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City Council Packet - 07/28/1998 Cam' OF TIGARD OREGON TIGARD CITY COUNCIL MEETING JULY 28, 1995 COUNCIL MEETING WILL NOT E TELEVISED i:\adtnyolccpkt3.dcc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Nil ;z . ~h } ~gg,• N. CITY OF TIGARD ,Nei X'3lF••Ki<S~LS~,trry:.A<,Kr•':Y.•F4M:iM ',~ir+" . •3• jf!~r.:4~}}}}, ti>,~}y .r,«..'•: Y:Y ' fr}xi: :ii+,{~ 10 ''~ti}2~•:•rr.Y}%R'>•y%;or ' Y.}~:g. u~.<~. .:tr .2p'N•+,•.n.{{yyp.: r. 4, t :L'<;:+<) v'::i f;+~Y;y: ~%:{ir jtF VfQ•+'.,~''„r i{iy Y\.;l,.+fryf,.{:k: ?,i:14~ <•'•'t,~~~+~'{vf%h :E.y:f:;a:;'.";a ~•.,:>,r >r: Kr'v,`.• t',•:'..;.~~:: r• •k+.~ ~ ,{}:y,~.{.{.f"f`% :;•',,'#gx Y} z.;, r;;+h:' x••yc f%'C}:. Ya.s{' . 2,{;.}.c.:Y.:#«i' .}»~fi8f:~z;.}rr:z~i%;f•h>'::;:N•Ess..af~:, r{bpi' ..ry.•.••',.r,;:°~Y>..}•:.{{}.{.> 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. 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 - JULY 28, 1998 - PAGE 1 AGENDA TIGARD CI T Y COUNCIL MEETING - JULY 28, `i998 6:30 PM • 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. > UPDATE: ATFALATI ORGANIZATION STATUS O Topic Introduction by Administration Department 7:30 PM 1. COUNCIL MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1,2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications/Liaison Reports 1.6 Call to Council and Staff for Non-Agenda Items 7:40 PM 2. COMMENDATION - TONY PASSADORE • Police Chief Ron Goodpaster will make the commendation presentation. 7:50 PM >e 3. VISITOR'S AGENDA 7:50 PM 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action Motion to: 4.1 Approve Budget Adjustments a. Budget Adjustment No. 1 for Rape Crisis Center - Resolution No. 98-]3 a b. Budget Adjustment No. 2 for the Summerlake Playground Project Carryover and for a Boating Facility Maintenance Grant Resolution No. 98-- C. Budget Adjustment No. 3 for Summerlake Weed Harvesting Resolution No. 98-317 COUNCIL AGENDA - JULY 28, 1998 - PAGE 2 O 4.2 Initiate Vacations a. Initiation of Vacation Proceedings for a Portion of SW 66th Avenue - Resolution No. 98 b. Initiation of Vacation Proceedings for a Portion of Public Right- Of-Way on SW Franklin Street between SW 69th Avenue & SW 70th Avenue - Resolution No. 98-,q 1_ 4.3 Approve Supplement No. 2 to the Intergovernmental Agreement for the Greenburg Road Improvements at Highway 217 4.4 Approve Changes to the Personnel Policies for Management, Supervisory and Confidential Employees - Resolution No. 98- a 4.5 Local Contract Review Board (LCRB) a. Award Personal Computer Contract Bid to Caliber with Secondary and Tertiary Awards to Tangent and Cascade Computer Maintenance b. Award Contract to Springbrook Software for Utility Billing Software • 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. 7:55 PM 5. CONSIDER GRAYMORE REQUEST FOR PRIVATE WETLANDS MITIGATION Y Staff Report: Community Development Department 8:05 PM X 6. REVIEW ALBERTSONS PARKLAND DONATION O Staff Report: Community Development Department 8:25 PM X 7. PUBLIC HEARING - AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE IN ITS ENTIRETY AND SECTIONS OF THE TIGARD COMPREHENSIVE PLAN a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Community Development Department d. Public Testimony: Proponents, Opponents e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Ordinance No. 98-10, COUNCIL AGENDA - JULY 28, 1998 - PAGE 3 9:10 PM X 8. PUBLIC HEARING - FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 10 - SW 100TH AVENUE AND INEZ STREET (Continued from June 23, 1998 Agenda) a. Open Public Hearing b. Declarations or Challenges C. Staff Report: Engineering Department d. Public Testimony: Proponents, Opponents e. Staff Recommendation E Council Questions g. Close Public Hearing h. Council Consideration: Ordinance No. 98- 9:30 PM 9. COUNCIL LIAISON REPORTS 9:40 PM 10. NON-AGENDA ITEMS R "wry kps iv(b ~l-3 9:50 PM 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. 10:10 PM 12. ADJOURNMENT i Aadmbathy\ccat980728. doe COUNCIL AGENDA - JULIE 29, 1999 - PAGE 4 Agenda Item No. 4 TIGARD CITY COUNCIL Meeting of R~SICfg MEETING MINUTES - JULY 28, 1998 STUDY SESSION > Meeting was called to order at 6:30 p.m. by Mayor Jim Nicola > Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Bob Rohlf, and Ken Scheckla. > Staff Present: City Manager Bill Monahan; Legal Counsel Tim Ramis; City Recorder Catherine Wheatley; Assistant to the City Manager Liz Newton; Community Development Director Jim Hendryx; Associate Planner Duane Roberts; Public Works Director Ed Wegner; and Administrative Specialist Jessica Gomez. > EXECUTIVE SESSION The Tigard City Council went into Executive Session at 6:30 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 to Study Session at 7:25 p.m. Ed Wegner, Public Works Director, advised the Council that staff has requested citizens to voluntarily restrict outdoor watering; that is, not to wash cars, fill pools or spas. He said that if it rained this week, the water supply would be fine. Bill Monahan, City Manager, advised the Council that staff has spoken with Dayle Beach regarding a mowing issue. He also referred to a letter received from Gene McAdams recently. He requested an Executive Session following the business meeting to discuss the Schramm issue and Metro's Title 3. > Mayor Nicoli reconvened the Executive Session at 7:30 p.m. > The Executive Session adjourned at 7:40 p.m. > UPDATE: ATFALATI ORGANIZATION STATUS 1. COUNCIL MEETING 1.1 Call to Order - City Council and Local Contract Review Board Mayor Jim Nicoli called the meeting to order at 7:45 p.m. 1.2 Roll Call Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Bob Rohlf, and Ken Scheckla were present. CITY COUNCIL MEETING MINUTES - JULY 28, 1998 - Pagel 1.4 Council Communications/Liaison Reports Councilor Scheckla announced a Housing Task Force meeting scheduled for 1 p.m. this Thursday at City Hall. He said that he would return to Council with their report probably in late September. 1.5 Call to Council and Staff for Non-Agenda Items Mr. Monahan requested consideration of a resolution to appoint deputy city recorders. Mayor Nicoli requested discussion of his recommendation to set up a task force to deal with Willamette River issues. 2. COMMENDATION - TONY PASSADORE Chief Ron Goodpaster read the department commendation given to Officer Tony Passadore describing the actions he took, while off-duty and traveling on the Warm Springs Indian Reservation in June, to save the life of a man who attempted suicide. He mentioned a letter received from the family expressing their appreciation to Officer Passadore for his actions. He said that he would forward the commendation memo to the Washington County Law Enforcement Recognition Committee for formal recognition and presentation of a medal of commendation to Officer Passadore at the February banquet. He explained that they issued very few department commendations in a year, and only for actions above and beyond the call of duty. > WATER RESTRICTIONS Mr. Wegner explained that the City had the capacity to purchase just under 10 million gallons per day of water but with the hot weather, Tigard citizens have been using 13 million gallons per day, drawing down water reserves. He reported that the City requested that citizens voluntarily stop their outdoor watering, car washing, and pool/spa filling through the weekend as a means of insuring fire protection. He said that if they got through the weekend, they should recover. He pointed out that staff has delayed filling the new Menlor Reservoir until this situation has passed. > The Council considered Agenda Item No. 6 at this time. 3. VISITOR'S AGENDA: None. 4. CONSENT AGENDA Councilor Scheckla asked for clarification on an apparent discrepancy in the documentation for Item 4.5a. Paul DeBruyn, Network Administrator, clarified that he had divided the proposals into two groups, one by price and one by the response to a list of 20 questions. He said that staff was considering not only price but overall value. He explained that the company with the $1009 bid did not meet the RFP specifications, and therefore did not get the award. He confirmed that the equipment they were purchasing was compatible with future expansions. He stated that the City has purchased equipment from Caliber Computer Core for three and a half years and found their products and services satisfactory. CITY COUNCIL MEETING MINUTES - JULY 28, 1998 - Page2 Motion by Councilor Hunt, seconded by Councilor Rohlf, to approve the Consent Agenda. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 4.1 Approve Budget Adjustments a. Budget Adjustment No. 1 for Rape Crisis Center - Resolution No. 98-37 b. Budget Adjustment No 2 for the Summerlake Playground Project Carryover and for a Boating Facility Maintenance Grant - Resolution No. 98-38 c. Budget Adjustment No. 3 for Summerlake Weed Harvesting - Resolution No. 98- 39 4.2 Initiate Vacations a. Initiation of Vacation Proceedings for a Portion of SW 66`n Avenue - Resolution No. 98-40 b. Initiation of Vacation Proceedings for a Portion of Public Right of Way on SW Franklin Street between SW 69'n Avenue & SW 70`h Avenue - Resolution No. 98- 41 4.3 Approve Supplement No. 2 to the Intergovernmental Agreement for the Greensburg Road Improvements at Highway 217 4.4 Approve Changes to the Personnel Policies for Management, Supervisory and Confidential Employees - Resolution No. 98-42 4.5 Local Contract Review Board a. Award Personal Computer Contract Bid to Caliber with Secondary and Tertiary Awards to Tangent and Cascade Computer Maintenance b. Award Contract to Springbrook Software for Utility Billing Software 5. CONSIDER GRAMOR REQUEST FOR PRIVATE WETLANDS MITIGATION Duane Roberts, Associate Planner, explained that, in order to meet state and federal requirements, Gramor needed to offset the impact of disturbing a small Summer Creek wetlands in the development of a town center site at the PGE Western Services Center on Scholls Ferry Road. He said that Gramor wanted to do mitigation in Tigard on land adjacent to the City's wetlands enhancement project on Summer Creek at SW 121St. He stated that Gramor has participated in the City's design and public process. He recommended approval, as their project was compatible with the City's project. Mr. Roberts stated that the Gramor proposal also met the Council policy on the use of City property for private wetland mitigation. Councilor Scheckla asked if there was a problem if the mitigation took place in a different jurisdiction than the disturbance. Mr. Roberts said no, explaining that the agencies preferred mitigation to occur in the same stream. Councilor Moore asked about another alternative listed in the report to require the applicant to fund a portion of the City's SW 121St project, commenting that if their proposed project was of benefit to the City, then they did not want to penalize them. Mr. Roberts explained that staff did not recommend requiring a cash contribution from Gramor in this situation because their mitigation costs at this site to remove the reed canary grass would be twice the normal costs of wetlands mitigation. CITY COUNCIL MEETING MINUTES - JULY 28, 1998 - Page3 Mayor Nicoli asked if anyone in the audience wanted to speak regarding this request. Hearing none, he asked the Gramor representative to come forward. Matt Grady, Gramor Oregon, expressed his appreciation for Mr. Roberts' help in finding a location for their wetlands mitigation. He said that they were trying to coincide their construction with the City's construction at the SW 12151 pond area. He reviewed the lengthy permitting process with the Divisions of State Lands and the Corps of Engineers that delayed the construction until next year. He introduced Brent Davis, their environmentalist consultant, who was available for questions. Councilor Scheckla asked how long it would take to complete the project once construction started. Mr. Grady explained that the agencies allowed construction work in wetlands from June 1 to September 30. Given the permitting processes, which they still needed to go through, he indicated that they would not start construction until June 1, 1999, at the earliest. Mr. Roberts confirmed that the Gramor timetable worked well with the City's project. Mr. Roberts explained that Gramor had to do two years of plant replacement and five years of monitoring the site in order to meet permit requirements. However the grading and contouring would not take long. Mr. Grady confirmed that Gramor concurred with the recommendations in the staff report. Mr. Roberts said that staff recommended requiring a street opening permit as part of the sensitive lands approval in order to protect the City's interests. Motion by Councilor Rohlf, seconded by Councilor Hunt, to accept the staff recommendation. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") > Mayor Nicoli turned the meeting over to Council President Hunt and left the meeting. > The Council considered Agenda Item No. 8 at this time. 6. REVIEW A-LBERTSONS PARKLAND DONATION Mr. Roberts reviewed the Albertson's offer to donate four acres of vacant land to the City and located adjacent to their retail site on Barrows Road at Walnut Street. He said that the area was deficient in parks. He pointed out that there was no other vacant properties available in the area except for the land underneath the BPA power lines. e Cindy Christianson, Castle Hill homeowner, stated that she was a member of the Castle Hill Donated Land Committee, formed to work on the Albertson's proposed land donation. She spoke to the need in the area for a neighborhood park, pointing out that the land was already used by the neighborhood for bike riding and dog walking. She mentioned the interest expressed at the Parks Master Plan meeting in building a park network to include neighborhood parks in addition to regional parks. She said that this committee has been working since October on this project, and intended to continue working with the City to develop and maintain the land as a park. Ms. Christenson noted the concern regarding the slope on the property. She pointed out that fences did not protect park users from the Tualatin River in Cook Park or from the lake in Summerlake Park, and asked why this property needed a fence to safeguard people from the slope. She held that both adults and children would simply climb the fence to short-cut to the CITY COUNCIL MEETING MINUTES - JULY 28, 1998 - Page4 retail shopping area. Ms. Christenson mentioned that the land acquisition was free to the City. She noted the $20,000 contribution from Matrix Development to the neighborhood to help defray the costs of park development. She asked the Council to accept the gift. s Michael Carmienke, 13920 SW Liden Drive, distributed his written testimony to the Council. He said that he represented the Castle Hill Donated Land Committee on this issue. He reviewed the background of the Castle Hill Homeowners Association's efforts to get land for a park in their area beginning in October 1997. He mentioned that in November 1997 the Homeowners Association discovered that it could not legally vote on accepting the donated land because their bylaws had not been adopted within the proper timeframe. He emphasized that their Homeowners Association was recorded at the County. Mr. Carmienke reviewed the three options considered by the Committee that described varying degrees of cost and maintenance levels, ranging from the minimum necessary for a park to the maximum possibility. He pointed out that the cost per household in Castle Hill (190 single family residents) per year to own and maintain the property went from $9.84 to $20.73 to $120.61 for the three options respectively. Mr. Carmienke explained that the Committee decided to focus on the City of Tigard as the best possibility of keeping this land as a park. He mentioned the Committee's attendance of Parks Master Plan meetings, at which they informed City staff that they were serious about having that land as a park. Mr. Carmienke reviewed reasons why the land should become a public park. These included the inclusion of this property as a potential park site in the Parks Master Plan; the deficiency of parks in this area; the value of the land for multi-family development (ranging from $100,000 to $150,000 per acre); the safety of the neighborhood children in not having to cross Walnut Street to get to a park; and the tendency of projects like this to pull communities together to work on a common goal. Mr. Carmienke pointed out that if the Council failed to accept the donation, the land would likely be sold for multi-family development. He said that the Committee's short term goal was to have the City of Tigard accept the donation cf land in order to insure that the land would be used for a park. Their long term goal as to work closely with the City to develop the park according to the City's Parks Master Plan. He recommended making this land into a neighborhood park. Councilor Hunt asked what the status was of the Matrix Development $20,000 contribution. Mr. Carmienke said that presently it was in the Castle Hill Homeowners Association's checking account. He stated that, despite the legal difficulties of their bylaws, they would find some way to get the money to the City. Councilor Rohlf said that accepting donated property was a "no-brainer." He mentioned the need for parks and the loss of park acreage to developers all over the city. Councilor Scheckla commented that the $20,000 contribution was not completely a gift because Matrix Development would have had to spend money to remove the dirt fill from that land anyway in order to develop it. He spoke to insuring that a paved pathway is installed to facilitate access to the park by the citizens. Mr. Carmienke agreed with the need for a pathway. He mentioned their interest in extending a pathway under the BPA lines to the Murray Hill area. CITY COUNCIL MEETING MINUTES - JULY 28, 1998 - Page5 He said that they wanted to further research getting BPA permission to use that land, despite Mr. Roberts' information that BPA regulations no longer allowed use of the land under its power lines. CITY COUNCIL MEETING MINUTES - JULY 28, 1998 - Page6 Mr. Monahan clarified that Councilor Scheckla wanted staff to try to obtain easements for a path but did not want to condition the acceptance of the property with requiring a path. Councilor Scheckla said yes, but emphasized staff persevering in its efforts to get a path, citing safety reasons. Councilors Moore and Hunt agreed with Councilor Rohlf that this was a "no-brainer." Councilor Hunt mentioned that "neighborhood park" did not mean a park with access restricted to the neighborhood but rather a park with certain levels of equipment in it with access by anyone in the city. Mayor Nicoli complimented the neighborhood representatives on their presentation.He mentioned that the Council looked at neighborhood requests from the perspective of what was good for the city as a whole. He said that, barring unforeseen events, it was likely that the neighborhood would get its park. He noted the process remaining that would take 30 to 60 days before the matter returned to Council for consideration. He offered to have staff contact the neighborhood representatives when the matter was scheduled on the agenda again. Mr. Monahan summarized Council direction as staff pursuing the acquisition of this property, doing the due diligence and other needed analyses, contacting Albertson's, placing this on the agenda after gathering sufficient information, and informing the neighborhood representatives who testified tonight when the matter was back on the agenda. The Council agreed by consensus to that direction. > Mayor Nicoli recessed the meeting at 8:20 p.m. > Mayor Nicoli reconvened the meeting. > The Council considered Agenda Item No. 3 at this time. 7. PUBLIC HEARING - AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE IN ITS ENTIRETY AND SECTIONS OF TH ETIGARD COMPREHENSIVE PLAN a. Council President Hunt opened the public hearing. b. Declarations or Challenges: None. c. Staff Report: Community Development Department Dick Bewersdorff, Planning Manager, noted that the lead consultant, Bev Bookin of The Bookin Group, was present. He said that the intent of the Code rewrite had been to streamline and simplify the Code where possible. He stated that they have produced a Development Code that was more user friendly and increased opportunities for citizen input earlier in the process. He reported that the Planning Commission recommended adoption of the ordinance, mentioning their concerns with Metro's requirement for 80% density and realization of the need to bring the Code into compliance with Metro standards. Mr. Bewersdorff reviewed several changes outlined in the staff report summary (see attached). These included changing the street connection requirements to comply with recently changed Metro requirements, elimination of a percent upgrade for non-conforming use development (as needlessly difficult for both staff and developers), and a language change recommended by the CITY COUNCIL MEETING MINUTES - JULY 28, 1998 - Pagel City Attorney's office. Mr. Bewersdorff mentioned a conflict discovered yesterday in Section 18.390 regarding the appeals process for Type 3 hearings. He asked Council to decide whether they wanted appeals to go directly to LUBA or to the City Council first. He said that the effective date of the Code rewrite was November 26, intended to coincide with the County's adoption of the Code rewrite. He mentioned the work staff needed to do to update City forms and train City staff in the new Code. • Bev Bookin, The Bookin Group, congratulated the City of Tigard on its wonderful technical staff and strong Citizen Steering Committee who worked to revise what was a pretty good Code marred by very poor organization. She said that 60% to 70% of their work focused on reorganizing the Code to make it easier to read and to find things. She mentioned removing outdated provisions and adding provisions to bring the City into compliance with Metro 2040. She noted the new Water Resources section that brought the City into compliance with State Goal 5 and hopefully Metro Title 3. She said that the Committee did not deal with Title 3 because it had not been adopted until after they were finished but the City Attorney would work on those compliance issues as Title 3 was implemented on the local level. Ms. Bookin stated that because the procedure section was so confusing, the Committee scrapped it and wrote a new one with procedures that should be clearer to use. She mentioned the extensive review of the permitting process and the addition of clear and objective standards that allowed reclassification of permits to lower review levels that would take less staff time and money but maintain the same quality of review and development in the community. Ms. Bookin mentioned the cellular tower Code section added to the current Code during the rewrite process because the current Code had lacked procedures to deal with this new technology. She said that she hoped the Code was at a point where the Council was comfortable with it. Councilor Scheckla asked if the monopole section was not effective until November 26. Mr. Bewersdorff stated that they incorporated several sections ahead of time into the existing Code (which was effective now), such as the monopole tower section, the water resources section, the development and evaluation team, and the Triangle development standards. He explained that they targeted the November 26 date to implement the Code both in the City and in the Urban Growth area of Washington County because that was the date that the new Code would go into effect in Washington County. Council President Hunt asked for staff's recommendation on whether the appeals should go to LUBA or to the City Council. Mr. Bewersdorff explained that they recommended going directly to LUBA as part of streamlining the process. Councilor Moore agreed with Council President Hunt that they should support the staff recommendation. Councilor Rohlf asked if anything was done to improve the notice provisions related to land use. Mr. Bewersdorff mentioned that they increased the distance and developed a different noticing process for Director's decision. In this new process staff would send out notices when the application was received in order to receive citizen comments prior to the decision and then staff would send out notices advising of the decision. Councilor Rohlf asked if the Committee took into consideration that the impact of a decision was not always limited by the distance from the land use, mentioning the statements of citizens who said that they would like to have been involved earlier if they had known about it. He CITY COUNCIL MEETING MINUTES - JULY 28, 1998 - PageB noted the wide impact of transportation decisions in particular. Mr. Bewersdorff reviewed the noticing processes. He commented that in order to make the transportation decisions work, they needed a capital improvements program that would finance public facilities and streets. d. Public Testimony o Bev Froude, Steering Committee member, spoke to several concerns she had with certain provisions. She questioned not having any noticing for Type 1 decisions. Councilor Moore pointed out that Type 1 decisions either met the Code or they did not, with no allowance for variation from the Code provisions. Ms. Froude presented a sign which she suggested posting for all land use decisions. She suggested extending the notification for Types 2 and 3 to 500 feet. Mr. Bewersdorff explained that Ms. Froude's sign was the one used by staff to post notices of decisions. He said that for neighborhood meetings, they intended to post a size of similar size but different color. He mentioned staff's intention to give these signs to developers to post the neighborhood meetings required as part of the pre-application process. He agreed with Councilor Moore that this was a practice to follow, not a provision to put into the Code. Ms. Froude disagreed with the staff recommendation to send appeals directly to LUBA. She supported taking appeals to the Council, citing the cost of a LUBA appeal. She commented that the minimum density provisions required by Metro would result in denser neighborhoods, which was different from what the Visioning process spoke to. She spoke to careful consideration of street connectivity and higher densities in relation to the visioning process prior to implementation. She said that, while she favored street connectivity, she thought that it should be planned for. She suggested including traffic calming devices in the criteria for new developments, instead of waiting until after the fact to put them in. e. Council Questions Councilor Moore said that with Type 3 decisions, the Council could still call it up. Mr. Bewersdorff explained that that was not so. The appeals could either go through a local process or they could go directly to LUBA. Ms. Froude suggested that the Council look at the Code rewrite very carefully, as there might be other surprises in it. Council President Hunt asked if these items mentioned by Ms. Froude were discussed at the Committee. Ms. Froude said that they were discussed but they were matters that the Committee decided to leave up to the Council to decide. Councilor Rohlf asked to see a list of those issues for individual review by the Council prior to making a decision. He commented that he has been concerned about issues such as the noticing provisions since the Code rewrite began. He expressed concern about a direct appeal to LUBA because it removed an opportunity for citizens to come to their Council. The Council discussed how to handle the matter of issues that had either been in contention at the Committee or left for the Council to decide. Ms. Froude commented that there had not been many issues in contention. Mr. Bewersdorff said that, apart from the noticing distance and a local appeals process (easy changes to make), he did not think that there were too many other things either. Mr. Monahan said that handling this matter was at the Council's preference. He suggested limiting the list of provisions to review, if the Council wanted to discuss a list. He commented that if the Council was uncomfortable with some provisions, then they should not adopt the CITY COUNCIL MEETING MINUTES - JULY 28, 1998 - Page9 Code rewrite tonight because any changes had to go through the same lengthy noticing process as the Code rewrite. He suggested that staff establish the list, forward it to Council as soon as possible, and schedule discussion for the August 18 work session and adoption of the ordinance at the August 24 meeting. Jim Hendryx, Community Development Director, pointed out that the Council would not get consensus on everything in the Code rewrite. He said that two years ago, staff decided that they would try to meet as much of the Functional Plan with the Code rewrite as they could. He stated that the Committee agreed to those parameters, even though some members had an issue with it. He said that the issues brought up tonight were policy issues. Councilor Rohlf clarified that he did not want a list of every point of contention that occurred during the past two years, rather he wanted a list of those items, which the Committee thought were going to be decided by the Council. Councilor Moore said that he did not remember that there had been any issues left for the Council to decide. He expressed concern at getting back into the process of re-evaluating the Code and invalidating the process already used. Councilor Moore said that he did not have a problem with changing the noticing distance or the appeals process to local. Councilor Scheckla said that he could support those two items also. He spoke to making those changes tonight and moving the process along. Councilor Scheckla asked about private streets. Mr. Bewersdorff said that Engineering was working on that issue. Councilor Scheckla recounted an incident last Friday evening, in which several people arrived at City Hall for a neighborhood meeting only to find that it had been canceled. He expressed concern that they were not notified of the cancellation prior to the meeting time. Council President Hunt mentioned Mr. Monahan's suggested process to handle the issue. Councilor Moore said that he would support a process with a definite timeline that did not interfere with staff's deadline. Mr. Bewersdorff stated that staff could meet the request, although he was not sure what issues there would be other than those mentioned in the staff report and by Ms. Froude. The Council continued its discussion of how to handle the specific concerns raised this evening. Mr. Hendryx pointed out that if the City did not get their adopted Code to the County by a specific date, the implementation could be delayed until May. Tim Ramis, City Attorney, commented that it was important for the Council to see the exact language of the affected Code sections. Mr. Hendryx said that if Council's concerns were solely the appeals process and the noticing distance, those were easily taken care of at Council's direction. Councilor Moore commented that other members of the Steering Committee might come to the August 11 meeting to voice their opinions, as Ms. Froude did tonight, thus starting the process all over again. Councilor Scheckla mentioned that when the Housing Task Force brought back its recommendation, he would not be insulted if Council threw the whole thing out. Councilor Rohlf said that, while he listened to their citizen advisory committees (because their input was valuable), he did consider their advice to be "advice," which he could choose to follow or not to follow. He pointed out that the other citizen members of the Steering Committee could have chosen to attend this noticed hearing. Council President Hunt suggested going with Mr. Monahan's strategy for staff to review the points for discussion with Ms. Froude, and submitting a list to Council with the August 11 CITY COUNCIL MEETING MINUTES - JULY 28, 1998 - Pagel0 packet. He suggested also contacting the other citizen members to ask them what points they felt needed more discussion. Mr. Monahan spoke to asking the citizen members what issues they had thought had been left up to the Council to decide, rather than leaving it as an open- ended request. CITY COUNCIL MEETING MINUTES - JULY 28, 1998 - Pagel1 Mr. Monahan summarized the Council direction as continuing the hearing to August 18 with adoption at the August 25 meeting. Mr. Hendryx noted that staff was to send out notices to the Committee asking them if there were any other issues that they remembered that the Committee left open for the Council to decide on. Motion by Councilor Scheckla, seconded by Councilor Rohlf, to continue the hearing to August 18, 1998. Motion was approved by unanimous voice vote of Council present. (Council President Hunt, Councilors Moore, Rohlf and Scheckla voted "yes.") Council President Hunt commended the staff for its outstanding job on this Code rewrite that would save the City money and litigation. He mentioned that the Code rewrite was one of Mr. Hendryx's first suggestions after he was hired. Mr. Bewersdorff pointed out that Tigard was ahead of other cities who were only now beginning their Code rewrite processes. 8. PUBLIC HEARING - FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 10 - SW 100TH AVENUE AND INEZ STREET (Continued from June 23, 1998, Agenda) a. Public Hearing continued from June 23, 1998. b. Staff Report Mr. Monahan stated that this was a continuation of the June 23 public hearing. He explained that, upon further research following the June 23 hearing, staff discovered that, of the three property owners involved, only one was in favor of it. He recommended not forming this district. Gus Duenas, City Engineer, explained that staff had originally understood that two people favored the district. Now the situation was one property owner in favor, one opposed, and one unknown (the property owner passed away and the estate might go into probate). He recommended holding off on the project until they could get a majority of interest in the district. Councilor Scheckla commented that he had thought this project was on hold until staff researched whether there was another route with more people on it. Mr. Duenas mentioned the alternate route going down Inez and hooking up to SW 97 He said that there were two pieces of land for which the City had no right-of-way. He commented that the "keep out" signs posted on those properties made him suspicious that the owners would not be receptive to the City asking for an easement across their properties. He said that the City has had no interest expressed from the residents along that route. He pointed out that the City preferred a 50% majority of interest from an area, prior to forming an reimbursement district. He said that staff would survey those people to see if the situation has changed. d. Public Testimony PROPONET o Jose Untalan, 14485 SW 1001h Avenue, commented that 20 years ago he retired from the Navy and moved to Tigard (pop. 12,666). He said that in 1980 he was forced to annex info the City L.CITbut he has yet to see any return on his investment of taxes and storm drainage dues. He emphasized that the area needed sewer, noting the older homes built in the 1950s. He indicated UNCIL MEETING MINUTES - JULY 28, 1998 - Pagel2 Y CO that the reason the City found no interest in sewer in the area was because the price tag was given as between $10,000 to $20,000. He cited an instance on the Portland East side in which the residents petitioned for sewer and were charged $2,500 for plumbing, even though the City had originally told them sewer was too expensive. Jose contended that the residents in this area felt ignored by the City, despite paying taxes for 20 years. He mentioned that six of his neighbors recently passed away and never saw a return on their investment in the City. He said that he did not care which alternative the City went with as long as it was a system that allowed for growth, improvement and expansion. OPPONENT • Don Quinn, 14530 100'h at Inez, expressed his adamant opposition to running the line up SW 100' Avenue to Inez in order to pick up three people. He described his alternate route of running the line up lower Inez to pick up 16 households, including the three on SW100' Avenue. He said that the no trespassing signs at the end of Inez were to keep the kids out, and that he did not think that those property owners would object to a needed sewer easement across their properties. He said that spending $35,000 to extend a line for three people was not cost effective. Mr. Quinn confirmed to Councilor Scheckla that he was not opposed to a sewer line, only to the proposed route. e. Council Questions Councilor Scheckla asked Mr. Duenas if staff researched Mr. Quinn's proposed route. Mr. Duenas said that they have researched it. He spoke to staff surveying everyone along the route to determine interest in a sewer project, including the two properties that they had to go through. Councilor Moore spoke to the importance of a neighborhood getting together as a group to support a City sewer project. He commented that the City could only go so far, and that the interested people had to help sell the project to their neighbors. He suggested that Jose and Mr. Quinn get together with their neighbors and discuss the advantages and disadvantages before Mr. Duenas contacted them. He pointed out that the City did not want to force this on people who did not want it. He mentioned that the City would prefer 100% neighborhood support in order to have a win-win situation for everyone. Mr. Quinn concurred with Councilor Moore. He commented that it was unlikely that the lower Inez residents would be interested until their septic tanks began to fail. Councilor Moore spoke to doing a sales job, emphasizing that installing a sewer line took time, something that a homeowner might not have when his septic tank failed. Council President Hunt mentioned the successful reimbursement districts the City had last year as part of the program initiated by Council to help improve sewer in the City. He noted that the neighborhoods got together and asked for a sewer system from the City. He said that if the majority of people in a neighborhood wanted a sewer system installed, the City had money available to do so but the City did not want to shove it down their throats. Mr. Duenas mentioned his intention to bring a resolution before Council to put a cap on the spending in a reimbursement district. He reported that unfortunately the bid for the Hillview area came in at $14,000, very close to the $15,000 cap he wanted for the maximum amount ($8,000 paid for by the resident and the difference by the City). He said that staff was reviewing CITY COUNCIL MEETING MINUTES - JULY 28, 1998 - Page13 that bid but it was very small job. He suggested waiting until next spring to re-bid the project when they might get a better price, as that was the contractors' off-season. Mr. Duenas said that the best thing was for staff to research Mr. Quinn's suggested route and survey the neighbors. He mentioned the need to sell the homeowners on the benefits of a sewer, including enhancement of property values and home improvement loan possibilities. Councilor Rohlf concurred with Councilor Moore about holding a neighborhood meeting to discuss the benefits. He suggested including some rough cost estimates also. Councilor Scheckla concurred with Councilor Moore also. The Council agreed by consensus that Mr. Duenas should contact the property owners by letter to assess the interest level in the area, call a meeting to discuss the issues, and report back to Council. Council President Hunt reassured Mr. Quinn that Mr. Duenas was aware of his concerns regarding the SW 100`h Avenue route, and would consider that along with input from the other homeowners. Mr. Duenas asked the residents who were interested in getting a sewer line in to help with selling the project to their neighbors. > The Council considered Agenda Item No. 7 at this time. 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS > Resolution 98-43 Mr. Monahan explained that the resolution designated Jessica Gomez and Liz Newton as Deputy City Recorders, and described their duties. Motion by Councilor Scheckla, seconded by Councilor Rohlf, to adopt Resolution 98-43. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hurt, Moore, Rohlf and Scheckla voted "yes.") > Water Resources Task Force Mr. Monahan presented the Mayor's recommendation to set up a task force on water concerns to answer questions and to work with the City on disseminating information to the public. He said that Mayor Nicoli suggested asking former Tigard Water District staff members and commissioners to serve on the task force and to share their knowledge of the history of water provision in Tigard and why certain decisions were made 20 years ago. Councilor Hunt said that he thought that the Mayor had included people active in the community as possible task force members also. Mr. Monahan concurred, commenting that those with interest could share the knowledge gained through the task force with their neighbors as well as give valuable feedback to the City. Council President Hunt noted that the Portland opposition to the Willamette River water supply was well organized, and a task force would help Tigard organize its tactics. CITY COUNCIL MEETING MINUTES - JULY 28, 1998 - Pagel4 Councilor Rohlf commented that public relations has been a concern of his since the beginning of this issue. He said that it might be necessary eventually for the City to take a leadership role in this matter but it would cost them politically. He agreed to try the task force but supported a more aggressive public relations campaign. Councilor Moore concurred, commenting that people did not know the whole story. Councilor Rohlf mentioned that Portland had a strong economic incentive to oppose the Willamette River as a water source because it stood to lose its suburban market for Bull Run water. Council President Hunt commented that it would cost Tigard twice as much to get Bull Run water. Mr. Ramis mentioned a breakfast forum at TVEDC, sponsored by his firm, at which Ed Wegner and Kevin Hanaway made excellent presentations on this subject. He commented that the people asked good questions and came away with a positive view that the City was working hard to answer these water questions. Councilor Scheckla mentioned that several people told him that they would support Willamette River water if the line went in above Newberg and the paper mill. The Council agreed by consensus that staff should make the contacts to recruit task force members. > Study Session Items Mr. Monahan mentioned the development staff has been working on with Mr. Fields, owner of Coe Manufacturing. He said that staff had an update on the Atfalati Recreation District. He reported that Train Day was moving forward to September 24 and 25. He mentioned the volunteer program staff was working on. Mr. Monahan advised the Council that it was important that they show support for the Tigard Daze event. Council President Hunt and Councilor Scheckla and Rohlf agreed to ride in the parade. 11. EXECUTIVE SESSION The Tigard City Council went into Executive Session at 10:15 p.m. under the provisions of ORS 192.660 (1) (d), (3), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 12. ADJOURNMENT: 11 p.m. the '-Attest: Catherine Whe tley, it Recorder ;yor, ity o Tigard Date: C/ h (C( Q --T is\adm\cathy\ccm\980728.doc CITY COUNCIL MEETING MINUTES - JULY 28, 1998 - Pagel5 COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684.0360 Notice TT 9190 BEAVERTON, OREGON 97075 Legal Notice Advertising e City of Tigard • ❑ Tearsheet Notice 013125 SW Hall Blvd. 0 ❑ Duplicate Affidavit Tigard,Oregon 97223 s e Accounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss' 1, Kathy Snyder being first duly sworn, depose and say that I am the Advertising, Director, or his principal clerk, of theTigard-Tualatin Tunes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and state; that the Tigard City rnin_i1 Review Board Meeting a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: July 23,1998 Subscribed and sworn to e e me this2_1rd da-,r f -Till ,1998 OFFICIAL SEAL R003H A. BURGESS Not Public for Oregon NOTARY PUBLIC-OREGON My Commission Expires: *COMMISSION NO. 062071 MY COMMISSION EXPIRES MAY 16, 2001 AFFIDAVIT - The following meeting highlights are published for your information. Full agendas may be obtained from the City Recorder, 13125 S.W. Hall Boulevard, Tigard, Oregon 97223, or by calling 639-4171. TIGARD CITY COUNCIL ~7►~ AND LOCAL CONTRACT REVIEW BOARD 10aEETING July 28, 1998 - 6:30 P.M. TIGARD CITY HALL - TOWN HALL ! 13125 SW HAIL BOULEVARD; TIGARD, OREGON e Life-Saving C on ore Public He 98=0001- Com Compre)ieesive Plaid t 9$-.006M C Muni. D evelopmeiit Coc1e P'ra~posed Re Wntae Sanitary"Se*er Reimbursement District- idoeg:SW 13j View Street between SW Ash Avenue and 8 @~: IOI Avenue,'(Con- tintW from the June 23, 1998, Council meetio.) i Review request for private property wetlands mitigation.. • Review status of parkland donation from Albertson's. TT9190- Publish July 23, 1998. COMMUNITY NEWSPAPERS, INC. Legal Notice TT 918 7 P.O. BOX 370 PHONE (503) 684.0360 BEAVERTON. OREGON 97075 Legal Notice Advertising *City of Tigard • E3 Tearsheet Notice 013125 SW Hall Blvd. • ❑ Duplicate Affidavit Tigard,Oregon 97223 • • Accounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss- I, Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theT] gard-Tua Latin T} mes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and state; that the CDC [Tit Q? 81 Re-Write a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: July 16,1998 Subscribed and sworn to a re me thisl 6th tiny Of July, 19 9 8 OFFICIAL SEAL ROSIN A. BURGESS N ry Public for Oregon NOTARY PUBLIC-OREGON COMMISSION NO. 062071 My Commission Expires: MY COMMISSION EXPIRES MAY 16, 2001 AFFIDAVIT J The foflos~rir 'tail! be considered by the Tigard City Council on July $,=ati7:30 P.M.> at the Tigard Civic Center - Town Hail Room, 13125 SW Hall Blvd., Tigard, Oregon 97223. Bath 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 Appeals based on that issue; and failure to specify the criterion from the Community Development Code or "Comprehensive Plan at which a comment is directed precludes an appeal based on that ciiterion. Fuither information is rs available at City Hall and may be obtained from the Community Develop- Z ment Director or City Recorder at the same location, or by calling (503) 639-4171. PUBLIC HEARING COMPREHENSIVE PLAN AMENDMENT (CPA) 98-00011 ZONE ORDINANCE AMENDMENT (ZOA) 98-0001- > C.D.C. [TITLE 18] RE-WRITE < The City of Tigard is proposing to amend the Tigard Community Development Code (Title 18) to its entirety as a part of a process to up- date and simplify the document and reflect changes in federal, state and regional law, as well as court decisions. This includes repealing of local established/developing area policies in the Tigard Comprehensive Plan, as well as amending Comprehensive Plan policies regarding dedication to reflect "Dolan," The City of Tigard Planning Commission held a public hearing on the proposed Development Code Re-Write on June 15, 1998 and received public testimonfon the matter. The Planning Commission recommended' adoption of the provisions to the City Council. LOCA- TION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: , Statewide Planning Goals 1 and 2; Tigard Comprehensive Plan Policies 1.1.La and c, 2.1.1, 2.1.2 and 2.1.3; and Community Development Code Section 18.30. M187 -Publish July lo, 1998. -00NPs`T 1 of V AGENDA ITEM NO.6 - DATE : 07128/98 v ' Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. STAFF NAME, ADDRESS & PHONE TOPIC CONTACTED CLY\d.v~ C~`R t S~e ti15e.1'~ A ber+5 o ),i 5 y '0793 4S c~ Wu~td S~~ ~j5-1~r ~Sy J~~o~ec'~ Lave Mfr 20 SVJ LJ b E M Ti' L&ND \JV AGENDA ITEM NO.6 - VISITOR'S AGENDA - PAGE 2 DATE: 07128/98 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda Items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. STAFF NAME, ADDRESS & PHONE TOPIC CONTACTED 1 *dm1J w1c8lvWWKd00 Depending on the number of person wishing to testify, the Chair of the Council may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair may further limit tune if necessary. Written comments are always appreciated by the Council to supplement oral testimony. AGENDA ITEM NO.8 DATE: 07/28/98 PUBLIC HEARING - FORMATION OF SANITARY SEWER REMMUII.9ME]!vIIT DISTRICT NO. 10 - SW 100TH AVENUE AND INEZ S"I'ItMT (Continued from June 23, 1998 Agenda). PLEASE SIGN IN TO TEST'IF'Y ON THE ATTACHED SHEETS AGENDA ITEM NO.8 PRASE PRINT Pro anent - (S In Favor) Openent - ( A ) Name, Address and Phone N,o~ , Address and Phone No. ZZ9 Name, Address and Phone No. N amt, Addr 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. 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. Proponent (Speaking in Favor Opponent S eakin Against) 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. 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. OWmwsslc Ues*dw AGENDA ITEM # a' For Agenda of July 28, 1998 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Budcret Adjustment #1 for Rape Crisis Center PREPARED BY: Wayne DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Shall the City Council approve a budget adjustment to provide funding for the Rape Crisis Center request of $750? STAFF RECOMMENDATION Staff recommends Council consider the request for funding. INFORMATION SUMMARY The City has funded the Rape Crisis Center since 1994/95 in the amount of $500 and granted them $750 in 1997/98. The City did not receive a request from them for 1998/99 however, it appears that they mailed a request prior to the deadline. We are unable to explain why the City did not receive their request. Because it was not received, they did not receive consideration during the budget process. The Policy limit for social agency and arts/events funding for 1998/99 was $96,000. The Budget committee, after adding the Train event for $2,500, approved a total of $96,193. The Rape Crisis Center furnished a copy of their request for $750 which is included with this information. Should the Council desire to consider their request for funding, passage of the attached resolution is necessary to appropriate contingency in the general fund in the amount of $750. OTHER ALTERNATIVES CONSIDERED Deny the funding request. FISCAL NOTES Approval of the funding request would increase appropriations in the social service budget unit and decrease contingency in the general fund. Rape Crisis Center, Inc • P.O. Box 561 • Beaverton, OR 97075. 640-5311 C) 0 January 22, 1998 Mr. Wayne Lowry Director of Finance City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Mr. Lowry: Enclosed is our application for funding from the City of Tigard for the fiscal year 1998/1999. Changes: Great News!! The Rape Crisis Center has been approved for a subgrant award from the Department of Justice to hire the first staff person and purchase equipment. The subgrant award was for $91,790 to be paid out over a two and a half year period beginning January `98. The Department of Justice received 164 proposals seeking approximately $16 million of which funds where available for $3.2 million. The federal funds are made available to Oregon under the Victims of Crime Act of 1984. This funding is a major victory for our goal of providing services to victims of sexual assault. We will be using the funding to provide salary for the position of Executive Director and to purchase equipment. Serving the community: In 1997 we responded to 10 hot calls involving Tigard residents and a total of 77 in Washington County. Already in January we have responded to 8 hot calls, 2 involving Tigard residents. We continue to take calls into the crisis line. Problems: Unfortunately to date we have not been able to get the support off the ground. I wrote a grant for $45,700 to fund a sexual assault recovery support group for a two and a half year period; we were not awarded any funds for this group. We will continue to use some of the money set aside for the support group for individual counseling which is a continual need. We also will continue to refer people to the support groups that are already established. Unfortunately, none of the support groups available are on the West Side. I will periodically review this project to see if changes can be made. We appreciate the continued support from the City of Tigard. Please contact me if you have any questions. Sincerely, c~ CLn,.' 'Oc,c t15-', Lee Anne Dillon Executive Director • Servine Washineton County Since 1977 • Rape Crisis Center, Inc. • P.O. Box 561 • Beaverton, OR 97075 640-5311 January 22, 1998 Mr. Wayne Lowry Director of Finance City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Mr. Lowry: Enclosed is our application for funding from the City of Tigard for the fiscal year 1998/1999. Changes: Great News!! The Rape Crisis Center has been approved for a subgrant award from the Department of Justice to hire the first staff person and purchase equipment. The subgrant award was for $91,790 to be paid out over a two and a half year period beginning January `98. The Department of Justice received 164 proposals seeking approximately $16 million of which funds where available for $3.2 million. The federal funds are made available to Oregon under the Victims of Crime Act of 1984. This funding is a major victory for our goal of providing services to victims of sexual assault. We will be using the funding to provide salary for the position of Executive Director and to purchase equipment. Serving the community: In 1997 we responded to 10 hot calls involving Tigard residents and a total of 77 in Washington County. Arcady in January we have responded to 8 hot calls, 2 involving Tigard residents. We continue to take calls into the crisis line. Problems: Unfortunately to date we have not been able to get the support off the ground. I wrote a grant for $45,700 to fund a sexual assault recovery support group for a two and a half year period; we were not awarded any funds for this group. We will continue to use some of the money set aside for the support group for individual counseling which is a continual need. We also will continue to refer people to the support groups that are already established. Unfortunately, none of the support groups available are on the West Side. I will periodically review this project to see if changes can be made. We appreciate the continued support from the City of Tigard. Please contact me if you have any questions. Sincerely, Lee Anne Dillon Executive Director ® Serving Washington County Since 1977 • CITY OF TIGARD, OREGON 13125 S.W. Hall Blvd. Tigard, OR 97223 AGENCY FUNDING REQUEST APPLICATION AGENCY: Rape Crisis Center, Inc. ADDRESS: P.O. Box 561 Beaverton Oregon 97075 City State Zip PERSON PREPARING APPLICATION Lee Anne Dillon, Executive Director PHONE NUMBER 503-641-7093 1. Describe the Agency's Mission: To provide immediate response and support to the sexually assaulted survivor and empower them to heal and regain control of their lives. To minim.~a the aftermath by Droyi_ting advocacy nd 'nfbrma inn r f rral p h rviyors and their families. To educate and create awareness surrounding sexual assault to the ccrr¢aurLity -MGMbar.r. of 2. What programs/services did your agency provide in Tigard this year and specifically describe how Tigard funds were used by your organization? Volunteer advocates responded as requested, typically within 30 minutes tc all calls from police and hospitals to provide immediate support to victims during the rape exam, police interviews and judicial proceedings. Funds are used to pay for our 24 hour crisis line, provide clothing to survivors, produce printed materials and pay for counseling. 3. What types of services will be provided in the year in which funding is requested and how many Tigard residents are estimated to be served? Also explain the impact on such services if you are granted less than you are requesting? 1. Rape crisis counseling, information and referral using 24 hr line. 2. Emotional and practical support during rape exam, police interview ane legal proceedings. 3. Community education about sexual assault, prevention, and advocacy. There is no way to know how many Tigard residents are served as our crisis line is available to all callers, most of which remain anonymouse. Our crisis line received over 900 calls in 1997. We did respond to 10 hot calls involving Tigard residents. If granted less money by all agencies, we would nee to make cuts in our services; counseling, pamphlets and emergency services. i CLIENT CHARACTERISTICS: (For last year) Please indicate: Estimate Actual xx (Unduplicated count) 19q;7 Hot calls only AGE SEX ETHNICITY Number/Percent Number/Percent Number/Percent Tigard/Wash. Co. 0-4 Male Black 6-19 4/40% 35/45% Female 10/100% 77/100% Hispanic 20-45 6/-LO % 40/ 5 2% Asian 46-64 2/3% Am. Indian 65+ White (Anglo) Unknown Unknownlo/100% 77/100% We serve 100% of requests and currently do not keep these statistics by ethnicity. TOTAL 10/100% 77/100% TOTAL 10/100% 77/100% TOTAL 10/1009 77/100% 2 FUNDRAISING 1. Please identify geographic area covered in fund raising activities. Washington County 2. Were funds solicited last fiscal year? Yes A. Who did solicitations? By Board Members By Ern*eyees- Volunteers XX By Professional Fund-Raiser B. How did you do solicitations? Approximate amount of revenue from each By Correspondence $ 18,951.35 By Benefits, Auctions, Special Events $ 1,708.00 By Campaigns $ By sales of goods or services $ Other $ Total Revenue from solicitations $ 20, 659.35 3. Sources of funds collected during the last fiscal year: Corporations and Businesses $ Individuals $ 2,405.95 Foundations $ 5, 000. 01a, Service Clubs/Civic Organizations $ 478.40 Government Grants $ 8,700.00 Other (specify) Cities, Revenue Sharing $ 40 n7s _ on TOTAL (should agree with total of 2B above) $ 20,659.35 3 4. What fund-raising activities does the agency plan to conduct next year? MONTH EXPENSES THE FUNDS ACTIVITY CONDUCTED ARE TO BE USED FOR: A. -iii am Race -ALrnT [ J CAPITAL [d OPERATING B. [ ] CAPITAL [ ] OPERATING C. [ ] CAPITAL [ ] OPERATING D. [ J CAPITAL [ ] OPERATING FINANCIAL INFORMATION 1. What fiscal year is used? October 1 through September 30 2. By whom, and how are expenditures authorized? AG stated in the bul aam; directors arc authorized to spend up to $300. lAmounts over $300 must be approved by the board. 3. Amount requested from the City of Tigard for the 1998/99 fiscal year? $750.00 4. If funds are being solicited from other local governments in the State of Oregon, please list them and the requested amounts below. RECEIVED REQUESTED REQUESTED LOCAL GOVERNMENT 1996/97 1997/98 1998/99 City of Hillsboro 1000.0(2 1sOn_no 15no no City of Beaverton 2000.00 2000.00 2000.00 City of Forest Grove -0- -0- 250.00 City of Tualatin 325.00 325.00 500.00 City of Cornelius 500.00 500.00 500.00 5. Have the financial records of the organization been audited? Yes If so, please submit a copy of the latest audit report. No formal report issued. The Board of Directors audit finances twice per year. L~~~ 4 6. Were government or foundation grants received during the last fiscal year e yes If yes, list source and amount: A State of Oregon - Victims of crime Act $ 8700.00 B. $ C $ D. $ 7. Were matching funds required? Yes If yes, what percent of match was required? 20% match made through volunteer hours. 8. Does the organization have contracts for services with other agencies? No If yes, please list. AGENCY SERVICE PROVIDED AMOUNT 9. Capital or endowment funds on hand $ 10. What are plans, if any, for use of these funds? PROPERTY INFORMATION Describe location of property (buildings, offices, recreational facilities, etc.) used by the agency: LEASE RENT OWNED AMOUNT AMOUNT A. B. C. D. E. F. G. _ 5 AGENCY BUDGET AGENCY Rape Crisis Center, Inc 1-28-98 Name of Program Date Submitted PROJECTED NEXT FISCAL REVENUE & EXPENSES LAST FISCAL THIS YEAR YEAR ACTUAL FISCAL YEAR PROPOSED 19_L6 97 19 97/98 1998/99 PUBLIC SUPPORT & REVENUE 0 CARRY OVER PREY. YEAR 1 ALLOC - UNITED WAY 47A - 40 600 00 6nc) no 2 CONTRIBUTIONS (PRIVATE) 3 SPECIAL EVENTS 1708.00 2000-00 2000.00 4 LEGACIES & BEQUESTS 5 TOTAL GOV'T FEES & GRANTS A. FEDERAL 8700.00 B. STATE C. REVENUE SHARING 0Z5}00 4500-00 4500.00 D. COUNTY 6 MEMBERSHIP DUES 7 PROG9AM SERVICE FEES 8 SALES OF MATERIALS 9 INVESTMENT INCOME _ 10 MISCELLANEOUS REVENUE 5647.95 11 TOTAL SUPPORT & REVENUE 20, 659.35 41, 300.00 51,150.00 (ADD 0 THRU 10) EXPENSES 12 SALARIES 22 209.00 25 500.00 13 EMPLOYEE BENEFITS 14 PAYROLL TAXES, ETC. 4291 - 00 rJ000-00 15 PROFESSIONAL FEES 75-5. - 190 16 SUPPLIES 780 02 1400-00 2000-00 17 TELEPHONE 2078.04 3500.00 4000.00 18 POSTAGE & SHIPPING 244.19 300.00 400.00 19 OCCUPANCY-RENT, UTIL., ETC. 20 EQUIP. RENTAL & MAINT. 1 r;41 _81 21 PRINTING & PUBLICATIONS 1757.74 2000.00 2500.00 22 TRAVEL 314.15 200.00 1000.00 23 CONFERENCES & MEETINGS 1574.74 2500.00 3000.00 24 SPECIFIC ASSIST. TO INDIV. 1092.24 2000.00 2500.00 25 MEMBERSHIP DUES 206.00 300.00 400.00 26 MISCELLANEOUS EXPENSES 552.04 500.00 750.00 27 MEPNIKKEWUMM EgUipment 3932.45 2100.00 3500.00 28 TOTAL EXPENSES 14, 828.67 41, 300.00 50, 550.00 (ADD 12 THRU 27) 6 AGENCY BUDGET - PAGE 2 29 EXCESS (DEFICIT) OF REVENUE OVER EXPENSE 5830.68 -0- 1000.00 (11 MINUS 28) 30 BOARD RESTRICTED FUNDS 31 OTHER RESTRICTED FUNDS 32 LAND, BLDGS, EQUIP. 33 INVESTMENT SECURITIES 34 ENDOWMENTS/OTHER FUNDS AD 7 MEMBERSHIP/VOLUNTEERS/PERSONNEL 1. Does the organization have a membership? No A. If so, how many? B. Are there membership dues? How much? Total dues received last year? 2. Does the organization have auxiliaries, guilds, or affiliated organizations whose activities contribute to its program and/or support? No NAME OF PURPOSE OF AMOUNT OF ORGANIZATION ORGANIZATION SUPPORT VOLUNTEERS 1. How many, if any, volunteers are used in the program? 30 2. Describe how they are used: Volunteer Rape Victim Advocates answer calls from the 24-hour crisis line, provide immediate response on hot _ calls, and do follow up calls. optionally - public speaking, secretarial duties, fund raising and provide training for new RVAs. 3. Please estimate the total number of volunteer manpower hours over the last twelve (12) months: 8800 Hours 4. Is training available for volunteers? Yes New advocate training is 40 hours, held twice a year, spring When? and fall, and continuing education at our monthly meetings. Time Required Minimum of 30 hours, but individual mentoring of new advocates varies. 8 STAFF 1. How many employees are involved in the program? Part Time -o- , Full Time 1 2. Please estimate the total number of manpower hours of paid employees in the year for which funding is requested. -o- Funding for executive director's position is funded in full for a 2 1/2 year period starting 1/1/98. 9 BOARD OF DIRECTORS AGENCY Rape Crisis Center, Inc. NAME ADDRESS OFFICE HELD TERM EXPIRES ON BOARD Marcia O'Dierno 4080 SW 99th Chairman 10/99 Beaverton, OR 97005 Lee Anne Dillon 13855 SW 33rd Place Executive 10/99 Beaverton, OR 97008 Director Silvia Talavera 69 SW 148th Avenue Advocate Rep. 10/98 Beaverton, OR 97006 Marcia Lewis 7229 N. Chase Agency Member 10/98 Portland, OR 97217 TBA Member of the 10/98 Community MEETINGS ARE HELD: Q„arm Is there a policy for rotation of Board members? Yes If yes, please describe By laws specify chariman 3 years, one director and one community member 2 years, advocate rep and agency iftin\somerv.doc member one year. 10 AGENDA ITEM # L4 For Agenda of July 28. 1998 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Budget Adjustment #2 for the Summerlake playaround nroiect carryover and for a boating facility maintenance arant. PREPARED BY: Wayne DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Shall the City Council approve a budget adjustment to carryover appropriations for the Summerlake playground project and to recognize a grant for maintenance of the boat dock at Cook Park? STAFF RECOMMENDATION Staff recommends approval of the budget adjustment. INFORMATION SUMMARY Summerlake Playground The 1997/98 budget included funding for the improvement of the Summerlake playground. The playground equipment that was scheduled to arrive in June was delayed until July. A budget adjustment is necessary to provide appropriations for this expenditure. Funds will come from a greater than anticipated beginning fund balance in the general fund. Cook Park Boat Dock The City has received a maintenance assistance program grant from the Oregon State Marine Board in the amount of $2,500. This grant was not anticipated in the 1998/99 and therefore can not be spent until a budget adjustment is approved. The funds are to be used to maintain the Boat dock and ramp at Cook Park. OTHER ALTERNATIVES CONSIDERED N/A P FISCAL NOTES These two adjustments taken together increase appropriations in the Park maintenance budget by $2,500 and in general capital projects by $17,100. General fund balance is increased by $17,100 and state grant revenue in the general fund is increased by $2,500. AGENDA ITEM # For Agenda of July 28. 1998 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Budget Adjustment #3 for Summerlake weed harvesting. PREPARED BY: Wayne DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Shall the Council approve a budget adjustment to provide funding for the weed harvesting effort at Summer'lake park which was not included in the 1998/99 adopted operating budget? STAFF RECOMMENDATION Staff recommends approval of the budget adjustment. e INFORMATION SUMMARY The Council directed the Public works staff to proceed with the harvesting of weeds in Summerlake among several options to improve the clarity of water. The first contract cutting took place in early July at a cost of $5,350. Public works estimates the need to perform three more cuttings this year bringing the total cost of contract cuttings to $21,400. In addition, the consultant has recommended the application of a chemical treatment at an estimated cost of $10,000. This budget adjustment totals $31,400 and is intended to provide funding for Summerlake cleanup activities for the balance of the fiscal year. The funds will come from general fund contingency and will be placed in the Parks Maintenance budget unit. OTHER ALTERNATIVES CONSIDERED None FISCAL NOTES This budget adjustment reduces general fund contingency by $31,400 and increases the Parks Maintenance budget by $31,400. AGENDA ITEM # ~_j • a 0'. FOR AGENDA OF July 28, 1998 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM Si.JNMARY ISSUE/AGENDA TITLE InZitiiatiioon of Vacation Proceedings for a Portion of SW 66th Avenue PREPARED BY: A.P. Dtidnass v DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council initiate vacation proceedings for a portion of SW 66`h Avenue? STAFF RECOMMENDATION Staff recommends that Council initiate vacation proceedings by adopting the attached resolution. INFORMATION SUMMARY The City of Tigard, by Resolution No. 81-12 and pursuant to the terms of ORS 271.330, accepted from the State of Oregon a certain parcel of real property located within the city limits of the City of Tigard to be used and maintained by the City as part of 66"' Avenue in its City street system. Pacific Realty Associates, L.P. ("PacTrust") would like to acquire a portion of the right-of-way deeded to the City of Tigard by the State of Oregon for expansion of their parking area, and has requested that the City relinquish that property to the State of Oregon. The pending construction of the I-5/Highway 217 Interchange requires that the City retain sufficient property adjacent to the I-5 corridor to ensure that the right-of-way widths required by the Tigard Triangle Design Standards are met. There is still a posssibility that the alignment of 66`h Avenue could move to the west should the pending project require additional property for the planned improvements. However, a portion of the property is clearly not necessary for use as part of 66`}' Avenue and can be reconveyed to the State of Oregon, Department of Transportation for disposition. Once the construction of the I-5/Highway 217 Interchange project is completed and the final alignment of 66`x' Avenue is established, there may be additional property that can be reconveyed to ODOT for disposition. The attachments are: Legal description of the property (Exhibit A), map of the property (Exhibit B), applicant's request, and the resolution for initiating vacation proceedings. OTHER ALTERNATIVES CONSIDERED 1. Adopt the attached resolution thereby initiating vacation p oceedings and calling for apublic hearinb on September 8, 1998. 2. Take no action at this time. r VISION TASK FORCE GOAL AND ACTION COMMTI'IBE STRATEGY N/A FISCAL NOTES All fees and staff costs shall be paid by the applicant. L-Id wideVum166thvac.doc W1' T L A 15350 S.W. Sequoia Pkwy., Suite 300 Property Management Company Portland, Oregon 97224 Property Manager for PACRIaueT 503/624-7787• Facsimile: 503/624-7755 April 15, 1995 Gus ty of Duenas Tigard Engineer Cl6 Il D U E 13125 SW Hall Blvd. O Tigard, OR 97223 APR 1 6 1999 CITY OF :TIGARD Re: 6600 SW Hampton St. Tigard. OR 97224 REQUEST TO RELINQUISH PROPERTY Dear Mr. Duenas, Pacific Realty Associates, L.P. ("PacTrust") is working on a project to better utilize the land located at the above referenced address. Gerding and Edlen recently completed development on the property directly south of this parcel. Their project involved the purchase of some right of way from the Oregon Department of Transportation (ODOT) which had formerly been deeded to the City of Tigard. To facilitate the transaction the City of Tigard reconveyed the property to ODOT. PacTrust would like to acquire a portion of the right of way located directly east of the above referenced property (see attached legal description and survey) for expansion of a parking area. This acquisition will have to be structured similar to the Gerding and Edlen purchase. After discussing this project with Roland Arney, Senior Right of Way Agent, ODOT, it is clear that the process needs to start with the City of Tigard relinquishing the parcel in question back to ODOT. ODOT would then sell the property to PacTrust. I request that the City of Tigard relinquish this property to ODOT. Gus Duenas City of Tigard Engineer Page 2 April 15, 1998 PacTrust is anxious to move forward on this project as quickly as possible. For your convenience I have enclosed a formal "Resolution Declaring Certain Real Property Surplus" and a "Statutory Quitclaim Deed". These are the in the same form used in the earlier transaction and should require minimal review by the city staff or outside council. If you have any question I can be reached at 624-7787. Thank you for your assistance with this matter. Sincerely, WIITALA PROPERTY AGEME MPANY en Hann Encls. cc: Brain Raiger, City of Tigard Engineering (w/ Encls.) Peter Bechen, PacTrust (w/ Encls.) Leon Hartvickson, PacTrust (w/o Encls.) Nancy Murray, PacTrust (w/o Encls.) AGENDA ITEM a b For Agenda of: July 28, 1998 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUEIAGENDA TITLE: Initiation of Vacation proceedings for an approximately 13,140 square foot portion of Public -Right-Of-Way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue. a a PREPARED BY: Julia Powell Haiduk? DEPT HEAD OK CITY ADMIN OK VUUV" ISSUE BEFORE THE COUNCIL Should the City Council initiate Vacation proceedings involving an approximately 13,140 square foot portion of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue? STAFF RECOMMENDATION s It is recommended that Council initiate vacation proceedings by adopting the attached resolution which sets a formal public hearing date on the petition for September 8, 1998. INFORMATION SUMMARY In the City vacation process of streets, easements and other public dedicated areas, the City Council begins the process by passing a Resolution to schedule a formal public hearing to consider such requests. Specht Development is requesting that the City Council initiate Vacation proceedings for an approximately 13,140 square foot portion of public right-of-way on SW Franklin Street between SW 69th Avenue and SW 70th Avenue. The right-of-way had previously been dedicated as part of the West Portland Heights Subdivision. This right-of-way is un-improved and due to existing development on the west side of SW 70th Avenue, it does not appear that it will provide for "through" connections in the Tigard Triangle. The petitioner is requesting that the City vacate this portion of the public right-of-way so as to incorporate it into a development for an office complex. As part of that development and this Vacation, the dedication and improvement of SW Beveland Street will be required. Beveland Street is listed as a minor collector street on the Tigard Triangle Street Plan and will provide for "through" connections. Appropriate agencies shall be contacted for comments prior to developing a report for Council consideration. Attachments: Exhibit A - (Petition Requesting Initiation for Vacation) Exhibit B - (Site Plan) Exhibit C - (Legal Description) Exhibit D - (Vicinity Map) OTHER ALTERNATIVES CONSIDERED Take no action at this time. FISCAL NOTES There are no direct fiscal impact as a result of this request as all fees have been paid by the applicant. 7/28/98 Council Initiation of SW Franklin Street Public Right-of-Way Vacation Proceedings is ci¢ywide\sum\vacfrank.sum Julia PH 16-Jul-98 AGENDA ITEM # 4 3 FOR AGENDA OF July 28, 1998 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Approval of Supplement No 2 to the Intergovernmental Agreement for the Greenbur Road Improvements at Highwgy 217 PREPARED BY: A.P Duen~ ass DEPT HEAD OK ar CITY MGR OK ISSUE BEFORE THE COUNCIL Shall City Council approve Supplement No. 2 to the Intergovernmental Agreement (IGA) for the Greenburg Road Improvements at Highway 217? STAFF RECOMMENDATION Staff recommends that City Council approve the attached resolution authorizing the Mayor and City recorder to sign Supplement No. 2 to the Intergovernmental Agreement on behalf of the City. INFORMATION SUMI`/IARY Staff recommends that City Council approve the attached resolution authorizing the Mayor and City Recorder to sign Supplement No. 2 to the Intergovernmental Agreement on behalf of the City. INFORMATION SUMMARY An intergovernmental agreement among Oregon Department of Transportation (ODOT), Washington County, and the City of Tigard for design of the widening of Greenburg Road at the Highway 217 Overpass was approved by Resolution No. 95-30 authorized by City Council during a meeting on June 27, 1995. The Mayor and City Recorder both signed the resolution on the 27th of June. The road improvement project widens Greenburg Road from Shady Lane to just past the Washington Square Drive Intersection. It provides additional capacity and left turn capability for smoother traffic flow in that area. The project is funded by a combination of Major Street Transportation Improvement Program (MSTIP) and Local Surface Transportation Program (STP) funds. That original agreement authorized preliminary engineering and design to proceed on the project. Supplement No. 1, approved by Resolution No. 97-34, expanded the original scope to include preliminary engineering, engineering design, monitoring of necessary rights-of-way acquisition, bid advertisement, construction inspection and project management of the project until construction completion. Supplement No. 2 increases the amount provided for the preliminary engineering and design of the project to reflect the actual costs incurred in completing the project ready for construction. The project design has been completed and the construction is well underway. The execution of Supplement No. 2 is to ensure that funding is provided to compensate ODOT for the actual services rendered in completing the preliminary engineering and design for the project. .l OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The project authorized by the IGA supports the Tigard Beyond Tomorrow Goal of Improve Traffic Safety, Strategy Encourage through traffic on major collectors and arterials. FISCAL NOTES The amount of $2,015,000 is available in MSTIP-2 funds provided by Washington County. The sum of $400,000 is added to the project from the STP (Local Surface Transportation Program). The $400,000 includes $359,000 in STP funds and $41,000 in matching funds provided through the Traffic Impact Fee (TIF) funding. Matching funds for the STP funding were included in the approved 1997-98 Capital Improvement Program, and have been transmitted to ODOT for the project construction. [ACITYWIMSUNGRSP2IGA.DOC WASHINGTON COUNTY, OREGON DE June 1, 1998 jig 5 1998 CITY. OF TIGARD City of Tigard Attention Gus Duenas 13125 SW Hall Blvd. Tigard, OR 97223 RE: HIGHWAY 217 AT GREENBURG ROAD INTERCHANGE-SUPPLEMENT NO. 2 TO INTERGOVERNMENTAL AGREEMENT FOR PRELIMINARY ENGINEERING AND DESIGN FINANCING Attached are five bound copies of Supplement No. 2 to the Intergovernmental Agreement on Highway 217 at Greenburq Road Interchange. Please review and obtain the required City signatures. Once the signatures are obtained, please forward all signed and bound documents to Michelle L. Smith at ODOT for final ODOT signatures and distribution. If you have any questions I can be reached at 681-2866. Thank you. ancy I. Bkr Administrative Assistant Department of Land Use and Transportation Capital Project Management Division Phone: 503/693.4895 155 North First Avenue, Suite 350-18 Hillsboro, Oregon 97124 FAX 9:503/693-4412 r t AGENDA ITEM # FOR AGENDA OF July 28, 1998 r' CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Approval of changes to the personnel policies for Management, Supervisory, and Confidential Employees PREPARED BY: Sand Zodrow T HEAD OK CITY MGR OIC ISSUE BEFORE THE COUNCIL Should the Council adopt revisions to the Personnel Policies for Management, Supervisory and Confidential Employees that would make adjustments to the benefit package currently provided to these employees STAFF RECOMMENDATION Council adopt the revisions to the policies as proposed and previously approved by your Council INFORMATION SUMMARY Your Council previously reviewed these proposed benefit changes in your Executive Sessions of April 28, 1998 and May 19, 1998, and approved them in your May 19th Executive Session. This agenda item formally amends the Personnel Policies that refer to these benefits. As you will recall, they include changes to the worker's compensation, long term disability, life insurance and vacation cash out benefits for Management, Supervisory and Confidential Group Employees. These changes are more specifically described in the attached handout "Management/Professional Benefit Package Recommendations", which was provided to your Council at your April 28th meeting. The specific changes to the personnel rules necessary to implement these previously approved items are detailed in the Resolution and Order Exhibit A. OTHER ALTERNATIVES CONSIDERED Various other benefit items were considered, however these proposed changes were recommended by the staff. a FISCAL NOTES As presented to your Council at the May 19th Executive Session, the approximate annual cost for all of the J_ proposed changes would be a maximum of $17,840 for the entire Management/Professional Group of Employees. This estimated cost assumes the maximum use of such changes as the vacation cash out, which w historically, as an example, has only been used by a few staff. J l MANAGEMENT/PROFESSIONAL BENEFIT PACKAGE RECOMMENDATIONS s Estimated Annualized priority Proposed Change OPEU/TPOA Comparison Cost 1 Worker's Compensation - If an OPEU - $ 475.00 employee is injured as a result of - No wage supplement $6.79/ee their job: - Employees can use sick leave for - Make employee's wage whole the 3-day waiting period during absence - Retirement contributions continue - Pay salary for 3 day waiting for 90 days period TPOAf- - Pay retirement contributions - Employee's wage is made whole - Paid for the 3-day waiting period - Retirement contributions continued 2 Long Term Disability OPEU $ 1,777.00 - The benefit rate of 66-2/3% will - Receive 66-2/3% of salary $25.39/ee remain the same - Salary cap of $3,000 - Salary cap changed to reflect TPOA - actual management/ - Receive 60% of salary professional staff wages - Salary cap of $1,667 3 Life Insurance OPEU - $ 6,191.00 - Increase policy amount from - Policy amount of $25,000 $88.44/ee $25,000 to $50,000 TPOA - - Policy amount of $25,000 4 Vacation Cash-out OPEU - $ 9,396.00 - Current policy allows cash-out - Allows 1 week of vacation in $134.231ee of 1 week in conjunction with conjunction with taking 1 week of taking 1 week of vacation time vacation time off up to twice a year - Change policy to allow 1 TPOA - additional week of vacation - Cash-out program is equal to or cash-out exceeds other internal cash-out programs sb\benefds\mgmt98 REVISED.... AGENDA ITEM # `-l FOR AGENDA OF 7/28/98 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award Personal Corn Bid PREPARED BY: Paul deBru n DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL The City of Tigard issued an "Invitation to Bid for Personal Computers". A total of 27 bids were sent out and 19 responses were received. Bids were evaluated both on qualification and price. See attached for evaluation summary, vendor comparisons and price recap. STAFF RECOMMENDATION Award to Caliber as the primary vendor with secondary and tertiary awards to Tangent Computer, Cascade Computer Maintenance and Able Computers. These contracts are for the purchase of computer equipment budgeted in 1998/99. New computer equipment will be purchased in accordance with the tomputer replacement program instituted in 1995. Contracts will be for the Fiscal Year of 98/99 with option to renew up to 3 years per the Purchasing guidelines. INFORMATION SUMMARY Listed below are the top 3 bids. See attached for remaining 15 vendor pricing: Caliber $1,055/per computer Able Computers $1,059/per computer Tangent $1,174/per computer Cascade Computers $1,299/per computer OTHER ALTERNATIVES CONSIDERED Award to other vendor. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None FISCAL NOTES Each Department has budgeted within their own department for their computer needs. This agenda item is not for additional funds. I:\CITYIMDEICOMPUTER. DOC Evaluation of proposals in response to ITB for Personal Computers dated July 17, 1998 Approximately twenty-seven bid packets were sent out to vendors. Nineteen vendors responded. The nineteen proposals were graded on response to particulars of the ITB and for price. Methodology: Network Services defined twenty questions about the vendor's response to the ITB, where specific items were requested, services made available, equipment certified, etc. Each vendor's proposal was read and his or her responses to these twenty questions were scored. One point was awarded for each favorable response, i.e., a response where the vendor proposes hardware that meets the ITB specifications, or the vendor agreed to specific terms, or the vendor provided requested warranties. No points were awarded where the vendor either proposed equipment that did not meet the ITB specifications or the vendor provided no response to the specification in the ITB. The twenty questions were: 1. Is the vendor registered to do business in the State of Oregon? If so, when? 2. Will the vendor provide two year on-site maintenance for proposed equipment? 3. Is the maintenance office local? 4. Did the vendor supply specification sheets for equipment proposed that vary from the ITB specifications? 5. Will the vendor agree to provide maintenance on our existing equipment when it's original 24-month warranty expires? 6. Does the vendor perform a "burn-in" for equipment prior to shipping? 7. Is the vendor warranty voided if City personnel perform minor maintenance or repairs? 8. Is the equipment certified as Year-Two-Thousand Certified? 9. Does the vendor propose to use Intel motherboards? 10. Did the vendor supply pricing for P300 and P400 computers? 11. Is the power supply a minimum of 230 watts? 12. Does the equipment provide two serial ports? 13. Does the vendor have facilities in Washington County? 14. Is the proposed equipment certified as "new"? 15. Does the equipment utilize PCI slot technology rather than integrated? 16. Will the vendor pass through future price decreases? 17. Is the equipment certified as Novell-compatible? 18. Did the vendor provide a telephone number and name of contact for maintenance calls? 19. Does the vendor propose using a Microsoft Mouse? 20. Is the proposed equipment FCC Certified and UL approved? In addition to ranking the vendors by response to ITB specifications, the bids were also ranked in order of price, with one being the lowest and nineteen the highest price. With a score of nineteen of possible twenty qualification points, and a price ranking of two of nineteen, the primary selected vendor is Caliber Corp. We have had a very satisfactory relationship with Caliber for three-plus years and would be satisfied to continue that relationship. With a score of nineteen of possible twenty qualification points, and a price ranking of five of nineteen, the secondary vendor is Tangent Computers. Tangent is a long time computer vendor and is listed on the State Contract as an approved vendor. With a score of sixteen of possible twenty qualification points, and a price ranking of ten of nineteen, the third selected vendor is Cascade Computer Maintenance. Cascade is our current maintenance vendor for our computers and our printers. They are listed on the State Contract as an approved computer vendor. With a score of fifteen of possible twenty qualification points, and a price ranking of two of nineteen, the fourth selected vendor is ABLE Computer. ABLE is located in Beaverton and is are listed on the State Contract as an approved computer vendor. We propose that the City of Tigard continue procuring desktop computers from Caliber Corp, except in the instance where they cannot fill requests in a timely fashion or cannot meet specific requirements, in which case we propose to use either Tangent Computers, ABLE or Cascade Computer Maintenance. Proposals - Ranked by Qualification Questions _ #1 #2 #3 #4 #5 #6 #7 #8 #9 #10 #11 #12 #13 #14 #15 #16 #17 #18 #19 #20 Total Price Caliber 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 1 19 $1,055 Tangent 1 1 1 1 1 1 0 1 1 1 1 1 1 1 1 1 1 1 1 1 19 $1,174 Cascade Comp 1 1 1 1 1 0 0 1 1 1 0 1 1 1 1 1 0 1 1 1 16 $1,299 Maint Able 1 1 1 1 1 1 1 1 1 1 0 1 0 1 0 0 0 1 1 1 15 $1,059 MicroAge 1 1 1 0 1 1 1 1 0 0 0 0 1 1 0 1 1 1 0 1 13 $1,532 Microtek 1 1 1 1 0 1 0 1 0 1 1 0 1 0 1 0 0 1 0 1 12 $1,009 Gateway 0 0 1 1 0 0 1 1 0 1 0 0 0 0 1 1 1 1 1 1 11 $1,459 Future Shop 0 1 1 0 1 1 0 1 0 V 0 0 0 1 0 1 0 1 0 1 10 $1,225 Computec 1 1 1 0 1 1 0 1 0 1 0 0 1 1 0 0 0 1 0 0 10 $1,469 RDI 0 1 1 1 0 0 0 1 1 0 0 0 1 0 1 0 0 1 0 1 9 $1,917 Key Computers 1 1 1 0 1 0 0 0 0 1 1 0 1 0 1 0 0 0 0 1 9 $1,057 CompuCom 1 1 0 0 1 0 0 1 0 1 0 0 0 1 0 1 0 1 0 1 9 $1,765 Alltek 0 0 0 0 0 0 0 1 0 1 1 1 0 0 0 0 1 1 0 1 7 $1,258 Entex 0 1 1 0 0 0 0 1 0 1 0 0 0 0 1 0 1 0 0 0 6 $1,854 Oregon Digital 0 0 0 0 0 1 1 0 0 1 0 0 0 0 1 1 0 1 0 0 6 $1,179 Precision 0 0 1 1 0 0 0 0 0 0 1 0 0 0 1 0 0 0 0 0 4 $1,104 GE Capital 0 0 1 0 0 1 0 0 0 0 1 1 0 0 0 0 0 0 0 0 4 $1,870 Main Business 0 0 0 0 1 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 2 $1,183 Sys Worldwide 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 $1,445 Proposals Ranked by Price 1 Microtek $1,009 2 Caliber $1,055 3 Key Computers $1,057 4 Able $1,059 5 Precision $1,104 Computers 6 Tangent $1,174 Computers 7 Oregon Digital $1,179 8 Main Business Sys $1,183 s 9 Future Shop $1,225 10 Alltek $1,258 11 Cascade Comp $1,299 Maint 12 WWW $1,445 13 Gateway $1,459 14 Computec $1,469 15 MicroAge $1,532 16 CompuCom $1,765 17 Entex $1,854 18 GE Capital $1,870 19 RDI $1,917 AGENDA ITEM # L4-5 b For Agenda of July 28, 1998 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Anoroval of contract with Springbrook Software for Utility Billing software upgrade PREPARED BY: Wayne DEPT HEAD OK CITY ADMIN OK - - ISSUE-BEFORE THE COUNCIL Shall the Council authorize staff to enter into a contract with Springbrook Software for Utility Billing software ? - STAFF RECOMMENDATION Staff recommends Council authorize staff to Contract with Springbrook. INFORMATION SUMARY The City is currently replacing all of it's Springbrook financial software with Springbrooks new windows and year 2000 compatible software. Funds were included in the 1998/99 budget for the replacement of the City's utility billing software which was used prior to the merger of the City and the District in 1993. The new Springbrook utility billing software will allow the City to upgrade many of it's utility functions including full integration to the general ledger, flexible utility bill layouts, full year 2000 compatibility, bar coding of utility bills and payments, and a variety of other enhancements. Because the City already has Springbrook software for it's other financial functions, Springbrook has offered a discount of $15,000 for the utility package which represents a 35% reduction in price. The total cost of the new utility billing package including training and conversion amounts to $46,400. Because the amount is over $25,000, the purchasing rules require Local Contract Review Board approval. The upgrading of the financial software at this time is due in part to the need to address the year 2000 concerns and to enhance the City's capabilities. We estimate the upgrade and conversion process to be completed by the spring of 1999. OTHER ALTERNATIVES CONSIDERED Keep existing utility billing software. FISCAL NOTES All necessary funds are appropriated in the 1998/99 adopted budget for this effort. Iv o i~ - Ay~~y>~a AGENDA ITEM # I D FOR AGENDA OF 7-28-98 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Consider Appointment of Jessica M Gomez and Elizabeth A. Newton as Deputy PREPARED BY: C. Wheatlev DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Appointment of Jessica M. Gomez and Elizabeth A. Newton as Deputy City Recorders for Citywide purposes while Catherine Wheatley, City Recorder, is absent. STAFF RECOMMENDATION Approve the proposed resolution. INFORMATION SUMMARY In order to have more staff members trained in the City Recorder areas of responsibility to support the City Council, the public and City Staff, the Administration Division has reorganized job duty assignments. Jo Hayes is currently the Deputy City Recorder. However, with the recent reassignments, Jo Hayes is now the primary support person for the office management function in the Administration Division. Jo is providing the majority of the support to Bill, Liz and Susan. Jessica Gomez, who works 20 hours a week in Administration, is being trained in areas of Council support and also assists Liz Newton with Citizen Involvement Team clerical support. Jessica will be cross-trained in areas where Jo Hayes was assisting with regard to Council meeting setup and follow-up. She is also learning about elections, public notices, calendars, tentative agendas, taking minutes and some of the clerical functions which need to be performed regularly. Cathy will be leaving for vacation on July 31 and will be returning on August 10. During that time, we will most likely have some election activity including certification of names for City Council or to follow through with "Notification of Nomination" forms. Liz and Jo have filled in for Cathy in the past under these circumstances. Staff believes it would be beneficial if Jessica could also have the ability to certify names on petitions and to perform those duties for which she has been trained in the City Recorder support areas. Therefore, staff proposes that Jessica also be named as Deputy City Recorder. I: ADM\CATHY\COUNCIL\DEPREC.DOC Options for homeowners to donate land... ' r)ntinnc fnr hrnrenwners to donate land -r - 1r,Citji.df:"~'igartl~ .2.Tualatin l=1ills Park'?°Recrea~i~~~~,~t~~€`. 10 per 1,000.00 of assessed value 1.5349 per 1,000.00 of assessed value Avg. taxable assessed Avg. taxable assessed value is $180,000 value is $180,000 (180 x .10 = $18.00) (180 x 1.5349 = 276.28) Avg. Total $ 18.00 Avg TOSaI $ hru ehoi , year ho usehold/year 'a^V 4)S£ l I T~ Castle Hill City Of Tigard CASTLE HILL AREA MAP AND LOT NUMBERS Drawn By: MC Date:11 10 97 Reviewed B : Date: y CASTLE HILL SUBDIVISION Approved By: Date: ct ZEE]: .;)AV 4)S£t options if homeowners are to own and maintain property 7 Midfrnum 2 With Some Extras 3. Maximum Lavm Mowing Lawn Mowing Lawn Mowing & Edging (5x yr @200) 1,000.00 (12x yr @ 200) 3,080.00 (weekly for 9 months) 13,860.00 Fertilization (2xtyear) 480.00 Fertilization (2x/year) 480.00 Fertilization (6x/year) 1,440.00 Liability Insurance 400.00 Liability Insurance 400.00 Liability Insurance 2,736.00 * Warning Signs for hill No Warning Signs 0.00 No Warning Signs 0.00 (6x $35.00) 210.00 * Path (Wood Chips) 1,000.00 • Path (Gravel) 2,500.00 * Path (Paved) 5,000.00 No Shrubs and trees • Some shrubs and trees ? • Some shrubs and trees ? Keep existing grass * Seed (lowgrade) 10,200.00 - Seed (highgrade) 17,000.00 * Fence (Cyclone) 7,150.00 • Fence (Cyclone) 7,150.00 • Playground Equipment 4,860.00 (Preschool) $3445.00- $6275.00 * Playground Equipment (King 4,610.00 Kong Series) $3199.00- $6021.00 * Benches (240.00 each)x3 720.00 * Irrigation System ? Water Bill ? Total $/year 1,880.00 Total $/year 3,960.00 Total $/year 23,036.00 Total $ household/year 9.84 Total $ household/year 20.73 .Total $ household/year 120.61 Total Capital 1,210.00 Total Capital 19,850 + ? Total Capital 34,340 + ? * Capital Outlay - $20, 000.00 available from Matrix Development Corp. to be used to build park. Obviously, option 3 exceeds the capital outlay, so this may not be an option. These estimates are high to reflect the maximum quotes received. • Approximately 3 months later we attended another Park Master Plan meeting and again we let it be known that we are asking the City of Tigard to take the free land and make it into a park before the land is sold. Why the land should become a Dublic park • The City of Tigard is currently working on a Park Master Plan with this property noted as a potential site. • There is a deficiency of parks in the west Tigard area • The City of Tigard is Growing • Other neighborhoods including the Bull Mountain area would benefit from this park such Hillshire Meadows, Hillshire Village, Morning Hill, Pebble Creek, Scholl's Creek, and Greenfield Village. • Property is adjacent to other property owned by City of Tigard including the Fern Street nature trail and abuts BPA powerline vacant land. • The Murrayhill Town Center Plan includes the Albertsons area and this piece of property. • Land is being donated by Albertsons. According to Earnie Platt, VP of Land Acquisitions for Matrix Development, says the land is valued at approximately $100,000.00 per acre. Don Morrisette is paying up to $150,000.00 per acre for single family residential. This land is designated as R-12 • $20,000.00 is being donated to assist in developing the land into a park • The donated land and money gives leverage for Tigard • Kids on the south side of Walnut Street would not have to cross a major roadway to go to another park (which is.8 tenths of a mile away). Rumor has it that Tigard is planning to construct SW Walnut Street to be to five (5) lanes. • Projects like these tend to pull communities together. If you, the Council, reject this donation, this land may be sold for residential development. Committee Short-Term / Long-Term Goals Our short-term goal is for the City of Tigard to accept Albertsons donation of land to ensure that the land will be used as a park and not any other type of development. Our long-term goal is to work closely with the City of Tigard to develop the park according to the City's Park Master Plan. Recommendation: I hope this information I have shared with you will help you make the right choice for our growing community by turning this piece of land into a neighborhood park. Donated Land Use Committee Castle Mill 7/28/98 Speaker: Michael Carmiencke, 13920 SW Liden Drive, Tigard, OR 97223 I would like you to think about how you can make a difference and on how this property would be best used for the future. I am here tonight to represent the Donated Land Use Committee for the Castle Hill Neighborhood and to talk about why the City of Tigard should consider the 3.95 acres behind Albertsons store to be used as a park. Background I first got involved with this project in October 1997, when a neighborhood committee was formed and called the Donated Land Use Committee. In our course of action we found that; • There are 190 single family homes in Castle Hill 1,2, &3. • In April 1997, a check for $20,000 was given to Homeowners of Castle Hill, by David Oringdulph of Matrix Development, for the Castle Hill neighborhood park development. • As of October 1997, the land had not yet been donated to the Castle Hill Neighborhood. • In November 1997, it was brought to our attention that although we have a Homeowners Association recorded at Washington County, the by-laws were not adopted in the proper time frame. Meaning ...we could not have a legal vote to take the donated land. • In January 1998, our committee discussed options for park area and related costs associated with each option. (Show slide and discuss further) • In Mid-February, our committee attended City of Tigard Park Master Plan meeting where we let it be known to City staff and consultants that we were serious about having the land be a park. eon AGENDA ITEM # 12 FOR AGENDA OF July 28, 1998 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE An Ordinance Amending the Community Development Code in its Entirety and The Tigard Comprehensive Plan. PREPARED BY: Dick B. DEPT HEAD OK ITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council adopt the attached ordinance to amend the Development Code in its entirety, as well as, amend the Tigard Comprehensive Plan to repeal established area and developing area policies, strategies and findings and to add the wording "consideration of to references for dedication of open space, floodplain and greenway land? STAFF RECOMMENDATION Staff recommends adoption of the attached ordinance with two minor changes: (1) reduce street connection requirements from 660 feet to 530 feet in Section 18.810.030.F. La.&b. to conform to revised Metro Functional Plan Requirements adopted May 13, 1998 and; (2) elimination of Section 18.760.040.C.2. requiring a 10% upgrading on alterations of non-conforming development. INFORMATION SUMMARY The Development Code revision process has been going on for approximately 20 months. The Planning Commission held a public hearing on the proposed code and plan revisions on June 15, 1998. The Commission recommended that the Council adopt the attached ordinance and code and plan revisions. The Commission did, however, ask that their concern with Metro Functional Plan requirements such as the 30 percent minimum density and maximum parking requirements be forwarded to the Council. The Commission recognizes the need to adopt the standards to bring Tigard codes into compliance with Metro but, nonetheless, hoped the Council could make progress with Metro to alter the standards outside of the code adoption process. The ordinance adopting the code and comprehensive plan changes (Exhibit "B") is attached. You have been previously provided a copy of the revised code which would be Exhibit "A" to this ordinance. Also, attached is the June 4, 1998 staff memorandum (Exhibit "C") and City Attorney's comments (Exhibit "D") reviewed by the Commission at its June 15, 1998 hearing. The December 16, 1997 summary of code changes (Exhibit "E") and how the ordinance incorporates the Metro Functional Plan requirements (Exhibit "F") is also attached. OTHER ALTERNATIVES CONSIDERED 1. Leave the code and plan as is. 2. Make other changes in the provisions prior to adoption. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY While not directly addressing vision and task force goals and strategies, these amendments will respond to vision directions, relative to community aesthetics, increased densities, infill and connectivity. FISCAL NOTES A streamlined development code will save administration costs, as well as, applicant costs. i:lcirywideV=\dcde.sum 6-]u498 5:19 PM AGENDA ITEM # 0 FOR AGENDA OF July 28, 1998 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Formation of Sani= Sewer Reimbursement District No. 10 ell, PREPARED BY: G.N. Berry0~~ DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Formation of a Sewer Reimbursement District to construct a sewer as part of the Neighborhood Sewer Extension Program. STAFF RECOMMENDATION That no action be taken on the attached resolution forming the reimbursement district. INFORMATION SUMMARY Following a public hearing conducted by City Council on June 23, 1998, Council directed staff to determine which owners in the proposed district supported the project. The public hearing was continued to the 28th of July to allow sufficient time for the resurvey of property owners. The attached example letter was used to survey all owners. The responses resulted in one owner expressing support for the project while two did not support the project. Consequently, forming the district is not currently recommended. OTHER ALTERNATIVES CONSIDERED 1. Direct that the resolution be revised. 2. Approve the reimbursement district. FISCAL NOTES Funding is by unrestricted sanitary sewer funds. i:%eng\gre&ewertlnez%reim 10s140c June 24, 1998 Tigard OR 97223 Subject: Proposed Sewer Dear: At it's June 23, 1998, meeting, City Council considered establishing a reimbursement district to provide you with sewer service as described in my letter to you dated May 6, 1998. As a result of that meeting, Council directed City staff to determine which of the three owners in the proposed reimbursement district currently support the project. To accomplish this, you are requested to indicated whether or not you support the project by circling "do" or "do not" at the bottom of the next page and returning it. You may use the enclosed copy of this letter for your response and return it in the enclosed addressed envelope. In making your selection, you may wish to consider the following. 1. You will not be required to pay a fee until you connect to the sewer. The fees will be as described in the May 6, 1998, letter. The estimated $8,330 reimbursement fee mentioned in the letter will be increased annually and will be discontinued after fifteen years. 2. The currently proposed project will only provide service to three houses at the intersection of SW 100th Avenue and Inez St. These houses could also be served as part of a larger project that would include installing a sewer in SW 97th Avenue and extending it to SW Inez St. This would require an easement for the sewer from SW 97th Avenue to the end of SW Inez St. This project is not currently being proposed because the owners that would be receiving service are not requesting service and the required easement is not available. Easements are typically obtained when the lots the easement is on is subdivided or otherwise developed. The owners of these lots have not expressed an intent to develop so the availability of the easement is unknown. 3. Having a sewer available may prove to be valuable even if there is no present intention to connect to it. For instance, if the drainfield of a septic system fails, connection to the sewer may be the only feasible remedy. In addition, mortgage companies sometime require connection to a sewer before approving a loan to purchase a house. If you have questions or require additional information, please call. Sincerely, Greg N. Berry Utilities Engineer Please enter response here. I (do) (do not) (circle one) support the currently proposed project to provide sewer service at SW 100th Avenue and Inez Street. Signed: Date: i:lenglgreplsewerVnezlreim i l.doc F' y 14525 SW 100TH AVE 9930 SW UtE2 ST 'I .(T.L 30 INEZ ST _ . 15525 ST9 100TH AVE I PRIVATE ST I 14570 My MOTH AVE I MCINITY MAP - - - - - - ~g LEGAL DESCRIPTION: PEMBROOK HEIGHTS LOT 1 (T.L. 301) I SIN 1/4 NV.1/4 SECTION 11 T2S R1W W.M. T.L. 400 ~ ~ - - ~ - - - - - PROPERTIES INCLUDED IN NE1/4 NVI 1/4 SLCTION 11 T2S Rl%V W.M. T.L. 2500 1 F77]REIMBURSEMENT DISTRICT I S69 PEMBROOX ST EXISTING SANITARY SEWER - PROPOSED SANITARY SEWER ~l-- - - - - - - EXHIBIT °'D" NOTE: ALL PROPERTIES IN THE REIMBURSEMENT DISTRICT ARE ZONED R-3a5 . ~"ri1i~~:.~~.i L.'.rl..~:.~~av..._W.i~b~&. YT-u .7<.Ci:L..Iio_.~:7y-x.. a5}A-.Y®1~~'}i •f,.~-~~-^ 'f•<<SF.s .u.y.~.W+JSU~.-~'~StT~ i• AGENDA ITEM FOR AGENDA OF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Gramor Oregon Inc Request to Use City Prope y for Frivate Wetlands Mitigtion PREPARED BY: Duane Roberts DEPT HEAD OK ~ CITY MGR OK ISSUE BEFORE THE COUNCIL Should Council allow Gramor Oregon to use city property for private wetlands mitigation? STAFF RECOMMENDATION Staff recommends Council approve the request subject to the conditions listed in the staff report. INFORMATION SUMMARY Gramor Oregon is in the process of redeveloping the PGE Western Service Division site located at the junction of SW Scholls Ferry Road and SW Murray Boulevard in Beaverton as a town center. As presently designed, the project will interfere with 9,200 square feet of wetlands associated with Summer Creek. In order to compensate for this interference, Gramor has developed a planting and mitigation plan utilizing native plant species. The proposed mitigation site is the city-owned greenway located immediately upstream of the city's 121 st pond project. In June, 1996, Council adopted a formal policy addressing the use of city property for private wetlands mitigation. The attached submittal from Gramor and Kurahashi and Associates fully responds to each of these criteria. The proposed mitigation plan is consistent with the Fanno Creek Watershed Plan and complements ai the city's proposed enhancement project along Summer Creek at SW 121st.. The appliaapf propose has been reviewed and endorsed by USA, the Friends of the Pond at 121st (the neighborhood resideti and the Friends of Summer Creek. The plan also has been reviewed by the Ope~ratioAS. 3epartment; 3 department responsible for maintaining city greenways, who have raised no objections to the installed enhancement. Matthew Grady, the town center project manager, will be present at the Council meeting 1 mitigation proposal and respond to any questions Council may have. Y 5 FY ~e Require the applicant to fund a portion of the city's 121st Avenue Pond project. The proposal addresses Growth and Growth Management Goal #1, which calls for protecting natural resources, and Urban and Public Services Goal #2, which calls for citizen education aimed at wetland protection. FTS At NOTES The value of the proposed enhancement is $90,000. The project will not obligate the city in any way. Any additional work and maintenance, including plant replacement, ordered by the Corps of Engineers or the Division of State Lands, will be provided by Gramor. i:\citywido\sum\g n- A L CITY OF TIGARD Community Development ShapingA Better Community MEMORANDUM CITY OF TIGARD TO: City Council FROM: Jim Hendryx DATE: 7/14/98 SUBJECT: Gramor Request to Use City Property for Private Wetland Mitigation Gramor Oregon has submitted a request to use city greenway along Summer Creek for the off-site mitigation of an upstream commercial project that will disturb 9,200 square feet of wetlands. The proposed mitigation site abuts the proposed city wetland enhancement at 121 st Avenue. The proposed Gramor enhancement covers approximately one acre and includes the removal of an existing area of Reed Canarygrass and its replacement with native riparian and wetland species. The plan also includes some minor grading to create shallow off-channel depressions that would flood in winter and retain some water into the growing season. The creek and depressions would be planted with shrubs to provide shading and temperature management. The proposed enhancement is similar in design to the immediately adjacent 4.5-acre off-line or oxbow city project. Long Range Planning, Engineering, and Operations have reviewed the plans for the project and recommend Council approval of the project as designed. Additionally, USA, The Friends of the Pond at 121st, and the Friends of Summer Creek all have endorsed the project. In June 1996, Council adopted a formal policy addressing the use of city property for private wetlands mitigation. The policy stated as follows. It is the policy of the City of Tigard that city owned property may be used for private wetlands mitigation. The City of Tigard will consider proposals for such mitigation on a case by case basis subject to the following: 1. It can be demonstrated that there is benefit to the city and the general public. 2. The mitigation must provide a documented physical enhancement of existing wetlands. 3. The city should be compensated for the use of the area either through rent, lump sum payment, benefit to the city, or as agreed to by the City Council. 4. The wetland mitigation should demonstrate no additional cost to the city for maintenance or other factors unless acceptable to the City Council. The Gramor proposal addresses these criteria in the following ways. The proposal calls for the removal of noxious vegetation located upstream of the city's 121st pond enhancement. This removal will reduce the chances of this undesirable vegetation infecting the native wetland meadows proposed for city construction at 121st. As such, the Gramor project compliments and extends the city-managed project. The mitigation under discussion clearly is a physical enhancement of the existing wetland. Replacement of the monotypic area of Reed Canarygrass by diverse native species, including Black Hawthorn, Red Alder, Mixed Willows, Creeping Spikerush, and Blue Wildrye, will improve the water quality and wildlife habitat value of the wetland and riparian area. The total cost of the proposed enhancement is $90,000. This cost is high, approximately double the per acre cost of typical wetland enhancement projects. The difficulties associated with the eradication of Reed Canarygrass accounts for the higher than usual cost. This high construction cost and the direct benefit provided to the city's downstream project adequately compensate for the use of city-owned greenway. As for the fourth and last criteria, the project will not obligate the city in any way. The initial project and any additional work and maintenance, including plant replacement, ordered by the Corps of Engineers or the Division of State Lands, will be provided by Gramor. Staff finds that the Gramor wetland enhancement proposal satisfies the criteria relating to the use of city-owned property for private wetlands mitigation and recommends Council approval of the applicant's request, subject to the following conditions: 1. The applicant shall obtain a city sensitive lands permit and all other necessary permits and approvals required for the work. 2. The applicant shall obtain a street opening permit issued by the city Engineering Department. The proposed approval conditions will protect the city's interest by providing for city oversight and inspection and for the bonding of the excavation portion of the work. June 17, 1998 City Council City of Tigard 13125 SW Hall Bouldvard Tigard, OR 97223 Attention: Duane Roberts, Community Development Department RE: Request For Approval To Conduct Wetland Enhancement on portion of 1 S 1 34 CB Tax Lot 3801 and portion of 1 S 1 33DA Tax Lot 7200 Dear Council Members: Gramor Oregon, Inc. is in the process of redeveloping the PGE Western Service Division site located on the northwest corner of SW Scholls Ferry Road and SW Murray Boulevard in the City of Beaverton. As stated in the attached proposal to enhance wetlands, we plan to fully redevelop the property under the upcoming Town Center plan and zoning designations. We have been searching for some time for an enhancement site within the Summer Creek watershed as enhancement on-site is not feasible, nor permitted by adjacent property owners. Duane Roberts of your staff has been instrumental in identifying a candidate site for enhancement which is situated immediately upstream of the City's Summer Creek at SW 121st Avenue wetland enhancement project (refer to location map). The extent of proposed improvements is sized approximately 0.93 acres. The acreage is split between two city owned tax lots as follows: ISI 34 CB Tax Lot 3801 0.88 IS 13 3DA Tax Lot 7200 0.05 Total: 0.93 We met with participants for the SW 121st project in May to understand if Gramor could play a useful role by complementing the City's efforts. Doug Gravatt of Friends of Summer Creek and Kendra Smith of the Unified Sewerage Agency (USA) both recommended that enhancement immediately upstream of the City's project would be highly beneficial. In particular, the removal of Reed Canarygrass and replanting of native species would protect further infestation of Reed Canarygrass in the new plantings undertaken by the City. Since the initial meeting, Gramor has met again with Kendra Smith and Doug Gravatt to review our current enhancement proposal which is attached for your consideration. 9895 S E SUN NYSIDE ROAD/ SUITE P / CLACKAMAS, OR 97015 / (503) 245.1976 FAX (5O3) 654.9188 We understand the city policy for use of city owned property for wetland mitigation is the following: It is the policy of the City of Tigard that City owned property may be used for private wetlands mitigation. The City of Tigard will consider proposals for such mitigation on a case by case basis subject to the following: It can be demonstrated that there is benefit to the City of Tigard and the general public. 2. The mitigation must provide a documented physical enhancement of existing wetlands. 3. The City should be compensated for the use of the area either through rent, lump sum payment, benefit to the City, or as agreed to by the City Council. 4. + The wetland mitigation should demonstrate no additional costs to the City for maintenance or other factors unless acceptable to the City Council. Each of the criterion is addressed below with a corresponding response: 1. It can be demonstrated that there is benefit to the City of Tigard and the general public. Response: The proposed Gramor enhancement property is city owned land serving as a drainage way and stream channel for Summer Creek. This particular area is immediately upstream from an enhancement project planned by the city. Preliminary cost estimates for city initiated 121St Avenue project are about $235,000, not including the preparation of final bid documents and construction administration. Enhancement of the additional land upstream from the city's project will benefit the City of Tigard and the general public: • The addition of nearly 1 acre of enhancement will enlarge the existing project from the current 4.5 acres to nearly 5.5 acres. • The removal of Reed Canarygrass and replanting of native species will drastically lessen the infestation of Reed Canarygrass further downstream in the city's planned project. This will retain the original planting efforts by the city. • Gramor's enhancement will be carried out at no cost to the city or the general public. • Gramor is committed to satisfying the state approving agencies monitoring requirements at no cost to the city or the general public. Request For Approval To Conduct Wetland Enhancement 06/17/98 Page 2 2. The mitigation must provide a documented physical enhancement of existing wetlands. Response: The proposed mitigation plan (attached) demonstrates physical enhancement on the subject site that complements the city's enhancement plans immediately down stream. The physical improvements will be documented in the form of plans and specifications prepared by consultants Kurahashi & Associates. The improvements will be carried out in conformance to the plans and specifications. A five (5) year monitoring program combined with a two (2) year maintenance and replacement program will provide further documentation that the physical enhancements are functioning as planned. 3. The City should be compensated for the use of the area either through rent, lump sum payment, benefit to the City, or as agreed to by the City Council. Response: Gramor is prepared to offer the proposed improvements and maintenance of such improvement as compensation to use the land for enhancement purposes. Gramor's offer is based on the fact that removal of Reed Canarygrass requires excavation of the root zone down to 12-inches and replacement of 6-inches of topsoil. This critical step is estimated to cost more than 50 percent of the entire $90,000 enhancement project. There is an inherent value in Gramor's enhancement because it serves to protect the city funded project from becoming infested with Reed Canarygrass, which has a tendency to overtake many other forms of vegetation, including those in the city's plans. Gramor is planning to construct this project at the same time as the city (subject to city and state agency approvals) thereby concentrating planting and equipment mobilization at one time instead of staggering two construction events. This is considered a benefit because the city and citizens will be subject to one construction time period for the entire area. 4. The wetland mitigation should demonstrate no additional costs to the Cityfor maintenance or other factors unless acceptable to the City Council. Response: Gramor's proposal includes payment for all land use and construction permits, plans and specifications, construction administration, removal of the Reed Canary Grass, importation of new topsoil, planting of native species, two (2) years of maintenance and five (5) years of monitoring. This will be undertaken at no cost to the City of Tigard or Tigard's citizens. Gramor believes the criteria is sufficiently addressed and the responses based on the proposed enhancement project meet the intent of each criteria. Request For Approval To Conduct Wetland Enhancement 06/17/98 Page 3 Support for the proposal is indicated in the attached letters from Kendra Smith of the Unified Sewerage Agency and from Doug Gravatt representing The Friends of Summer Creek. These two groups express positive support in canying out the enhancement plan. We look forward to meeting with you and informing the council about our request at your earliest convenience. Sincerely, Gramor Oregon, Inc. 1 W~W , 'v Matthew Grady, P Project Manager MG:ab Attachments: Vicinity Map Off--Site Wetland Mitigation, Kurahashi & Associates, Inc., June 9, 1998 Letters of Support cc: Frank Flynn/ Stoel Rives Brendt Davis/ Kurahashi & Associates tigcouncil Request For Approval To Conduct Wetland Enhancement 06/17/98 Page 4 V ~ Z S S r m Murray-Schools Town Center KURAHASHI OFF-SITE WETLAND MITIGATION & ASSOCIATES, INC. Civil Engineering a Water Resources VICInft~/ Map Landscape Architecture o Planning Gra = Crego^ k= Surveying 12800 S.W. 72nd Avenue, Suite 100 Tigard, Oregon 97223 prawn by' Date: 5/28/98 SHEET NO. of (503)988-1805 fax: (503)988-1105 Checked by: Scale: 1 " = 400' KAI# 1636 MLIRRAY-SCHOLLS TOWN CENTER Off-site Wetiand Mitigation PROPOSAL TO ENHANCE WETLANDS DOWNSTREAM OF SUMMER LAKE PARK June 9, 1998 Developer: Gramor Oregon, Inc. Consultant: Kurahashi & Associates, Inc. Attachments: Vicinity Map Sheets W2.01 and W4.01, Preliminary Wetland Mitigation Plan Wetland Mitigation Plant Schedule Copies of letters from the Unified Sewerage Agency and the Friends of Summer Creek Background Gramor Oregon, Inc. is developing a town center at the junction of SW Murray Boulevard and SW Scholls Ferry Road in Beaverton, Oregon. The project includes a restaurant pad located in the south side of Murrayhill Pond that will result in approximately 9,200 square feet of impact to a degraded wetland adjacent to the pond. In order to provide adequate mitigation for the proposed impact, Gramor has considered creating new wetlands associated with the pond, however, the property owner of the remaining pond frontage, the Murray Hill Home Owners Association, has not agreed to provide Gramor with any area for wetland mitigation. In cooperation with City of Tigard, the Unified Sewerage Agency, and the Friends of Summer Creek, Gramor has identified a need to enhance an existing wetland, owned by the City of Tigard, located on Summer Creek directly upstream of the City's ongoing Merlestone Pond Enhancement Project (see the Vicinity Map). At this site, the floodplain is dominated by Reed Canarygrass, and thus, is eligible for enhancement as wetland mitigation under State and Federal regulations. Enhancement Concept Gramor proposes to physically remove the existing mat of Reed Canarygrass and re-vegetate the entire area with native riparian and wetland species. The plan also includes some minor grading to introduce diversity in the topographic and hydrologic conditions on the site (see sheet W2.01). The grading would create shallow off-channel depressions that would flood in the winter and retain some water into the growing season. These depressions would be planted with emergent wetland vegetation. The creek and depressions would be lined with riparian shrubs to provide shading and temperature management. The existing forest edge on the southwest side would be re-vegetated with forested wetland plantings. The remaining wetland areas would be planted with a sparse, low shrub/scrub community. Additional plantings would be provided to enhance the wetland buffer on the southeast comer of the existing pedestrian bridge (see the sheet W4.01 and the Plant Schedule). This enhancement would improve the 0.88 acres of wetlands and 0.03 acres of buffer area that area currently in a degraded state. Monitoring Gramor intends to require a two year maintenance program in the planting contract and will be fully committed to completing the monitoring obligation that will be mandated in the Joint 404 DSL Removal/Fill Permit. Gramor will obtain agency approval for a monitoring program at the time of the permit application. MURRAY-SCHOLLS TOWN CENTER Access for Construction Off-site Wetland Mitigation Access for construction might be able to be timed with the construction of the Merlestone Pond Enhancement Project, assuming that the construction of both projects occur in the summer of 1999. Other access options include the existing trail easement and alignment off of SW Shoreview Place and/or crossing Summer Lake Park off of SW Lakeview Drive, the latter of which would be preferable from the stand point of the disturbance to existing park and trail facilities. Benefits to the City of Tigard • The project would extend the Merlestone Pond Enhancement Project to the eastern boundary of Summer Lake Park. • A potential source of Reed Canarygrass infestation that could threaten the success of the plantings for the Merlestone Pond Enhancement Project would be controlled. The replacement of a monotypic stand of Reed Canarygrass with native riparian and wetland vegetation would improve temperature management in Summer Creek. Gramor Oregon, Inc. June 9, 1998 HURRAY-SCROLLS TOWN CENTER Off-Site Wetland Mitigation PRELIMINARY PLANT SCHEDULE May 19, 1998 Plant Name Qty. per plot Unit Qty- Buffer Zone 1,281 sq. ft. 13 10 x 10 plots Black Hawthorn 1 2 gal 13 Red Alder 1 2 gal 13 Douglas Fir 0.5 6' 6 Serviceberry 1 1 gal 13 Sword Fern 2 1 gal 26 Forest Margin Zone 1,747 sq. ft. 17 10 x 10 plots Black Hawthorn 2 2 gal 35 Red Alder 1 2 gal 17 Lady Fern 2 .1 gal 35 Low Shrub Scrub Zone 13,919 sq. ft. 139 10 x 10 plots Douglas Spirea 2 1 gal 278 Clustered Rose 2 1 gal 278 Sawbeak Sedge 2 bareroot 278 Riparian Shrub Zone 13,700 sq. ft. 137 10 x 10 plots Mixed Willows 3 cutting 411 Red-osier Dogwood 2 cutting 274 Small-flowered Bulrush 2 tuber 274 Emergent Zone 5,375 sq. ft. 54 10 x 10 plots Creeping Spikerush 10 bareroot 1370 Small-fruited Bulrush 6 tuber 822 Slough Sedge 10 bareroot 1370 Veronica 6 bareroot 822 Seeding (Hydroseed) Rate (lb acre) Quantity % by wt Blue Wildrye 3.8 3.1 18 Northwest Manna Grass 2.7 2.3 13 Red Fescue 4.0 3.3 19 American Sloughgrass 6.5 5.4 31 California Brome 4.0 3.3 19 Total 21.0 17.4 100 0ei16i9a 13:29 FAX Boa 6403523 UNIFI£A sEMBF&O AGENCY IM 001/001 Uff) UNIgIED SEWERAGE WENCY OF WASHINGTON COiTNT'Y Date: h>aa 16, 1998 To: Duane Roberts, City of Tigard 5 0 Fromm Kerr a Sit, Unwed Sewerage Agency Ra: Murray.,chops Town Ceater Off Site Wetland. Mitigation Plan downstream of Summer Lskc I Have reviewed the proposed wer]and taidgadon plan for the above noted projace, The dwiPm have wcorporawd elements that are rondsteut with improving the water quality and white bab9at valge of tdtA resource. The plan is consistont with tbo i aten t of the Fanao C zek WatwSbCd Ddanag etu flan. and will cotnplbneat the proposed activh1w for the 121" pond silo. USA staff snvoort the wetland enhancement conwpt the desigmrs have presented for the sile. If you have questions regardin this project, fed fret to give me a ca at 8448118. Thank yvu. ec • i'-'l 4-4 C7ov- 'y, G r 7871 ~ Fay ties From ~ _ . WUSS :60 Qf „LT„ Nrlx~ssue Suite 270. MS 10 Phone: 8631648-RIb21 r~al~ ®!'116/H AR9R. T00/TOOIZ Qmil 30 16LIa L63L V99 COSIQ 82:80 SO/LT/90 To: Duane Roberts City of Tigard 13125 SW Hall Blvd. 'ngard, Oregon 97223 From: Douglas Gravatt Friends of Summer Creek 10665 SW Walnut Tigard, Or. 97223 684-2244 JUNE 15, 1999 I am writing this letter to let you know the Friends of Summer Creek Is in support of the off site mitigation project being proposed by Gramor Oregon Inc. It is my opinion the mitigation project located downstream of the Summer-Lake retention weir wilt help enhance wetland habitat and water quality conditions in Summer creek. I also believe this project is a great extension to work being developed by the city of Tigard. for the pond at 121 street. I do feel it would be best for the environment if these two projects could be coordinated and scheduled at the same time. i understand this may not be possible but still feel both projects are important and will be beneficial to water quality. The friends of Summer Creek supports this project and are looking forward to the projects completion- Sincerely, Douglas Gravatt Friends of Summer Creek Wtib0:60 86. Lt Nnr Z00/Z00la Moil 90 UIJ LOU M C041o 60:60 88/Li/90 ~ ~ , ....y ~`z,. a ~ ~ ~ sus ~a~~~~~ ,•~~o r~u~ ~~s'.~~ ~'~i , ~ _~':w~:.~ ~ ~ ~ TIES MIA IM 3 LIM FIR DO. 0 O OMM IS Dda W IF M fCtlBAtl a MFLIMM M DFMIATSI W M 0 K M WET MUMM EXMIMN AD VWDT8 IF IIS I A" uw ~ nil, MIR;i M, A NFLDID( IrK wm III if To Muhl aunt To w 4B. MUPFER ZONE RIPARIAN SHRUB ZONE csnMC scMZ r" L LOW SHRUB SCRUB ZONE / H r=OREST MARGIN ZONE s u Tr,,.~, a ii LM-l EMERGENT ZONE - IAIMTM EC 04! aaetr. Tr u!CS AFFMMMAM u a n v v vvv vvv vvv ~ 77,77 vvv . vvav vvv z 0 - vnv! ~ vv v f M . f f ` 44 f \ KUR 5I3I aTC. \ ~rx an~aaetm. ma x.mrrzm + a urr w m~m.cmea. nsem / waarae it ~ ~ iw r ~ i -rm-ux ' ` f ~'NIh1'NA f PLAN } f r~ ~ r E• LO !D n t! m L f~ co rn C7 N m Ln m 0 m 0 C 7 7 0] I- O N LO rn lD ro m i i E