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City Council Packet - 10/28/1997M . i i L~ „r CITY OF TIGARD OREGON / TIGARD CITY COUNCIL MEETING 4 OCTOBER 28, 1997 COUNCIL MEETING WILL NOT BE TELEVISED I:%admgo%ccpkN.doc I - 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 I Revised 10/24/97 TIGARD CITY COUNCIL BUSINESS MEETING OCTOBER 28;1997- ! 6:30 PM TIGA' ~'D CITY; HALL 131261SW HALO. BLVD. TIGARD, OREGON 97223 4.11 1 CITY OF TIGARD PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Administrator. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet Business agenda items can be heard in any order after 7:30 a.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 639-4171, Ext 309 (voice) or 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 date at the same phone numbers as listed above: 639-4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - OCTOBER 28, 1997 - PAGE 1 1 AGENDA Tigard City Council - October 28, 1997 0:30 p.m. i a STUDY SESSION > Executive Session: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. > Building Security: Discussion and Review of Proposed Budget Adjustment (Note: On previous agenda, this was listed as Agenda Item No. 9; with this revised agenda, this item will be for discussion only during the Study Session.) > Agenda Review 7:30 p.m. 1. BUSINESS MEETING j 1.1 Call to Order - City Council & Local Contract Review Board i 1.2 Roll Call j 1.3 Pledge of Allegiance 1.4 Council Communications/Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 p.m. 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:45 p.m. i 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. I Motion to: 3.1 Approve Council Minutes: September 16, 23, & October 7, 1997 3.2 Dedicate Property Obtained from Waremart, Inc. as Right of Way for Dartmouth Street - Resolution No. 97-141 It Dedicate Existing Reserve Strip as Public Right of Way for Access to Landau Place from Adjoining Property - Resolution No. 97---4E2- (Consent Agenda Continued on Next Page...) COUNCIL AGENDA - OCTOBER 28, 1997 - PAGE 2 i 1 i 3.4 3.5 Approve Acquisition of Two Properties Located Along the Tualatin River; Authorize the Mayor to Sign a Purchase and Sale Agreement. Approve contract with MIG Consultants of Eugene and Berkeley to Complete the Parks Master Plan • 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 items which do not need discussion. 7:50 p.m. 4. PUBLIC HEARING (QUASI-JUDICIAL): REQUEST FOR ANNEXATION - ZONE CHANGE ANNEXATION ZCA 97-0002 - (HAWLEY) The applicant Is requesting to annex into the City of Tigard and change their current zone from County R-5 to City of Tigard R-4.5. LOCATION: 12450 SW Walnut Street; WCTM 2S 103BC, Tax Lot 03900. ZONE: The proposed zone change is City of Tigard R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.136. a. Open Public Hearing b. Declarations or Challenges ! c. Staff Report: Community Development Department d. Public Testimony (Applicant, Proponents, Opponents, Rebuttal) e. Council Questions f. Close Public Hearing g. Staff Recommendation h. Council Consideration: Ordinance No. 97-L e:,s Resolution No. 97- _i p.m. 5. CONSIDER A RESOLUTION IDENTIFYING THE TIGARD LOCAL WETLANDS INVENTORY AND ASSESSMENT AS AN OFFICIAL CITY RESOURCE DOCUMENT a. Staff Report: Community Development Department b. Council Consideration: Resolution No. 97--!~± COUNCIL AGENDA - OCTOBER 28, 1997 - PAGE 3 { 6:45 P.M. 6. CONSIDER A PROPOSAL TO PLACE RED CINDER ROCK ALONG RAILROAD TRACKS IN THE DOWNTOWN AREA a. Staff Report: City Manager b. Council Consideration: Motion to approve the expenditure of up to $6,600 of the funds allocated to the Downtown Merchants for revitalization efforts for the purpose of placing red cinder rock along the railroad tracks. 9:00 P.M. 7. CONSIDER A LETTER OF UNDERSTANDING WITH WASHINGTON COUNTY OUTLINING THAT THE CITY WILL PROVIDE NORMAL AND ROUTINE ROAD OPERATIONS AND MAINTENANCE SERVICES FOR SPECIFIED AREAS IN UNINCORPORATED WASHINGTON COUNTY. a. Staff Report: Public Works Director b. Council Consideration: Motion to accept the Letter of Understanding for street maintenance services as presented in the staff report Said ' Letter of Understanding shall become a part of the Intergovernmental Agreement between the City of Tigard and Washington County to ! provide services within portions of Washington County and areas of ` the Tigard Urban Growth Boundary. 9:15 p.m. 8. CONSIDER INTERGOVERNMENTAL AGREEMENT FOR THE WILLAMETTE WATER SUPPLY AGENCY a. Staff Report: Public Works Director b. Council Consideration: Motion to approve the Intergovernmental 1 Agreement for the Willamette Water Supply Agency and authorize the Public Works Director to continue to work on issues as outlined in the Staff Report related to the Willamette River. t 9:30 p.m. [ 9. CONSIDER BUDGET ADJUSTMENTS NOS. 6, 7, AND 8 k i 9.1 Budget Adjustment No. 6 and Approval of a Contract for an Architect for Preliminary Work on Facility Expansion Plans - Resolution No . 9.2 Budget Adjustment No. 7 for the Repair of a Damaged Police Vehicle - ` Resolution No. 97--.`I 9.3 Budget Adjustment No. 8 for Urban Services Road Maintenance to Begin November 1, 1997 - Resolution No. 97- COUNCIL AGENDA - OCTOBER 28, 1997 - PAGE 4 I f J 9:50 P.M. 10. NON-AGENDA ITEMS i 10:00 p.m. I 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss ' labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. • I I r Agenda Item No.. I i i TIGARD CITY COUNCIL Meeting of i MEETING MINUTES - OCTOBER 28, 1997 • STUDY SESSION > Meeting was called to order at 6:36 p.m. by Mayor Jim Nicoli > Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, and Ken Scheckla. > Staff Present: City Manager Bill Monahan; Legal Counsel Pam Beery; Community i Development Director Jim Hendryx; Consultant Chris Huber; Public Works Director Ed Wegner; and City Recorder Catherine Wheatley. r. 0 > Agenda Review I Bill Monahan, City Manager, noted the revised memo showing updated figures for the k, Washington County intergovernmental agreement. Ed Wegner, Public Works Director, reviewed the draft letter from the Mayor written in response to Mayor Lehan's letter which stated that Wilsonville would not participate in the Willamette Water Supply Agreement (WWSA) but was interested in participating in building a regional facility. Mr. Monahan pointed out that the WWSA allowed the individual members to work cooperatively on their own with non-member agencies. Councilor Scheckla asked for clarification on Wilsonville's role. Mr. Wegner explained that the premise behind the WWSA was the Tualatin Valley would share its 130 million gallons per day (mgd) water rights on the Willamette with anyone who wanted to join. By joining W WSA, I Tigard received water rights to 26 mgd, leaving Tualatin Valley with 104 mgd to assign to anyone else who wanted to join. Wilsonville had its own water rights on the Willamette of 20 mgd which it felt would meet its needs both now and in the future. Chris Huber explained that unless Wilsonville joined WWSA, they would not get more than 20 mgd from the Willamette. Mr. Wegner said that the first member agencies to join WWSA most likely would be Tigard, Tualatin Valley, Canby, and Clackamas River Water. These agencies would set up the process by which other agencies could join W WSA in the future, and the financial arrangements for doing so. Mr. Wegner stated that in 120 days or so, he would return with a second IGA government that outlined the construction and operation of a water treatment 1 facility on the Willamette. j a Councilor Scheckla asked what roads were covered in the Washington County IGA. Mr. Wegner said that the 44.5 miles of roads were located in the Walnut Island and Bull Mountain areas, as shown on a map. 3 CITY COUNCIL MEETING MINUTES - OCTOBER 28, 1997 - PAGE 1 s _ i ~ r n > Executive Session: The Tigard City Council went into Executive Session at 6:52 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. > Executive Session adjourned at 7:20 p.m. > Mayor Nicoli reconvened the study session. > Ethics Commission Mr. Monahan distributed the letter Gene McAdams sent to the Ethics Commission regarding Councilor Rohlf's participation in the SW North Dakota decision. Pam Beery, Legal Counsel, reviewed the Ethics Commission's procedures in these matters, and mentioned that there was a good chance that the Commission would dismiss the letter at an administrative level without investigation. Mayor Nicoli spoke to authorizing the City Attorney's office to provide all reasonable legal services to Councilor Rohlf in this matter. Mr. Monahan expressed concern that Mr. McAdams might see Council support of Councilor Rohlf as evidence of a conspiracy. Mayor Nicoli pointed out that it was a traditional practice for the Council to appoint a Councilor to a Task Force. Ms. Beery concurred that any public official simply doing his duty was entitled to a defense by the City. Councilor Scheckla noted that Mr. McAdams had lobbied against the installation of the bridge at 130`h, a task force on which Councilor Rohlf also served. Ms. Beery said that she would inform the Ethics Commission of that connection. Councilor Scheckla mentioned that the Dairydell Neighborhood was thinking about asking for a diverter in their neighborhood to lessen the traffic impact from Hwy 99W and Walnut. > Building Security Mr. Monahan reviewed the background of the agenda item on the security of city facilities which staff pulled off this agenda. He mentioned the recommendations of the Workplace Violence Staff Committee and department heads for various methods to enhance security on City facilities. These included a card key system, identification badges, a gate at the Public Works yard, two interior doors at the Niche to create a waiting area, and padlocking all exterior doors. He expressed concern at the $14,000 to $18,000 cost and making improvements to facilities that they might remove in the near future, such as the Niche. He asked the Council whether or not they were interested in making these improvements. Mayor Nicoli directed staff to report back to Council at the November 18 study session with illustrations of the recommendations. Mr. Monahan said that this was a concern because two former employees of the City were being released from prison in 1998. He explained that one pattern in workplace violence was a former employee coming into hard times and blaming his former employer. He cited an incident in Fort Lauderdale, Florida, in which a fired employee killed six people when his former employer refused to rehire him. CITY COUNCIL MEETING MINUTES - OCTOBER 28, 1997 - PAGE 2 r i i > Agenda Review Councilor Scheckla asked for background on the police vehicle repair. Mr. Monahan explained that Officer Angel Smith was hit at an intersection by a driver who did not pull over, despite the warning lights and siren which other motorists did respond to. t Mr. Monahan reported that the City of Durham estimated that it would cost $9000 to address the mosquito problem. He recommended using funds in the Public Works budget to work with n h USA Mr. Monahan informed the Council that blasting notices for Menlor Reservoir have been sen out. The company was working closely with the neighborhood. ur am, , Tualatin Country Club, and the City of Tualatin on this problem next spring. He mentioned that while attending a meeting at the County, both he and Charlie Cameron agreed to provide $1500 each to address the situation. He said that Tualatin should do the same thing. f Councilor Hunt suggested that the Council read his memo detailing the history of the City's work on space needs prior to voting on funding the architect study. 3 i I Mr. Monahan reported that the Library Director interview process was going well. He noted l that the Council would not meet again until November 18 but he would like to extend an offer to an applicant before then. `J 1. BUSINESS MEETING • Call to Order - City Council & Local Contract Review Board Mayor Nicoli called the business meeting to order at 7:46 p.m. Scouts from Boy Scout Troop 419 led the Pledge of Allegiance. • Council Communications/Liaison Reports Councilor Moore reported that about 30 people planted 400 trees along the creekbed in Englewood Park on Saturday. He thanked the Red Lobster employees, other volunteers, and staff who helped make this a successful effort. Councilor Hunt expressed his appreciation to the Scouts and other volunteers who helped with the clean up Main Street down by the railroad tracks. He mentioned that enough people turned out that they worked some on Commercial Street also. He complimented Cathy Wheatley on the design of the Make a Difference certificates. Councilor Scheckla expressed his appreciation to the volunteers at the Library and thanked all those who participated in the Make a Difference Day event. • Call to Council and Staff for Non-Agenda Items: None 1 CITY COUNCIL MEETING MINUTES - OCTOBER 28, 1997 - PAGE 3 3 2. VISITOR'S AGENDA Lou Wachsmut, 9285 SW Edgewood, Tigard, Oregon, explained that with the new federal regulations requiring trains to blow their whistles at crossings, and the increase in train traffic, the situation was becoming obnoxious, especially at night when people were trying to sleep. He mentioned that some communities had ordinances that helped alleviate the situation and asked what Tigard's process was for doing something similar. Mayor Nicoli explained that the City has found the Willamette Pacific Railroad to be very cooperative in resolving conflicts in the past. He said that they would first talk to the railroad to see if an accommodation could be reached. If necessary, then they would look into ordinances. Mr. Monahan said that he would follow up with the railroad on this request. Ms. Beery suggested researching the work done by other cities in studying this problem, citing Salem as an example. 3. CONSENT AGENDA Motion by Councilor Hunt, seconded by Councilor Moore, to approve the Consent Agenda. Motion was approved by unanimous voice vote of the Council present. (Mayor Nicoli, ~ Councilors Hunt, Moore, and Scheckla voted "yes.") 3.1 Approve Council Minutes: September 16, 23, & October 7, 1997 3.2 Dedicate Property Obtained from Waremart, Inc. as Right of Way for Dartmouth Street - Resolution No. 97-41 3.3 Dedicate Existing Reserve Strip as Public Right of Way for Access to Landau Place from Adjoining Property - Resolution No. 97-42 3.4 Approve Acquisition of Two Properties Located Along the Tualatin River; Authorize the Mayor to Sign a Purchase and Sale Agreement. 3.5 Approve Contract with MIG Consultants of Eugene and Berkeley to Complete the Parks Master Plan 4. PUBLIC HEARING (QUASI-JUDICIAL): REQUEST FOR ANNEXATION - ZONE CHANGE ANNEXATION ZCA 97-0002 - (HAWLEY) The applicant is requesting to annex into the City of Tigard and change their current zone from County R-5 to City of Tigard R-4.5. LOCATION: 12450 SW Walnut Street; WCTM 2S I03BC, Tax Lot 03900. ZONE: The proposed zone change is City of Tigard R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.136. a. Mayor Nicoli opened the public hearing. b. Declarations or Challenges: None c. Staff Report: Jim Hendryx, Community Development Director, pointed out on a map k the location of this 4.16 acre parcel south of Walnut Street. The owners were requesting t annexation in order to access the City sewer and water services. Staff recommended approval of both the annexation and zone change request. I CITY COUNCIL MEETING MINUTES - OCTOBER 28, 1997 - PAGE 4: 1 d. Public Testimony: None e. Council Questions: None f. Mayor Nicoli closed the public hearing g. Council Deliberation: Ordinance No. 97-12, Resolution No. 97-43 Motion by Councilor Moore, seconded by Councilor Hunt, to adopt Ordinance No. 97-12. The City Recorder read the number and title of the ordinance. ORDINANCE NO. 97-12, AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE AND DECLARING AN EFFECTIVE DATE (ZCA 97- 02). e _ Motion was approved by unanimous roll call vote of the Council present. (Mayor Nicoli, Councilors Hunt, Moore, and Scheckla voted "yes.") f i . Motion by Councilor Scheckla, seconded by Councilor Hunt, to adopt Resolution No 97- . 43. The City Recorder read the number and title of the resolution. RESOLUTION NO. 97-43, A RESOLUTION INITIATING ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBIT A AND ILLUSTRATING EXHIBIT B (ZCA 97-02). Motion was approved by unanimous voice vote of the Council present. (Mayor Nicoli, Councilors Hunt, Moore, and Scheckla voted "yes.") 5. CONSIDER A RESOLUTION IDENTIFYING THE TIGARD LOCAL WETLANDS INVENTORY AND ASSESSMENT AS AN OFFICIAL CITY RESOURCE DOCUMENT 1 _ Duane Roberts, Associate Planner, explained that this was a housekeeping item. The Division of State Lands (DSL) approved the City's wetlands inv t en ory completed a year ago. As part of that approval, the City needed to adopt the inventory and the wetlands assessment in accordance with DSL guidelines. Motion by Councilor Hunt, seconded by Councilor Scheckla, for adoption of Resolution No. 97-44. The City Recorder read the number and title of the resolution. RESOLUTION NO. 97-44, A RESOLUTION ADOPTING THE TIGARD LOCAL WETLAND INVENTORY AN ASSESSMENT AS AN OFFICIAL CITY RESOURCE B DOCUMENT. t CITY COUNCIL MEETING MINUTES - OCTOBER 28, 1997 - PAGE 5 Motion was approved by unanimous voice vote of the Council present. (Mayor Nicoli, Councilors Hunt, Moore, and Scheckla voted "yes.") 6. CONSIDER A PROPOSAL TO PLACE RED CINDER ROCK ALONG RAILROAD TRACKS IN THE DOWNTOWN AREA Mr. Monahan reviewed the proposal by Chuck Woodard of the Downtown Merchants Association asking the City to allocate $6600 of the remaining $30,000 plus set aside for downtown improvement projects for the purchase, delivery and spreading of a two inch deep ribbon of red rock cinder within the railroad right-of-way for 100 to 150 feet on either side of Main Street. He mentioned that the Association unanimously endorsed the proposal as providing a visual enhancement to the area, no matter what later plans were made for the downtown. Chuck Woodard, Downtown Merchants Association, presented samples of the cinder rock. He reviewed his research and findings on this matter. He found that the best and most cost- effective method was to truck freight the rock from Redmond (where is was mined) to Bend for transfer to train cars and transport to Tigard. This would cost approximately $16.60 a yard. He thanked the Boy Scouts for the prep work done in that area. He mentioned that the American Legion was willing to help also. The Council asked several questions regarding the logistics of the work. Mr. Woodard explained more exactly the placement of the rock in relation to the tracks. He said that they would fill in a dip on the east side of the tracks to level it out. He stated that they would get permission to trim the "blanket" that cushioned the tracks from the ground and which was now pulling up. Mayor Nicoli suggested asking the railroad for permission to spread the rock from Main Street to Hall Blvd. and to plant 50 trees right down the center. He spoke to cleaning up the area and keeping it mowed as a way to prevent transients from living down there. Mr. Woodard supported the Mayor's suggestion, mentioning the need for cooperation with some private property owners in the area. He said that the railroad conditioned this project that within five years or less the tracks had to come out. Mr. Woodard said that he would like to see the railroad encouraged to improve the pedestrian right-of-way at the crossing. He commented on the cooperative attitude of the railroad in working with them. Councilor Scheckla said that he would like to see more people involved in the downtown merchant meetings as a way to unite the downtown (which was divided by the railroad tracks). Mr. Woodard explained that unless there was a problem, people did not consistently attend the meetings - a common occurrence in organizations. He said that only four people were actively 6 involved. He pointed out that this red cinder rock was the second to the last item on the project list identified three to four years ago. CITY COUNCIL MEETING MINUTES - OCTOBER 28, 1997 - PAGE 6 ~ I Mr. Monahan reported that about 10 people attended the meeting at which he presented the E Council's suggestion to use the remaining improvement project money to improve the feed and seed lot for a parking lot. He said that he thought that there was considerable interest in getting the downtown merchants talking with the Chamber and developing a plan for the downtown. Councilor Scheckla noted the cooperation of the American Legion on this project. Mr. Woodard said that the Legion wanted to be more involved in the community and were always very cooperative in anything he has asked them for. Motion by Councilor Hunt, seconded by Councilor Scheckla, to authorize the Downtown Merchants Association to spend up to $6600 for this improvement. Mr. Monahan said that approximately $23,000 to $24,000 would be left in the improvement funds after this project. i Mr. Woodard asked for permission to pay the bills upfront and request the City for j reimbursement. Ms. Beery said that staff has worked out a method for handling the disbursement of funds. Motion approved by unanimous voice vote of the Council present. (Mayor Nicoli, Councilors Hunt, Moore, and Scheckla voted "yes.") 7. CONSIDER A LETTER OF UNDERSTANDING WITH WASHINGTON COUNTY OUTLINING THAT THE CITY WILL PROVIDE NORMAL AND ROUTINE ROAD OPERATIONS AND MAINTENANCE SERVICES FOR SPECIFIED AREAS IN UNINCORPORATED WASHINGTON COUNTY Mr. Monahan reviewed this in conjunction with Item 9.3. He explained that Washington i County would like Tigard to take over road maintenance work in the urban services area for which the City has already taken over building and planning activities. Public Works Director Ed Wegner has negotiated with the County to reach this letter of understanding in which the County would pay the City to provide these services in the specified area from November 1 " , 1997, to June 30, 1998. The County would fully reimburse the City for the cost of providing these services. Mr. Monahan explained that the City would provide these services to the standard of the County (which was not necessarily the same standard as the City). The County would pay the City for the service that they could afford to provide in the area if they had provided the service. 1 Mr. Monahan noted the revised figure in the memo on Item 9.3 for a transfer of funds in the amount of $97,536. Councilor Scheckla pointed out that the actual language did not include a date. Mr. Monahan suggested adding a statement in Section 1 to the effect that the services 1 would be provided from November 1, 1997, through June 30, 1998. He said that the expectation e was that this would be included as a budget element in the future as long as the agreement t continued. r { CITY COUNCIL MEETING MINUTES - OCTOBER 28, 1997 - PAGE 7 ~ i 1 Motion by Councilor Hunt, seconded by Councilor Scheckla, to accept the Letter of Understanding for street maintenance services as presented in the staff report, and authorizing signature. Said Letter of Understanding shall become a part of the Intergovernmental Agreement between the City of Tigard and Washington County to provide services within portions of Washington County and areas of the Tigard Urban Growth Boundary. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, and Scheckla voted "yes.") 8. CONSIDER INTERGOVERNMENTAL AGREEMENT FOR THE WILLAMETTE WATER SUPPLY AGENCY Mr. Wegner reported Durham's suggestion to call the plant a "water purification plant" instead of a "water treatment plant." He said that Durham took the concept of the W WSA very well. He presented the IGA to form the Willamette Water Supply Agency. The jurisdictions involved were Tigard, Tualatin Valley Water District, Canby, Clackamas River Water District, Gladstone, Sherwood, and Tualatin. He mentioned the letter received from Wilsonville declining participation in the agreement while expressing interest in a regional facility. He reviewed the jurisdictions likely to sign this agreement in November. Mr. Wegner said that a main reason for Tigard to sign the IGA was because Tualatin Valley would assign Tigard 26 million gallons per day (mgd) out of its 1973 water rights to 130 mgd from the Willamette. In return, Tigard would withdraw its application for water rights on the Willamette. He said that the City Attorney felt that the agreement allowed an individual member agency to enter into an agreement with a non-member agency to build a facility. Mr. Wegner mentioned that as part of his response to the Wilsonville Mayor's letter, Mayor Nicoli has offered to host a meeting of all City Councils in the area to begin working on these issues. Councilor Hunt asked what the advantages and disadvantages would be if Wilsonville had chosen to participate. Mr. Wegner said that if Wilsonville had participated, they would have had to put their water rights into the pool, the same as Tualatin Valley, Gladstone, and Canby. i He explained that a major issue for the State had been the individual applications from jurisdictions for Willamette water rights totaling 200 plus mgd while the regional study indicated a need for only 120 mgd from the Willamette. The jurisdictions decided to pool their water rights and have three diversion points. Mr. Wegner said that Wilsonville's non-participation should have no bearing on the cost of the j treatment plant or other infrastructure because WWSA or individual members could still enter Z into an agreement with Wilsonville to build a plant. He mentioned conversations that he and Mr. Monahan have had with the Wilsonville City Manager from which they concluded that Wilsonville was not opposed to contributing financially. He said that WWSA intended to hire a CITY COUNCIL MEETING MINUTES - OCTOBER 28, 1997 - PAGE 8 T f ® public relations firm to work on bl' d d 111'1 'll '11' Councilor Hunt directed attention to his memo detailing the history of the Space Committee's work and the reasoning behind their conclusions. He said that he had suggested including an architect on the committee and doing a further study of costs. He explained that he wanted to be very sure that the City had accurate cost estimates when they went out for a bond. Motion by Councilor Hunt, seconded by Councilor Moore, to adopt Resolution No. 97-45. The City Recorder read the number and title of the resolution. RESOLUTION NO. 97-45, A RESOLUTION APPROVING BUDGET ADJUSTMENT NO. 6 TO PROVIDE FOR A CONTRACT WITH HGN ARCHITECT, PC, AND AUTHORIZE THE CITY MANAGER TO ENTER INTO THE CONTRACT. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, and Scheckla voted "yes.") 9.2 Budget Adjustment No. 7 Motion by Councilor Hunt, seconded by Councilor Scheckla, to adopt Resolution No. 97- 46. The City Recorder read the number and title of the resolution. RESOLUTION NO. 97-46, A RESOLUTION APPROVING BUDGET ADJUSTMENT NO. 7 FOR THE REPAIR OF A POLICE VEHICLE. a pa ~c a ucahon program, an i sonvi e was wi ng to share in that cost, as it would be beneficial to them also. t Councilor Scheckla asked for clarification of the term "rolling year 20" time period. Mr. Huber explained that it meant that they always looked 20 years ahead from whatever date they were on. ( . Councilor Moore suggested changing "City Administrator" to "City Manager." Motion by Councilor Moore, seconded by Councilor Hunt, to approve the Intergovernmental Agreement for the Willamette Water Supply Agency and authorize the Public Works Director to continue to work on issues as outlined in the Staff Report related to the Willamette River. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, and Scheckla voted "yes.") 9. CONSIDER BUDGET ADJUSTMENTS 9.1 Budget Adjustment No. 6 i i CITY COUNCIL MEETING MINUTES - OCTOBER 28, 1997 - PAGE 9 n Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, and Scheckla voted "yes.") 9.3 Budget Adjustment No. 8 Motion by Councilor Moore, seconded by Councilor Hunt, to adopt Resolution No. 97-47, as amended. The City Recorder read the number and title of the resolution. RESOLUTION NO. 97-47 A RESOLUTION APPROVING BUDGET ADJUSTMENT NO. 8 TO PROVIDE ROAD MAINTENANCE SERVICES TO THE URBAN SERVICE AREA. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors k Hunt, Moore, and Scheckla voted "yes.") ` > Mayor Nicoli recessed the meeting at 8:38 p.m. > Mayor Nicoli reconvened the meeting at 8:46 p.m. The Council considered Item #8 at this time. 10. ADJOURNMENT: 8:55 p.m. _ `i Attest: atherine Wheatley, City Recorder t Mayor lC'ty of Tigard ~ ~ Was D t a e: j i CITY COUNCIL MEETING MINUTES - OCTOBER 28, 1997 - PAGE 10 I' COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Q E t1V8Nad t-U 8 95 6 BEAVERTON, OREGON 97075 Legal Notice Advertising OCT 2 $ 1997 • City of Tigard • ❑ Tearsheet Notice 'CITY. OF. JIGARD 13125 SV7 Hall Blvd. • Tigard,Oregon 97223 • ❑ Duplicate Affidavit .Accounts Payable • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) _ COUNTY OF WASHINGTON, )ss. I, Ka-thy~nvsler- being first duly sworn, depose and say that II am the Advprtising I Director, or his principal clerk, of theTigard-Tualatin Times ! a newspaper of general circulation as d~fined in ORS 193.010 and 193.020; published at Ti4ar in the aforesaid county and state; that the r; i.V _Cotinr-i 1 B-uslrif=5~_Lle-atjM_g - a printed copy of which is hereto annexed, was published in the entire issue of said newspaper fof_-1dR successive and consecutive in the following issues: October. 23,1997 I Subscribed and sworn to afore me thisy3 day of October, 1997 A. OFFICIAL SEAL Nota ublic for Oregon ROBIN A. BUROESS NOTARY PUBLIC-OREGON My Commission Expires: COMMISSION NO. 062071 - MY COMMISSION EXPIRES MAY 16, 2001 1.. - AFFIDAVIT agendas may be obta nedlfrom the City Recoorder,t131^45 S-W. Hall I Boulevard, Tigard, Oregon 97223, or by calling 639-4171. CITY COUNCIL BUSINIwgSTvMETING 6 October 28,1997 - 6:30 P.M. TIGARDCITY HALL-TOWN HALL 13125 S.W. HALL BOULEVARD, TIGARD, OREGON ` > Consider Amendment to "Nuisance" Ordinance { > Consider Willamette River Water Supply Agency Intergovernmental ~ I Agreement > Hear Report on Title 3 of the Metro Functional Plan } > Public Hearing: Annexation of 4.15 Acres (located south of SW Wal- 1 nut between SW 123rd and SW 124th Avenue -Hawley) i > Award Parks Master Plan Contract > Consider a Resolution on Wetland Inventory > Executive Session ! TF8956 -Publish October 23, 1997. i 1 I COMMUNITY NEWSPAPERS, INC. Legal - P.O. BOX 370 PHONE (503) 684-0360 Notice TT 8952 BEAVERTON, OREGON 97075 RECEIVED Legal Notice Advertising i *City of Tigard 13125 SCJ Hall Blvd. l ~Tigard,Oregon 97223 'Accounts Payable • ❑ Tearsheet Notice • ❑ Duplicate Affidavit 11 AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) i COUNTY OF WASHINGTON, )$s. I, Kai-_hy Snv~d_pr being first duly sworn, depose and say that I am the Advertising i Director, or his principal clerk, of the lQard-Tualatin Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at m; na rd in the aforesaid county and state; that the city o'n ' 1!late;i at Ann@ Lion-ZCA97-0002 a printed copy of which is hereto annexed, was published in the j entire issue of said newspaper for-GNF successive and consecutive in the following issues: October 16,1997 I Subscribed and sworPtefore me thi y o__f p~t=ber, 1997 OFFICIAL SEAL ROBIN A. BURGESS No Public for Oregon NOTARY PUBLIC-OREGON My Commission Expires: COMMISSION NO. 062071 M T MY COMISSION EXPIRES MAY 16, 2001 I The following will be considered by the Tigard City Council on Tues- day - October 28, 1997, at 7:30 P.M., at the'rigard Civic Center-Town Hall Room, 13125 SW Hall Blvd., Tigard, Oregon 97223. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.32 of the Tigard Municipal Code and any rules and procedures adopted by the Tigard City Council, or rules of procedure set forth in Chapter 18.30. Failure to raise an issue in person or by letter at some point prior to the close of the hearing on the request, accompanied by statements or evidence sufficient to allow the Hearings Authority and all the parties to respond on the request, precludes an appeal to the Land Use Board of Ap- peals based on that issue, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a com- ment is directed precludes an appeal based on that criterion. Further infor- mation is available at City flail and may be obtained from the Community Development Director or City Recorder at the same location, or by calling (503) 639-4171. PUBLIC HEARING: ZONE CHANGE ANNEXATION [ZCA]97-0002 > HAWLEY ANNEXATION < The applicant is requesting to annex into the City of Tigard and change their current zone from County R-5 to City of Tigard R-4.5 LOCATION: 12450 SW Walnut Street; WCTM 2S103BC, Tax Lot 03900. ZONE: The proposed zone change is City of Tigard R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.136. J TT8952 - Publish October 16, 1997. I I I s' CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, ~_Jo- =X c begin first duly sworn, on oath, depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) 91- 1 which were adopted at the Council Meeting dated (2 t q S j ; copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the I a. day of ti .~s - , 19 9-1 1. 2. Awn& D~-w_, { Subscribed and sworn to before me this 13't day of Vt- . : A L,.- , 19~ I C SEAL M JO ANN ANN HAYES NOTARY PUBLIC OREGON MY CUMMISS ON E kPIS MAY OSa 999 Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon Tigard Library, 13125 SW Hall Blvd., Tigard, Oregon Tigard Water Department, 8777 SW Burnham, Tigard, Oregon yv.- 1i. Notary Pub for Oregon My Commission Expires: v.~ 5' ('111 1 CITY OF TIGARD, OREGON , f ORDINANCE NO.97-LZ AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE AND DECLARING AN EFFECTIVE DATE (ZCA 97-0002). i I WHEREAS, the Tigard City Council held a public hearing on October 28, 1997, to consider a zoning designatior for one parcel of land located south of SW Walnut between SW 123rd and SW 124th Avenue: and WHEREAS, on October 28, 1997, the Tigard City Council approved a resolution forwarding the proposed annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the zoning district designation recommended by the planning staff as set forth in the attached staff report and in Section I below is that which most closely approximates the Washington County land use designation while implementing the City's existing Comprehensive Plan designation of Low Density Residential. i THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Upon annexation, the affected properties shall be designated as follows: Tax Map. Lot Number Current Land Use New Land Use 2S 10313C, Tax Lot 03900 Wash. Co. R-5 Low Density Residential Current Zonine New Zonine Wash. Co. R-5 Tigard R-4.5 SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: ByUrN n i myccsvote of all Council members present after being read by number and title only, this Q?fi~, day of 0&,)bL~ 1997. _ Catherine Wheatley, City APPROVED: By Tigard City Council thi.?bay o1~ t 19971 Approved as to form: City Atto ey /9-7- -Date ORDINANCE No. 97. Page 1 of I L Nicoli, iAcir uidelordUta974)2.ord Julia P H IM6197 10.13 AEI S r-11 I. 13420 S.W. Brittany Drive Tigard, Oregon 97223-1530 October 24,1997 r 3 Oregon Government Standards j and Practices Commission 100 High Street S.E., Suite 220 I,, L d C T 2 7 1937 Salem, Oregon 97310 L1L7L~~:'--.--, J le=i s Dear Ladies and Gentlemen: Subject: Conflict of Interest Councilman Bob Rohlf City of Tigard, Oregon S. W. North Dakota Task Force Your attention is directed to the enclosures and copies of newspaper articles which will provide background and support to the above captioned for the following reasons: 1. The chairman of said task force (Councilman Bob Rohlf) is an elected officer who lives in the center of the affected area. In my opinion, he will personally gain financial benefit in excess of statutory limits from the street changes which have now been approved. (At the September 27 meeting, one of the attendees said: "Lets get these changes made quickly, I need to make some money on my house".) These changes (f implemented) will result in a diversion of traffic to a residential street which, to the best of my knowledge, is not contemplated by the City's Comprehensive Plan. 2. The chairman and his wife are both voting members of said task force. In other words, two votes from the same household. He was able to argue for his per- sonal best interests as the chairman, a resident and a duly elected City Councilman. (It is also my understanding that he was in a position to select and appoint task force members.) 3. Task force members are all from the affected area. Excluding staff and with one (possibly two) exception, the entire task force membership comes from the same area of S.W. North Dakota (please see map) between Scholls Ferry Road and 121st. The nine participating members include a homeowners' association president from an adjacent area. (This issue in itself is not all bad, but many Tigard City streets are overloaded... this group limited it's focus to it's members personal needs and concerns.... and none other. i i 4 } 4. A traffic signing and traffic flow direction issue at the intersection of Hawks Beard and 130th was specifically excluded from consideration by the chairman as "beyond the scope of the task force". (Please note map.) 5. These changes to traffic flow (when implemented) will result in a diversion of traffic to a residential street . Such a change is not contemplated by the City's Com- i prehensive Plan. 6. Knowledge of conflict-- At the beginning of the October 14 meeting of the City Council (when the decision to proceed was made), Mr. Rohlf announced he would abstain from voting and "refer questions to others" so as to avoid "impropriety". How- ever, as soon as the discussion became lively, he became a biased, articulate ' advocaie Then with the threat of a tie vote, he seconded the motion and voted far the project. (These actions appear to be a clear violation of the law.) i This letter and attachments are forwarded because of my concern regarding the manner in which the assignment and charge of the captioned task force was con- ducted. From my viewpoint, the task force objective was to deal with only one section of one street in this city of which Councilman Rohlf is a property owner, has a financial 1 interest and is a resident. i I recognize elected officials must have reasonable flexibility to carry out their duties. Each needs enough room to freely discuss issues and develop solutions to I community issues. However, this case goes beyond those bounds (as noted above and in the attachments). Therefore, it is my belief that he does not represent a "class" ' of concerned citizens. ! Your attention is now directed to my letter of September 15, Item 2 (attached). In this letter I assumed that changes recommended by the Task Force would be recom- mended for implementation. Therefore, I explained my concern regarding a conflict of interest. In my letter of September 22, 1 note: "I think he is beginning to stretch ethical and legal limits". This was not a flip flop of my position. Please understand, i assumed (at the September 16 Council Workshop) that Councilman Rohlf would outline the con- clusions of the Task Force and ask for implementation of said recommendations. I considered any such testimony (had it occurred) as a conflict of interest. i i Instead, Councilman Rohlf simply reported that he had received a complaint regarding a conflict. The Mayor and one Council member reacted sharply. They indi- cated if there was a concern, said complainant should take such problems and worries elsewhere. They also decided (after a brief discussion) that the City Attorney need not bother with this matter. (This, then, explains my referral to your body for advice and determination.) i i ii i a i i L 6 E S f i Mr. Rohlf, in my opinion, needs to decide which role he chooses to play. I do not believe the law contemplates the current flexibility. He is a very articulate salesman and has earned the respect of the City Council. As chair the Task Force (with his two votes), he has now apparently demonstrated his ability to accomplish traffic changes on his own street which were are backed up by the weight of an advisory panel. He was able to argue as the chairman (with two f votes), a resident and a duly elected City Councilman. What I want from this appeal I request that your body determine if my concerns have merit. If such is the case, I ask that you instruct the Tigard City Council to void its' actions of October 14, regarding changes to S.W. North Dakota. cc. City of Tigard Tigard Times 1 .1 y~S~l I i AGENDA ITEM NO. 2 VISITOR'S AGENDA DATE : October 28, 1997 i (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. i 3 i i STAFF CONTACTED NAME, ADDRESS & PHONE TOPIC Lc. C S Y~(u~ T r N T~ n W~d eWvoD v NolGt-- ij ~fr f t _ I S: k F 0admyolviaitaht.doc ( j AGENDA ITEM NO. 2 - VISITOR'S AGENDA - PAGE 2 DATE: October 28, 1997 i i (Limited to 2 minutes or less, please) lease sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. Depending on the number of person wishing to testify, the Chair of the Council may limit the amount of jne each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair may -further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. AGENDA ITEM NO. 4 DATE: October 28, 1997 PUBLIC HEARING (QUASI-JUDICIAL): REQUEST FOR ANNEXATION - ZONE CHANGE ANNEXATION ZCA 97-0002 - (HAWLEY) 1 The applicant is requesting to annex into the City of Tigard and change their current zone from County R-5 to City of Tigard R-4.5. LOCATION: 12450 SW Walnut Street; WCTM 2S103BC, Tax Lot 03900. ZONE: The proposed zone change is City of Tigard R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.136. PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS AGENDA ITEM NO. 4 i PLEASE PRINT a lc.. ..1.: An nchl Yr0 unuilt - kJ c4ftnl "I j Name, Address and Phone No. - - - - Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. i Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. Name, Address and Phone No. 0 Name, Address and Phone No. I i ,i I: s G - t i iJ i WARD •UENSIIAW__ - (J CONSTnUCTION CO.. INC. October 21, 1997 Denr Hotneownev. As we are sure you are aware, our comp:uty is curtenily doing the earthwork near your neighborhood plepalalory to the construction ofa water storage lark for the City of Tigard. llie engineering investigation of this site intlicales IhOI WC will probably Cncounler some rock a t lower depths iatd will have lu do some minty bl;wling to level the rile and obtain a lne)pur f xasdaliot). We have selected Keppiuger. Inc. of Salsa. Oregon lo du the drilling and blw1ug. Keppinewr is a long established cmnptmy with an excellent record of site and o(ility blasting in suborn areas. We intend to du (his work as quickly as possible with a nriuinrunt of iacuavenicsrce to the local residents- We anlicipnic !ha! blasting. weather pernritliug, will .41art arvtutJ Monday, lire 27"' of l~ct06er ru>d we expec! lira! Ibis phase of our work will be complete within two (2) weeks. I2) miaimixe yow incunvcuience, w'e will be working between the hours of 7 A.M. and 6 P.M. lttunda y through Friday and our shots will be resuie(ed to da}'ligh( hours behveeu 9 A.M. and 2 P.M. Our operations, as you will sec suc prctt,v tame. huwcvcr. as a prudcnl safely precaution, during the ac(uel blasting you are requested to remain indool.s. An air huru wanting: signal o1`5 long blasts will sound live (5) tuinu(es prior t0 the blast. lu)n)etliutoly prior w the blast, tell (10) tnpid air front signals will be heard. Alter the blast, on all clear air )tom signal will be sounded. Although we have engineered our blasting operations to eliminate the possibility of vibration or fly rock damage ro surrounding homes, you will reel a slight ground runb[e and o low level of Boise. This is normal in this type of construction and you need not be concerned. h4r- Dick Daniel of Explosive Tecluilcal Service Inc. will be personally contacting the horne owners adjacent to our work to explain our blast plan. lie will also offer, at no oost to you, a preconstruction structural review of your Monte. This structural inspec(iun wil I assist in lie design of our blasts ns well as establish the colAtion of your [tonic prior to our opetalions. We are committed to make sure our blasting operations are not threatening or potcutinlly damaging and Iv answer any questions you may have. We appreciate your cooprsation in the above. Your safety is our very first concern and we will make every effort to see War you or your property arc 1101 adversely aflbcted. Sbould you have any questions, please feel free to contact our superin(endent. al the site or give us a call at (503) 266-1986. 'llialLking you in advance. 1 ~111~36.7! IV~W~ Ronald D. AVard !resident P.O.110x 950 505 N. BMER • CANBY, 0RE440N S7013 - SUN269.1996 MEMORANDUM CITY OF TIOARD J ( F " Community Development CITY Of TIGARO, OREGON Shnpinq;9 Better Community TO: Bill Monahan FROM: Dick Bewersdorff 9~7 DATE: October 28, 1997 SUBJECT: Approved Land Use Decisions Through October 28, 1997 (Total decisions this memo: 21 Rnal Order To Be Issued: 10/31/91 Rnal Appeal gate: 11/19/97 120 DAYS: 1/ 3/96 11 SUBDIVISION (SUB) 97-00011PLAHHED DEVELOPMENT REVIEW IPDR) 91-0004/ZOHE CHANGE QON197-0004 ➢ MEYER'S ESTATES SUBDIVISION Q The Tigard Planning Commission at a meeting held on October 20, 1997, APPROVED, subject to conditions (attached), the Applicant's request for approval of the following land use applications: 1. Subdivision preliminary plat approval to divide an approximately 20,284 square foot parcel into five (5) lots ranging between 2,696 square feet to 3,719 square feet; 2. Planned Development Review to allow lot sizes less than the minimum required by the zone; 3. Zone Change to record a Planned Development Overlay Zone on the Zoning Map. i LOCATION: 10860 SW Hall Boulevard; WCTM 1 S135AD, Tax Lot 03000. The site is located south of SW Spruce Street and north of the "Lucille Estates" Subdivision. (Plot Plan/Map anachelg -`1 r--r ~-r~~rr-i rT I r~ MclnialMaphelowl -(lt._J'Ii I'I~IICIuC-]I~ t~ I~I~I t~1 III t-;li ~Iti " I---f I I 'r--I I I I~+ IAF-- R-12 (Residential, 12 Units per acre). COMPREHENSIVE PLAID DESIGNATION: Medium Density Residential; 8-12 Dwelling Units Per Acre. APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18.32, 18.54, 18.80, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. hApaVdocs\10.28.97.m2 (Memo Cover Page 1/2) I S. I l'. S!'!t ('C 7s STREET 1 1 1 , I w w. z Z J j u is a I ~ L25 i I 2,00 I ~ 1 I I ti all FRCF'05EL7 B' CONCRETE kiALK w CONCRETE CURB ANp C{..,Q I ~7 - C'ECICATION TO 45.0' I LL FROM HALL BLVC. ¢ 15• REAR YARD I Q _ Protected -ETFACK So/or B/dg- _ Llne 184.42' N89'11'19-W 3.62 4a 85' ' 31.00' 31.00• 31.00 32.94 Q - ~ I I I ~ a 2 3 I 71 1 1 1 I 4 5 - - L . "I- .,485 5. ^696 S.F. ~ ?646 S.F. ~ ,6Q6 S. F. °714 S.F. 11 nl I I _ I - r,°I~ -12 RIP I ^ I° V 129.12' - TRACT 'i4' c 184.42' N89'I 1' 19''N f I SITE PLAN N WISIT MAP A SUBDIVISION [30 81 91-00 07/PIAIINEDOEYELOPMENiBEYIEW[POB197-0004QONECHAN6EQON191-0004 > METEB'S ESTATES SUBDIVISION CONDITIONS OF APPROVAL •-[PaOe l of 3l CONDITIONS OF APPROVAL LL CONDITIONS SHALL BE. SATISFIED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. UNLESS OTHERWISE SPECIFIED, THE STAFF CONTACT FOR ALL CONDITIONS IS BRIAN RAGER WITH THE ENGINEERING DEPARTMENT, (503) 639-4171. 1. Prior to approval of the final plat, a public improvement permit and compliance agreement is required for this project. Six (6) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit nine (9) sets of revised drawings and one (1) itemized construction cost estimate for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall. j 2. As a part of the public improvement plan submittal, the Engineering Department shall be j provided with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial j assurance for the public improvements. 3. The applicant shall construct half-street improvements along the frontage of SW Hall Boulevard to meet the Oregon Department of Transportation (ODOT) standards. The improvements I adjacent to this site shall include: ` A. ODOT standard pavement section from curb to centerline equal to 25 feet; "D B. pavement tapers needed to tie the new improvement back into the existing edge of ! pavement shall be built beyond the site frontage; C. curb and gutter; D. storm drainage, including any off-site storm drainage necessary to convey subsurface runoff; E. eight (8)-foot concrete sidewalk, per City standard; F. street striping; i G. streetlights as determined by the City Engineer; I H. underground utilities (NOTE: the applicant may be eligible to pay a fee in-lieu of undergrounding existing overhead utilities); 1. street signs; J. driveway apron for private street; and K. adjustments in vertical and/or horizontal alignment to construct SW Hall Boulevard in a safe manner, as approved by ODOT. 4. The applicant shall obtain a permit from the State of Oregon Highway Division, to perform work i within the right-of-way (ROW). A copy of the permit shall be provided to the City Engineering Department prior to issuance of a public improvement permit. Agency Contact: Jane Estes, f District 2A Permit Specialist at (503) 229-5002. 5. Additional right-of-way (ROW) shall be conveyed to the State of Oregon, by and through its Department of Transportation Highway Division along the frontage of SW Hall Boulevard to j increase the ROW to 45 feet from centerline. The description shall be tied to the existing ROW centerline. Verification that the conveyance has been submitted to the State shall be provided to the City Engineering Department. For additional information, contact Myron Melick at: Oregon ! Department of Transportation Right-of-Way Section, 7165 SW Fir Loop, Tigard, OR 97223. Phone: (503) 684-1510. i L_ J SUBMISION (SUB) 97-00071PLANNED OEMOPMENi BEYIEW (POB) 97-0004RONE CHANGE [ZON) 810004 ~j MEYEBSESTA7ESSUBOMSION G CONOMONSOF&PPROVRt _rPnnaliam 6. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street will be jointly owned and maintained by the private property owners who abut and take access from it. 7. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC&R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street. The CC&R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street. The applicant shall submit a copy.of the CC&R's to the Engineering Department prior to approval of the final plat. 8. The pavement and rock section of the proposed private street shall meet the City's public street standards for a local residential street. 9. The applicant shall obtain a permit from the Tualatin Valley Water District for the proposed water connection prior to issuance of the City's public improvement permit. 10. The applicant shall submit a drainage basin map with the sanitary sewer plan to ensure that all adjacent upstream properties can be served from the public sanitary sewer system. 11. The applicant shall obtain approval from ODOT with regard to the proposed storm drainage connection in SW Hall Boulevard. .,~2. Prior to approval of the final plat, the applicant shall pay the fee in-lieu of constructing an on-site water quality facility. The fee is based on the total area of new impervious surfaces in the proposed development, which includes the new public street and sidewalk areas. In addition, a standard value of 2,640 square foot of hard surface is assessed to each individual lot. Payment of the fee can be split into two parts: 1) the portion based on surface area of new streets and sidewalk shall be paid by the applicant prior to approval of the final plat; and 2) the portion assessed to each lot ($210/lot at present) can be paid at the time building permits are issued for the individual lots. The applicant shall provide the Engineering Department with surface area calculations for the streets and sidewalks in order for the fee under No. 1 above to be calculated. 13. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." 14. The applicant shall either place the existing overhead utility lines along SW Hall Boulevard underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, it shall be paid prior to approval of the final plat. L SUBDIVISION (SUB) 97-00071PLANNED DEVELOPMENT REVIEW [PORI 97-0094/ZONE CHANGE QONI 97-0004 MEPEB'SESTATES SUBDIVISION CONDMONS OF APPROVAL i 15. Revised site and landscaping plans shall be submitted for review by the Planning Division. Staff Contact: Will D'Andrea, Planning Division (639-4171). The revised plans shall include the following: A. impervious surface/landscaping calculations that demonstrate a minimum of 20% of the site is landscaped; B. 23-foot "Tract A" with an adjoining two (2)-foot access easement; C. minimum 25-foot frontage required for lot 5; and D. tree mitigation of 30 caliper inches in accordance with Community Development Code Section 18.150.070.D. This mitigation is in addition to the required street trees. A revised plan that more clearly identifies the large cluster of trees along the north property line, as well as, adjacent to the concrete slab, and their potential impact on the mitigation plan. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITION SHALL BE SATISFIED: Unless otherwise noted, the staff contact shall be Brian [lager, Engineering Department (503) 639-4171. 16. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a recorded mylar copy of the subdivision plat. 17. Prior to issuance of any building permits within the subdivision, the public improvements shall be deemed substantially complete by the City Engineer. Substantial completion shall be when: 1) all utilities are installed and inspected for compliance, including franchise utilities; 2) all local residential streets have at least one lift of asphalt; 3) any off-site street and/or utility improvements are completely finished; and 4) all street lights are installed and ready to be energized. 18. Prior to issuance of building permits, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) mylars; and 2) a diskette of the as-builts in "DWG" format, if available, otherwise "DXF' will be acceptable. Note: if the public improvement drawings were hand-drawn, then a diskette is not required. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS, THE FOLLOWING CONDITION SHALL BE SATISFIED: UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE WILLIAM D'ANDREA WITH THE CITY OF TIGARD PLANNING DIVISION AT (503) 639-4171. 19. All site improvements installed per the approved plans. Decision To He Issued: 10/31/97 Rnal Appeal Date: 11119/91 120 DAYS: 2/26/98 2J CONDITIONAL USE PERMIT (CUP) 97-0007 ➢ ST. ANTHONY'S CHURCH OVERFLOW PARKING LOT Q The Tigard Hearing's Officer at a meeting held on October 13, 1997, APPROVED, subject to conditions (attached), the Applicant's request for Conditional Use Permit approval to construct a 72 space overflow parking lot. LOCATION: 9870 SW Johnson Street and 12515 SW Grant Avenue; (Plat Plan/Map Mched) WCTM 2S1021313, Tax Lot 01600 and 01700. [Vicinity Map below] N ZONE Residential, 4.5 Units Per Acre; R-4.5. The R-4.5 zone allows single-family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank and accessory structures, among other uses. As a conditionally permitted use, the R-4.5 zoning district also permits religious assembly and uses related to j religious assembly. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.90, 18.100, 18.102, 18.108, 18.120, 18.130 and 18.164. n \patty\docsX10.2e-97.m2 (Memo Cover Page 2/2) i I Of 11' CONC STORM SEI.M i ~I IIR YY RANT 1 I ADOITIDNAL ROW I TIM A CH-SIT wAT~R 1 lµ a L' ra.~TVn LINNC ~J ` . ~ I QlALITr TRG~CNT OABIN pfISTING ROW ~ ' ~ O _ ~ _ ApraSC R N - - - - - - t~^AR CD AT LOW MINT M tar 21, O ~ SW JOF»NSON D ~ - - - - - - STR°_ET- U! f i ` I n[O► DRAIN LSE z . I ~ I 1 C c \ c 1 INV wr z - - I c c \ c ' 1N.IS ` e - ' I c ' c 1 I WT.ILI H 'I.IL3 D0 R p/ I . I C ~ •c II . - J TAX LOT two c c Ir {I c c j II =RITr L c 1 ` I l 5XIST1NC P-LAr FIELDS D jj _ 'may C C c l J Q ~ Q ~a c I c' Q II ~a c U T" Lar ITO JI 1 I N ' O ' c , ccccccclc cc 1 If 1 i I. I 1 11 ~ CONOMONALUSEPEEMrr(CUP)7-0007-->ST.AMONTSCHURCH OMFLOWPA01ON0LOT t CONORIONSOFAPPROVAL 43981at43 CONDITIONS OF APPROVAL PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted, the staff contact shall be Brian Rager, Engineering Department (503) 639-4171.) 1. Prior to issuance of a building permit, a public improvement permit and compliance agreement is required for this project. Five (5) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit eight (8) sets of revised drawings and one (1) itemized construction cost estimate for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall. 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. I 3. f Additional right-of-way shall be dedicated to the Public along the frontage of SW Johnson Street { to increase the right-of-way to 25 feet from the centerline. The description shall be tied to the f _ I existing right-of-way centerline. The dedication document shall be on City forms. Instructions il bl f are ava a e rom the Engineering Department. 4. j If the applicant elects to dedicate additional right-of-way to the Public along the fronta e of SW g Grant Street to increase the right-of-way to 30 feet from the centerline, the description shall be ' tied to the existing right-of-way centerline. The dedication document shall be on City forms. i Instructions are available from the Engineering Department. f 5. The applicant shall construct standard half-street improvements along the fronta e of SW g Johnson Street. The improvements adjacent to this site shall include: A. City standard pavement section from curb to centerline equal to 16 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. curb and gutter; D. storm drainage, including any off-site storm drainage necessary to convey subsurface runoff; E. five-foot concrete sidewalk; F. street striping; G. streetlights as determined by the City Engineer; H. underground utilities (NOTE: the applicant may be eligible to pay a fee in-lieu of undergrounding existing overhead utilities); I. street signs (if applicable); J. driveway apron (if applicable); and K. adjustments in vertical and/or horizontal alignment to construct SW Johnson Street in a safe manner, as approved by the Engineering Department. CONOIFIONALOSEPEHMR(COP)1-0001--;~, SLANFNOMYSCNOOCNOVEAFLOWPARKINGLOT 1 CONOQIONSOFAPPROVAL 4Peg020141 j 6. j An agreement shall be executed by the applicant, on forms provided by the City, which waives the property owner's right to oppose or remonstrate against a future Local Improvement District formed to improve SW Grant Street. 7. If the applicant chooses to make half-street improvements to SW Grant Street, they should include that work as a part of the public improvement plans and obtain approval from the Engineering Department. 8. Profiles of SW Johnson Street shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 9. Prior to issuance of the site and/or building permit, the applicant's design engineer shall submit documentation, for review by the City, of the downstream capacity of any existing storm facility impacted by the proposed development. The design engineer must perform an analysis of the drainage system downstream of the development to a point in the drainage system where the proposed development site constitutes 10 percent or less of the total tributary drainage volume, but in no event less than 1/4 mile. 10. If the capacity of any downstream public storm conveyance system or culvert is surpassed j during the 25-year design storm event due directly to the development, the developer shall correct the capacity problem or construct an on-site detention facility. I 11. f If the projected increase in surface water runoff which will leave a proposed development will j cause or contribute to damage from flooding to existing buildings or dwellings, the downstream ! - stormwater system shall be enlarged to relieve the identified flooding condition prior to development or the developer must construct an on-site detention facility. 12. The applicant shail provide an on-site water quality facility as required by Unified Sewerage Agency Design and Construction Standards (adopted by Resolution and Order No. 96-44). Final plans and calculations shall be submitted to the Engineering Department for review and approval prior to issuance of the building pennit. In addition, a proposed maintenance plan shall be j j submitted along with the plans and calculations for review and approval 13. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." 14. The applicant shall either place the existing overhead utility lines along SW Johnson Street and j SW Grant Street underground as a part of this project, or they shall pay the fee in-lieu of a undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the 1 utility lines and will be $27.50 per lineal foot. If the fee option is chosen, it shall be paid prior to issuance of the site permit. I 15. Handicapped accessible parking and accessible route across SW Grant Avenue shall be provided or an increase in handicapped accessible parking shall be provided within the ? existing parking lot. STAFF CONTACT: Jim Funk, Building Division. i L,.,J• 1 The applicant shall provide a calculation of landscaping to impervious surface ratio for the i proposed use. STAFF CONTACT: Mark Roberts, Planning Division. I I L ~ COMMUNAL USEPEHMRICUPIM007--YSTANTHONTSCHURCH OVERFLOW PARKING LOT-4 CONOITIONSOEAPPHOVAL480830141 17. The applicant shall either provide proof of a lot consolidation action through Washington County or record a joint maintenance and access agreement. STAFF CONTACT: Mark Roberts, 1-1 Planning Division. 18. The previous oil sales site is presently partially excavated and fenced, apparently in order to remove contaminated soils. The applicant shall provide a copy of all necessary Department of Environmental Quality inspections and approval prior to issuance of permits to redevelop this property. STAFF CONTACT: Mark Roberts, Planning Division. 19. The applicant shall submit and receive approval of a revised landscape plan before the City approves a building or development permit for the parking lot. A. The revised plan shall provide for landscaped setbacks along Johnson Street and Grant Avenue at least as wide and at least as landscaped as shown on the preliminary plan. B. A minimum 10-foot wide landscaped buffer strip shall abut the west and south edges of the parking lot. (1) At the outside edge of that strip, the revised plan shall provide a minimum 6-foot high sight-obscuring fence or wall or a three-foot high berm planted with evergreen shrubs capable of providing a continuous 6-foot high screen within two years of planting or other landscaping (larger at planting) capable of providing a continuous 6-foot high screen within two years. Fencing and vegetation shall be set back from Johnson Street and Grant Avenue as needed for sight distance. (2) The applicant may alter the nature, number, size and/or spacing of landscape materials shown on the preliminary plan to achieve a buffering and screening effect equal to or greater than that achieved by the preliminary plan with amendments recommended by City staff. If the applicant proposes landscaping substantially similar to that proposed in the preliminary plan, the revised plan shall provide for a row of trees within the west and south landscape strips, consistent with spacing standards in the CDC, and shall provide for at least 50, five-gallon shrubs within the western landscape strip. STAFF CONTACT: Mark Roberts, Planning Division. 20. Before the City approves a building or development permit authorizing development of the portion of the site owned by Harris Oil, the applicant shall amend the preliminary plan to reflect the existence and limitations imposed by an easement over the west edge of that portion of the site or shall show that such an easement does not exist or does not restrict use of the property as proposed. STAFF CONTACT: Mark Roberts, Planning Division. 21. The applicant shall provide a security lighting plan to the Police Department and to the planning manager for review and approval. The plan shall show lighting levels on and off site. The planning manager shall approve the plan if light fixtures do not cast more than one-foot candle of light onto residential property. STAFF CONTACTS: Jim Wolf, Police Department and Mark Roberts, Planning Division. L J • CONDMONALUSEPERMIT (CUP]1-0007-->ST.ANTHONTSCHURCH OYEBFLOWPARKING LOT •t CONUMONSOFAPP90YAL-M964041 22. An arborist report shall be provided that reviews the condition of the tree that is proposed to be removed. The report shall also review any special construction techniques that will be needed to '1 be used to incorporate the two existing trees into the site. If the arborist report finds that the tree to be removed is dead and the others can be incorporated into the site, then no tree mitigation would be required as set forth in the mitigation ratio standard provided in Section 18.150.025(B)(2)(d). If it is found to be necessary to remove additional tree(s) then tree mitigation shall be provided as required of Section 18.150. Also. if the Sequoia trees cannot be preserved a minimum of two additional street trees shall be provided. STAFF CONTACT: Mark Roberts, Planning Division. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING AND/OR SITE INSPECTION: (Unless otherwise noted, the staff contact shall be Brian_ Rager, Engineering Department (503) 639-4171.) 23. Prior to final site inspection, the applicant shall complete the required public improvements, obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said improvements. 24. Prior to a final site inspection, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) mylars, and 2) a diskette of the as-builts in "DWG" format, if available; otherwise "DXF' will be acceptable. Note: if the public improvement drawings were hand-drawn, then a diskette is not required. ~5. Prior to final inspection for the site and/or the building, the design engineer shall provide certification to the Building Official that the private water quality facility was constructed in accordance with the approved plan. STAFF CONTACT: David Scott, 639-4171, ext. 311. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. 1 -l AGENDA ITEM # L uC IL~ JeS~I Lin t For Agenda of October 28, 1997 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Approval of Budget Adjustment 49 for Building SecuritvI PREPARED BY: Wad - Onr DEPT HEAD OK _b4---CITY ADMIN OK SSE BEFORE THE COUNCIL Shall the City Council approve a budget adjustment for improvements to building security for City Facilities? i STAFF RECOMMENDATION Staff recommends approval of the budget adjustment. 1 INFORMATION S GARY Improvements to City Facilities to enhance security were not anticipated in the 1997/98 adopted budget. The full package of improvements recommended by staff amount to $80,800. In order to provide for these improvements, the budget must be adjusted. The adjustment is included in the attached resolution. OTHER ALTERNATIVES ONSIDERED None FISCAL NOTES Increases budget for general capital improvements by $80,800 and decreases general fund contingency by $80,800. CITY OF TIGARD, OREGON RESOLUTION NO. 97- A RESOLUTION APPROVING BUDGET ADJUSTMENT #9 FOR BUILDING SECURITY IMPROVEMENTS. f WHEREAS, The City Council desires to improve security at City facilities and such improvements were not l included in the 1997/98 adopted budget. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Appropriations in the general capital improvements budget unit are increased by $80,800 and general fund contingency is reduced by $80,800. 1 PASSED: This day of 1997. i Mayor - City of Tigard I ATTEST: - 1 City Recorder - City of Tigard RESOLUTION NO.97-_ Page I AGENDA ITEM # FOR AGENDA OF October 28. 1997 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE CONSIDER RECOMMENDATIONS ON SECURITY OF CITY FACILITIES PREPARED BY: Bill Monahan DEPT HEAD OK `f~CI"fY MGR OK i ISSUE BEFORE THE COUNCIL Should the Council authorize improvements to City facilities at a cost of tip to $80,800 to implement recommendations of Administration, City Departments, and the City's Workplace Violence Task Force to improve building security throughout City buildings? STAFF RECOMMENDATION Staff recommends that Council approve appropriation of up to $80,800 to complete several measures to improve building and facility security at the Civic Center, Niche, Water Building, and Public Works Facility. Upon Council approval, staff will return with a resolution to appropriate funds from contingency. INFORMATION SUMMARY Over the past year, City staff members have identified ways to improve facility security. This project was part of an effort to identify ways to protect against workplace violence. The recommendations of a staff committee included: 1. Use of identification badges to be wom by all City employees and visitors to City buildings. 2. Installation of an electronic security gate at the Public Works Facility. 3. Install keypad locking system for exterior doors and certain interior spaces to restrict access to those with proper authorization and identification. Once the recommendations were forwarded to the City Manager, the costs were refined and individual department preferences assessed. Improvements were identified to make the Niche more secure once access to the building is gained. Unlike other City buildings, the Niche does not have a lobby; direct access is gained by entering the main entrance. Additional interior doors are needed to control security. Staff seeks approval from Council of a package of improvements to better secure City buildings and facilities. If Public Works moves from its present location, the electronic gate can be moved and made use of at a new location. Units of the exterior card-lock system is also moveable should expansion of facilities occur. 1 j OTHER ALTERNATIVES CONSIDERED Staff has evaluated several means of improving building and facility security. The cost of installing card readers could be reduced by decreasing the number of doors controlled by the system. It should be noted that the number of doors controlled by the system was based on department preference. The number of locks would be increased if the new building inspection modular and Senior Center were added to the system. I FISCAL NOTES I The source of funds would be from contingency funds set aside in the FY 1997-98 City budget. The estimated cost is $80,800. AGENDA ITEM # !1 FOR AGENDA OF October 28, 1997 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY i ISSUE/AGENDA TITLE Dedication. of the property obtained from Waremart Inc. as right-of-wad ! PREPARED BY: John Hadley /i DEPT HEAD OK L CITY MGR OK ISSUE BEFORE THE COUNCIL Dedication of property obtained from Waremart, Inc. as right-of-way for Dartmouth. , j STAFF RECOMMENDATION 1 Approval of the attached resolution authorizing the dedication. i INFORMATION SUMMARY The City of Tigard purchased property from Waremart Inc. for the right-of-way of SW Dartmouth Street. The g title to this property was taken with a special Warranty Deed. This property needs to be dedicated as right-of- 1 Day so that a tax lot is not created owned by the City of Tigard on a city street (SW Dartmouth Street). 1 t 1 a OTHER ALTERNATIVES CONSIDERED None FISCAL NOTES None t I ' L: 1 j l i 1 1, ISSUE BEFORE THE COUNCIL Dedication of existing reserve strip as public right-of-way to allow access to street from adjoining property. STAFF RECOMMENDATION Approval of the attached resolution authorizing the dedication. INFORMATION SUMMARY i The Community Development Code required the dedication of reserve strips at the temporary end of dead end streets or to limit access to a street from adjacent property at the boundary of subdivision or partition plat. When ,Teets are extended or adjacent property is subdivided it is necessary to dedicate the reserve strips as right of -way. F. i Currently, a plat is being processed that will create lots abutting SW Landau Place, where a reserve strip now exists. Therefore, the dedication of the reserve strips in the adjoining subdivision is required to allow the new lots to gain access onto Landau Place. Previous approval by the Planning Commission has authorized the new subdivision. The attached Resolution will authorize the City Manager to dedicate the reserve strip as public right-of-way so that new lots can have access to the street. AGENDA ITEM # FOR AGENDA OF - October 28. 1997 f I CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Dedication of reserve strip as right of way PREPARED BY: John R. Hadley 7~T1` DEPT HEAD OK CITY MGR OK 6Z26 ti_ . OTHER ALTERNATIVES CONSIDERED FISCAL NOTES AGENDA ITEM # " • I FOR AGENDA OF 10/28/97 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE ii ' i T i lain out 1 Tragla j PREPARED BY: Duane Roberts DEPT HEAD OK CITY MGR OK I$S F BEFORE T Should the city execute an agreement for the purchase of two tracts of land located along the Tualatin River? 1 STAFF RFCOMMFN ATION Approve the acquisition of the two properties and authorize the mayor to sign the attached purchase and sale agreement. 1 INFORMATION SUMMARY { arlier this year Council authoriz d th Ci e e ty Administrator to negotiate with the Tualatin Country Club for the s purchase of two small wooded properties, totaling 2.25 acres in all, located along the Tigard side of the Tualatin River (see map attached). One of the properties is needed to provide right-of-way for the future extension of the Tualatin River trail. This tract is landlocked at present. On 10/21/97 the USA board is scheduled to consider a City request for an 30-foot wide access easement extending from Cook Park across the former Thomas Dairy to this particular tract. The City of Tualatin, whose boundaries encompass the two tracts, has approved the I partition of the properties subject to the ti f h , gran ng o t is easement. OTHER ALTERNATIVES CONSIDERED Do not purchase the properties. Move the trail alignment further back from the edge of the river, entirely onto the adjoining USA property. FISCAL NOTES The purchase price is $25,000. On 9/9/97 Council amended the City's Greenspaces project list to identify the two tracts and budget $25,000 in local share funds for their acquisition. I , I, i " I om W e~ t I 1 a I U PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS ("Agreement") is entered into as of 1997 (the "Effective Date"), between TUALATIN COUNTY CLUB, an Oregon corporation ("Seller") and the CITY OF TIGARD, an Oregon municipal corporation ("Purchaser"). RECITALS 1 A. Seller is the owner of property consisting of approximately 225 acres located in Washington County, Oregon that is described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). B. Purchaser desires to purchase the Property from Seller, and Purchaser and Seller desire to preserve the Property in its natural state, and Seller desires to sell the Property to Purchaser. C. It is the intention of the parties to set forth in this Agreement the terms and conditions of the sale and purchase of the Property. D. These recitals are contractual in nature and shall be construed to give fill effect to the I provisions of this Agreement. AGREEMENT In consideration of the mutual promises set forth in this Agreement, the parties agree as follows: I . Purchase Price. The purchase price (the "Purchase Price") to be paid by Purchaser to Seller for the Property is Twenty Five Thousand and No/100 Dollars ($25,000). The Purchase Price shall be payable in cash or other readily available funds through escrow at the Closing (as defined below). 2. Escrow and Earnest Monev Pavment 2.1 7scrow Agent. Upon execution of this Agreement, the parties shall deliver a copy of this fully executed Agreement to Oregon Title Insurance Coml-..:y, 10220 SW Greenburg Road, Tigard, Oregon 97223 (the "Escrow Agent"). Seller and Purchaser hereby authorize Escrow Agent to take necessary steps for the closing of this transaction pursuant to the terms of this Agreement. Further, Seller and Purchaser hereby authorize their respective attorneys to execute and deliver into escrow any additional instructions consistent with this Agreement as may be necessary or convenient to implement the terms of this Agreement and to close this transaction. 2.2 Earnest Money. Within five (5) days of the opening of escrow with Escrow Agent, Purchaser shall deposit with Escrow Agent $2,500.00 (the "Earnest Money") to be applied to the Purchase Price if the transaction contemplated herein is completed, or if the transaction is not Page I - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS - I I."W" 1-' completed, to be disbursed by Escrow Agent in accordance with the terms of Section 2.3 of this Agreement. 2.3 Cancellation Fee and Ex ep nses. In the event this escrow terminates because of the non-satisfaction of any condition set forth in Section 3 any cancellation charges required to be paid to Escrow Agent shall be borne by Purchaser. In the event this escrow terminates because of Purchaser's default, the cancellation charges required to be paid to Escrow Agent shall be borne by Purchaser. In the event this escrow terminates because of Seller's default, the cancellation charges required to be paid to Escrow Agent shall be borne by Seller. 3. Conditions Precedent to Purchaser's Obligation to Close. Purchaser's obligation to close the transaction described in this Agreement is expressly contingent on satisfaction or waiver by Purchaser of all of the following conditions precedent: 3.1 Approval f Title by Purchaser. 3.1.1 Preliminary Title Report. Within five (5) days of the effective date of this Agreement, Purchaser, at Purchaser's expense, shall obtain a Preliminary Title Report issued by the Escrow Agent, describing the Property, listing the Purchaser or the Purchaser's designee as the prospective named insured, and showing as the policy amount the total Purchase Price. The Escrow Agent shall also deliver to Purchaser copies of any financing statements filed against the Property and true, correct and legible copies of all instruments referred to in such Preliminary Title Report as conditions or exceptions to title to the Property, including wens. (`5`1 3.1 .2 Title Objection 3.1.2.1 Notice to Seller. In the event the Preliminary Title Report should show any exceptions other than the Permitted Exceptions (defined below), Purchaser shall deliver to Seller written notice of disapproval of exceptions within ten (10) days of Purchaser's receipt of the Preliminary Title Report. Failure of Purchaser to disapprove of any exception within such time shall be deemed an approval. 3.1.2.2 Seller's Removal of Exceptions. In the event Purchaser shall disapprove any exceptions to title, Seller, within five (5) days of written notice of disapproval by Purchaser, notify Purchaser in writing of those disapproved exceptions that Seller agrees to remove, or will not remove, prior to the Closing. 3.1.2.3 Purchaser's Remedies. In the event Purchaser does not approve the exceptions and Seller is unable or unwilling to remove the same with the exercise of due diligence prior to Closing, the Purchaser may, in Purchaser's sole discretion, (i) suspend performance of its obligations under this Agreement at no cost to Purchaser and extend the Closing Date until the exceptions Seller has notified Purchaser will be removed have been removed; or (ii) terminate this Agreement, in which event all the rights and obligations of the parties under this Agreement shall be null and void, or (iii) agree to close this transaction subject to all unremoved exceptions. In no event Pace 2 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS ` I 'IIN1-,-Iw:i...r 1,:,\4II:1'IIlWtY A-.1. llll l l shall Seller be required to remove or to reimburse Purchaser for the removal of any lien or other 1 exception to title created by Purchaser's activities with respect to the Property. 3.1.3 Permitted Exceptions. As used herein, the term "Permitted Exceptions" means: 3.1.3.1 The standard printed exceptions contained in the Preliminary Title Report of only zoning ordinances, building and use restrictions, reservations and federal patents, and utility easements of record. 3.1.3.2 The standard printed exception for encroachments, overlaps, boundary line disputes, and any matters which would be disclosed by an accurate survey and inspection of the premises to the extent allowed by applicable riles and regulations unless Purchaser obtains a survey of the Property, at its sole expense, and Purchaser obtains the right to object to any exceptions that would be disclosed by an accurate survey. 3.1.3.3. The standard exception as to the lien for taxes, limited to the period during which Closing is scheduled to occur for which said taxes are not yet due and payable. 3.1.3.4 Any exception contained in the Preliminary Title Report that has been approved by Purchaser. 3.1.3.5 Any lien or encumbrance created by Purchaser, including any from Purchaser to Seller. 3.2 Creation of Lea-al Parcel and Annexation. The parties acknowledge that it will be necessary to partition the Property from the parcel of which it is, at the date of this Agreement, a part and to establish the Property as a legal parcel. Purchaser agrees to bear the cost and expense of such partition and Seller and Purchaser agree that they will execute all documents and perform all acts necessary to complete such partition as promptly as practicable. If, at any time, Purchaser shall determine that the partition of the Property is not feasible, Purchaser shall notify Seller in writing of such determination. Such notice shall serve as a termination of this Agreement, and the parties shall thereafter have no further obligations toward each other pursuant hereto. 3.3 Failure of Conditions Precedent. In the event of a failure of any condition precedent to Purchaser's obligation, or if Purchaser has timely terminated this Agreement pursuant to Sections 3. 1, or 3.2, the escrow and the rights and obligations of Pu: -%aser and Seller under this Agreement shall terminate, and the Earnest Money deposit shall be returned to Purchaser by Escrow Agent, less any cancellation chary*es described in Section 2.3. 4. Seller's Warranties. 4.1 Marketable Title. Seller warrants that, at the time of Closing, that no work, labor or materials have been expended, bestowed or placed upon the Property, adjacent thereto or within any existing or proposed assessment district which will remain unpaid at close of escrow or `.J upon which a lien may be filed at close of escrow. I Pace 3 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 11W 'I-'I GAR II i'IWN 11'.,\x:`w.lllll+n X71 l 42 Parties in Possession. Seller warrants that as of the close of escrow there 1 will be no rental agreements or leases affecting the Property. 4.3 Authority of Seller. Seller warrants that it has the authority to execute this Agreement, to enter into the escrow contemplated herein, to perform all of its obligations hereunder, and that the party executing this Agreement on behalf of Seller has been fully authorized by appropriate resolution to bind Seller to the terms and provisions hereof. 4.4 No Option to Acquire Premises. Seller represents that no person or entity has any right of first refusal or option to acquire any interest in the property or any part thereof. 4.5 Environmental Warranty. Without investigation beyond Seller's staff Seller has no knowledge of any existing or pending claim or of any facts or circumstances that may give rise to any future civil, criminal or administrative proceedings against Seller relating to hazardous materials. To the best of Seller's knowledge without investigation beyond Seller's staff, no hazardous materials have been discharged upon, brought upon or stored on the Property in violation of applicable law. As used herein "hazardous materials" means any substance the presence of which on the Property is regulated by any federal, state or local law relating to the protection of the environment or public health. Covenants Running with the Land. Purchaser and Seller agree that it is the purpose of this Agreement and the sale contemplated hereby to establish, keep and preserve the Property in its natural state. Purchaser and Seller agree that it shall substantially enhance the value of the Propertv and of certain adjacent lands of Seller to maintain the Property as herein provided. To that end, the deed shall contain a restrictive covenant substantially similar to the following: Purchaser hereby covenants for its successors, grantees, and aaigns, that it will preserve the Property in its natural state, and it shall not cause the Property to be subject to clearing, logging, development, paving, building, cultivation, or like activities, provided however that Purchaser and Seller agree that Purchaser may construct a pedestrian and/or bicycle pathway over and across the Property, together with benches and other improvements reasonably associated with such a pathway. In its reasonable discretion, Purchaser may take such affirmative steps as are necessary to avert or remedy damage threatened or resulting from fire, flooding, erosion, collapse, or similar occurrences, but this covenant shall not be construed to allow development of the Property as a public park, motorized vehicles thoroughfare, building site, or for any other use incompatible with a natural area containing a pedestrian/bicycle pathway. 6. Closing. 6.1 Closing Date. The closing (the "Closing") of the sale of the Property by Seller to Purchaser shall occur in escrow in the offices of the Escrow Agent within thirty (30) days of the satisfaction or waiver of the conditions set forth in Section 3, and all subparts thereof, of this Agreement (tile date of the Closing being the "Closing Date"). The transaction contemplated in this Agreement is "closed" when the Deed (as defined below) to be delivered by Seller is recorded, all Page 4 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS I J l other documents required by this Agreement are executed and delivered, and the Purchase Price is paid through escrow to Seller as provided in this Agreement. 6.2 Deliveries to Escrow Agent. In connection with the Closing, the following shall occur, and the performance or tender of performance of all matters set forth in this Section 52 shall be mutually concurrent conditions: 6.2.1 Seller's Deliveries. On or before the Closing Date, Seller, at Purchaser's cost and expense, shall deliver the following into escrow: (i) Statutory Warranty Deed ("Deed"), fully executed and acknowledged by Seller, conveying to Purchaser the Property free and clear of all encumbrances other than the Permitted Exceptions; (ii) At Closing, Seller shall cause to be issued to Purchaser an ALTA standard coverage owner's title policy in the amount of the total Purchase Price that shall insure fee simple, indefeasible title co the Property in Purchaser, subject only to the Permitted Exceptions; provided that Purchaser shall have the right to order an ALTA extended coverage owner's policy. Seller shall be responsible for and pay the premium for the standard ALTA owner's policy; and Purchaser shall pay the additional premium for an ALTA extended coverage owner's policy, together with all related expenses. (iii) Certificate executed and swom to by Seller (a) confirming Seller's United States taxpayer identification number and (b) stating that Seller is not a "foreign person" within the meaning of Section 1445 of the Internal Revenue Code of the United States of America of 1956 and otherwise in compliance with § 1.1445-2T of the regulations promulgated thereunder. 62.2 Purchaser's Deliveries. On or before the Closing Date, Purchaser shall deliver the Purchase Price into escrow, receiving fill credit for the Earnest Money. I 6.3 Closing Costs• Proration s. Seller and Purchaser shall each pay one-half of all escrow fees. Purchaser shall pay the cost of recording the Deed, and Seller shall pay the cost of an ALTA standard coverage owner's policy of title insurance. Purchaser shall pay the additional premium necessary for an ALTA extended coverage owner's policy of title insurance, if Purchaser shall desire such extended coverage, together with all other attendant costs for such extended coverage. Seller shall pay Washington County transfer taxes. Ad valorem and similar taxes and assessments relating to the Property shall be prorated between Seller and urchaser as of the Closing Date, Seller being charged and credited for the same up to such date and Purchaser being charged and credited for the same on and after such date. If the actual amounts to be prorated are not known at the Closing Date, the prorations shall be computed on the basis of the evidence then available; 1 when actual fi`RUes are available a cash settlement shall be made between, Seller and Purchaser. The provisions of this Section 5.3 shall survive the Closing. 6.4 Authority Documents. Purchaser and Seller shall, if requested by the other party or the Escrow Agent, furnish satisfactory evidence of their authority to consummate the sale and purchase contemplated by this Agreement. Pa,-,e 5 - PURCHASE AND SALE AGREEMENT AND JOIN"r ESCROW INSTRI'CTIONS ovwn' A- -31101-171 L i 6.5 Possession. Seller shall deliver to Purchaser possession of the Property on the first full day after completion of the Closing. 7. Reme i s. 7.1 Seller's Remedies. If Purchaser fails or refuses to perform any of its obligations under this Agreement for any reason other than failure of a condition precedent to occur or termination of this Agreement pursuant to Sections 3.1, 3.2, or 3.3, tht:o Seller may terminate this Agreement by notifying Purchaser thereof, in which event neither party shall have any further rights or obligations hereunder and Seller may retain the Earnest Money as liquidated damages and as Seller's exclusive remedy. 72 Purchaser's Remedies. If Seller fails or refuses to perform any of its obligations under this Agreement for any reason other than termination of this Agreement by Purchaser, then Purchaser may either: (i) terminate this Agreement by notifying Seller thereof and thereafter neither party hereto shall have any further rights or obligations hereunder; or (ii) Purchaser may seek any other rights, resources or remedies (including, without limitation, specific performance) available to Purchaser, such rights, remedies and resources hereunder to be cumulative, and not in i exclusion of any other. i S. General Provisions. 4 ` 8.1 Time. TIME IS OF THE ESSENCE of this Agreement. r 8.2 Full Authority. Each of the signatories to this Agreement represents and warrants that he/she has the fill right, power, legal capacity and authority to enter into and perform his obligations hereunder and no approval or consents of any other person are necessary in connection herewith. 8.3 Negation of Agency and Partnership. Any agreement by either party to cooperate with the other in connection with any provision of this Agreement shall not be construed I as making either party an agent or partner of the other party. 8.4 Applicable Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Oregon. 8.5 Statutory Disclaimer. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND 11SE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR i SITING OF A RESIDENCE AND WHICH LIMITS LAWSUITS AGAINST FARMING OR ! FOREST PRACTICES AS DEFINED IN ORS 36930 IN ALL ZONES. BEFORE SIGNING OR I ACCEPTING THIS INSTRU\1,IENT, THE PERSON ACQUIRING FEE TITLE TO THE I PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. i E Page 6 - PURCHASE AND SALE: AGREE\9ENT AND JOINT ESCROW INSTRUCTIONS ,.w. r i.,tv; sRi runrrn' nr: 11MI- M ~ j 1 L_ D i 8.6 Severability. If any provision of this Agreement shall be held to be void or invalid, the same shall not affect the remainder hereof which shall be effective as though the void or invalid provision had not been contained herein. 8.7 Modification or Amendments. No amendment, change or modification of this Agreement shall be valid, unless in writing and signed by all the parties hereto. 8.8 Waiver. Except as otherwise provided in this Agreement, failure of either party at any time to require performance of any provision of this Agreement shall not limit the party's right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision. 8.9 Assignment. Seller shall not delegate its duties under this Agreement to any party without the written consent of Purchaser which may be granted or withheld in the sole and unfettered discretion of Purchaser. Seller acknowledges and agrees that the continuing obligation of Seller regarding remediation of hazardous materials which may be located on the Property and for indemnification as provided in this Agreement constitute a material portion of the consideration for entry into the Agreement by Purchaser. Purchaser shall not assign its right, title and interest under this Agreement Without the prior written consent of Seller, which consent shall not be unreasonably withheld by Seller; provided, however that no such consent shall release Purchaser from its obligations hereunder. 8.10 Successors and Assigns. Subject to the provisions of Section 8.9, this Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, legal representatives, successors and assigns. 8.11 Notice. All notices required or provided under this Agreement shall be in writing. If mailed, notice shall be deemed effective forty-eight (48) hours after mailing as certified mail, postage prepaid, directed to the other party at the address set forth below or such other address as the party may indicate by written notice to the other as provided herein; notice given in any other manner shall be effective upon receipt by the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Seller, to: Tualatin County Club Attention: General Manager P.O. Box 277 9145 SW Tualatin Road Tualatin, OR 97062 With a copy to: Thomas S. Hillier Davis Wright Tremaine LLP 1 300 SW 5th Avenue Portland, Oregon 97201 Page 7 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 1 i i II o~ I iJJ i i 1 I t If to Purchaser, to: City of Tigard Attn: Ed Wegner 13125 SW Hall Boulevard Tigard, OR 97223 i i With a copy to: Pamela J. Beery O'Donnell Ramis Crew Corrigan & Bachrach 1727 N.W. Hoyt Street Portland, Oregon 97209 8.12 Counterpart s. This Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute but one and the same agreement. 8 13 Captions and Headin+ . The captions and headings of this Agreement are for convenience only and shall not be construed or referred to in resolving questions of interpretation or construction. 4 8.14 Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays and legal holidays in the State of Oregon, except that if the last day of any period falls on any Saturday, Sunday or such holiday, the period shall be extended to include the next day - which is not a Saturday, Sunday or such holiday. 8.15 Commissions. Each party warrants that it has not utilized the services of an agent, broker or finder with regard to the transaction contemplated by this Agreement. Seller herebv agrees to defend, indemnify and hold harmless Purchaser, and Purchaser hereby agrees to defend, indemnify and hold harmless Seller, from and against any claim by any third parties not named herein for brokerage, commission, finder's or other fees relative to this Agreement or the sale of the I Property, and any court costs, attorney's fees or other costs or expenses arising therefrom, and alleged to be due by authorization or the indemnifying party. 8.16 Attorney Fees. If a suit, action, or other proceeding of any nature whatsoever (including any proceeding under the U.S. Bankruptcy Code) is instituted in connection with any controversy arising out of this Agreement or to interpret or enforce any rights hereunder, the prevailing party shall be entitled to recover its attorneys', paralegals', accountants', and other experts' fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith, as determined by the court at trial or on any appeal or review, in addition to all other amounts provided by law. Page 9 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS I i l.-R, r'.I w:~' II~~AkI.. 1111YrY AI:'vTlj111~11 ,n 8.17 Entire Agreement. This Agreement constitutes the entire agreement between and among the parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. 1 EXECUTED as of the Effective Date. I SELLER: PURCHASER: Tual, I County Club, an Ore~,)co oration City of Tigard, an Oregon municipal corpo14tion By:, Print Ne: ~^L 1 a G1r~-e Title: rC rs e_ 4~~ o ty • p~C ~Y: tee ao C,t, 4 to u~ Prln T Mai., o r uly Authorized Representative I ACCEPTANCE BY TITLE COMPANY Oregon Title Insurance Company, by its duly authorized signature below, agrees to accept this j escrow on the terms and conditions of, and to comply with the instructions contained in, the I - foregoing Agreement. Oregon Title Insurance Company By: Print Name: Its: i 1 ' Page 9 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS r'f~Nr'r'~Ix ~IrfAHir.r •f )1 itJl'Y. Ar:'.HfJllilrx.^III ens Iq i AGENDA ITEM # f FOR AGENDA OF 10/28/97 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Park Svstem Master Plan Consultant Contract PREPARED BY: Duane Roberts DEPT HEAD OK -d CITY MGR OK FORE THE Should the City hire the firm of MIG to complete a parks master plan covering the city and the Urban Services Area. STAFF RECOMMENDATION Approve the contract and attached work scope and budget as submitted. INFORMATION SUMMARY .,After a long and thorough process, a consultant selection committee, made up of outside experts, a Planning v'-..ommission member, and city Planning and Operations staff, picked MIG Consultants of Eugene and Berkley to complete the Tigard Parks Master Plan study. This decision was based on MIG's strong public involvement and outreach skills, solid technical ability, laudatory references, multi-state experience, and creative energy. The master plan study will look at the long range needs of the community, identify future park sites, establish priorities for development, estimate maintenance costs, and recommend funding strategies. In addition to updating the existing 1987 master plan, the study will include several new elements. These include looking at park needs within the urban services area; a city-wide analysis of suitable sites for new parks; cost estimates for proposed facility and improvement projects; system wide maintenance cost estimates; a detailed site plan and public involvement program for the expansion of Woodard Park; an implementation plan, including the prioritization and phasing of projects; greater public, involvement, including community-wide surveys, community group meetings, and one-on-one interviews with key people. OTHER ALTERNATIVES CONSIDERED Reduce the work scope as outlined below. FISCAL NOTE i the budget established for the study is $59,835. Staff put $40,000 in the CIP for this work. The additional ,ollars will be taken from the "unidentified projects" category in the parks SDC budget. No general funds monies would be used. The $40,000 figure was taken from the city's two-year-old park SDC study. This was a rough estimate developed by the SDC consultants. We now have better information and it is clear insufficient funds were budgeted. As indicated below, the original figure does not reflect the going rate for similar studies. Most of the estimates submitted by the better firms who proposed on the study were in the $50,000 range. Additionally, the proposed work scope includes two components that are outside the normal work program for a straight master plan study. These are preparing a detailed site plan for Woodard Park and preparing and conducting an in-depth maintenance workshop for city parks operations staff. The Woodard park element not only will involve site design; it will involve addressing a neighborhood controversy. The city has received a petition from immediately surrounding landowners expressing opposition to any active park development. The site planning and the public participation of this work task adds about $4,000 to the budget. The maintenance workshop is another extra, one strongly supported by the Operations Division. The workshop will focus on maintenance practices and standards, one of MIG's specialties. Presumably, the upfront cost of this task will be recovered through better maintenance practices. One good idea or adjustment, such as where to plant trees and lay turf, could save thousands of dollars. Another somewhat unique element of the study is the degree of planning commission involvement. At its request, rather than a normal review role, the commission will have a much more participatory or hands-on role in the study. This active involvement of the commission, along with a community-based advisory committee, creates i added meeting preparation and facilitation responsibility for the consultant. The benefit of this and other _ examples of positive community involvement and satisfaction with the study process is that it will help build a 'constituency for proposed park improvements. j Several cities were contacted to discuss study funding levels. Their comments follow: Steve Bozac, THPRD. He { served on the Tigard selection committee and is familiar with the MIG work scope. The district paid $115,000 for its recently completed master plan. With the extras included in our study, such as the maintenance work shop and Woodard park site planning, $59,000 is low. Up to $75,000 would not be unreasonable. Paul Hermon, City of Tualatin. His city is getting ready to do a parks master plan study within the next year or two. Based on recent experience, he has estimated the cost of their study at $50,000 to $75,000. Julee Conway, Gresham. MIG completed their master plan for them last year at a cost of $80,000. The work scope included a lot of demographics, a telephone survey, and a five-year action plan with maintenance costs built in. MIGs budget was among the lowest of the budget proposals submitted. Compared with other municipalities, the Tigard cost is within the normal range. Dave Clark, Albany; past president of the National Park and Recreation Association: Albany paid $40,000 for its study three years ago. It was $15,000 under funded. The going rate is $60-70,000. The consultant has gone through the proposed budget twice and looked at every task. They are unable to come down on any of the tasks more than is reflected in the present budget. Therefore, any cost saving will have to be realized through cutting elements of the study. Opportunities for saving include cutting the maintenance workshop, the Woodard Park special work scope, or public involvement. Although Tigard is a cost conscious city, cutting any of these elements is not the right thing to do. The city needs to make sure the plan is on target. The cost of planning will be a fraction of the total cost of capital improvements called for in the plan. To many citizens, the park plan may be one of the most important documents the city creates. If the city "gets it wrong" in °rms of the process or the product, the plan will be a major liability. Because this is such a visible study, it would oe hard to recover if we do anything wrong. On the other hand "doing it" and "getting it right" will be a major J ® ~-,-~set. As such, staff recommends against stripping out any element of the study. Full funding would support ,,oing a thorough job and developing a highly relevant and useful plan. Final Workplan The following is the scope of services based on our current understanding of the goals and objectives established for the development of a comprehensive Parks System Master Plan for the City of Tigard. TASK 1 WORK PLAN FORMULATION Task la: Project Initiation bteeting MIG will meet with the Planning Division and Operations Department staff to review the proposed work plan, including project goals, all components and methods, the timing and phasing of events, project roles and responsibilities, and logistical requirements. Task Ib: Review Background Materials MIG will review relevant background data provided by the City to clearly understand the project's planning context. Task le Advisory Committee Workshop MIG will conduct a Project Kickoff Workshop with the Advisory Committee, Planning Commission and City staff to review the proposed work plan and obtain agreement of project goals. The meeting will identify key issues, goals, and primary benefits of Department services. The primary purpose of the workshop will be to begin to develop an internal vision for the City that incorporates a benefits-based approach to parks and recreation. MIG views the Master Plan Advisory Committee as an important partner in the plan development. Participants on this committee should be representative of stakeholders in the community, and will have an opportunity to review all Master Plan recommendations in-depth and to provide comments. These comments will be incorporated into the draft Master Plan. MIG will facilitate and graphically record the workshop. One (1) camera-ready summary, including photoreductions of workshop wallgraphics, will be supplied to Department staff for copying and distribution. TASK 2 RECREATION NEEDS ASSESSMENT Task 2a: Scoping Interviews MIG will conduct interviews with community representatives to identify recreation needs, issues, and the key benefits that parks and recreation should provide to the community. The interviews will be used to explore partnership opportunities, preferred roles, and barriers to cooperation. MIG will prepare an interview instrument for review by the Department, and will conduct up to twelve (12) one-on-one interviews. Task 2b: Workshop Kits MIG will prepare workshop materials for City Staff to be used in conducting youth workshops and workshops with community groups. One (1) camera-ready copy will he provided to City Staff. 1 Task 2c: Cominjini:ty srtroey MIG will design and conduct a mail-out survey to a random sample of households in the Tigard urban service area. Approximately /1,000 households will be surveyed and a 10% return rate is anticipated. The survey will measure residents' opinions regarding the key benefits of recreation and parks services; current and future needs; residents' current use patterns or reasons for non-use; planning priorities; residents' willingness to pay for services and improvements; and preferred funding mechanisms. Using demographic data provided by the City, the sample of returned surveys will be post-stratified to reflect the demographic composition of Tigard. 'T'herefore, the survey will gather the opinions of a representative cross-section of community residents, providing statistically valid data for use throughout the planning process. MIG will work with Department staff to identify topic areas and issues to be addressed in the survey, using information obtained during community workshops and interviews. The survey will serve a dual function as an educational tool to provide public information about the project. other subtasks include Task 2d, a pilot test to determine validity of the survey; Task 2e, Coordination of City assistance in administering the survey; Task 2f, Data entry of information collected; Task 2g, Analysis of data and preparation of a written memorandum. The City will provide photocopying and mailing services. Task 2h: Prepare Base Map MIG will advise City of Tigard staff on the preparation of a base map of the Tigard parks planning area to be used as the foundation for depicting various aspects of the Park System Plan at public meetings. Task 2i: Conttmtttity workshops (6) Working with Department staff, MIG will organize and conduct six (6) community workshops. The purpose and general format of these workshops are briefly described below: ■ Workshop P. The first workshop will introduce the project and to identify the benefits of parks and recreation which are most important to the residents of Tigard. Preliminary community goals, facility needs, and other concerns will also be identified. ■ Workshop 11: The second workshop will provide residents with an opportunity to participate in identifying community goals and facility needs as they relate to Woodard Park. o Morkshop AL The third workshop will provide residents with an opportunity to review and comment on preliminary findings of the Park System planning process. ■ Workshop IV: 'fhe fourth workshop will provide residents with an opportunity to review and comment on the draft blaster Plan, including the recommendations, action plan, and financing plan. ■ Workshop V. The fifth workshop will provide community members with an opportunity to review the draft concept plan for Woodward Park. ■ tt orkshop VI: The sixth workshop will provide community members with an opportunity to review the final concept plan for Woodward Park. The Norkshops will be open public forums designed to promote quality interaction and participation through large and small group discussions, goals identification exercises, and questionnaires and/or comment sheets. Each community workshop will involve the following subtasks: t i i Pre-Meeting preparation MIG will work with Department staff to identify and focus workshop objectives and design workshop processes accordingly. %II(; will prepare workshop materials, such as agenda, handouts, and presentation materials, and will make necessary photocopies for distribution at the workshop. MIG will help arrange workshop logistics, such as facilities and refreshments. The Department will pay for room rental, if any, and refreshments. Facilitation and Graphic Recording MIG will facilitate and graphically record the participant discussion to keep discussions focused and to maintain an accurate record of comments and issues. Workshop comments will be recorded on large wallgraphics to capture participant comments in real-time, and to facilitate the now of ideas. areas of agreement, next steps, etc., including photoreducuons of wal grap ics pro g I the workshop. Post-Meeting Summary MIG will prepare a summary of each workshop to provide a written record of comments, issues, I h' duced Burin TASK 3 PLANNING AREA ANALYSIS Task 3a: Analyze Recreation Resources Working With Department staff, MIG will identify: parcels with high potential for recreational use, using data obtained from the City; underserved neighborhoods; and criteria for parkland acquisition. Task 3b: Progress Report MIG will prepare a brief summary of the Planning Area Analysis for review by the Planning Commission. TASK 4 FACILITIES ANALYSIS MIG will work with Department staff to evaluate existing park facilities, as well as other public and private recreation resources, including school facilities. Recreation facility types, including access criteria, facility standards, and future need for cacti type will be investigated. The Facilities Analysis will include the following subtasks: The Facilities Inventory Cfask 4a) will consist of a site visit to existing City facilities with Department staff. Key design, maintenance, and use issues will be identified. The inventory ('rask 4b) of existing facilities, including parks, open space, trails and linkages, and school or other facilities with the potential for recreation or open space use, will be presented in database l table format. MIG will also analyze current facility standards. Current standards will be compared to NRPA standards and to standards utilized in other Oregon cities of comparable size, and will be illustrated in database table format. j ■ TASK 5 MAINTENANCE ASSESSMENT MIG will meet with Department staff to identify appropriate maintenance levels for each facility type, current and projected maintenance costs, and projected staffing needs. Findings will be summarized in a memorandum. One (1) camera-ready copy will be provided to City staff for distribution. TASK 6 DRAFT RECOMMENDATIONS I I I i Task 6a: Draft Master Plan Report Working with Department staff, MIG will prepare a draft 10-year Master Plan for review. The user-friendly report will include illustrations and graphics needed to support the text. The Master Plan will present an overall vision for parks, recreation, and open space, and a framework for maximizing benefits delivered to citizens. MIG will provide six (6) copies of the draft plan to Department staff for review. City staff comments on the draft master plan will be provided to MIG as consolidated written comments. The Draft Master Plan will include a 10-year Parks Capital Improvement Plan Crask 6c), an Alternative Analysis CI'ask 6d), and a Funding Method Analysis (Task 60. MIG will compare anticipated revenues with the expected costs identified in the Capital Improvement Plan. MIG will identify and explore options used successfully by the City and other parks and recreation service providers to increase the availability of facilities and services, and to improve the effectiveness and efficiency of service delivery. MIG will develop financing options for facility acquisition, development, operations, and maintenance. The development of financing options to be analyzed will include, but not be limited to: User Fees and Charges, General Obligation Bonds, Bank Notes/Certificates of ParticipationMevenue Bonds, State and Federal Funds, Serial Levy, Local Improvement District, and Developer or other Contributions. Task 66: Draft Master Plan Map MIG will provide hand-drawn information to the City of Tigard to use in the preparation of one (1) large draft color presentation map, suitable for public presentation, illustrating both existing and proposed facilities which will form the infrastructure of the future parks and recreation system. Natural resource areas will also be indicated on the map. Task 6f.• Operation & Maintenance Cost Analysis As part of the Draft Recommendations, MIG will identify maintenance and operation costs, based on an evaluation of'I'igarci costs and comparison of NRPA maintenance standards, associated with proposed acquisitions and improvements. Task 6g: Advisory Committee Review Meeting MIG will present draft recommendations for an integrated system of parks and recreation facilities to meet future community needs to the Advisory Committee and the Planning Commission for their review and comment. Task 6b: Staff Progress Meeting MIG will meet twice with staff during this task for coordination and review. Task 6i: Public Review Meeting MIG will present the Draft Park System Master flan at a public review workshop. Task 6J.• Woodard Park Concept Plan MIG will incorporate specific planning for Woodard Park into the master Plan process, and will produce one Concept Plan drawing at an appropriate scale illustrating the required program elements. The drawing will be suitable as a starting point for design development. MIG will prepare a color presentation drawing of the draft concept plan for use in the community workshop. Based on the comments of staff and residents, ,MIG will prepare a final color presentation drawing for community review. TASK 7 FINAL ACTION PLAN Task 7a: Final Master Plan Report MIG will incorporate consolidated City review comments in a Final Park System Master Plan. The report will include illustrations and graphics needed to support the text. The Master Plan will present an overall vision for parks, recreation, and open space, and a framework for maximizing benefits delivered to citizens. Task 7b: Final Master Plan Map MIG will advise the City on the revision of the draft map and the preparation of a final large color presentation map, suitable for public presentation, illustrating both existing and proposed facilities comprising the Park System Master Plan. Natural resource areas will also be indicated on the map. Task 7c: Final Parks Capital Improvement Plan Revisions will be incorporated into the Final 10-year Parks Capital Improvements Plan, which will include a list of acquisitions and improvement projects, funding sources, volunteer y opportunities, and priorities. Task 7d: Final Operation & Maintenance Costs MIG will incorporate revisions to the Draft Recommendations into a Final Maintenance and Operation Costs Analysis of proposed acquisitions and improvements, based on evaluation of Tigard costs and comparison of NRPA maintenance standards. Task 7e: Final Advisory Committee and Planning Commission Review Meeting MIG will meet with the Advisory Committee and Planning Commission to review an advance copy of the Final Master Plan prior to presentation to the City Council. Task 7f.• City Corincil Presentation MIG will present, with City staff, the Final Master Plan to City Council for approval. ■ -1 1 W a ~ v CU G rn w y L n! k -1 CI NISI ~ A $ $ $ ~ ~ UR I I I N I I w! ° olo ww i~121212IN N n i 1 8 m w w 21 8 N ~ I I N o w w 0 l I I I I I I O F I I i I I E I 0 0 ICI I I i ~ m r : o m o^ 'w n n .m.l " ; l o ` N o wN l ' 0 ~ 0 I.rn. 0 0 „ I 8 IN I~ M 0 d l 0 ~ 0 o 0 o g 0 . . , ^ . . . w w w w N a ° I irrv e a I ^I •~'I c I a ~ ' ^ I ~ m $ .n e e e o F . ~ I I ' I ° 8 g 8 m 8 g g 6 N ~ IN ° g g g 8 8 m $ $ m 8 8 8 8 8 ° y _ 2 ` a r Fo' I m N I m ~ ^I el~_ l m o Ir m e m m m v ~ rv ~ m m m m `c ' 0 w 0 w 0 w l hl o q X. „ 0 0 0 0 0 0 ~n-7 I I I I I l G I I b tl I I I rv V ~ ~ ~ EM O M I N wI I I O O O O wiw w~w O O O O $ O O O _ O O O O O O O O m O O O O ~ i I I I j r rvl ^i ~o v m a~ C I I it i I m•^I I~^I m I I i I I I I I I I I I mlo M I I Ih~ol~' I""~~:.m°r °Im of nI~I w I oIN„I ~ 0 0 0 0 0 0 ~ I I _ _ I vil8 ~ ~p ' m i I rv l m I I I rv l~ I i , I I I rv ~ I I V' I I ^Ic .rv. m I m ^ O ~ h ~ i'i ~ CI I 'I I I n t I C aI g I el-E GI t: ICI ICI kl~~ I IE el EI I i ~ e 2I I E l ~ j E _i E x ~I "I C l . al ~I a ° g.l rv c I al ul u ~ `o ~ .c E U G cl .I r~ < EI ~ ~3 ~t r I`cl~e c ~ ml~ 1 3 i E c ; t l T c 3 1 = of S= I= E I Z 31; I? IF EI cI ulci nl c 3 t ~ 3 cl E sI =I V ' u ~ X m l `ul ° I .`o_ 1 ~ RI 6 E l .,I of of a z ' . "al ~ r. N ~I~ ,e13 ~I•S 9 ol al. ol~ i I I i I ft 6 i f i I l j J I " l7 ° $ 8 8 8 8 I I" r I i ~~pp N M I 8 ° wl I~~~I~ i~Iw l I i l ~I I o I rv► ►0D ~CIN ~^I~ N ~ i m I I ~ IF=I ~ ~ I I c~ I g ~ ~ a~lg~ E I ~ 6I I ~ - ^ I E ^ ` I » ---81~~° ~I~I6~~►oio l~ 'a t 1 f AGENDA ITEM 1 FOR AGENDA OF: October 28. 1997 1 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Zone Change Annexation (ZCA) 97-0002 - Hawley Annexation PREPARED BY: Julia Powell Haiduk DEPT HEAD OK: _ CITY ADMIN OK:`- ISSUE BEFORE THE COUNCIL 1 i } Should the City Council forward to the Portland Metropolitan Area Local Government Boundary Commission a request to initiate annexation of one parcel consisting of 4.15 acres located south of SW Walnut between SW e 123rd and SW 124th Avenue? STAFF RECOMMENDATION Adopt the attached resolution and ordinance to forward the annexation request to the Boundary Commission and to assign comprehensive plan and zone designations to the property in conformance with the city comprehensive plan. j INFORMATION SUMMARY The proposed annexation consists of territory comprised of one parcel of land, totaling 4.15 acres, which is contiguous to the City of Tigard. It is likely that the property will be developed, however, the applicant has not discussed a development proposal with staff. The applicant will be required to go through the normal development review process at the time development is proposed. Attached is a Resolution initiating annexation and an Ordinance to change the comprehensive plan and zone designations from Washington County R-5 to City of j Tigard Low Density Residential, R-4.5. OTHER ALTERNATIVES CONSIDERED r Deny the request. FISCAL NOTES Since the territory is within the City's active planning area, the City is responsible for the Boundary Commission application fee of $605 by City Council resolution. i l COUNCIL AGENDA ITEM SUMMARY iAwywidc\su1nVca97-02.sum Page I of 1 Julia PH 10/16/97 12:13 PM STAFF REPORT J October 16, 1997 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 i A. FACTS i 1. General Information 1 CASE: i s j REQUEST: 1 APPLICANT: n `J OWNERS: LOCATION: Zone Change Annexation (ZCA) 97-0002/Hawley Annexation To annex one parcel of 4.15 acres of unincorporated Washington County land to the City of Tigard and to change the comprehensive plan and zone from Washington County R-5 to City of Tigard Low Density ResidentiaVR-4.5. Hollytree Properties, Inc. Erroyl and Beverly Hawley 9055 SW 91st, #7 Portland, OR 97223 Same 12450 SW Walnut Street; WCTM 2S103BC Tax Lot 03900 (see vicinity map). 2. Vicinity Information The subject site is 4.15 acres and adjacent to the Fyrestone Subdivision. The ! property has access to SW Walnut Street via a 45-foot "panhandle". The existing city boundary runs along the eastern boundary line of the site. The site is within the urban growth boundary. 3. Background Information The applicants approached the City with a request to annex the property so the property can obtain sewer and other urban services. The applicant has not formally proposed a development for this site, however, the application to the Boundary Commission indicates that the applicant intends to develop a 25 lot PUD. No pre-application has occurred so staff can not comment on the feasibility of such a project. No previous applications have been reviewed by the City relating to this property. STAFF REPORT TO THE CITY COUNCI ZCA 97-0002 - HAWLEY ANNEXATION ~I 4. Site Information and Proposal Description i The parcel is a flag shaped lot that has access to SW Walnut Street. There is an existing single-family dwelling on the site. The site is bordered to the northeast and east by property inside the city limits, zoned R-4.5. The property is bordered on the south, west and northwest by property outside of the city limits, but inside the Urban Growth Boundary. The applicant has proposed and Staff has recommended that the portion of SW Walnut Street that fronts the subject site be included in the annexation request. There is a pond and drainage system on the northeast portion of the site which is identified in the city's Local Wetland Inventory. This water resource, coupled with the topography, will significantly constrain development of the site. The applicants have requested that the 4.15-acre site be annexed to the City by means of the double majority method. Representing the owners of more than half the land (100%) and a majority of the registered electors (100%) of the area proposed to be annexed, the applicants have initiated this action through their written consent. 5. Agency Comments i The Engineering Division, Public Works, Tigard Police and Water Departments, Tualatin Valley Fire and Rescue District, PGE, NW Natural Gas and GTE have reviewed the pro osal and have no obj ti Th Ti d P - p ec ons. e gar olice requested that Staff contact the property owners directly northwest of the site to ask if they j wanted to join the annexation. Staff has sent forms to modify the annexation to ` these property owners. If they chose to annex and if Council supports their annexations, the resolution and ordinance will be amended to include these additional lots. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1 , 10.1.1, 10.1.2, and 10.1.3; and Tigard Community Development Code Chapters 18.136 and 18.138. Staff has determined that the proposal is consistent with the relevant portions of ' the Comprehensive Plan based on the following findings: 1. Policy 2.1.1, requiring an ongoing citizen involvement program, is satisfied because the Central CIT and surrounding property owners have been notified of the hearing and public notice of the hearing has been published. I t a STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 3 a ZCA 97-0002 - HAWLEY ANNEXATION R i ;I 2. Policy 10.1.1, requiring adequate service capacity delivery to annexed 1 parcels, is satisfied because the Police Department, Engineering, Water Department, USA and TVF&R have reviewed the annexation request and have no objections. Adequate services are available and may be extended to accommodate the affected property. 3. Policy 10.1.2, boundary criteria for annexations, is satisfied. Although this proposed annexation will create a boundary irregularity in the in short-term, over the long term the area will be annexed and therefore the entire Walnut Island will be part of the City. The Police Department has been notified of this request and has no objection. The affected land is located within the f city's urban planning area and is contiguous to the city boundary, and 1 adequate services are available to accommodate the property. Staff has determined that the proposal is consistent with the relevant ortions of p the Community Development Code based on the following findings: 1. Code Section 18.136.030, requiring approval standards iur annexation I proposals, is satisfied because: a. Service providers have indicated that adequate facilities and services are available and have sufficient capacity to serve the affected site. b. Applicable Comprehensive Plan policies and Code provisions have been reviewed and satisfied. C. The zoning designation of R-4.5 most closely conforms to the county I designation of R-5 while implementing the city's Comprehensive Plan designation of Low Density Residential. d. The determination that the affected property is a developing area is based on the standards in Chapter 18.138 of the code. 2. Code Section 18.138, providing standards for the classification of annexed land, is satisfied because the affected property meets the definition of a developing and shall be so designated on the development standard areas map of the Comprehensive Plan. C. RECOMMENDATION i Based on the findings noted above, the Planning Staff recommends approval of I ZCA 97-0002. I y STAFF REPORT TO THE CITY COUNCIL i PAGE 3 OF 3 ,9 ZCA 97-0002 - HAWLEY ANNEXATION f. z' 1 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE PREPARED BY:-hane Roberts DEPT HEAD OK ITY MGR OK Should the city adopt a resolution identifying the Tigard Local Wetlands Inventory and Assessment as an official city resource document? F STAFF RECQMMENDATION Approve the resolution adopting the inventory. E*JrQRMAILQN SUMMARY 'ore than two years ago the city contracted with Fishman Environmental Services to update the city's existing ,ketlands inventory to meet Division of State Lands' (DSL) Local Wetland Inventory requirements and to conduct a wetlands functions and values assessment. I The updating required a significant amount of work in order to bring the inventory up to current state standards. Each site was field checked, except where access was denied. Information that was collected and during the study included: O I summ compiled ary sheets for each site, (2) descriptions of wetland/upland boundaries, (3) j mapping of hydric soils, (4) acreage's, (5) National wetlands Inventory classifications, (6) tax lot numbers, and j (7) zoning. A total of 78 wetland sites were inventoried and summary sheets completed. Samples of the summary sheets are attached. Wetland acreage totals approximately 295 acres within the city's active planning area. A lengthy DSL review period followed inventory completion. A lack of state technical staff to complete the J review was the major reason for the holdup. Another factor was a city-agency dispute regarding mapping methods. In addition to document and map reviews, two separate state field inspections to verify boundaries and classifications took place. i An official notification of DSL approval of the inventory and assessment is attached. I d s i I AGENDA ITEM # FOR AGENDA OF October 28. 1447 I CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY f~ ISSUE/AGENDA TITLE Consider Proposal to Place Red Cinder Rock Along the Railroad Tracks PREPARED BY: Bill Monahan DEPT HEAD OK i CITY MGR OK L i ISSUE BEFORE THE COUNCIL Should the Council authorize appropriation of up to $6,600 from the funds authorized for downtown- improvement projects to deposit red cinder on the railroad right of way on either side of Main Street? i STAFF RECOMMENDATION Staff recommends that Council authorize appropriation of up to $6,600 to this project. INFORMATION SUMMARY ~TT~he Downtown Merchants have supported Chuck Woodard's proposal to purchase and spread approximately ~ O cubic yards of red cinder material within the railroad right of way on either side of Main Street. The two- inch deep ribbon of covered area will present a clean and attractive alternative to the present condition of up to 150 feet on either side of Main Street. The Merchants feel that this visual improvement will be compatible with i whatever future plans are developed for the downtown revitalization. ( i OTHER ALTERNATIVES CONSIDERED If the funds are not appropriated, the $6,600 could be applied to future projects recommended by the Downtown Merchants. FISCAL NOTES The cost of the project will not exceed $6,600. A total of $30,000 has been budgeted for downtown projects. i i i 1 . j i:\adm\cathy\council\redrock.doc j 1 I i FROM: i 1 i M- -IE V0 R A N'D U M Honorable Mayor and City Council William A. Monahan, City Manager DATE: October 21, 1997 RE: Downtown Merchants - Use of City Funding During the City Council discussion of the paving of the for Northern property, I mentioned that Chuck Woodard of the Merchants has a proposal for the use of a portion of the funds downtown improvements. Mr. Woodard presented his sugges October 1 meeting of the Merchants. His proposal was endor merchants present. Since Council was short of time when the mentioned at the October 14 Council meeting, the matter was discussion at the October 28 meeting. The Merchants have approximately $30,000 remaining fro authorization of $50,000 made in 1994. The group has discus! with the City and a group such as Livable Oregon to develop downtown area. Prior to developing a plan, however, the merchants have ei Woodard's proposal to eliminate the present unsightly appea railroad right of way on either side of Main Street for up to 1 west. The right of way will be cleaned up in late October as p a Difference Day effort. The right of way will be improved th clearing and litter removal. Mr. Woodard proposes that afte completed, an effort be put forth to keep the area clean while statement. To accomplish Mr. Woodard's vision, he proposes that rei be brought in and spread over the tracks and right of way re ribbon of red on either side of Main Street. The cinder wouli by rail or truck and spread using volunteer personnel. The c 1/4 to 1/2 inch in diameter, a little bigger than pea gravel. TI mer Burlington Downtown set aside for tion at the sed by all proposal was set for J PAGE TWO covered is approximately 100 feet wide and 150 feet deep in both directions. The area would be spread at a depth of about 2 inches throughout the designated area. The total amount of the material is approximately 400 cubic yards. The price, delivered and dumped in the right of ways, is estimated to i be as high as $6,600 at $16.50/yard. Mr. Woodard estimated the cost based on the cost of rail delivery using special rail cars equipped to dump the cinder. He is developing a cost figure for truck transport utilizing trucks, i twice as many loads are needed due to the size of the transporter, however, the delivery could be more direct. j I expect that Mr. Woodard will have comparison figures for the cost of truck transit. Mr. Woodard expects that a slight savings may be achieved. Question before Council: Should up to $6,600 of the remaining f approximately $30,000 set aside for downtown revitalization be authorized for the beautification of the track area? The merchants feel that the red cinder will create a clean visual a earance which will blend into whatever ® PP downtown plan is eventually developed. AGENDA ITEM # FOR AGENDA OF 28 October 1997 CITY OF TIGARD. OREGON COUNCIL AGENDA ITEM SUMMARY PREPARED BY: John Rov DEPT HEAD OK ISSUE BEFORE THE COUNCIL Should the council accept the Letter of Understanding from Washington County to provide street maintenance services for County roads within the City of Tigard Urban Growth Boundary. STAFF RECOMMENDATION The staff recommendation is that Council accept the Letter of Understanding and authorize the City Manager to sign said Letter. The Letter of Understanding is to be included as a part of the IGA with Washington County to provide street maintenance services for County roads in the unincorporated areas within the Urban Growth oundary. INFORMATION SUMMARY This is an addendum to the IGA that was entered into on May 1, 1997. The agreement at that time was for providing building, current planning, and development related engineering services to the unincorporated area. I This agreement is to provide street maintenance services to the unincorporated areas within the Urban Growth Boundary. OTHER ALTERNATIVES CONSIDERED r - 1. Not accept the Letter of Understanding and direct staff to negotiate further with the County. 2. Not accept the Letter of Understanding and let the County maintain its road maintenance responsibilities. FISCAL NOTES The County will provide the City with a transfer of funds on November 1, 1997, in the amount of $72,427.00, to cover maintenance costs for the remainder of FY 97/98. The Letter of Understanding calls for County and City staff to meet quarterly to discuss needs, operations and priorities. The overall design and scope of the road maintenance work program will increasingly be a City responsibility subject to the annual budget negotiations _t,etween the parties. 'ncirywide\w su rrnd. doc ISSUE/AGENDA TITLE Intergovernmental Aereement with Washington County Reearding Street i ) I Aftk aA ~ ~r~i► ~r~■ V /Arl'ING ~ vl•l wulr ~ t( OREGON i 3 (f t J 1 October 14, 1997 ~ j ) John Roy, Property Manager f{ City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Dear John: This wili confirm our phone conversation and serve as a letter of understanding related to the Inter-govemmental Agreement between the City and the County for road maintenance services in the areas indicated on the maps in the IGA. { The County will transfer to the City 572,427 for the period of November 1, 1997, through June 30, 1998, and anticipate 5108,640 to be transferred for the period of July 1, 1998, through t June 30, 1999. These funds will be used by the City to provide all normal and routine road operations and maintenance services to the subject area as provided in the attachments to the IGA and described in this letter and your letters of October 6 and o, 1997. Only those roads inside the subject area as shown on the agreement maps are covered. Street sweeping and storm drain system maintenance will continue to be provided by the Unified Sewerage Agency under their Surface Water Management Program. Drainage maintenance of roadside ditches will be provided by the City as funded by the County. The City will exercise broad discretion in its expenditure of the road maintenance finds provided by the County to meet the needs of the service area. The County and City staff will meet quarterly to discuss needs, operations and priorities. The overall design and scope of the road maintenance work program will increasingly be a City responsibility subject to the annual budget j negotiations between the parties. Thank you for all of your efforts on this agreement. i look forward to continuing the close and cooperative relationship between the City of Tigard and Washington County as we implement these transitions in service provision. I Department of Land Use R Transportation • Operations J4 Maintenance Division ~ 2470 SE River Road. MS 51. Hillsboro, OR 97123-7924 phone: (503) 681-7037 • fax: (503) 681-7084 L a Feel free to call on me or any of the Operations and Maintenance staff if we can be of help. Sincerely, i Mike Maloney, Manager Operations and Maintenance Division MM:jr c: John Rosenberger Greg Clemmons Sheila Giambrone Dave Schamp c/file 1 i AGENDA ITEM # FOR AGENDA OF October 28. 1997 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Willamette Water Sealy Agency - Intergovernmental Agreement ( I I PREPARED BY: Ed Wegner ll DEPT HEAD OK CITY MGR OK i A ISSUE BEFORE THE COUNCIL To sign the attached IGA to participate in the Willamette Water Supply Agency and work collectively and cooperatively to develop and utilize this river as a viable domestic water supply. STAFF RECOMMENDATION lr The City Council should approve the IGA and continue to authorize the Public Works Director to continue 4 working on issues including water rights, public relations, source protection issues, funding and cost analysis and 3 other issues related to the Willamette River. INFORMATION SUMMARY -staff has been working on water supply options for over three years, one of which is becoming a participant in a Regional facility. This agreement would also provide a more unified force in working with Oregon Water Resource Commission in securing water rights and future water treatment plant on a Regional basis that is consistent with the newly adopted Regional Water Supply Plan. This agency will take the lead in source j protection, public education and preserving the Willamette as a water resource. Tigard will take an active i leadership role in this agency. Currently the following agencies are reviewing this intergovernmental agreement lI with anticipated participation: Tualatin Valley Water District, Clackamas River Water, Canby Utility Board, City of Sherwood, City of Gladstone, and the City of Tualatin. OTHER ALTERNATIVES CONSIDERED • Continue purchasing surplus water from the City of Portland. • Continue purchasing surplus water from Lake Oswego. • Find alternative source to purchase surplus water. • Build a water treatment facility by ourselves. FISCAL NOTES Financial impact will be dependent upon the extent of our involvement until a program is developed. The cost at this point in unknown. 3 i 1 1 s i i r i 1 i i a i i { i -'1 INTERGOVERNMENTAL COOPERATIVE AGREEMENT CREATING THE WILLANIETTE WATER SUPPLY AGENCY THIS INTERGOVERNMENTAL COOPERATIVE AGREEMENT is entered into by and between the following parties: Tualatin Valley Water District, a Domestic Water Supply District formed under Chapter 264 ("IVWD'~, Clackamas River Water, a Domestic Water Supply District formed under Chapter 264 ("CRW Canby Utility Board, a municipal utility formed pursuant to ORS Chapter 225 ("CUB"), the City of Sherwood, a municipal corporation ("SHERWOOD'~, The City of Gladstone, a municipal corporation ("GLADSTONE'~, the City of Tigard, a municipal corporation ("TIGARD'~ and the City of Tualatin, a municipal corporation ("TUALATWN . RECITALS: A. WHEREAS, the parties hereto have the authority to enter into this Agreement pursuant to their respective principal acts, charters, and ORS 190.003 et sea.; and B. WHEREAS, the parties with the present exception of SHERWOOD and TUALATIN either hold water rights or have applications pending to appropriate water for municipal and industrial purposes on the Willamette River within that reach of the river from Lake Oswego to Wilsonville; and C. WHEREAS, the parties are participants in the Regional Water Providers Consortium ("Consortium's to develop and implement the Regional Water Supply Plan ("RWSP'~. The RWSP anticipates the use of the Willamette River as a source for a portion of the entire metropolitan region's domestic supply through the year 2050; and D. WHEREAS, the RWSP anticipates that some entities may desire to develop and use the Willamette River prior to broader application of that water throughout the metropolitan region and that the entities hereto presently or in the near future will have water supply needs that could be met by the Willamette River and it may be the most economic, efficient, and available source; and E. WHEREAS, consistent with the RWSP these entities wish to create the Willamette Water Supply Agency ("WWSA") under ORS Chapter 190 to study their local water demands, jointly evaluate water quality and the use of existing permitted rights and future rights and areas of usage, and jointly evaluate and determine potential sites for a water treatment plant, intake and pipeline routing and be the lead agency within the Consortium concerning municipal appropriation from the Willamette River; and F. WHEREAS, the parties are desirous of instituting a public education effort relating to use of the Willamette River as an appropriate municipal water source and to undertake efforts to keep the Willamette River under consideration as a viable source for local and regional needs; 1 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT CTMrPNMTVWD019&1GA 1 L r and being fully advised, NOW, THEREFORE, the parties hereto agree as follows: SECTION 1. WILLAMETTE WATER SUPPLY AGENCY 1.1 WWSA. There is hereby created the Willamette Water Supply Agency ("WWSA'~. The members of WWSA shall number seven (7). The governing body of each party shall appoint one (1) member. Members of WWSA shall serve at the pleasure of their respective appointing bodies. The addition of new members shall require the consent of a two- thirds majority of existing members. 1.2 General Powers and Duties. WWSA shall have the following powers: 1.2.1 To adopt such bylaws, rules, regulations, and policies as it deems necessary in furtherance of the purposes of this Agreement; 1.2.2 To study the best method to develop water sources on the Willamette River between Wilsonville and Gladstone. Scope of work for specific tasks or projects/project governance and monetary responsibilities shall be negotiated on a case by case basis which may be by addendum to this Agreement; 1.2.3 To perform and exercise pursuant to the Charter or principal Acts of the parties or by Section 190.003 through 190.250 of the Oregon Revised Statutes, all powers pursuant tc applicable charter, ordinance, or state or federal law which are necessary or desirable to efficiently and effectively develop water sources on the Willamette River; 1.2.4 To receive and hold existing water rights and to develop water rights on the Willamette River, and all actions necessary to preserve and protect them, to take all action necessary to design, permit, construct and operate, maintain and replace water intakes, treatment, storage, transmission and distribution facilities, equipment, and rolling stock as agreed ("the System'; 1.2.5 To issue, sell or otherwise dispose of bonds, securities, or other forms of indebtedness, including the power to issue revenue bonds under ORS 288.805 to 288.945; 1.2.6 To sell water, adopt system development charges and engage in rate making pursuant to state and federal law as authorized by the members; 1.2.7 To engage in public education and public involvement to keep the 2- INTERGOVERNMENTAL COOPERATIVE AGREEMENT CIB%TVW1ATVWD0199.IGA i 1 L- ~i i i I { f f f i i I, i C) Willamette River under consideration as a viable local and regional water source and to educate the public regarding the viability of the Willamette River as a domestic water source; 1.2.8 To purchase, own, hold, appropriate, and condemn land, facilities, rights of way either in its own name or in the name of the individual parties hereto to develop Willamette River rights. 1.2.9 The parties acknowledge that WWSA shall be the lead agency and contact point between the members hereto and the Water Providers Consortium as to issues concerning municipal appropriation from the Willamette River, unless otherwise agreed. 1.3 Duration. Subject to Section 3 of this Agreement dealing with termination or withdrawal, the duration of this Agreement shall be perpetual. 1.4 Meetings: Manner of Acting. Meetings of WWSA shall be conducted in accordance with the provisions of the Oregon Public Meeting Law, Oregon Revised Statues Section 192.610 et seq. Four (4) members of WWSA shall constitute a quorum for the transaction of business and if only a quorum is present, a majority of those present shall be necessary to decide any issue except financial matters or new membership. Any decision of WWSA seeking financing or other financial obligation, or other fors of indebtedness, shall require an affirmative vote of the governing body of each entity that will financially participate in any project. The WWSA member may bind his/her entity without governing body approval if the amount in question is within his/her delegated contracting authority. 1.5 Officers. Annually, at the beginning of each fiscal year, WWSA shall elect from its membership a Chair and Vice-Chair who shall be officers of WWSA who shall serve a ter of one (1) year. WWSA shall also appoint a Secretary who need not be a member of WWSA who shall be responsible for WWSA's records and shall keep a record of all WWSA proceedings. Officers shall serve at the pleasure of WWSA or until their successors shall be appointed and take office. 1.6 Budgeting. Accounting. Audits. WWSA shall annually prepare a work plan and an estimate for the next fiscal year and distribute it to the members by February 1 of each year. This work plan shall be referred to as general administrative. It is anticipated that each party shall budget its own staff and funds for costs or provision of in-kind services as necessary. Each parry's apportioned share of the general administration expenses shall be determined by the same formula used to determine annual administrative contributions to the Regional Water 4 Supply Consortium. For subsequent projects, for improvements and facilities, each party's apportioned share of the expenses shall be estimated and set forth in addenda to this agreement detailing the scope of work to be performed, participants and ownership, and the amounts so estimated shall be budgeted and appropriated by the participants in accordance with local budget 3 - rNTERGOVERNMENrAL COOPERATIVE AGREEMENT c1s\rvwo\rvwo0198.1cx L J L I. r ) i i j i i law. WWSA shall maintain financial reports showing its expenditures and receipts by category item for each transaction through the last working day of the preceding calendar month. If necessary, WWSA shall cause an independent audit to be performed and completed by a certified public accountant in accordance with ORS 297.405 et seg., within six (6) months following the end of each fiscal year. SECTION 2. SURFACE WATER RIGHTS & FACILITIES. 2.1 Delegation of Powers. The functions of source management, and water treatment may be performed by WWSA, pursuant to subsequent agreements authorized by the members. Transmission and storage shall be performed by the parties using those facilities. It is the primary intent and purpose of this Agreement to allow the individual entities to develop information, participate in the study and negotiate relevant agreements regarding implementation of recommendations to design, construct, finance, own and operate facilities within their. respective boundaries. WWSA may contract with any entity regarding performance of services. WWSA and each individual entity shall define the scope of individual entity contributions or individual efforts. 2.2 Contributions of Vested and Pending Water Rights. Presently permitted surface water rights to the Willamette River are held by TVWD (130 mgd) as WRD Permit No. 49240, (hereafter "existing rights'D. Pending applications before the State Water Resources Department ("WRD'D filed by all parties, except SHERWOOD and TUALATIN, are also set forth on Exhibit 1 (hereafter "new rights"). The existing and new rights together specify areas of usage covering the service territories of all members of WWSA. Following execution of this Agreement and formation of this entity, the parties hereto agree to execute all documents necessary to assign ownership of the existing 1973 permit to WWSA and identify WWSA as the applicant on the pending application for new rights. Thereafter WWSA shall exclusively own and manage the resources subject to this Agreement. 2.3 Allocation of Water and Diversion Point. WWSA shall become the sole holder of these rights. WWSA and its members shall each have a duty of good faith and fair dealing with each other and commitment to reasonably allocate the Willamette River water and manage the System according to an individual member's needs, considering that member's: 2.3.1 Capital contribution determined as land is acquired, facilities are constructed or cash is contributed; 2.3.2 Demand forecast for a rolling 20-year time period; 2.3.3 Developmcnt and implementation of a water system management and conservation plan consistent with the requirements or guidelines of the Regional Water Plan. 2.3.4 Other factors as agreed by separate addenda or written agreements. 4- INTERGOVERNMENTAL COOPERATIVE AGREEMENT CIB\TV WD\TV WD0199JGA ~r Subject to Section 5.2 below, WWSA shall identify and approve diversion points along the subject reach of the Willamette River and take necessary action before WRD to allow for withdrawal in the following general quantities at the following diversion points: 1973 Rights Permit # ~ WILSONVILLE 154.6 cfs/99.40 mgd 49240 I i I CAiiNBY/CRW 35 cfs/22.60 mgd 49240 i GLADSTONE 12.4 cfs/8 mgd 49240 i TOTAL 202 cfs/130 mgd 49240 i When permits are issued for the new rights, water allocation generally will be consistent with the . Regional Water Supply Plan and the points of diversion identified in the applications unless the ` parties otherwise agree by addendum or separate agreement. 2.4 Administration of Water Rights. By assignment of ownership of the Willamette River water rights, WWSA shall have the full authority to modify, combine or abandon rights and permits and seek new sources through new permits or contracting for stored water for municipal and industrial needs as the members approve. 1 SECTION 3. CAPITAL CONTRIBUTIONS. I 3.1 Assets. Without limitation, the existing and new rights enumerated in attached Exhibit 1 (the "System") shall be employed in the System and are hereby contributed by the parties. Future agreements or addenda will identify other assets and how they are to be accounted for under this Agreement. 3.2 Effect of Membership. Each party's annual contribution towards General Administration shall entitle it to member status and each party shall own an undivided interest i . t in the system as reflected, which shall be adjusted by capital contributions over time as set forth in Addenda or by separate written agreement. If membership status is maintained, then each party will have the right to equity participation in the construction of new or expanded facilities as they are proposed, have an option to purchase an interest in new or expanded facilities at future times, and/or to be a wholesale customer. SECTION 4. OPERATION AND MAINTENANCE. 4.1 Generaliv. At such time that facilities are constructed, unless otherwise agreed in writing by the entities financially participating in the facility, the system shall be operated and maintained by WWSA, WWSA may contract with members or others to provide daily management of all or a portion of the System. Operation and maintenance will be determined I 1 s u 5- INTERGOVERNMENTAL COOPERATIVE AGREEMENT CIB%rYWD\NWDOI9&.IGA i F l f n at that time by the equity participants through subsequent agreement or addendum. SECTION 5. CONSTRUCTION OF FACILITIES. 5.1 Proposal to Construct. If any member should desire to construct, expand or modify the System as now or hereafter configured, including the siting of a plant at one of the designated diversion points of 2.3 or at another location on the Willamette River, it shall notify WWSA and the other members in writing of the proposed construction, expansion or modification needs ("Project"). WWSA shall have 90 days in which to determine whether to participate in the proposed project. The notification shall include cost estimates and a reasonably detailed description of the proposed project. The members, within 90 days, shall notify the WWSA of their acceptance or rejection of participation and cost shares shall be allocated. If notice of acceptance is not received within 90 days, the proposed project shall be deemed rejected by the members failing to respond. 5.2 Individual Rights. The parties intend to provide a method of decision making by anticipated diversion points. Facilities constructed shall be in the name of WWSA but decision making shall be by the participating members as set forth in the Project Agreement. If WWSA elects not to construct, expand or modify as proposed by an individual member or members, then by separate written agreement or addenda any member or members may proceed with the 1973 rights assigned to that diversion point if the members of WWSA likely to be served by that diversion point or facility approve the technical aspects of the proposal to ensure the project will not be inconsistent with the RWSP or future compatibility with individual members systems. If the proposal is found inconsistent or incompatible, the member(s) may use its own water rights held outside this agreement. Under all circumstances, no such project shall impair the ability of the System to serve the other members or significantly increase the cost of usage to the other members unless the member(s) undertaking the project agrees to pay the increased unit costs to WWSA or the members which have declined to participate in the expansion. If the members likely to be served by the diversion point or facility do not approve use of the 1973 rights, then the individual entity may use other water outside this agreement or use the termination provision of Section 7. The parties agree that absent termination, only WWSA may apply for water rights to the Willamette River. 5.3 Tigard. In consideration of the abandonment of its 1995 permit application to appropriate 40 cfs, TVWD and the members of WWSA hereby allocate 40 cfs of the 1973 right at the Wilsonville diversion point to Tigard. If Tigard desires to construct a conventional treatment plant at Wilsonville to develop this right and no other members wish to participate, Tigard may proceed without further approval from WWSA or its members, but subject to 5.5 below. 5.4 Regulatory Matters. All parties served by a facility shall share proportionately in cost if expansion or modification is necessary to meet regulatory requirements, unless subsequent agreement or addenda provides otherwise. 6- INTERGOVERNMENTAL COOPERATIVE AGREEMENT aaavwn\rnw0198.1cA I L J 5.5 Option to Acquire Interest. WWSA or a member rejecting a project shall have the option, at any time within ten (10) years of the date of notice of rejection, to purchase an ownership share of the project at a mutually agreed upon value of the assets and payment terms. i SECTION 6. SALE OF TREATED WATER TO OTHER ENTITIES. j 6.1 WWSA. The members agree that the Willamette River water rights now existing or hereafter acquired are for regional application as part of the RWSP. The parties agree to work E in good faith to accommodate other users on an ownership, wholesale, mutual aid or emergency { j basis. Subject to paragraph 6.2, WWSA or its members shall have the power to sell treated water to other non-member entities at prices determined from time to time by WWSA. 6.2 Proceeds of Sales. The proceeds attributable to the sale of treated water to an outside entity shall be paid to WWSA. Any distribution of these proceeds shall be as the members agree after expenses and costs of debt service, construction, operation and maintenance i are met. 6.3 Transmission Line Charges. Sales to any entity which may require transmission through lines may be subject to a transmission line charge to be established by the owner. Charges for use of transmission lines shall be collected by WWSA from the user and paid to the owner of the transmission line. 6.4 Other Charges. Other charges may be established by WWSA as necessary and - i agreed by the parties. t SECTION 7. TERMINATION. 7.1 Notice of Election. Any party may elect to terminate this Agreement and withdraw from WWSA by giving written notice of its desire to WWSA and other member parties. Withdrawal shall be effective one hundred eighty (180) days from the date of notice. Upon the effective date of notice of withdrawal, unless otherwise agreed by the withdrawing party and WWSA, that party shall immediately cease membership in WWSA. The withdrawing entity shall continue to pay its share of, or be responsible for, any previously incurred joint debt, and shall hold harmless the remaining members for those financial responsibilities and obligations i attributable to the withdrawing party. ` 7.1.1 If WWSA, after receiving the notice of termination, desires to purchase the terminating interest in the System, it shall notify the terminating member in writing of its desire to purchase the terminating member's interest at lesser of market value or depreciated book value. Such notice shall be 1 given within 60 days of receipt of the notice of termination. 1 7.1.2 If WWSA declines, then the one or more remaining members may give notice within 60 days after notice of WWSA's decline of that member's i j 7- INTERGOVERNMENTAL COOPERATIVE AGREEMENT CIB\rVWD%rMD0199JGA I 1 i I l intent to purchase as provided herein. Unless otherwise agreed in writing, the purchase shall be purchased equally among the buying members and their capital accounts shall be adjusted accordingly. 7.1.3 The price to be paid, whether determined by mutual agreement or arbitration, shall be paid to the terminating party in full within 12 months following the date of termination set forth in the notice of intent to terminate. If the other party fails to pay the purchase price within 12 months of the date of termination and if the parties are unable to agree upon a mutually acceptable payment schedule, then the terminating member shall have the right to sell its portion of the facility to any other entity approved by a majority of the governing boards or councils from the i remaining members. 7.1.4 In the event that the WWSA or the remaining members fail to purchase the interest of the terminating member within the 12-month period, or in the event the WWSA or the remaining member(s) decline to purchase its interest, then the terminating member's rights and duties shall be those specified in this Agreement until a sale is made to some other entity or some other mutually agreeable disposition is made and the original owner shall remain responsible for all terms and conditions of this Agreement. 7.1.5 Notwithstanding anything to the contrary, because TVWD contributed the existing permitted rights (1973 rights), no withdrawing party shall be i compensated for the value of those 1973 rights except TVWD. If TVWD decides to withdraw from WWSA, it may: a) leave the entire 1973 water right with WWSA and WWSA shall purchase the right as appraised along with the entities' other assets. However, 40 cfs shall not be valued as part of this appraisal and purchased because it is allocated to TIGARD in consideration of TIGARD'S relinquishment of its 1995 permit application; or b) leave the allocated portion of the 1973 rights which will be valued and purchased by WWSA and take the unused remainder back to its sole ownership. However, 40 cfs shall not be valued as part of this appraisal and shall be included in the portion left in ! WWSA as it is allocated to TIGARD in consideration of TIGARD's relinquishment of the 1995 permit application; or s c) TVWD may leave all the 1973 rights and, in lieu of monetary compensation, receive an equal amount (202 cfs) of junior rights f under 7.1.6 below. f i d ' 8 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT cia%rvwn%rnvDOwa.tcn L_ 1 n i i i , 7.1.6 For the parties other than TVWD, in the event of termination, the terminating member shall be entitled to have conveyed to it by WWSA the water rights associated with the pending application the terminating member contributed to WWSA. For example, if the pending application was approved for Canby in the amount of 12.4 cfs and Canby terminates, Canby shall relinquish all rights and claims to any water allocated to its diversion point under the 1973 Permit contributed by TVWD and WILSONVILLE, and WWSA shall assign to Canby the 12.4 cfs Permit right that Canby contributed to the entity. Thereafter Canby shall rely only upon that 12.4 cfs water right and have no further right or claim to other WWSA rights. 7.1.7 The parties agree that TIGARD shall have a firm right to 40 CFS of the TVWD 1973 rights in consideration of its abandonment of its 1995 permit application. 7.1.8 The parties agree to cooperate to execute all documents necessary to make water right transfers and assignments. 7.2 Breach. Upon material breach of this Agreement, WWSA or an aggrieved member may seek all remedies available at law or in equity. 7.3 Dispute Resolution. 7.3.1 Method for resolving disputes. If a dispute arises between WWSA and a member or between members regarding breach of this Agreement or interpretation of any term of this Agreement, the parties shall fast attempt to resolve the dispute by negotiation, followed by mediation, if negotiation fails to resolve the dispute. Step One: (Negotiation) The Manager or other persons designated by each of the disputing parties will negotiate on behalf of the entities they represent. The nature of the dispute shall be reduced to writing and shall be presented to each Manager who shall then meet and attempt to resolve the issue. If the dispute is resolved at this step, there shall be a written determination of such resolution, signed by each Manager and ratified by the WWSA which shall be binding upon the parties. Step Two: (Mediation) If the dispute cannot be resolved within thirty (30) days at Step One, the pantie: shall submit the matter to non-binding mediation. The parties shall attempt tr agree on a mediator. If they cannot agree, the parties shall request a list of frvt 9- INTERGOVERNMENTAL COOPERATIVE AGREEMENT CIB\TVNVMTVWD0198.1G/ H i I s 3 i 4 L - -1 (5) mediators from an entity or firm providing mediation services. The parties will attempt to mutually agree on a mediator from the list provided, but if they cannot agree, each party shall select one (1) name. The two selected shall select a third person. The dispute shall be heard by a panel of three (3) mediators and any common costs of mediation shall be bome equally by the parties who shall each bear their own costs and fees therefor. If the issue is resolved at this step, a written determination of such resolution shall be signed by each Manager and approved by the WWSA. 7.4 Jurisdiction of Circuit Court. After exhaustion of 7.3 processes, if the parties agree, any dispute or claim shall be settled by arbitration under the jurisdiction of the Circuit Court of the State of Oregon for Clackamas County pursuant to ORS Chapter 36. In the absence of such an agreement, that same court shall have jurisdiction. SECTION 8. AMENDMENT. This Agreement may be amended by mutual written agreement of the parties, signed by all of the parties. Future tasks such as public relations, education or other work deemed necessary shall be agreed to by the parties through an addendum to this Agreement setting forth the scope of work and method of payment. SECTION 9. GENERAL PROVISIONS. 9.1 Merger Clause. This Agreement embodies the entire agreement and understanding between the parties hereto and supersedes all prior agreements and understandings relating to the subject matter hereof. 9.2 New Members and Assignment. WWSA may accept additional government entities as participants under terms and financial conditions that WWSA deems just and equitable on a case-by-case basis and only upon an affirmative vote of two thirds of the members. Except for changes of organization through entity formation, merger, consolidation or annexation., no party shall have the right to assign its interest in this Agreement (or any portion thereof) without the prior written consent of a majority of WWSA. 9.3 Severabilitv. In case any one or more of the provisions contained in this Agreement should be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 9.4 Notices. Any notice herein required or permitted to be given shall be given in writing, shall be effective when actually received, and may be given by hand delivery or by United States mail, first class postage prepaid, addressed to the parties as follows: ~i i i 10 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT CB\TV WD%TV Wp0198.IGA i Tualatin Valley Water District City of Sherwood Attn: General Manager Attn: City Manager P.O. Box 745 20 NW Washington j Beaverton, Oregon 97075 Sherwood, Oregon 97140 j e Clackamas River Water City of Tualatin Attn: General Manager Attn: City Manager P.O. Box 2439 18880 SW Martinazzi Avenue Clackamas, Oregon 97015 Tualatin, Oregon 97062 i i Canby Utility Board City of Gladstone I Attn: General Manager City Administrator P.O. Box 1070 525 Portland Avenue Canby, Oregon 97013 Gladstone, Oregon 977027 4 City of Tigard Attn: City Administrator P.O. Box 23397 Tigard, Oregon 97223 The parties hereto are responsible to notify each other of changes and to keep this list current. t 9.5 Meetings. Regular meetings of WWSA shall be conducted at such times as WWSA may designate but shall be no less than quarterly. The chairman, upon his own motion, may, or at the request of two (2) members of WWSA, shall by giving notice to members of WWSA call a previously unannounced special meeting of WWSA for a time not earlier than twenty-four (24) hours after the notice is given, unless an emergency exists. In cases of an emergency, notice reasonable under the circumstances shall be given. Four (4) members of WWSA shall constitute a quorum. No action will be taken by WWSA unless a majority of WWSA present votes to support the action proposed, unless a greater number of votes is required. i!f( 9.6 Advisorv Boards: Technical Committees. WWSA may appoint advisory boards I technical committees. The advisory boards shall meet as needed and shall review and make recommendations to WWSA on such matters as WWSA so assigns. A technical committee shall meet not less than quarterly to develop methods of coordination and functioning between WWSA I and the entities. 1. 9.7 Attomev Fees. If a dispute should arise between the parties regarding any term or portion of this Agreement, the prevailing party shall be entitled to such reasonable attorney fees as a trial court or arbitrator may award and on any appeal therefrom. i 9.8 Counterparts. This Agreement may be executed in any number of counterparts and by the parties on separate counterparts, any one of which shall constitute an agreement between 11 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT C1B%TVWD%TVWD0198.IGA r 1 J and among the parties. 9.9 Joint and Several Obligations. For approved WWSA activities, the parties shall { be jointly and severally liable to third parties for payment of debts and costs incurred. No party f to WWSA shall be liable for damages, debts or claims caused solely by the negligent act or I omission by l1VWSA or other members. The individual entity causing damage by its sole negligence or wrongful act shall be individually liable. i 9.10 Instruments of further Assurance. From time to time at the request of any of WWSA, each member shall, without further consideration execute and deliver such additional instruments and shall take such further action as may be reasonably required to fully effectuate the purposes of this Agreement. IN WITNESS WHEREOF, the parties have executed this Intergovernmental Cooperative Agreement by the date set forth opposite their names below. TUALATIN VALLEY WATER DISTRICT Date: 1997 By: Rob Mitchell, President By: Tom Jackman, Secretary CLACKANIAS RIVER WATER Date: 1997 By: Paul Rogers, President By: Lowell Hanna, Secretary 1 12 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT 1 CANBY UTILITY BOARD ! ' l Date: _ 1997 By: Robert P. Westcott { i By: ! Debra Knah y CITY OF TIGARD i ! Dated: 1997 By: ~ ! James Nicoli, Mayor By: Recording Secretary Date: 1997 CITY OF SHERWOOD i By: Ron Tobias, Mayor 1 By: ~ Recording Secretary I l Date: 1997 CITY OF TUALATIN i By: Lou Ogden, Mayor By: Recording Secretary 's J I t ~ 13 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT ClB\r"M\TVwD0199.lcA i i f CITY OF GLADSTONE By: Wade Byers, Mayor By: Recording Secretary ® 14 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT CIM VWD\7VWD019LIGA Applicant CUB TVWD Gladstone CRW Tigard Applicant I TVWD i i i 15 - EXHIBIT 1 L- EXHIBIT 1 PENDING APPLICATIONS Amount Priority Date 12.4 cfs 12/27/90 387 cfs 5/31/91 12.4 cfs 9/13/91 22 cfs 4/27/92 40 cfs 3/28/95 EXISTING PERMITTED RIGHTS Amount Priority Date 202 cfs 6/19/73 -1 Application # 1 71072 71651 71834 72355 80342 Permit # I 49240 i 30000 SW Town Center Loop E , City of Wilsonville, Oregon 97070 (503) 682 1011 C ii WILSONVILLE (503) 682-1015 Fax 0 C T 2 7 in OREGON (503) 682-0843 TDD October 13, 1997 - William Monahan, City Manager Jesse Lowman, General Manager City of Tigard Tualatin Valley Water District 13125 SW Hall Blvd. PO Box 745 Tigard, OR 97223 Beaverton, OR 97075 Dear Bill and Jesse: Thank you for your cooperation in agreeing to a protocol that will insure the full participation of the Tualatin Valley Water District and Tigard in the City of Wilsonville's negotiations with the Department of Corrections to provide a long-term water supply to the prison by constructing a water treatment plant on the Willamette River. The DOC has offered to locate the treatment plant on the Dammasch property. The cost benefit of their offer will be evaluated and compared to the Wilsonville preferred site located on industrial land adjacent to the Willamette River. The following protocol will be adhered to when negotiating with the Department of Corrections. 1. The City of Wilsonville and the Department of Corrections have agreed to separate negotiations concerning the long-term water supply from our on-going discussions on other infrastructure-related issues. 2. TVWD representatives Jesse Lowman and Kevin Hanway and Tigard's representative, Ed Wegner, will join City of Wilsonville representatives Eldon Johansen and Mike Stone in all negotiation sessions related to construction of a treatment plant. Consultants to DOC, TVWD, Tigard, and Wilsonville will be involved in these meetings as agreed by the participants. The first meeting is scheduled for October 17, 1997. To the extent possible, future meetings will follow the existing schedule already agreed to by the DOC and Wilsonville. 3. TVWD and Tigard agree there will be no contact with the Department of Corrections, their attorneys, or their consultants outside of the negotiation sessions. Any requests for information from the Department of Corrections or their consultants will be coordinated through Eldon Johansen, Wilsonville's Community Development Director. 4. David Stewart-Smith from the State Department of Energy (who serves as a facilitator for the City of Wilsonville and DOC's negotiations) will facilitate all DOC/I'VWD/figard/Wilsonville discussions. 5. In the event that Tigard, TVWD, or Wilsonville find that the agreed protocol is not adequately representing their interests, the dissatisfied party or parties will immediately schedule a meeting to include the city managers of Tigard and Wilsonville to re-assess our positions and strategy for negotiating with the DOC. i aA Servng the Community btlrh Pride William Monahan, City Manager, City of Tigard J Jesse Lowman, General Manager, TVWD October 13, 1997 So that there can be no misunderstanding, I ask that you agree to these terms by signing below to acknowledge agreement. Sincerely, Arlene Loble i f ~J City Manager B-111 Monahan, City Manager City of Tigard cc: Department of Corrections David Stewart Smith al:lb '4~ Arlene Loble, City Manager f. City of Wilsonville Jesse owman, General Manager Tualatin Valley Water District Agenda Item No. Y Meeting of 1 ~wr I c October 23, 1997 Bill Monahan, City Manager City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 I I 1 1 Dear Bill: 30000 SW Town Center Loop E Wilsonville, Oregon 97070 Cdy of = z: (503) 682-1011 1 WILSONVILLE (503) 682-1015 Fax in OREGON (503) 682-0843 TDD / "An OCT 2 r~/ The enclosed letter has been sent to the mayors of Tigard, Tualatin, Sherwood, Gladstone, and Canby from Wilsonville's mayor, Charlotte Lehan. When the WWSA appears on your Council's agenda, please make sure that your City Council receives a copy of the enclosed letter. Since Wilsonville will not be a party to the agreement, the Mayor wanted to be sure that Wilsonville's reasons for not signing were clearly stated and that the City's commitment to regional cooperation is reinforced. Sincerely, I Arlene Loble City Manager Ab city ot WILSONVILLE in OREGON October 22. 1997 30000 SW Town Center Loop E Wilsonville, Oregon 97070 (503) 682-1011 (503) 682-1015 Fox (503) 682-0843 TDD Jim Nicoli Mayor of the City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Intergovernmental Agreement Creating the Willamette Water Supply Agency Dear Jim: It's my understanding that you have or will soon have on your City Council agenda an intergovernmental agreement creating the Willamette Water Supply Agency. The purpose of the agency (which would include Tigard, the Tualatin Valley Water District, and other cities and water districts in the metropolitan area) would be to coordinate efforts to develop the Willamette River as a drinking water source and to protect the pooled water rights by representing the interests of the Agency before the State Water Resources Board. Among the members of the proposed Willamette Water Supply Agency, TVWD is the only entity holding existing water rights to the Willamette River (130 mgd). But according to the Regional Water Supply Plan, the district served by TVWD will have no need for the water rights until the year 2030. Even then, the plan predicts that TVWD's need would be for no more than 5 mgd. In other words, TVWD owns the water rights but can't demonstrate the need for the water for at least 30 years. Conversely, the other parties to this proposed agreement can demonstrate the need but don't own Willamette River water rights. The agreement is, therefore, a mutually beneficial partnership between TVWD and the participating cities. This is an historic step for the entire region and the culmination of two years worth of work by the participating cities and water districts. The City of Wilsonville participated actively in this regional effort, however Wilsonville has decided not to be a party to this agreement, and I would like to explain why. Wilsonville's situation is different than that of any other party to the agreement. Like TVWD, we hold title to our own water rights from the Willamette (20 mgd) but unlike TVWD, our need for water is immediate and urgent. Unlike Tigard. Gladstone. Canby, and Clackamas River Water, we have no pending application for water rights that we could withdraw in favor of receiving a share of TVWD's water. For Tualatin and Sherwood, which have neither water rights nor pending applications, joining the WWSA offers a water supply option that is not currently available to them. In contrast, there is no need for, nor benefit to. Wilsonville to relinquish our water rights to the governance and control of the Willamette Water Supply Agency. After consulting with our water rights attorney, Gail Achterman, the City Council has decided that joining the Agency would not be in the prudent best interest of our constituents. If you were faced with like circumstances, your Council may well have come to the same conclusion. 0% Servng The Community Wth Pride L I Our need for water is immediate and, as a practical matter, building a treatment plant on the 1 Willamette is the only feasible alternative to our existing but ever-depleting well water system. Despite our ongoing water conservation effort. Wilsonville is on the verge of a blanket moratorium due to water shortages. Given the amount of development that has been approved but not yet built and the development applications currently in our development { review pipeline, it appears that we will run out of water by 2003 and possibly much sooner y than that. (Contrary to what you may have heard, this is not an artificially-created shortage f intended to scare off the Department of Corrections.) Although the Wilsonville City Council has yet to make a formal commitment to any new water source, I believe that tapping the Willamette River would be an environmentally and economically sound decision. We have already identified an appropriate site in an industrially-zoned area of the city, and we would welcome the Willamette Water Supply s Agency as a partner. We have prepared an intergovernmental agreement for a treatment j plant that fits within the WWSA framework. It would certainly be more cost-effective for us to join together in building a regional or sub-regional plant than for the City of Wilsonville to go it alone, but we need to act now. In order to be responsible to our citizens, Wilsonville must be prepared to proceed on our own, if necessary. j i Please understand that this does not in any way diminish our desire or willingness to cooperate regionally. I serve as vice chair of the Regional Water Providers Consortium. We were active participants in the preparation of the Regional Water Supply Plan. Wilsonville's actions have been, and will continue to be, consistent with the Plan. j I hope this has helped you understand the predicament we find ourselves in. We are willing i to cooperate in any way short of giving up our water rights. Wilsonville welcomes the WWSA as a partner in planning for the future of the Willamette River as a drinking water source, and we look forward to working with it to develop a regional or subregional l treatment plant in Wilsonville. Sincerely, t~ i 4 Charlotte Lehan Mayor l cc: Martha Pagel, Director, Oregon Water Resources Department Gail Achterman, Attorney j Robert Mitchell, Chairman, Tualatin Valley Water District Bob Westcott, Chairman, Canby Utility Board Paul Rogers, Chairman, Clackamas River Water j j Wilsonville City Council r F - t ~ C l AGENDA ITEM # q-1 . l For Agenda of October 28, 1997 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY i ISSUE/AGENDA TITLE Budget Adjustment #6 and approval of a contract for an Architect for preliminary work on Facility Expansion plans. I PREPARED-BY:- Wayne----DEPT-HEAD-OK- ki ii-- -CITY -ADMIN-OK-6,l n!,nt=----- I - ISSUE BEFORE THE COUNCIL Shall the City Council approve a budget adjustment and grant authority to the City Manager to enter into a contract for Architect services with Russ Hanson of HDN Architects pc. STAFF RECOMMENDATION Staff recommends approval of the budget adjustment and the granting of the authority to the City Manager to enter into a contract with HDN Architects pc not to exceed $30,000 for further work on the facility expansion project. INFORMATION SUMMARY Russ Hanson has provided support to the Space task force in their efforts to f identify future space needs and to propose solutions for recommendations to ---the City Council. Council at their October 21, 1997 study session reached a - ,onsensus that the Architect should be retained to provide further analysis - n the proposed plan and to refine the cost estimates. The cost of this If effort is estimated at $30,000. f~ This amount was not included in the 1997/98 adopted budget and therefore is I being proposed as an adjustment to the budget. Because this contract is over $25,000, the Council acting as the local contract review board must approve the award of the contract and grant the authority to the City Manager to enter into the agreement. The attached resolution appropriates $30,000 from general fund contingency in the City Wide Support budget unit and gives the proper authority to the City Manager to negotiate and sign the contract. - OTHER ALTERNATIVES CONSIDERED Not approve. FISCAL NOTES I Reduces general fund contingency by $30,000 and increases City Wide support contract services by $30,000. I i:lcitywidelad1#6sum.doc j f Page 1 City of Tigard - Space and Building Requirements by Paul Hunt 1 10/28/97 U n CITY OF TIGARD - BUILDING EXPANSION In November 1998 the voters of Tigard will be ask to approve a bond issue to finance construction of two new buildings and renovation of most, if not all, of the existing rJ, I buildings. For the voters to make an intelligent decision they must have facts and also the process that was used to arrive at the request by the city to place the ballot measure before them. It would be helpful to establish the history of events that led up to the city buildings being what they are today On May 23, 1982 the Council decided to call for a special election to submit to the voters the question of whether the City should be authorized to sell general obligation bonds to finance a Tigard Civic Center. On June 29, 1982 the voter defeated the bond measure by a vote of - Yes 690 and No 1,100. In September 1982 the ballot was broken down into three questions with the vote as follows: Question 91 Civic Center (with library) Yes 171 and No 977, Question 92 Civic Center Remodel Yes 208 and No 931, and Question 93 Civic Center Site Purchase Yes 198 and No 932. On 11/8/83 two questions were put on a ballot as follows: Question #1 Civic Center GO Bonds - Yes 1152 and No 1165. Question #2 Cert. Of Participation Yes 612 and No 1509. Finally on March 27, 1984 a ballot passed for Civic Center Land & Bldg. GO Bonds - Yes 1244 and No 875. The planned design was to accommodate the city for ten years with a design that would allow for a second story on some buildings. Unfortunately the population growth, and the related number of employees at the city, was great enough that by the time the building was completed in 1986 the building would barely hold the employees. In 1988 a Temporary Use Permit was issued bring in a Modular building to house the engineers. In January 1990 approval for a permanent site was approved. The building was purchased in 1991 the same time the Tigard Electric Building was purchased. In 1996 and 1997 there were a number of studies made by city employees as to the space need for the city. Their conclusions were that the city had outgrown their facilities by a very large degree. They came up with various solutions. The city council, at the suggestion of the city administrator, concluded it would be beneficial to appoint a task force of Tigard Citizens to study the situation. In June 1997 a task force consisting of two members from the library board and two members from the Police Advisory Board was ask to be the nucleus of the task force. Assisting them were the city administrator and the assistant to the city administrator. Furnishing support information was the Chief of Police, the Director of Library Services, , the Director of Finance, and Director of Public Works. One member of the city council sat in on the meetings. An architect was hired to give technical assistance. The committees first task was to determine if additional space was needed. Some of the factors the cpmmittee evaluated to arrive at their conclusion were: 1. The cyrrent building was designed to take care of the expansion for ten years. The bm3ears are up and the growth in population has far exceeded anticipated 1 1 J -Am Page 2 City of Tigard - Space and Building Requirements by Paul Hunt 2 10/28/97 j ^ growth which, in turn, necessitated a corresponding growth in employees. 2. The current buildings could not meet the city needs the day they were completed. 3. The city population has doubled in the last ten years and the number of employees resulting from this growth has far exceeded the capacity of the buildings. Examples of this growth are: a. In 1987 the library per day circulation (total circulation divided by days open) was 481/day. In 1997 it is 1,644. b. The police department must furnish lockers for their employees to store and change their clothing. They have 55 employees who need lockers with 49 locker available. c. They have six police detectives in an area hardly large enough for three or four. The computer specialist office is in a very small room designed designed for a storage closet. d. Both the police and the public works must provide shower facilities. With the advent of more women in both areas there are inadequate facilities to accommodate both genders. `i The committee quickly came to the conclusion that there is a need for more space in every department of the city. The next task was to determine how much additional space was needed, what the city could afford, and where additional facilities would be built. How the current facilities could best be utilized was a prime concern. When the promotional information for the current buildings was given to the public they were told that most of the buildings were designed for a second story for future expansion. The building were so designed and now it was desirable to determine if the best approach was to go to the second story or reserve this for further expansion at some further date. Two areas stood out that needed much evaluation. These were the Library and the Police Department. In both instances the committee determined that the tax payer would be better served to construct new buildings. In 1996 and 1997 the county Cooperative Library Advisory Board held a number of meeting to consider the advantages of going the all the taxpayers of the county with a bond issue that would generate enough money for each city to either upgrade existing buildings or build new libraries. Since needs were so different and demands by some cities were so different than others the plan has not reached a consensus to date. The city of Tigard decided to withdraw their support from the joint effort. Page 3 City of Tigard - Space and Building Requirements by Paul Hunt 3 10/28/97 j ^ Some of the considerations for building a new library building were: 1. The present location generates a conflict between the library and other departments for parking space. 2. It would be extremely difficult to incorporate a suitable loading dock - a facility which is very much needed. i 3. It is nearly impossible to develop a drop box for returning book and other material that car can drive up to. 4. The large increase of volume and the introduction of the computer creates a need for space that would be hard to find in the present location. The large umber of volunteers are working in extremely cramped and under unproductive circumstances. i 5. The lack of funding a the schools has meant that the library has picked filled in the need. Even before this need the library did not have a room large enough to hold the desired number of students in group presentations. f The police department could be expanded in their present location but never in a manner that would allow for the foreseen growth or in an efficient manner. The city is currently submitting invitations for bids to enlarge the police department. This enlargement will only i r~ accommodate the immediate needs and are being built in a manner that would allow conversion to general office use with a minimum expense. Some of the problems expansion in the current location would produce are: 1. Parking in the current location for police cars is extremely tight just for the vehicles currently in use. Many of them are not as accessible as would be desired. 2. Remodeling to generate the needed number of lockers and shower facilities to accommodate both men and women would be very expensive. 3. A more visible location of the police building would be desirable. If located ' to a street it would allow for a much easier access to traffic, especially in emergency situations. I. 4. Even by putting a second story on the current building it would be extremely difficult to design an area that would accommodate the space needed personal and parking. The committee determined the city and the public would be better served to consider building a new library, a new police department, and renovating the existing buildings for other activities. As mentioned earlier the current facilities were designed to meet the city needs for the next ten years. The need for space exceeded the developed space the day the city moved in. The current projections are developed for foreseeable growth in i L Page 4 City of Tigard - Space and Building Requirements by Paul Hunt 4 10/28/97 the next 20 years. At the end of the 20 years building a second story on existing buildings could be a consideration, if needed. i Next was the consideration of where additional buildings could be built. The city is in the process of acquiring a piece of land adjacent to the current city buildings. This piece of land would fit ideally as a new police location, both as to size and proximity to Burnham street to allow for better accessibility. By removing the small building in the middle of the current parking lot an area sufficient to build a multiple story library and adjacent parking for those using the library would be created. It is anticipated the library would be built first and then the police building. The current library and police facilities would be renovated in office space allowing the city to consolidate all people from each department in contiguous areas. The two portable building could be sold providing needed parking space. The building currently referred to as the water building, which currently houses some people working in the water department, some in the public works, and a portion of the finance department, would be remodeled to accommodate the water department and the public works department. A portion of the public works currently are housed on Ash street in very substandard office space. One of the over riding considerations in all of this was the costs. Without question the current facilities, with a second story constructed on part of the building, could be added on at a lesser cost than building new facilities. The committee felt it would be next to impossible to make these changes in the current buildings and allow for the anticipated growth due to the increased population. A renovation of the current building was an option that generated considerable consideration and investigation. A part of the to consideration was the long range needs and the expense incurred to build a facility that will allow for maximum efficiency and consolidation of each department in a central location. The consideration is for a bond issue to finance the building. It would be placed on the ballot in November 1998 allowing the city time to arrive at very realistic costs and definite answers to questions the public will pose. The first tax levy would be on the same year the levy expires for the street bonds. It is anticipated the amount of the levy and the length of the levy would be geared so the annual amount of tar the tax payer would pay would not change but go from paying on the street bond to the building improvement bond. It should be made clear we are not implying this would not cost the taxpayer. It will. We are just saying their yearly tax amount paid to retire bonds would stay the same. One other area we do not want to mislead the taxpayer. It is quite probable in the not too distant future the city will propose further street improvements that would require a vote for a bond issue. Although the bond issue that financed the current city buildings will expire in about 5 years the amount of tax to pay this bond would probably be much less that a new street bond would require. J AGENDA ITEM # v For Agenda of October 28. 1997 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY i ISSUE/AGENDA TITLE Budget Adjustment #7 for the repair of a damaged Police . Vehicle 1 PREPARED BY: Wayne~l~'"( DEPT HEAD OK CITY ADMIN OK _ ISSUE BEFORE THE OUNCIL Shall the City Council approve a budget adjustment to provide for the repair of a Police vehicle damaged in a collision? STAFF RECOMMENDATION Staff recommends approval of the budget adjustment. f INFQRMATION SUMMARY A Police Vehicle was damaged in a collision on October 8, 1997. The cost of III the repairs to the vehicle are estimated at $5,600. Northland Insurance has settled this claim with the City by issuing a check in the amount of $5,109 which is the damage estimate less the $500 deductible. ~ocal budget law allows budget adjustments by resolution for involuntary estruction of assets when reimbursement is received to cover the cost of the asset. The attached resolution recognizes the insurance check as revenue, reduces general fund contingency by $500 and appropriates $5,609 for Police repairs and maintenance. OTHER ALTERNATIVE CON IDERED 1. None ----------FISCAL NOTES________________________________ ~ Increases Police Budget by $5,609 to provide for the repair of the vehicle, reduces general fund contingency by $500 for the deductible and recognizes revenue in the general fund in the amount of the insurance check of $5,109. J • 1 ~.l t 01\ kj C' 1J AGENDA ITEM # _ For Agenda of October 28, 1997 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Budget Adjustment #8 for Urban Services Road Maintenance to begin November 1. 1997. j PREPARED BY: Wayne DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL j Shall the City Council adjust the budget to provide for the provision of road 1! maintenance services in the urban service area beginning November 1, 1997. STAFF RECOMMENDATION { Staff recommends approval of the budget adjustment. NFORMATION SUMMARY The City and the County entered into an agreement in May 1997 for the City to provide urban services to the unincorporated area surrounding the City. j That agreement contemplated further negotiation for the City to provide road maintenance services to the area beginning November 1, 1997. The City and the County have reached an agreement evidenced by the MOU included in the _ r-0ouncil Packet in which the County will pay the City $97,536 and the City ' 'dill provide road maintenance services to the area beginning November 1, 1997. ? This agreement was not included in the adopted budget, therefore this budget r adjustment has been prepared and should be approved by the Council if the ` agreement to provide such service is approved. The budget adjustment increases the appropriations in the Street Maintenance I budget by $97,536 to be charged to the Urban Services fund and recognizes the payment by the County as revenue in the Urban Services fund. OTHER ALTERNATIVES CONSIDERED Further negotiation FISCAL NOTE This adjustment increases the appropriation in the street maintenance budget by $97,536 to be charged to the Urban Services fund and recognizes revenue in the Urban Services fund in the amount of $97,536. I J r ¢~y E FROM WASH-CO./OPERATIONS 6817084 P. 2 WASHINGTON COUNTY OREGON John Roy, Property Manager City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Dear John: L This will confirm our phone conversation regarding the changes in budget requirements since my October 14, 1997, letter and serve as a new letter of understanding related to the Inter-Governmental Agreement between the City and the County for road maintenance services in the areas indicated on the maps in the IGA. I will ask Lome Skurdahl of our County Counsel's office for advice on ensuring legal sufficiency of the understanding contained herein and ask that she verify with the City Attorney. The County will transfer to the City $97,536 for the period of November 1, 1997, through June 30, 1998, and anticipate approximately 5146,307 to be transferred for the pen od of July 1, 1998, through June 30, 1999. These funds will be used by the City to provide all normal and routine road operations and maintenance services to the subject area as provided in the attachm-nts to the IGA and described in this letter and your letters of October 6 and 8, 1997. Only those road;. inside the subject area as shown on the agreement mans are covered. Street sweeping and stone drain system maintenance will continue to be provided by the Unified Sewerage Agency under their Surface Water Management Program. Drainage mai.ntenance of roadside ditches will be provided by the City as funded by the County. The City will exercise broad discretion in its expenditure of the road maintenance funds provided by the County to meet the needs of the service area. The County and City staff will meet quarterly to discuss needs, operations and priorities. The overall design and scope of the road maintenance work program will increasingly be a City responsibility subject to the annual budget negotiations between the parties. Thank you for all of your efforts on this agreement. I look forward to continuing the close and cooperative relationship between the City of Tigard and Washington County as we implement these transitions in service provision. Department of Land Use & 22ansportation • operations B Maintenance IT1vlsion 2470 SE River Road. MS 51. Hillsboro. OR 97123-7924 . h-- rrnzi RA 1.7n-t7. rev f,,ngi F.A1-7nQA 10-23-1997 4:31PH FROM WASH-CO./OPERATIONS 6817084 Feel free to call on me or any of the Operations and Maintenance staff if we can be of help. Sincerely, Mike Maloney, Man er Operations and Maintenance Division MM:jr c: John Rosenberger Greg Clemmons Sheila Giambrone Dave Schamp Lorne Skurdahl c/f le I I i L~ I