
) AN ORIGINAL IS BEING MAILED
exec
8- ~Z-v3
MEMORANDUM
CITY OF TIGARD, OREGON
DATE: August 12, 2003
TO: Dennis Koellermeier, Assistant Public Works Director
FROM: Brian Rager, Engineering Manager
RE: Rece Bly E-mail, Dated 8/4103
Below are responses to each of the nine requirements in Mr. Bly's e-mail.
Adequate funding:
• Based on preliminary estimates for the reservoir project, we anticipate the cost of
the project to be approximately 4.2 million dollars. In the FY 2003/2004 budget, we
have budgeted 1.8 million dollars from the Water CIP Fund, and another 1.9 million
dollars from the Water SDC Fund, for a total of 3.7 million dollars available. The
balance of the project costs will be budgeted in the FY 2004/2005 budget.
Therefore, we have adequate funds to complete this project.
• The City also has the option of selling limited obligation revenue bonds to help with
the project financing. A bond sale of this type, which is approvable by Council, is
anticipated in the FY 2003/2004 budget.
2. Qualifications and experience of City team:
Brian Rager's experience:
L Worked 1.5 years for a Portland contractor as a Project Coordinator.
Familiar with budgeting, scheduling, quantity take-offs and subcontractor
procurement and coordination.
ii. 12+ years for two local municipalities in development review. Very familiar
with the land use process, construction process, neighborhood issues, etc.
iii. Current position in PW will allow him to focus much of his time on the project
at hand. This is not a situation where the City is taking a staff person and
adding project management to their existing full-time position.
• MSA Experience: We can provide a copy of their team information from their
Proposal.
3. Schedules:
Just as the District can be damaged from delays on the City's part, the City can be
financially damaged due to delays on the District's part. The issue at hand is
getting the two projects into the CUP process. Our latest schedule, which was
updated from when we sent the first list of requirements to Dom, shows that CUP
application could begin in mid-September, 2003, with a reservoir completion date of
around May 30, 2005. If they want us out of the way by May 1, 2005, then CUP
application should be taking place by mid-August, 2003. Obviously, since the
District and City have not conducted a neighborhood meeting yet, a mid-August
application will not be achieved. So, if we experience delays from the District, but
they still want us to meet their deadline, our costs for the project will go up. Does it
seem fair that they would still be entitled to the $200,000 that has been informally
agreed to? It seems that the $200,000 should be contingent on their cooperation
and avoidance of delays that impact our schedule. Any increase in our projects
costs due to their delays should result in an equal decrease in their compensation
amount.
We are certainly willing to share our schedules with them, as we have to date.
4. Right of District to review City designs and contracting:
• 1 see no problem with this so long as they do not delay our schedule. The District
will not have the power to approve or deny our plans. They, as well as any other
member of the public, have a right to review our plans. We can state very clearly
that our reservoir will be constructed to meet or exceed industry standards, as well
as other applicable local or state construction codes.
• Minimal engineering peer review is at their cost and again, can not be allowed to
lengthen our schedule.
5. Bond or escrow account to cover City project:
• The City should not incur the cost of a bond to guarantee our work. If we answer
Question #1 above, and agree in the IGA to complete the project, that should be
adequate.
6. Concise plan for ongoing monitoring and maintenance of City structures,
utilities:
• The City will have continuous 24/7 telemetry monitoring at the facility, to include
measurements of ph, turbidity, chlorine residual, conductivity, pressure. The
system also addresses reservoir levels, security and automated valve position and
control.
• The City will perform weekly visual inspections of the facility, with emphasis on
security, vandalism, etc.
7. Fair and reasonable compensation:
1 think we need to stick to the concept of a voucher system, where we place
$200,000 into an account for use only on the Ryder site. These funds are available
until either expired, or when the project is finished. Any amount remaining will be
returned to City accounts.
• Again, if delays on their part negatively impact our schedule and increase our
project costs, it seems that the voucher amount should decrease by that same
amount.
g. No transfer or assignment of easement without District approval:
• This topic has been discussed before. We agreed.
PAGE 2
9. District will not indemnify the City for use of District site:
• The original draft of the IGA, as prepared by the District, included an indemnity
clause purely in the District's favor, should any action by the City's part in operation
of the reservoir cause damage to the District's parcel.
• Our attorney suggested an equalizing indemnity statement whereby the District
would hold the City harmless for any damages caused by the District's use of the
easement area. We are not asking them to indemnify us for their use of the school
site, as suggested by Mr. Bly's comment. We only want indemnity for the easement
area. Why? Because the District plans to use the easement area for part of their
play area.
• Conclusion: A mutual indemnity clause should be included in the agreement.
PAGE 3
AGENDA ITEM #
FOR AGENDA OF:
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Mayor and Council
FROM: Cathy Wheatley
DATE: October 1, 2003
SUBJECT: Three-Month Council Calendar
Regularly scheduled Council Meetings are marked with an asterisk
aa,
October 14, 2003
r ~ ;wa
7 Tues Special Council Meeting with County Board - 6 p.m.
14* Tues Council Meeting - 6:30 p.m.
Business Meeting with Study Session
20 Mon Special Council Meeting with School Board and Tualatin City
Council - 6:30 p.m. - Water Auditorium
21* Tues Council Workshop Meeting - 6:30 p.m.
28 • Tues Council Meeting - 6:30 p.m.
Business Meeting with Study Session
4 Tues Soecial Council Meeting 6:30 p.m.
11 * Tues Veterans Day Holiday - Council Meeting Canceled
18 * Tues Council Meeting - 6:30 p.m.
Business Meeting with Study Session
25 * Tues Council Workshop Meeting - 6:30 p.m.
..:.i.....,A.-...,.,-..,.._.. _ r.. ^F1%
~RG.e~.°„~.-i..~..n .aGr'ctf.`x.ca.i'~..Sela,~J.
2 Tues Special Meeting - 6:30 P.M.
g* Tues Council Workshop Meeting - 6:30 p.m. - May be canceled.
16 * Tues BCouncil Meeting - 6:30 p.m.
usiness Meeting with Study Session
23 * Tues Council Meeting - 6:30 p.m.
Business Meeting with Study Session
Christmas Week - Meeting may be canceled.
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AGENDA ITEM #
FOR AGENDA OF 10/14/03
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Amend Resolution 02-72 Appointing the Downtown Task Force to Include
Language Referring to a Tualatin Valle Fire and Rescue TVF&R re ntat've
Y MGR OK
PREPARED BY: Beth St. Amend DEPT HEAD OK
Amend Resolution 02-72 to add language including a Tualatin Valley Fire & Rescue representative on the Task
Force. The original resolution included the representative by name instead of by affiliation.
STAFF RECOMMENDATION
Amend Resolution 02-72 to include language referring to a TVF&R representative.
INFORMATION SUMMARY
As TVF&R is one of the City's government partners for the downtown, the resolution needs to specify that the
Task Force composition will include a TVF&R representative. The original resolution included the
representative by name, not by affiliation, and that individual has now been transferred.
Amending the resolution will eliminate future revisions if staffing changes again occur at TVF&R, and will
guarantee that a TVF&R representative will sit on the Task Force.
OTHER ALTERNATIVES CONSIDERED
None.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Community Character and Quality of Life/Central Business District Goal #1, Provide opportunities to work
proactively with Tigard Central Business District Association (TCBDA) businesses and property owners and
citizens of Tigard to set the course for the future of the central business district.
I:\LRPLN\beth\Downtown\Council 2003\10 14 03 DowntownTF AiS.doc
ATTACHMENT LIST
Attachment 1: Proposed Resolution
Attachment 2: Resolution 02-72
FISCAL NOTES
N/A
I:\LRPLN\beth\Downtown\Council 2003\10 14 03 DowntownTF AIS.doc
Attachment 2
CITY OF TIGARD, OREGON
RESOLUTION NO. 02- -2.
A RESOLUTION TO FORM THE DOWNTOWN TASK FORCE AND APPOINT MEMBERS TO THE
TASK FORCE.
WHEREAS, Washington County and TriMet-along with Tigard, Beaverton, Tualatin, Wilsonville and
other regional partners-- - are planning a Commuter Rail train system that would carry commuters from
Wilsonville to Beaverton beginning in 2005; and
WHEREAS, as part of those plans, Tigard would have a Downtown station; and
WHEREAS, the Downtown Commuter Rail station will be located adjacent to the existing Transit Center
and will front Main Street, thus bringing riders into Downtown; and
WHEREAS, in May 2002, the City invited all Downtown business and property owners to a Commuter
Rail informational meeting with project leaders Washington County and TriMet to discuss how Commuter
Rail can act as a catalyst for other Downtown improvements; and
WI IEREAS, a consistent group of Downtown property and business owners and other interested parties
met again in June, August and October to review the station-area plans, working closely with Washington
County and TriMet to influence the Downtown station's development; and
WHEREAS, one of the City Council's Goals is to plan for the Commuter Rail station; and
WHEREAS, the City Council plans to also develop long-range plans for revitalization and economic
development in the area; and
WHEREAS, to recognize and support this group's work effort, Council suggcstcd that the "mup be
formalized as the Downtown Task Force. The Downtown Task Force shall consist of up to 12 citizen
members.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Downtown Task Force
following individuals: Chair:
Brian Bishop; Martha Bis1
Henderson; Chris Lewis;
Stevenson; Dr. David Torkko.
is hereby established and its members shall consist of the
City Councilor Craig Dirksen; Members: Carolyn Barkley;
pop; Alexander Craghead; Francine Gritzbaugh; Marland
Mike Duyck (TVF&R); Mike Marr; Judy Munro; Mike
RESOLUTION NO. 02 - 72-
1'age 1
SECTION 2: The Task Force will work closely with Washington County and TriMet to influence the
station's development and appearance. The Task Force will also examine Downtown
infrastructure nnprove ments, including pedestrian and vehicular circulation, as outlined in
Exhibit "A".
SECTION 3: The Task Force will develop a workplan to address other revitalization and economic
development needs of the area.
SECTION 4: The timeline for this work in Section I is not anticipated to exceed 18 months.
SECTION 5: The timeline for completion of the long range program will be developed along with the
workplan identified in Section 3.
SECTION 6: This resolution is effective immediately upon passage.
o - day of~Alpy.~ 2002.
PASSED: This 19 /101
a r - City f rd
ATTEST:
9
Deputy City Recorder - City of Tigard
RESOLUTION NO. 02 -
Page 2
do .0
AGENDA ITEM # L(• `1
FOR AGENDA OF 10/14/03
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Approve Resolution to Appoint Kenneth Dawson of Tualatin Valley Fire and
Rescue (TVF&R) to the Downtown Task Force
PREPARED BY: Beth St. Amand DEPT HEAD OK Y MGR OK
ISSUE BEFORE THE OUNCIL
Appoint Kenneth Dawson of TVF&R to the Downtown Task Force to replace Mike Duyck of TVF&R, who has
been assigned to a new station.
STAFF RECOMMENDATION
Approve resolution appointing Kenneth Dawson to the Downtown Task Force to serve as the Tualatin Valley Fire
and Rescue representative.
INFORMATION SUMMARY
Tigard City Council appointed the Downtown Task Force in November 2002 to consist of up to 12 citizen
members. The original Task Force appointment included Mike Duyck, a representative from Tualatin Valley
Fire & Rescue (TVF&R), one of the City's government partners for the downtown. In July 2003 Mr. Duyck
was re-assigned and Kenneth Dawson named captain of the Tigard station.
OTHER ALTERNATIVES CONSIDERED
None.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Community Character and Quality of Life/Central Business District Goal #1, Provide opportunities to work
proactively with Tigard Central Business District Association (TCBDA) businesses and property owners and
citizens of Tigard to set the course for the future of the central business district.
ATTACHMENT LIST
Attachment 1: Proposed Resolution
FISCAL NOTES
N/A
I:\LRPLN\beth\Downtown\Council 2003\10 14 03 Dawsonappt AIS.doc
AGENDA ITEM # `r • 5
FOR AGENDA OF October 14.2003
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Appointment of Bga Albertson as an ex-officio member on the Park and Recreation
Adviso Board representing the Tigard-Tualatin School District
PREPARED BY: Susan Koepping!!@c DEPT HEAD OK (,4_,~_ CITY MGR OK X2_
ISSUE BEFORE THE COUNCIL
Appointment of Barry Albertson as an ex-officio member on the Park and Recreation Advisory Board to represent
the Tigard-Tualatin School District
STAFF RECOMMENDATION
Appoint Barry Albertson as an ex-officio member of the Park and Recreation Advisory Board to represent the
Tigard-Tualatin School District
INFORMATION SUMMARY
The Tigard Park and Recreation Advisory Board was activated by action of the Tigard City Council on April 22,
2003. Non-voting ex-officio members may be appointed by the Tigard-Tualatin School District and such other
bodies as the mayor deems appropriate. The school district has nominated Barry Albertson, a school board
member, to serve as their representative. The resolution before the council would appoint Mr. Albertson.
ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Goal: City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our
community.
ATTACHMENT LIST
Resolution appointing Barry Albertson to ex-officio position representing Tigard-Tualatin School Disctrict
Information about the candidate
FISCAL NOTES
There is no financial impact associated with this action.
Information on Barry Albertson appointee to the Park and Recreation Advisory Board
Barry Albertson has been a member of the Tigard-Tualatin School Board for
approximately two years, and has resided in the Tigard area for over 13 years. The
Albertson family lives on Bull Mountain. A partner in a local medical clinic, he
received his Masters degree from William and Mary, and his PhD at Boston University.
I:\ADM\SUSANK\TASKFORC%TASKFORCE 1TARKS&RECADVISBRDWLBERTSON BIO'03.DOC
AGENDA ITEM # '4, C-O
FOR AGENDA OF October 14, 2003
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE A )point Janet Gillis to the Tree Board.
PREPARED BY: Susan Kgopin DEPT HEAD OK_ bj 2. CITY MGR OK 16aT
ISSUE BEFORE THE COUNCIL
Appoint Janet Gillis to the Tree Board.
STAFF RECOMMENDATION
Appoint Janet Gillis to the Tree Board.
INFORMATION SUMMARY
Janet Gillis was originally appointed to serve as alternate to the Tree Board in April 2003. The resolution before
the City Council would appoint Ms. Gillis as a member of the Tree Board to complete the term that was initiated by
Steve Varga. Mr. Varga's schedule changed and he was unable to attend board meetings. His resignation was
received September 22, 2003. This term expires April 30, 2007.
OTHER ALTERNATIVES CONSIDERED
none
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Goal: The city will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our
community.
ATTACHMENT LIST
Resolution appointing Janet Gillis to the Tree Board to complete a term initiated by Steve Varga
Information about the candidate
FISCAL NOTES
There is no cost associated with this action.
Biographical information on Tree Board Appointee
October 14, 2003
Janet Gillis resides on the west side of Tigard and has lived in this community for 15
years. She is currently employed using her healthcare administration knowledge. She
was appointed as an alternate to the Tree Board in April, 2003. Even before being
appointed an alternate to the Tree Board, Janet volunteered during tree planting events.
AGENDA ITEM # q -7
FOR AGENDA OF October 14, 2003
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Right-of-way dedication for SW Beveland Street
PREPARED BY: G. Berry DEPT HEAD OK_ CITY MGR OK
ISSUE BEFORE THE COUNCIL
Shall City Council dedicate additional right-of-way for SW Beveland Street?
STAFF RECOMMENDATION
That City Council approve the attached resolution authorizing the City Manager to sign the attached Dedication
Deed.
INFORMATION SUMMARY
On March 9, 1999, Council adopted Ordinance 99-07 forming a Local Improvement District to construct street
improvements in the SW 69`h Avenue area. Improvements included the extension of SW Beveland Street from
SW 68`h Avenue to SW 69th Avenue. The project was completed in April 2000.
The improvement of Beveland Street required purchase of land from two owners. The first owner conveyed a
portion of the required land to the City through the attached September 17, 1999, warranty deed. The remaining
portion of the required land from the second owner was conveyed to the City as a result of the attached October 25,
2000 judgment. The land transferred by this judgment included land in addition to that required for the street. This
remainder parcel has been sold as surplus property as described in the attached June 27, 2002 statutory bargain
and sale deed.
As a result of the two conveyances to the City, the street improvements currently occupy City-owned land. The
attached proposed dedication deed conveys title from the City to the public to create right-of-way for the street
improvements.
OTHER ALTERNATIVES CONSIDERED
Not applicable
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Not applicable
ATTACHMENT LIST
Attachment 1: Proposed Resolution
Exhibit 1: Dedication deed
Exhibit A: Legal description and map
Attachment 2: September 17, 1999 Warranty Deed
Attachment 3: October 25, 2000 Judgment
Exhibit 1- Legal Description
Attachment 4: June 27, 2002 Statutory Bargain and Sale Deed
Revised Exhibit A- Legal description with map
FISCAL NOTES
Not applicable
j.WrOVM%b daod dedjcwwm wp OWN14-0+ ewemro dear m.ax
Attachment 2
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After recording return to:
Amy Chesnut
Ramis Crew Corrigan & Bachrach
1727 N .W. Hoyt Street
Portland. Oregon 97209
Until a change is requested all tax statements
shall be sent to the following address:
City of Tigard
13125 SW Hall Blvd.
TigarA OR 97223
Escrow No. 99051565
Title No. 883913
STATE OF OREGON l SS
County of Washingl f
I, Jerry ne,QJNf j0. Counly
ment and n nify that
Clark for y~ r ~y aceived
the wit oR1 of said
and re rEa ,t,a~ c •t;
county. *"-.~.Y\; y 't r
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Ex-
Doc : 99107527 11.00
Rect: 240234
09/17/1999 03:37:22ptn
STATUTORY IVA PMNTY DEED
1 1 T ROTH, JR. and THERESA ROTH, Grantor, conveys and warrants to CITY OF TIGARD, AN
M OREGON MUNICIPAL CORPORATION, Grantee, the following described real property free of liens
and encumbrances, except as specifically set forth herein:
~O LOTS 15 AND 16 AND THE SOUTH 10 FEET OF LOT 14, BLOCK 29, WEST PORTLAND
HEIGHTS, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE OF OREGON.
O TOGETHER WITH ALL OF GRANTOR'S RIGHT TITLE AND INTEREST IN AND TO THAT
Z CERTAIN EASEMENT AGREEMENT DATED DECEMBER 10, 1996 AND RECORDED JANUARY
17, 1997 AS FEE NO. 97005545, THE PURPOSE OF WHICH IS TO EXTINGUISH SAID
O EASEMENT.
U-- This property is free of liens and encumbrances, EXCEPT:
Taxes for the fiscal year 1999-2000 a lien not yet payable;
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE
TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS
ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
The true consideration for this conveyance isS77.000.00 (H-C-ply WnhNereg0,,-.ud0RS93010)
Dated this ' ` I day of Je0-eM b-e P-
~'lJl~, Ln 3 ,~►.J Il..~ 3 vt~
T ROTH,JR. THERESA ROTH
STATE OF OREGON i
County of WASHINGTON } ss.
This instrument was acknowledged before m on this 1 7 day of SEPTEMBER, 1999
by J. T. ROTH JR. AND THERESA RO
ry Public for Oregon
SEIL My commission expires: z 43i~-
UNDA L MC ?:M
:AN
NOTIRr R)Bl1C OGON
COMMt$StOtl N0.111N
MV OOMMISSfON EX.°IRE$ FEI1.29.2001
_ Attachment 3
2
3
4
• VIIIMIINIII~UIIIIIIIV
2002-31437
oqE~' SHUH c 4C Fo
?Q~~CT25 p °~~HrYhfHT
y2j~5
5
6
7
8
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF WASHINGTON
CITY OF TIGARD, a municipal )
corporation, ) Case No. C990746CV
Plaintiff,
JUDGMENT
V.
9
STEPHEN PEIRCE, LYNN L. PEIRCE,
10 BENEFICIAL MORTGAGE
CORPORATION,
11
Defendants.
12
13 This matter came on regularly for trial on October 4, 2000 before the Honorable Michael
14 McElligott, plaintiff appearing by and through Charles E. Corrigan of Ramis Crew Corrigan &
15 Bachrach, LLP, and defendants Peirce appearing by and through William F. Hoelscher of
16 Hoelscher & Associates, PC.; and default judgment having been entered against defendant
17 Beneficial Mortgage Corporation on December 21, 1999, and the court finding:
18 That the real property described in plaintiffs complaint on file herein is necessary for
19 public use; and
20 That the plaintiff, prior to the commencement of this action and pursuant to its
21 resolution, attempted to acquire said real property by agreement and purchase, but was unable to
22 do so; and
23 A jury having been called, examined and duly impaneled and swom in the manner
24 provided by law; the parties having made their opening statements; the parties having offered
25 evidence in support of their contentions; arguments by respective parties having been made to
. 26 the jury; the jury having been regularly instructed and having retired for deliberations did, on the
Page 1 JUDGMENT
RAMIS CREW
CORRIGAN & BACHRACH, LLP
Im N.W. Hoyt Sues
Pont&M, Oregon 97209
Telephone: (507) 2224402
III I
Ilil
illlllllillllll
I 5th day of October, 2000, return its verdict, which verdict, omitting the title of the court and
2 cause, is in the words and figures as follows:
3
4 We, the jury, being duly impaneled and sworn to well and truly try the
issues in this case, do find our verdict in favor of defendants Peirce in the amount
5 of $225,000.
6 DATED this 5th day of October, 2000.
7 /s/ 1Em= ersun] wh.--
Foreperson
8
9
10 That the amount of the jury's verdict did not exceed the highest written offer in
1 l settlement submitted by plaintiff to defendants Peirce at least 30 days prior to commencement of
12 said trial, and that pursuant to ORS 35.346(8) plaintiff is entitled to its costs and disbursements
13 incurred herein;
14 That on July 1, 1999 plaintiff deposited $225,000 with the clerk of the court for the use
15 and benefit of the defendants herein; and
16 Pursuant to the court's Order on Plaintiffs Motion for Immediate Possession plaintiff
17 deposited an additional $105,000 on August 5, 1999, so as to obtain immediate possession of the
18 entire parcel being acquired herein; and
19 That plaintiff is now entitled to judgment herein vesting title of the subject property in
20 plaintiff and awarding plaintiffs money judgment in the amount of $105,000 plus statutory
21 interest thereon, representing the difference between the amount posted by plaintiff and
22 withdrawn by defendants Peirce, and the amount of the jury's verdict;
23 NOW, THEREFORE,
24
25
26
Page 2 JUDGMENT
RAMIS CREW
CORRIOAN & BACHRACH, LLP
1727 N.W. Hoyt Sum
Ponland, omw 97109
2002-31437
1 IT IS HEREBY ORDERED AND ADJUDGED by this court as follows: .
2 1.
3 The real property hereinafter described be, and the same hereby is appropriated for
g public purposes, and title to said property, together with all rights and easements therein be, and
5 the same herein is vested in the City of Tigard free and clear of all liens and encumbrances. Said
6 real property so appropriated is described in the attached Exhibit 1.
7 2'
g Plaintiff shalt have judgment against defendants Peirce in the amount of $105,000, with
9 pre- and post-judgment interest thereon at the statutory rate of nine percent per annum, accnung
10 as of August 5, 1999.
11 3.
12 Plaintiff shall recover of and from defendants Peirce the sum of $125 as plaintiffs costs
13 and disbursements taxed herein.
14 DATED this Z S day of October, 20
15 00.
qehael J. M lligott, Circuit Judge
16 mQuay.nmCMm
17
i. Judgment Creditor: City of Tigard, 13125 SW Hall Blvd., Tigard, OR 97223
is
ii. Judgment Creditor's Attorney: Charles E. Corrigan, 1727 NW Hoyt Street,
19 Portland, OR 97209
20 iii. Judgment Debtor: Stephen W. Peirce, 15850 SW Bell Rd., Sherwood, OR
91140, Social Security No. 514-46-6064 and Lynn L Peirce, 15850 SW Bell
21 lid., Sherwood, OR 97140, Social Security No. 536-52-9988. Attorney:
William F. Hoelscher, Hoelscher &'Associates, PC, 13425 SW 72nd Ave.,
22 Tigard, OR 97223-8030
23 iv. Amount of Judgment: $105,000 plus costs of 5125
24 v. Interest Owed to Date of Judgment: At the statutory rate of 9% per annum
on S105,NO from August 5, 1999
25
26
RA141S CREW
CORRIGAN B BACHRACH, LLP
1727 N.W. Hoyt Sued
TFlon rd. /nt111
1 I-
Page 3 JUDGMENT Pow' O" W
7
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1
2 vi. Post-Judgment Interest Accrual Information: At the statutory rate of 9% per
annum on $105,125 from date of entry of judgment
3
4
5
Michael J. McElligott, Circuit Judge
6
MICHAEL J. MCELLIG017
7
Submitted by:
8
Charles E. Corrigan, OSB #76108
RAhUS CREW
9
CORRIGAN & BACHRACH, LLP
1727 NW Hoyt Street
10
Portland, OR 97209
11
Of Attorneys for Plaintiff
12
13
J
14
Certified To
rua And
•
Thg Or•IOina1
dt
:
Correct Co .
15
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Date
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CO
TRIAL
W ashin ton '
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17
By:
18
19
20
21
22
23
24
25
. 26
RAMIS CREW
CORRIGAN 9 BACHRACH, LLP
1721 N.W. Hoyt Strom
Page 4 JUDGMENT Tdcoohoow: -%3) Oregon
• IIIIINIIIIIIItltllllll~ •
EXHIBIT 1
Legal Description
Lot 29, 30, 31 and 32, Block 29, WEST PORTLAND HEIGHTS, in the City of Tigard,
County of Washington and State of Oregon
Property Address:
12525 SW 68th Avenue
Tigard, OR 97223
A M E R i c
7
4
After recording return to:
J.T. Roth Jr.
12600 SW 72nd Avenue Suite 200
Tigard, OR 97223
Until a change is requested all tax statements
shall be sent to the following address:
J.T. Roth Jr.
12600 SW 72nd Avenue Suite 200
Tigard, OR 97223
Escrow No. 01054037
Title No. 943897
THIS SPACE RESERVED FOR RECORDER'S USE
STATUTORY BARGAIN AND SALE DEED
City of Tigard an Oregon municipal ggMpration, Grantor, conveys to J.T. Roth Jr. and Theresa Roth
husband and wife, Grantee, the following described real property:
See Exhibit "A" attached hereto for legal description;
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE
TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
TO DETERMINE ANY LIMITS
PLANNING DEPARTMENT To VERIFY APPROVED USES
ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES D AS DEFINED IN ORS 30.930.
The true consideration for this conveyance is $42.922.00 (Here comply with the requiremenu of ORS 93.030)
at.
Dated this f~ day of j,t ~
City of Tigard
By:
William A. Monahan, City Manager
STATE OF OREGON 11
County of WASHNGTON I SS. a~ t}
This instrument was acknowledged before me on this 011t y of JUNE, 2002
by WILLIAM A. MONAHAN AS CITY MANAGER FOR THE CITY OOFF~TIGARD
Notary Publtc ~forOregon
OFFIGAL SEA
GF=RAOAWMMppd My commission expires:
NOTARY KO-C-OREWN
WM NM
MY =MIA --p e OCT. 10. 4003
Attachment 4
-06/12/2002 11:10 FATCO ' 'TLE DEPARTMENT 4 LT NO.916 0004
Order No. 943897
REVISED EXHIBIT "A"
A tract of land located in Block 29, WEST PORTLAND HEIGHTS, recorded March 22, 1890 in Book 1 of
pages 55 and 56 Deed Records, in the Northeast one-quarter of Section 1, Township 2 South, Range 1
West, of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being
more particularly described as follows:
All of Lots 29 through 32 of Block 29, WEST PORTLAND HEIGHTS, EXCEPTING the South 60 feet thereof
and FURTHER EXCEPTING a portion described as follows:
Beginning at the Northeast corner of the South 60 feet of said tract; thence North along the East line of
said tract, 14 feet; thence Southwesterly to a point, 14 feet West from the Northeast cornet of the South
60 feet of said tract; thence East along the North line of the South 60 feet of said tract to the point of
beginning.
06/12/2002 11:10 FATCO ''TLE DEPARTMENT 4 LT NO.916 P005
THIS MAP IS FURNISHED AS A CONVENIENCE IN LOCATING PROPERTY AND THE COMPANY
ASSUMES NO LIABILITY FOR ANY VARIATIONS AS MAY BE DISCLOSED BY ACTUAL SURVEY
• ~ ,~M E R~
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First American Tile Insurance Company of Oregon - -
An d/4UMw w tress naB & Of TITLE INSUQANCE COMPANY OF OREGON
1700 S.W. FOURTH AVENUE, PORTLAND, OR 97201-5512
(503) 222-3651
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Agenda Item No. -q' C21
Council Meeting of 10. 1 -I. 0.;
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor & City Council
FROM: Cathy Wheatley, City Recorder
"~j
DATE: October 13, 2003
SUBJECT: Addition to the October 14, 2003, Consent Agenda
Attached please find an Amendment to the Personal Services Contract for Ramis, Crew,
Corrigan & Bachrach, LLP. The review of the City Attorney services is scheduled for
discussion during the October 14, 2003, Council Meeting Study Session.
The Consent Agenda has been revised to show the Council will considerapproval of this
amendment as Item No. 4.8.
1:1ad.Vocket W\20031011Vnem - add consent Item 4.8 r is et el.doc
AMENDMENT
CITY OF TIGARD, OREGON
PERSONAL SERVICES CONTRACT
This constitutes an amendment to that AGREEMENT made and entered into on the 24th
day of December, 2000 by and between the CITY OF TIGARD, a municipal corporation
of the State of Oregon, hereinafter called CITY, and RAMIS CREW CORRIGAN &
BACHRACH, LLP, hereinafter called CONTRACTOR.
Exhibit A, Scope of Services, Section A is revised to substitute the following
language:
A. LEGAL COUNSEL will be responsible for CITY legal representation as
authorized by the City Council and/or City Manager. Authorization to
perform specific tasks will come from the Mayor, City Council, City Manager
or other persons directly authorized by the Mayor, City Council or the City
Manager. Timothy V. Ramis will act as lead attorney. Timothy V. Ramis is
referred to herein as the "City Attorney." As lead attorney, Timothy V. Ramis
will attend City Council meetings. If Mr. Ramis is not available for a
meeting, Gary Firestone will attend if possible. Legal Counsel will advise the
City Manager if neither Mr. Ramis nor Mr. Firestone is available for a City
Council meeting.
IN WITNESS WHEREOF, CITY has caused this Amendment to Agreement to be
executed by its duly authorized undersigned officers and CONTRACTOR has executed
this Amendment to Agreement on the date written below.
CITY OIGARD
By: CIArk61 PfQsi~Q,rt~-
Date:
By:/~,~ , City Manager
Date:
CONT CTOR . 4
By, , Timothy V. Ramis
Date: (2 4 1 ,I 0 >
Tvr/Tigard/counciVPSAamendment2(100403)
Page I - PERSONAL SERVICES CONTRACT AMENDMENT
AMENDMENT
CITY OF TIGARD, OREGON
PERSONAL SERVICES CONTRACT
This constitutes an amendment to that AGREEMENT made and entered into on the 24th
day of December, 2000 by and between the CITY OF TIGARD, a municipal corporation
of the State of Oregon, hereinafter called CITY, and RAMIS CREW CORRIGAN &
BACHRACH, LLP, hereinafter called CONTRACTOR.
Exhibit A, Scope of Services, Section A is revised to substitute the following
language:
A. LEGAL COUNSEL will be responsible for CITY legal representation as
authorized by the City Council and/or City Manager. Authorization to
perform specific tasks will come from the Mayor, City Council, City Manager
or other persons directly authorized by the Mayor, City Council or the City
Manager. Timothy V. Ramis will act as lead attorney. Timothy V. Ramis is
referred to herein as the "City Attorney." As lead attorney, Timothy V. Ramis
will attend City Council meetings. If Mr. Ramis is not available for a
meeting, Gary Firestone will attend if possible. Legal Counsel will advise the
City Manager if neither Mr. Ramis nor Mr. Firestone is available for a City
Council meeting.
IN WITNESS WHEREOF, CITY has caused this Amendment to Agreement to be
executed by its duly authorized undersigned officers and CONTRACTOR has executed
this Amendment to Agreement on the date written below.
CITY OF TIGARD
By:
Date:
By:
Date:
CONTRACTOR
By:
Date:
Tvr/Tigard/counciUPSAamendment2(100403)
Mayor
City Manager
Timothy V. Ramis
Page 1 - PERSONAL SERVICES CONTRACT AMENDMENT
Agenda Item No. 'q i
Council Meeting of 10, i'-l. Q_')
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor & City Council
FROM: Cathy Wheatley, City Recorder "
DATE: October 13, 2003
SUBJECT: Addition to the October 14, 2003, Consent Agenda
Attached please find an Amendment to the Personal Services Contract for Ramis, Crew,
Corrigan & Bachrach, LLP. The review of the City Attorney services is scheduled for
discussion during the October 14, 2003, Council Meeting Study Session.
The Consent Agenda has been revised to show the Council will considerapproval of this
amendment as Item No. 4.8.
Iledmlpeae19J12=1014%me -add c -Wt item 4.8 ramie et et.d=
AGENDA ITEM # 5
FOR AGENDA OF Oct. 14.2003
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Update on the New Tigard Library
PREPARED BY: Margaret Barnes DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Presentation by staff to update the City Council about the new library.
STAFF RECOMMENDATION
The purpose of this presentation is to communicate recent events and accomplishments related to the new Tigard
Public Library.
INFORMATION SUMMARY
On May 21, 2002, Tigard voters passed a $13 million bond measure for the construction of a new library of
approximately 47,000 square feet. This amount will pay for land acquisition, the design, construction and
furnishing of the new library, parking and related street improvements. The site of the new library is a 14.7-acre
property located along Hall Boulevard near O'Mara Street. The library building and parking will occupy about 5
acres of the site.
The focus of this monthly update will be to inform the Council on the progress of library construction in the past
month, including pouring the concrete floor and putting up the structural steel. Staff will also provide an update on
the project to improve Hall Blvd. The presentation will include progress on fundraising efforts and information on
how the public can learn more about the .project.
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Goal #3: Adequate facilities are available for efficient delivery of life-long learning programs and services for all
ages.
ATTACHMENT LIST
1. Set of PowerPoint Slides
FISCAL NOTES
N/A
New Tigard Library
Construction Report
October 14, 2003
Sights from the Site
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Change Your Library
Are you willing to take the
"Change Challenge"?
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Want to Know More'?
f ~a Check out the new library webslte:
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a Read the Hard Hat Report in Cityscape `
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a Look for changing displays in the library
v Questions?
Contact DaulaCaDd tiaard.or.us
or call 593.6846537, x2508
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4
AGENDA ITEM No. 6
Date: October 14, 2003
PUBLIC HEARING
(QUASI-JUDICIAL)
TESTIMONY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify before City Council on:
CONSIDER ZONE CHANGE ANNEXATION
(ZCA) 2003-00002
BOHAN/COOPER ANNEXATION
Due to Time Constraints
City Council May Impose
A Time Limit on Testimony
I:\NDM\GREER\CITY COUNCIL\CCSIGNUP\PH TESTIMONY QJ ANNEXATIONAOC
AGENDA ITEM No. 6 Date: October 14, 2003
PLEASE PRINT
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AGENDA ITEM No. 6 Date: October 14, 2003
PLEASE PRINT
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AGENDA ITEM No. 6 Date: October 14, 2003
PLEASE PRINT
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rro onent- udru o-ovul
Name, Address & Phone No.
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Name, Address & Phone No.
AGENDA ITEM #
FOR AGENDA OF
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
October 14, 2003
ISSUE/AGENDA TITLE Annexation of the Bohan and Cooper Parc s V4CA;IU , uuuu2-
PREPARED BY: Moman Tracy DEPT HEAD OK Y MGR OK _
Should the City Council approve the proposed Bohan/Cooper annexation request?
STAFF RECOMMENDATION
Uphold Staff's recommendation for approval of the Bohan/Cooper annexation request.
INFORMATION SUMMARY
The proposed annexation consists of territory comprised of two (2) tax lots of 1.9 acres which are currently
located within unincorporated Washington County and are contiguous to Tigard city limits. The properties are
located at 14115 and 14120 SW Fern Street, and are described as WCTM 2SI0413C, Tax Lots 600 and 1900. The
applicant has requested the annexation of Tax Lot 600 to obtain City sewer service for an approved subdivision
proposal (case file number SUB2003-00011). Tax Lot 1900 has joined the application as a result of the City's
courtesy policy of notifying and encouraging other nearby unincorporated parcels to annex. Both properties are
currently developed with single-family residences. As indicated in the staff report to City Council, the proposed
annexation meets the applicable standards. Pursuant to Chapter 18.320.020.C of the Tigard Development Code, the
Comprehensive Plan designation and the City's zoning is automatically applied to property upon approval of the
annexation by Council.
OTHER ALTERNATIVES CONSIDERED
Deny the annexation request, approve annexation of only one of the parcels, or include additional "island" parcels
into the annexation proposal.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Growth and Management Goal #2: Urban Services are provided to all citizens within Tigard's urban growth
boundary and recipients of services pay their share.
ATTACHMENT LIST
1. "Draft" City Council Ordinance
Exhibit A: Vicinity Map
Exhibit B: Legal Description for 2S104BC, 00600
Exhibit C: Legal Description for 2S104BC, 01900
2. Staff Report to the City Council
FISCAL NOTES
Application fees and appeal fees have been paid by the applicant.
Attachment 2
Agenda Item:
Hearing Date:
October 14, 2003 7:30 PM
STAFF REPORT TO THE
CITY COUNCIL CITY OFTIGARD
FOR THE CITY OF TIGARD, OREGON Community(Development
Sha in .A Better Community
SECTION I. APPLICATION SUMMARY
FILE NAME: BOHAN/COOPER ANNEXATION
CASE NO.: Zone Change Annexation (ZCA) ZCA2003-00002
PROPOSAL: To annex 2 parcels consisting of approximately 1.9 acres of land into
the City of Tigard.
CURRENT
ZONING
DESIGNATION: R-7. Medium-Density Residential District.
EQUIVALENT CITY
ZONING
DESIGNATION: R-7. Medium-Density Residential District. The R-7 zoning district is
designed to accommodate attached single-family homes, detached
single-family homes with or without accessory residential units, at a
minimum lot size of 5,000 square feet, and duplexes, at a minimum lot
size of 10,000 square feet. Mobile home parks and subdivisions are
also permitted outright. Some civic and institutional uses are also
permitted conditionally.
LOCATION: The subject parcels are located at 14115 and 14120 SW Fern Street;
Washington County Tax Assessor's Map WCTM 2S10413C, Tax Lots
600 and 1900.
APPLICABLE
REVIEW
CRITERIA: Tigard Comprehensive Plan Policy 2 (Citizen Involvement) and 10
(Urbanization); Tigard Community Development Code Chapters 18.320
and 18.390; Metro 3.09, and Oregon Revised Statutes Chapter 222.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Council find that the proposed annexation will not adversely
affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL
of the annexation by adoption of the attached Ordinance.
STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF 4
ZCA2003-00002 - BOHAN/COOPER ANNEXATION 10/14/2003 PUBLIC HEARING
SECTION III. BACKGROUND INFORMATION
Site information and proposal description:
Both parcels are currently developed with single-family residences. The applicant initiated
the annexation of Tax Lot 600 in order to extend an existing city public sewer line from an
adjacent parcel, through the subject annexation parcel, to his proposed subdivision (case file
number SUB2003-00011). Surrounding property owners not within the city limits were
written letters soliciting participation in the annexation request. The Coopers, tax lot 1900,
joined the application. The proposal is to annex approximately 1.9 acres of land into the City
of Tigard with a combined assessed value of $408,650.
Vicinity Information:
The area to be annexed consists of 1.9 acres. The properties are within the current Fern
Street island of un-annexed parcels. Existing city boundaries abut two or more sides of
each parcel.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, 10.1.1,
10.1.2, and; Tigard Community Development Code Chapter 18.320.
Staff has determined that the proposal is consistent with the relevant policies of the
Comprehensive Plan based on the following findings:
Policy 2.1.1:
This Policy requires an ongoing citizen involvement program and is satisfied because the
surrounding property owners have been notified of the public hearing and notice of the
hearing has been published in a newspaper of general circulation.
Policy 10.1.1:
This Policy requires that adequate service (water, sewer, drainage, streets, police, and fire
protection) capacity is available to serve the annexed parcels. The City of Tigard Police,
Engineering and Water Departments, Clean Water Services (CWS), and Tualatin Valley Fire
and Rescue have all reviewed the annexation request and have offered no objections. In
addition, Portland General Electric, Metro Area Communications, NW Natural Gas, Comcast
Cable, Verizon, and Qwest Communications have also reviewed the proposed annexation
and offered no objections. Additionally, the adequacy and availability of services was
reviewed as part of the subdivision approval. Therefore, this policy is satisfied.
Policy 10.1.2:
This Policy pertains to boundary criteria for annexations. If the annexation is not eliminating
a pocket or island, then the annexation must:
a) not create an irregular boundary for the efficient provision of emergency services;
b) have received comments from the Tigard Police Department;
c) be located within the Tigard Urban Planning Area and contiguous to the city limits; and
d) services as required by Policy 10.1.1, above are available.
This annexation request will partially fill in an un-annexed island, but will not eliminate it
entirely. However, the proposal extends in a uniform manner the contiguous city boundary
and is located within the Urban Services Area. The Tigard Police Department has provided
comments, but had no objections to the proposal. The area is within the Tigard Planning
area and is contiguous to the city limits. Lastly, no concerns or objections were raised by the
service providers, thereby indicating that services can be provided to the site. This policy is
satisfied.
PAGE 2OF4
STAFF REPORT TO THE CITY COUNCIL 10/14/2003 PUBLIC HEARING
zCA2003-00002 - BOHAN/COOPER ANNEXATION
Staff has determined that the proposal is consistent with the relevant portions of the
Community Development Code based on the following findings:
Section 18.320.020: This Section addresses approval standards for annexation
proposals and is satisfied because:
The applicable Comprehensive Plan Policies and Community Development Code provisions
have been reviewed and satisfied as previously indicated in this report.
The property is currently zoned R-7. Because this property is in the Urban Services Area,
the equivalent zoning has already been applied to the property; therefore, the property does
not need to be rezoned upon annexation.
Metro 3.09 requires the additional standards to be addressed in annexation decisions,
in addition to the local and state review standards. These are addressed and satisfied
as discussed below:
Consistency with the directly applicable provisions in an urban service provider
agreement or annexation plan adopted pursuant to ORS 195.065;
The processing has been done consistent with applicable Urban Service Provider
agreements.
Consistency with directly applicable provisions of urban planning or other agreement,
other than agreements adopted pursuant to ORS 195.065, between the affected entity
and a necessary party;
The process required by the Development Code and Comprehensive Plan is consistent with
the Urban Planning Agreement for annexations.
Consistency with specific directly applicable standards or criteria for boundary
changes contained in comprehensive land use plans and public facility plans;
This has been discussed previously in this report and, as discussed, this criterion is satisfied.
Consistency with specific directly applicable standards or criteria for boundary
changes contained in the Regional Framework Plan or any functional plans;
Because the Development Code has been amended to comply with applicable Metro
Comprehensive
functional plan Plan, the annexaton is e consistent ih complying the t applicable Development fuctional o plan n and he Regional
Plan,
Framework plan.
Whether the proposed changes will promote or not interfere with the timely, orderly
and economic provisions of public facilities and services;
The proposed annexation will not interfere with the provisions of public facilities or services
because it is adjacent to existing City limits and services will be extended as part of the
approved subdivision proposal by the adjacent property owner.
If the proposed boundary change is for annexation of territory to Metro, a
deterthi y hMetro Council that the all be the primary cr tenon for apshould provalbe included in the Urban
Grow Boundary
The subject property is already within the Metro boundaries.
PAGE 3 OF 4
STAFF REPORT TO THE CITY COUNCIL 10/14/?003 PUBLIC HEARING
ZCA2003-00002 - BOHAN/COOPER ANNEXATION
Consistency with other applicable criteria for the boundary change in question under
state and local law.
Consistency with other applicable criteria has been discussed previously in this report.
SECTION V. OTHER STAFF COMMENTS
The City of Tigard Engineering, Police Department, Public Works, and Water Department
have all reviewed this proposal and have offered either no comments or no objections.
SECTION Vl. AGENCY COMMENTS
The Metro Area Boundary Commission, Oregon Public Utility Commission, Clean Water
Services, Metro Area Communications, Comcast, PGE, NW Natural Gas, Qwest
Communications, Verizon, and Washington County have had the opportunity to review the
proposal and have offered no objections.
BASED ON THE FINDINGS INDICATED ABOVE, PLANNING ;wmrr RCVVmm~nv.a
APPROVAL OF ZONE CHANGE ANNEXATION (ZCA) 2003-00002 - BOHAN/COOPER
ANNEXATION.
PREPARED BY: Morgan Tracy
Associate Planner
APPROVED BY: Richard Bewersdorff
Planning Manager
DATE
DATE
i:\curpln',morgan\workspace\annexations(zca)\zca 2003-00002 (bohan)\zca2003-00002 staff report.doc
STAFF REPORT TO THE CITY COUNCIL
ZCA2003-00002 - BOHAN/COOPER ANNEXATION
PAGE 4OF4
10/14/2003 PUBLIC HEARING
SITE CHARACTERISTICS
BOHAN/COOPER
ANNEXATION
Public Hearing
October 14, 2003
• Location: The subject parcels are located
on the north and south sides of SW Fern
Street, east of SW Ascension Drive.
• Site Size: 1.9 acres (2 parcels)
• Characteristics: This request follows the
approval of the adjacent Bailey Woods
subdivision and is a requirement of that
approval in order to construct City sewer.
SUMMARY
• Applicant is seeking approval to annex
1.9 acres into the City of Tigard
Boundaries
• Adjacent site has preliminary approval
for a 13 lot subdivision
• Located on the north and south sides of
Fern Street, east of SW Ascension Drive
RECOMMENDATION
• Staff recommends that the Council find
that the proposed annexation will not
adversely affect the health, safety and
welfare of the City. With said finding,
staff recommends APPROVAL of the
proposed annexation by adopting the
Annexation Ordinance.
AGENDA ITEM # I
FOR AGENDA OF October 14, 2003
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Proposed Amendments to the Neighborhood Sewer Reimbursement District
Incentive Program (Resolution No. 01 - 46)
PREPARED BY: G N Ber> -DEPT HEAD OK ~-L-0__ C Y MGR OK
ISSUE BEFORE THE COUNCIL
Proposed additional incentives to the Neighborhood Sewer Reimbursement District Incentive Program.
STAFF RECOMMENDATION
That Council approve the attached resolution providing additional incentives to the Program.
INFORMATION SUMMARY
The current Incentive Program (Resolution No. 01-46) provides that if an owner connects to the sewer within
three years of it becoming available, the owner's reimbursement fee is limited to $6,000 plus the amount the
owner's fair share of the cost of the sewer exceeds $15,000. For most owners, the amount of the fair share does
not exceed $15,000 and the fee is limited to $6,000. However, some lots, particularly large lots that could be
partitioned, are assigned fair shares that exceed $15,000 and would be required to pay an additional amount to
connect their house to the sewer. This is a disincentive for those lot owners who merely wish to connect their
existing houses to sewer.
In addition, there are undeveloped lots that have the potential to subdivide into two or three lots at some point in
the future. A lot owner may choose to build a house on the undeveloped lot and connect to sewer at the same
time, or subdivide or otherwise develop that lot during the life of the reimbursement district. The incentive
program should recognize these situations and allow participation of these lots in the program.
To make the program more equitable and to encourage early connections, the following additional incentives
are proposed in the attached resolution.
1. For those lot owners whose reimbursement fee exceeds $15,000 and merely wish to connect would be
existing house within three years after sewer becomes available, the amount over $15,000
deferred until such time as the lot is partitioned, subdivided, or otherwise developed. These lot
owners would get credit for the amount between $6,000 and $15,000 if they do connect within that
three year period.
2. For each lot that is currently undeveloped but is included in a reimbursement district, a
reimbursement fee of $6,000 would be charged at the time a structure is constructed on the lot
requiring sewer connection. Any amount over $15,000 would be deferred until the lot is partitioned,
subdivided or otherwise developed. Vacant lots that are partitioned, subdivided, or otherwise
developed during the life of the reimbursement district would also qualify under the provisions of
Resolution No. 01-46, would pay $6,000, and would pay any amount over $15,000 upon
development.
3. Those lot owners in reimbursement districts that have exceeded the three-year period for connection
and have not connected to sewer can connect an existing structure, pay a reimbursement fee of
$6,000, and qualify for the deferral if they connect within one year after the effective date of this
amendment.
4. Lot owners who have paid reimbursement fees that include amounts that would be deferrable by the
proposed resolution would be offered an opportunity to request a refund of the deferrable amount.
5. The deferred amounts under any of the preceding scenarios would not be subject to the annual
increase if development occurs and payment becomes due.
Lot owners that wish to take advantage of these
inent es, additional or t incentives
refund oftan amount already paid. loch
would be recorded, either to take advantage of the
OTHER ALTERNATIVES CONSIDERED
Not applicable
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Not applicable
ATTACHMENT LIST
Proposed Resolution
Resolution No. 01 - 46
FISCAL NOTES
Funding is by unrestricted sanitary sewer funds.
L1onOWroOVE4mN cement dL-Mct,4evL-Jom m 0140 au0 2603 14 03 munUh70-14-03 a00i5on t0 yes 146 315.60C
CITY OF TIGARD, OREGON
RESOLUTION NO.01-'1(P
A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED
AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE
PROGRAM
WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public
sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and
WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement
District incentive Program through Resolution No. 98-51 to encourage owners to connect to public sewer.
The program was offered for a two-year period after which the program would be evaluated for
continuation; and
WHEREAS, on September 26, 2000, the City Council extended The Neighborhood Sewer Reimbursement
District Incentive Program an additional two years through Resolution No. 00-60; and
WHEREAS,, City Council finds that residential areas that remain without sewer service should be provided
with service within five years; and
WHEREAS, Council has directed that additional incentives should be made available to encourage
owners to promptly connect to sewers once service is available and that owners who have paid for service
provided by previously established districts of the. Neighborhood Sewer Extension Program should receive
the benefits of the additional incentives.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION l: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District
Incentive Program is hereby repealed.
SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer
Extension Program. This incentive program shall apply to sewer connections provided
through the sewer reimbursement districts shown on the attached Table 1 or established
thereafter. All connections qualifying under this program must be completed within
three years after Council approval of the final City Engineer's Report following a
public hearing conducted in accordance with TMC Section 13.09. 1,05 or by two years
from the date this resolution is passed which ever is later, as shown on the attached
Table 1.
SECTION 3: To the extent that the reimbursement fee determined in accordance with Section
13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot
zoned single family residential shall not exceed $6,000 per connection, provided that the
lot owner complies with the provisions of Section 2. Any amount over 515.000 shall be
reimbursed by the owner. This applies only to the reimbursement fee for the sewer
installation and not to the connection fee, which is still payable upon application for
RESOLUTION NO.Ol ~Y
Page I
sewer connection.
SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions
of this incentive program. Residential lot owners who do not connect to sewer in
accordance with Section 2 shall pay the full reimbursement amount as determined by the
final City Engineer's Report.
SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is
entitled to reimbursement from the City. The amounts to be reimbursed and the persons
to be paid shall be determined by the Finance Director and approved by the City
Manager. There shall be a full explanation of any circumstances that require payment to
any person who is not an original payer. The Finance Dirceior shall make payment to all
persons entitled to the refund no later than August 31, 2001.
SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood SEwver
Reimbursement District Program, shall provide the funding for the installation costa
over $6,000 up to a maximum of $15,000 per connection.
EFFECTIVE DATE: July 10, 2001
PASSED: This day of 2001.
Yayor Ci Ir
ATTEST:
Recorder -City of Bard
L'CKr~idelRalR u°°°Reviscr8ftNei&Wxxh odSCWWte=dwPMV=
RESOLUTION NO.01-~ZU
Page 2
TABLE 1
Raupbursalnent OlstrUM with Refunds M81191310
DISTRICT
FEE PER LOT REIMBURSEMENT AVAILABLE
INCENTIVE PERIOD ENDS
TKLgo BTNos
5.193
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►posed Amendments to the
Wide Sewer Extension
►gram Incentives
Presentation to City Council
October 14, 2003
Citywide Sewer
tension Program
❖ Approved by City Council on June 12, 2001
❖ Established a 5-year program for providing
sewer service to all developed unserved lots
❖ Uses City-initiated reimbursement districts to
extend sanitary sewers Citywide
❖ Uses the Sanitary Sewer Fund as the funding
source
2
1
*rent Incentive Program
❖ Resolution No. 01-46
• Limits the amount any lot owner pays to $6,000 if
the connection is completed within three years as
long as the fair share does not exceed $15,000
• Lot owners pay for any costs that exceed $15,000
• In effect, provides a maximum $9,000 subsidy to
encourage early connection
❖ Proposed amendment would supplement the
current incentive program
+es With Large Lots
a.
C9
W
J
❖ A large lot owner whose fair share exceeds $15,000
would have to pay $6,000 plus any amount over
$15,000 upon connection
❖ Some large lot owners merely wish to connect an
existing house to sewer
❖ Having to pay the total amount due at time of
connection is a disincentive to early connection
❖ Vacant lots that develop after the 3-year period
elapses would not qualify for the incentive program
a
2
*Posed Amendments
❖ Defers the payment of any amount over
$15,000 for existing houses that wish to
connect to sewer
❖ The deferred amount would be due when the
lots develop
❖ Allows vacant lots to qualify for the
incentive program upon development
anytime during the life of the district
5
*Posed Amendments
❖ Extends the opportunity to defer any amount
over $15,000 for lot owners merely wishing
to build a new house on a vacant lot
❖ Does not apply the annual increase to the
deferred amounts
❖ Allows those large lot owners in previously
formed districts to qualify for the incentive
program if they connect within a year
6
3
*Posed Amendments
❖ Allows those large lot owners who have paid
amounts that could have been deferred to
request reimbursement of those amounts
❖ Deferred amounts would become due when the
lots are partitioned, subdivided or otherwise
developed
❖ Lot owners must request deferment and must
execute an agreement acknowledging the
obligation to pay
ommendation
❖ Staff recommends that City Council approve,
by motion, the attached resolution which:
• Supplements Resolution No. 01-46
• Removes the disincentive for connection inherent
in large lots with existing structures
• Allows undeveloped vacant lots to qualify for the
incentive program upon development
4
AGENDA ITEM # O
FOR AGENDA OF Oct. 14, 2003
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Cowieil Update on t uaiatm tciver tsic cic auu -sm-a-1u 1 L.=-
PREPARED BY: Dan Plaza x2590 DEPT HEAD OK __e CITY MGR OK JA44T /
ISSUE BEFORE THE COUNCIL
Informational presentation only, no Council action requested.
STAFF RECOMMENDATION
Listen to presentation.
INFORMATION SUMMARY
The bridge will span the Tualatin River, connecting the communities of Tualatin, Tigard and Durham. The lead
jurisdiction for the project is the City of Tualatin. Both Tigard and Durham have endorsed the project. The bridge
span will be 200+ feet in length. The bridge addresses several issues. First, it will provide a desperately needed
crossing at a point on the Tualatin River that would eliminate a current safety hazard on an adjacent ODOT
property. Second, it will increase the provision of a safe connectivity between the three communities currently
served by only two river crossings that are miles apart. It will also increase regional connectivity to the greater
metropolitan Portland area through the Fanno Creek Regional Trail system. Lastly, it will provide a high-quality,
scenic river crossing that will be a tremendous source of pride in the area's transportation system. The project is a
planned element in the City's Transportation and Parks Master Plan. The Cities of Tualatin and Tigard have trail
segments that will need to be constructed to link up with the bridge.
In Tigard, there is approximately a 1,500 foot segment from the Cook Park Butterfly Garden to the Bridge. The
federal grant has extra funds appropriated for additional trail segments. These funds will help defray Tigard's cost
of its additional trail segment. Funding for the bridge project at the national level is anticipated to be approved in
October. It is anticipated that Tigard will use a combination of MSTIP and SDC funds.
OTHER ALTERNATIVES CONSIDERED
N/A
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Parks System Master Plan
Council Goal #4
"Tigard Beyond Tomorrow" Urban and Public Services, Acquire and Develop Park Land.
ATTACHMENTS
Power Point Presentation
FISCAL NOTES
The City's share to build the bridge is $230K (MSTIP/Parks SDC). To extend the Cook Park Butterfly Garden
trial segment (approximately 1,500 feet) to the bridge will cost approximately $100K.
Tualatin River Bicycle and
Pedestrian Bridge Project
Background
■ Tualatin, Tigard and Durham made joint
funding application to ODOT in 2003
■ Transportation Enhancement Program
(Funded through Federal Interstate
Transportation Efficiency Act)
■ Awards made in Summer 2003
■ $7.5 Million statewide
■ Bridge received $990,000
16
Bridge Benefits
■ Eliminates safety hazard of rail bridge
crossings
■ Provides connectivity to existing and
planned bikeway and pedestrian facilities
e Increases transportation access
r Increases recreation opportunities
■ Provides regional connectivity through
Fanno Creek Trail system
Background
■ Bridge is element of:
■ Tualatin Transportation Plan
■ Tigard Transportation Plan
■ Metro Regional Trails and
Transportation Plans
■ Tualatin Parks and Recreation Master
Plan
■ Tigard Park System Master Plan
Purpose and Scope
. Design and build bike and
pedestrian bridge across Tualatin
River, connecting Tualatin, Tigard
and Durham parks
■ 200+ foot span, some connecting
trails
■ May require second span across
Fanno Creek, depending on design
Location Map
r.n.~n N..: ~ 1
1
Site Photos
Tigard/Durham
side of the
Tualatin River,
looking north
Project Financing
■ Estimated Project Budget is
$1.39 million
■ Transportation Enhancement
Funding Award (ODOT) of $990,000
■ $400,000 match is required
Timing/Key Dates
■ ODOT adopts budget in October,
2003, authorizing funds
o Begin consultant selection and
design by Jan. 2004
■ Begin Construction Spring 2005
r Complete Bridge in Fall 2005
Site Photos
Tualatin side
of the Tualatin
River, looking
south
Matching Funds Distribution
■ $400,000 match required
■ Distribution as follows:
■ Tigard: $230,000 (57.5%)
Source: County MSTIP, PatkS SDC
■ Tualatin: $160,000 (40
Source: County MST' P, Parks SDC
■ Durham: $10,000 (2.5%)
■ Mantenance Cost to be split in same percentage
ratio
and Tigard funds required in FY 04/05
6. Tualatin Funs used in FY 03/04
e Project management by City of Tualatin
Issues
Permifting
■ Alignment of bridge
■ Federal Funds Possibly in Jeopardy
■ Style/type of bridge
■ Connecting pathways
o Public information
■ On-going maintenance requirements
■ Commuter Rail
■ Clean Water Services existing and
planned facilities at location of bridge
2
Example of existing pedestrian bridge.
AGENDA ITEM #
FOR AGENDA OF October 14, 2003
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Bull Mountain Annemmun nn,~___~ -
PREPARED BY: Jim Hendrvx DEPT HEAD OK ' ' TY MGR OK
Presentation by staff to update City Council on the Bull Mountain Annexation Plan.
STAFF RECOMMENDATION
The purpose of this presentation is to conununicate public outreach efforts and status of the Bull Mountain
Annexation Plan.
INFORMATION SUMMARY
For over 20 years, the City of Tigard and Washington County have recognized that tin incorporated Bull Mountain
and its citizens would be best served by the City of Tigard. In recognition of this fact, in 2001, the Tigard City
Council established a goal to develop an annexation policy for non-island areas, such as Bull Mountain, and
directed staff to study the feasibility of annexing the unincorporated Bull Mountain area. Since July 2001, the
City has been exploring annexation of the Bull Mountain area through: a focus group with residents, a study, and an
open house with residents, and most recently, a phone survey. In June and July 2003, the Council reviewed the
Draft Public Facilities and Services Assessment Report for the Bull Mountain Area.
This information has been used in the development of three non-island annexation policy alternatives: 1) An
annexation plan, which provides a plan for the sequence of annexation, local standards of service, a schedule of
providing urban services, the effect on existing urban service providers, and long-term benefits of annexation;
2) Identification of "target areas" which would focus on annexation of specific areas; 3) Continuation of the
existing approach, which does not require annexations but assists property owners if and when they wish to
annex.
These three annexation policy alternatives were developed and presented to Council and the Board of
Commissioners on July 29, 2003. On September 9, 2003 City Council adopted a resolution directing the
preparation of an annexation plan for unincorporated Bull Mountain so the Council can consider placing a measure
on the March 9, 2004 ballot. This date was chosen in order for the City to begin providing services those areas
annexed as of July 1, 2004. Council's action on this resolution begins the process leading to the election oTherehre
several steps leading tip to a possible March election including preparation of an annexation plan, public public hearing scheduled for December 2, 2003, preparation of the ballet title, etc. The purpose of this update is to
brief Council of the status of the plan and public outreach efforts.
OTHER ALTERNATIVES CONSIDERED
N/A
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Growth and Growth Management, Goal #2 - Urban services are provided to all citizens within Tigard's urban
growth boundary and recipients of services pay their share.
ATTACHMENT LIST
Attachment 1: Memo from Jim Hendryx dated October 1, 2003 - Bull Mountain Annexation Plan Update
FISCAL NOTES
N/A
Attachment 1
CITY OF TIGARD
Community Development
Shaping A Better Conununil.v
MEMORANDUM
CITY OF TIGARD
TO: Mayor Griffith and Cit Council Members
FROM: Jim Hendryx
DATE: October 1, 2003
SUBJECT: Bull Mountain Annexation Plan Update
The purpose of this memo is to update the City Council on the status of the Bull Mountain
Annexation Plan.
Status
Council and the Board of County Commissioners reviewed the draft Annexation Plan on October
7th
Communication Plan
Goal: To ensure all stakeholders are informed about the issues and process involved in an
annexation of the unincorporated Bull Mountain area.
Coffee Talks
Council will hold talks with small groups of interested individuals (Bull Mountain residents, Tigard
residents and other stakeholders) at locations throughout the City to answer questions and convey
accurate information about the issues surrounding a possible annexation.
Timeframe:
Initiation of annexation plan development to election (March 2004)
Staff involvement:
City staff will attend the Coffee Talks to support Council, however Council members will
facilitate the discussions. Staff will schedule the Coffee Talks.
Status:
Contact has been made with several people interested hosting Coffee Talks. To date, only
one has been scheduled on October 15, 2003.
Q&A Hotline
A "hotline" will be set up for people to call with questions related to the annexation plan.
Timeframe:
Initiation of annexation plan development to election (March 2004)
Staff involvement:
City staff will develop and maintain the hotline.
Status:
The phone line has been set up. The number is 503-718-2799.
Web site
public outreach developed and maintained. Will
page dedicated to accurate and timely dates and dates information of addt ona will
elements. Also i
include included
important meeting
on the website will be a link to an e-mail for questions.
Timeframe:
Initiation of annexation plan development to election (March 2004)
Staff involvement:
City staff will develop and maintain the web site.
Status:
Web page has been created and updated materials, including the Draft Bull Mountain
Annexation Plan, are available online.
Print media
The following resources will be used to convey information on a larger scale:
Cityscape - regular updates
Press releases - bi-monthly updates
Community Connectors - monthly updates
Brochures - after
oannexation lan is initiated n the ballop(De ember) explapn ngbacts aad detaCsuncil decides
whether to place
Status:
The October/November Cityscape included information on the Bull Mountain Annexation
Plan. Press releases will be provided at key milestones. Community Connectors have
received information on the Annexation Plan. Brochures are under development and will
continue to be updated throughout the process.
Cable TVTV
Focus on Tigard segments will be taped to provide information and process updates at key
intervals. It is anticipated that a segment will be provided in October to discuss the general
concepts and the public outreach plans, in November once the annexation plan is released and in
January prior to a March election (after Council hearing to place annexation plan on the ballot). In
addition, update notices of key meetings will be provided at every Focus on Tigard taping.
Timeframe:
Focus on Tigard segments anticipated every Fo Focus on Tigard taping November and mid-January. Also
brief monthly updates provided a
Staff Involvement: Tigard segments.
City staff will be responsible for coordinating (producing) Focus on
Council will be involved in presenting the information.
Status:
The October Focus on Tigard included information on the Bull Mountain Annexation Plan.
Lobby displays
informational display in the lobby will be provided that has key facts, messages, maps, etc.
Timeframe:
From initiation of annexation plan through election
Staff involvement:
City staff will develop the display and ensure that updates (if needed) are provided.
Status:
Lobby display completed.
Traveling display/information
A team of people (most likely the City Manager, CD Director and Planning Manager) will present
information at civi- organizations such as the Rotary, Chamber of Commerce, etc., and department
meetings to update people on the process, the issues and the facts. It will also include a portable
display with key facts, maps, etc.
Timeframe:
Periodically from initiation though election
Staff involvement:
City staff will prepare basic information and members of the team will take turns presenting
the information.
Status:
Display and information under development.
Welcome packets and/or informational letters
Direct mailings to all Bull Mountain residents after election informing them of when their effective
date will be and what services they can expect, important phone numbers and contacts. If
sequenced annexation is part of the annexation plan, additional welcome packets will be mailed
when each area's annexation becomes effective.
Timeframe:
Within 1 month of election, after votes are certified. If sequenced annexation is part of the
plan, mailings will also be sent before each area is officially in the City.
Staff involvement:
City staff will prepare packets and informational letters. Welcome packet letters will come
from the Mayor.
Status:
No action at this point.