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City Council Packet - 10/12/1999TIGAR CITE( COUNCIL MEETING OCTOBER 12, `I999 N COUNCIL MEETING WILL E TELEVISE J:Wmyo%ccWl.doo 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 11 Revised 10.07-99 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639.4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639.4171, x309 (voice) or 684.2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - OCTOBER 12,1999 - PAGE 1 TIGARD CITY COUNCIL MEETING October 12,1999 AGENDA 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 those present may disclose nothing from this meeting. Representatives of the news media are allowed to atiena Al is session, but must not disclose any information discussed during this session. > REVIEW TENTATIVE COUNCIL MEETING AGENDAS 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roli Call 1.3 Pledge of Allegiance 1.4 Council Communications 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. PROCLAMATION: DESIGNATE OCTOBER AS BREAST CANCER AWARENESS MONTH ® Mayor Nicoli 7:40 PM 3. VISITOR'S AGENDA (Two Minutes or Less, Please) 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 Council Minutes: August 17,1999 4.2 Receive and File: a. Council Calendar b. Tentative Agenda C. Canvass of Votes - September 21, 1999 Election 4.3 Approve Appointment of Mike Benner to the Budget Committee - Resolution No. 99-- 4.4 Local Contract Review Board: Award Bid for the Purchase of a BK-250D Crack Sealing Machine to Special Asphalt Products 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. COUNCIL AGENDA - OCTOBER 12,1999 - PAGE 2 7:55 PM 5. PRESENTATION: STATE OF OREGON READY-TO-READ GRANT OUTSTANDING PROJECT AWARD Staff Introduction: Library Department 8:10 PM 6. CONSIDER ADOPTION OF OREGON SPECIALTY CODE, APPENDIX, CHAPTER 9, SECTION 14 (Fire Life Safety in High Occupant Buildings) a. Staff Report: Community Development Department b. Council Questions and Discussion C. Council Consideration: Ordinance No. 99- 8:20 PM 7. PRESENTATION ON PHOTO RADAR IN THE CITY OF TIGARD a. Staff Report: Police Department b. Council Questions and Discussion 8:40 PM 8. UPDATE ON SEWER REIMBURSEMENT DISTRICT PROGRAM a. Staff Report: Engineering Department b. Council Questions and Discussion 9:00 PM 9. CONSIDER NOMINATION OF REID IFORD TO THE TUALATIN COMMUNITY ACCESS BOARD a. Staff Report: Administration Deparinlent t:.. Council Questions and Discussion 9:10 PM 10. LOCAL CONTRACT REVIEW BOARD: CONSIDER CONTRACT AMENDMENT WITH CENTURY WEST ENGINEERING CORPORATION FOR GAARDE STREET IMPROVEMENTS - PHASE a. Staff Report: Engineering Department b. Council Questions and Discussion C. Council Consideration: Motion to approve the contract amendment to add right-of- way acquisition services for the improvements on Gaarde Street - Phase 1 (from Walnut Street to the northerly boundary of the Quail Hoibuw Subdivision) 9:20 PM 11. COUNCIL LIAISON REPORTS 9:30 PM 12. NON AGENDA ITEMS COUNCIL AGENDA - OCTOBER 12; 1999 - PAGE 3 9:40 PM 13. 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 those present may disclose nothing t''.Is meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 10:00 PM 14. ADJOURNMENT I:\AD M\CATHY\CCA\991012. DOC H ~m H COUNCIL AGENDA - OCTOBER 12,1999 - PAGE 4 Agenda Itern No. 31 1- TIGARD CITY COUNCIL Meeting ,)f i L~ C MEETING MINUTES - OCTOBER 12, 1999 • S'T'UDY SESSION > Meeting was called to order at 6:30 p.m. by Mayor Jim Nicoli > Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Joyce Patton, and Ken Scheckla. > Staff Present: City Manager Bill Monahan; City Recorder Catherine Wheatley; Public Works Director Ed Wegner; Community Development Director Jim Hendryx; City Engineer Gus Duenas; Legal Counsel Tim Ramis; Assistant to the City Manager Liz Newton; Library Director Melinda Sissons o Bill Monahan, City Manager, noted the upcoming League of Oregon Cities conference. > WALNUT ISLAND Jim Hendryx, Community Development Director, reported on the annexation meeting held Monday for the Walnut Island residents. He presented the draft flyer that staff planned to send to the residents advertising the next meeting on Monday, October 25. He noted that it would be beneficial if Councilors attended the meeting. Mr. Hendryx reviewed the presenters at the first meeting. He stated that staff logged all questions asked; they answered those that they could and told the residents that they would answer their other questions at the next meeting Mr. Hendryx presented a tax table that compared the estimated taxes on a $150,000 home in City of Tigard (Area 2374), Unincorporated County (-Area 2374), and Unincorporated County (Area 5178). Mayor Nicoli noted that it would cost the owner of a $150,000 home $272 in taxes to annex to the city. Mr. Hendryx said that he was still working on the impact on taxes of the Tigard road bond debt coming off in June 2000 and a Washington County local improvement district. Mr. Monahan said that the residents made comments that indicated they thought that the County paid Tigard for providing police service to the island. Washington County Administrator Charlie Cameron was at the meeting and advised the residents that, while Tigard delivered the service, the County did not pay anything to Tigard. Councilor Scheckla asked if staff knew how many residents were interested in hooking up to sewer. Mr. Hendryx said that he did not know but pointed out that Walnut Island was the largest concentration of homes without sewer in Washington County. Mr. Monahan mentioned that the residents appeared very interested in the City's sewer reimbursement district program. He suggested discussing the program with respect to what the City intended to offer to residents newly annexed. Councilor Moore mentioned that there were long term taxpayers in Tigard who were also unsewered. Mr. Monahan pointed out that staff was reducing the number of existing residents without sewer through the sewer reimbursement program. Councilor Hunt noted that newly annexed residents would pay for bonded indebtedness that they did not occur. He spoke to treating all Tigard citizens the same, regardless of when they annexed into the City. CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1999 - PAGE 1 Councilor Scheckla asked how staff would handle a situation in which all the Walnut Island residents wanted to hook up at once. Gus Duenas, City Engineer, explained that the sewers ~.,ed to be installed logically based on the location of existing service. Councilor Scheckla asked that the residents be informed of that up front. Mr. Hendryx reviewed the notice area, including ancillary islands on Bull Mountain outside of the Walnut Island. He said that staff was preparing to take in all the islands. He noted that the Metzger area was not an island. He stated that staff intended to review the next steps in the annexation process at the October 25 meeting. In response to a question from Councilor Hunt, Mr. Hendryx said that staff was not recommending annexation of areas in Metzger and referred to Council's direction to concentrate on the Walnut Island and the ancillary islands. Mr. Hendryx reiterated that the City could not compel the annexation of the Metzger area because the City boundaries were only on three sides, not on four. ® Ed Wegner, Public Works Director, discussed the Atfalati feasibility study meetings scheduled for October 25 and November 10 in the Commons at Tigard High School. He confirmed that the Task Force invited all elected officials from the six jurisdictions (Tigard, Sherwood, Durham, Tualatin, and the two school districts) to attend both meetings. He said that they set the October 25 meeting as the general public information and input meeting and the November 11 meeting as a governance workshop for the elected officials. Mr. Hendryx noted that Tualatin changed its mind about joining the study last night. > SW 69`n LID Councilor Patton asked if the Council would have a study session on the SW 690' LID with respect to the Jones letter. Mr. Duenas distributed the preliminary assessments from the preliminary engineering report for the SW 69"' LID. He mentioned that the City did contribute $200,000 to the LID but the Council decided that there would be no exceptions made with respect to the assessments for single-family residential properties within the LID. He commented that the best use of the land was commercial. Mr. Duenas reviewed the work done by the City for the single-family homes, including the conversion for the underground power hookup and installing two paved driveways (normally resident costs). He mentioned construction manager Martin DeHaas' comment that the residents would take as much as the City would give them. He noted the construction of the keystone wall and the attempt to save as many trees as possible. Mr. Duenas reviewed the methodology used to calculate the assessments. He pointed out that the $200 per lineal foot figure was not out of line with the costs of installing the half street improvements that would be required of the property owner once he developed his property. He noted the property with a double street frontage. He cited Tim Roth's comments that full street improvements in the Triangle cost him $600 per lineal foot. Mr. Duenas confirmed to Councilor Patton that the City installed the portion of the undergrounding of the utilities from the street to the house, normally a resident cost. Mr. Duenas mentioned that the owners of one of the single-family residences have not complained at all and were happy with the construction. He said that Cecil and Donna Jones, the other property owners, testified before Council and asked for special consideration. He CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1999 - PAGE 2 indicated that Martin DeHaas told the Jones at that time about a State program for senior citizens under a certain income level. Councilor Moore asked what the cost was for the improvements installed by the City. Mr. Duenas estimated a cost of $5,000 to $10,000. He explained that landscaping costs listed for the single-family residence were that property owner's share of the landscaping costs throughout the entire LID. Councilor Scheckla pointed out that the Jones have lived in the area for a long time and had not wanted the LID. He emphasized that most of the property owners in the LID were businesses, not single-family residential. Councilor Moore commented that the LID improvements also made the single-family residential properties more marketable and valuable in the long run. Mayor Nicoli concurred that the LID did not hurt the homeowners financially in the long nin. Councilor Patton noted that the Jones acknowledged the increased value of their property but they felt that the LID assessment was too much. Mr. Duenas referred to negotiations with the Joneses. Councilor Scheckla spoke to giving the homeowners some relief somehow. Mr. Duenas said that that other options were to reduce the homeowners' assessment and assign the difference to the other LID participants or to have the City pick up the cost. Councilor Moore expressed concern about setting a precedent. Councilor Hunt indicated that he did not favor a redistribution if the existing assessments reflected a logical distribution of the cost. Councilor Scheckla asked if the Joneses could appeal and hold up the process. Mr. Duenas said that the Joneses could question the final assessment. He indicated that they did need to pay their fair share based on their area and frontage, the same as the other properties. He said that he did not think that they would contest the assessment on that basis but they could request special consideration from the Council. He pointed out that the Joneses could sell their property after the completion of the LID and realize the profit. Mayor Nicoli concurred. Councilor Scheckla asked if a 20-year assessment went with the property if it sold. Mr. Monahan indicated that a usual condition of sale was paying off an assessment at the time of the sale. > DOWNTOWN PARKING Councilor Hunt asked for discussion by the Council on making the Ash Street property into public parking for the downtown. Mr. Monahan explained that the City leased the Conner house to Neighborshare and Community Partners for Affordable Housing on a one year lease. He said that staff was working on moving some Public Works staff out to the Keefer house as an alternative to demolishing it. Councilor Hunt pointed out that the downtown merchants would have a difficult time finding any additional parking in the downtown. He reiterated his request to discuss turning the property into a city parking lot. Councilor Moore suggested asking the Oregon Downtown Development Association for its assessment of the usefulness of a parking lot two to three blocks away from the main downtown street. CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1999 - PAGE 3 Mr. Monahan concurred with talking with the downtown merchants. He commented that, in the long term, an Ash Street parking lot might make sense but right now the Chamber parking lot on Main Street was underutilized and there may not be a need currently for additional parking further away. Councilor Hunt disagreed with discussing this with the downtown group before the Council discussed it. He indicated concern that this could be perceived as an offer for additional parking and then the Council might decide that it did not want to provide parking at that location. Mr. Hendryx pointed out that the downtown merchants have parking listed as a priority. He suggested including the Ash Street property as one of the options when the merchants reviewed parking within the context of the entire downtown. Councilor Moore spoke to finding out from the merchants how far away parking would be considered usable for the Main Street area. If they said no more than one to two blocks away, then the Council did not consider the Ash Street property. If the merchants said that they would consider anything two to three blocks away, then the Council could consider the property. Councilor Hunt mentioned employees using the Ash Street property for parking to free up downtown spaces. Mr. Monahan said that staff would bring this back for discussion at the November workshop. > EXECUTIVE SESSION The Tigard City Council went into Executive Session at 7:03 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. > Mayor Nicoli adjourned the Executive Session at 7:35 p.m. 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board Mayor Jim Nicoli called the meeting to order at 7:40 p.m. 1.2 Roll Call Councilors Jcyce Patton, Ken Scheckla, Paul Hunt, Brian Moore and Mayor Jim Nicoli were present. 1.4 Council Communications: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. PROCLAMATION: DESIGNATE OCTOBER AS BREAST CANCER AWARENESS MONTH Mayor Nicoli stated that he would sign the proclamation later this evening. 3. VISITOR'S AGENDA o Jack Polans, 16000 SW Queen Victoria Place, Icing City CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1999 - PAGE 4 Mr. Polaris read from a prepared statement. He asked if Mr. W egner's statement to the Intergovernmental Water Board that the drinking water for all Tigard contract jurisdictions would be combined was true. He asked the Council to provide him with a copy of the September 27, 1999, Tigard Winer District Board of Commissioners meeting agenda. Councilor Hunt stated that he informed Mr. Polaris that the City had no authority over the Tigard Water District and could not provide him with any of the District's documentation. Mayor Nicoli confirmed that the City had no authority over the District. He asked Mr. Polaris to submit his first question in writing for staff to answer. Cecil .Tones, 12190 SW 69`n Avenue Mr. Jones referenced his letter. He stated that he was disappointed that the Council did not do something for the two homeowners in the SW 691h LID. He argued that the City pushed through Beveland Street for the benefit of the developers in the area, particularly Specht Development. He held that the improvements to Beveland Street had nothing to do with the homeowners on SW 69"' Street and did not add value to their properties. He noted that the homeowners had no way of recouping the costs of the LID as the developers did through their leases. Mr. Jones stated that the assessment for the 8,500 square foot single-family lots was over $50,000. He asked why the Council did nothing for the homeowners. He cited his conversations with the developers in which the developers indicated their surprise that the City did nothing for the homeowners. He said that the developers had expected that they would have to pick up some of the homeowners' costs. He emphasized that this was a tough situation for the homeowners. Mayor Nicoli mentioned the Council's lengthy discussion of Mr. Jones' first request for relief. He said that the Council reached a decision. He discussed the Council's concern with the issue of fairness. He stated that the Council felt that the City treated the homeowners fairly along with the other neighbors on the street. He said that to do something different for the homeowr_e. s would be unfair to the rest of the neighbors. Mayor Ni.:oii ;,mphasized that the Council did not ignore Mr. Jones' concerns. He stated that they did not dispute the fact that their decision might create a hardship for the homeowners. He suggested that Mr. Jones' request was to effectively ask the Council to treat the other people on the street unfairly. He said that the Council was not prepared at this time to take action on Mr. Jones' request. Mr. Jones stated that he did not object to paying for the improvements to SW 69`h Street itself. He argued that the improvements to the cross streets included in the LID were solely for the benefit of the businesses who could recoup the cost of improving the cross streets. He reiterated that the homeowners had no way to recoup those costs. He said that if more single-family residences existed on those cross streets, the City would not have been able to include them in the LID because of the backlash from the residents. Mr. Jones advised that to ask the two single-family residences to pay for the cross streets was unfair. He pointed out that Beveland Street was three blocks from his home and added $500,000 to the cost of the LID. He reiterated that the Beveland Street improvements provided no benefit to the single-family residences. CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1999 - PAGE 5 Councilor Scheckla asked how the Jones ended up in the LID. Mr. Jones said that they lived on SW 69th Street. He noted that Specht Development bought up all the land west of SW 69m and formed the LID. He said that Specht made no attempt to buy his property. He mentioned that Specht informed him that his property was worth $12 a foot or $102,000 for his property. He pointed out that the LID assessed him $30,000. Councilor Moore mentioned that, according to staff, the City was paying for the Beveland improvements with the $200,000 it contributed to the LID. Mr. Jones held that those improvements would cost more than $200,000. Councilor Moore said that the final assessment figures were not yet in. He indicated that Mr. Jones could return, to discuss the final assessment with Council after the project was completed. He pointed out that if Mr. Jones were to install the half-street improvement along his frontage himself, his costs would be higher than $30,000. He characterized the proposed assessment as a savings in the long run. Mr. Jones argued that usually people paid for the improvements at the time they developed the property. Those improvements were not typically made in front of residences. Mr. Jones conceded that there would be savings down the road. He reiterated that he was willing to pay his share of an LID formed on SW 69'h Street because he knew that would increase the value of his property. He pointed out that most LIDs were formed on one street and did not include the cross streets. He argued that the City included Beveland, Franklin, and Elmhurst in the LID for the benefit of Specht Development. He reiterated that improving Beveland Street did nothing for his property yet he had to pay a share of its costs. Councilor Moore said that street improvements in the area benefited everyone in the area. He held that a developer would see the improvements as providing the access he needed for his business. Mr. Jones reiterated that the businesses could recoup their costs but the residents could not. He commented that, although he believed that the City would like to see the residents out of the area, until someone could buy his house and provide him with a house of equal value, he had to stay there. He held that he would be stuck for the $250 payment for the rest of his life. e Linda Nilson, Washington County Ms. Nilson thanked the Mayor and the Council for responding so quickly to the Mayors' Campaign Against Breast Cancer with the proclamation this evening. She mentioned the County's breast and cervical screening program for women without health insurance. She cited the 1997 preliminary statistics (indicating a 50% increase in the rate of cancer detection and a slight decrease in the death rate) as evidence that early detection did save lives. She mentioned the community education partnership they had with the Tigard Library as part of the Washington County Cooperative Library Services. 4. CONSENT AGENDA Motion by Councilor Scheckla, seconded by Councilor Lunt, to approve the Consent Agenda. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [5-01 CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1999 - PAGE 6 4.1 Approve Council Minutes: August 17, 1999 4.2 Receive and File: a. Council Calendar b. Tentative Agenda C. Canvass of Votes - September 21, 1999, election 4.3 Approve Appointment of Mike Benner to the Budget Committee - Resolution No. 99- 69 4.4 Local Contract Review Board: Award Bid for the Purchase of a Bk-250D Crack Sealing Machine to Special Asphalt Products o Mayor Nicoli introduced Mike Benner, newest appointee to the Budget Committee. 5. PRESENT ATION: STATE OF OREGON READY-TO-READ GRANT OUTSTANDING PROJECT AWARD Mary Kay Dahlgreen, State Library Youth Services Consultant, discussed the State `Ready- to-Read' grant program. She said that the legislature has gradually increased the funding for this program from 50 cents per child in 1993 to $1.00 per child in 1999. She indicated that the State Library chose six projects out of the 120 projects funded in 1997/98 as outstanding projects, including the Tigard Public Library's Ready-to-Read grant project. Ms. Dahigreen stated that the Tigard Public Library received a $5,438 grant to provide deposit collections at two low income housing sites run by Community Partners for Affordable Housing. She indicated that the Tigard Library staff should be proud of their success in creatively enhancing library services and in creating partnerships and programs that would have a positive impact on Tigard in the years to come. Ms. Dahlgreen acknowledged Melinda Sisson, Library Director, and Renita Gerard, Community Partners for Affordable Housing. On behalf of the Oregon State Library, she presented the Tigard Public Library with an Outstanding Project Award for the Ready-to-Read grant program for 1997/98. Mayor Nicoli thanked the staff for their work. 6. CONSIDER ADOPTION OF OREGON SPECIALTY CODE, APPENDIX, CHAPTER 9, SECTION 14 (Fire Life Safety in High Occupant Buildings) STAFF REPORT Gary Lampella, Building Official, stated that Tualatin Valley Fire & Rescue, in conjunction with the Oregon Buildings Official Association, developed this section of the Code relating to fire sprinklers in apartments, motels, hotels and congregate residences. He explained that the State made adoption of this section optional for cities. He reviewed the criteria given in the section for requiring fire sprinklers in new construction. He stated that TVF&R has found over the years that sprinkler systems did save lives and property damage. He asked the Council to adopt the section. Councilor Scheckla asked what happened to the buildings built before the adoption of this section. Mr. Lampella stated that the Building Division only had authority over new construction; he could not require retrofitting of older buildings. He estimated the percentage of buildings in Tigard that were apartments at approximately 50%, similar to Wilsonville and Beaverton's estimates. Mr. Hendryx confirmed that Tigard had around 50% of its buildings in multifamily units. I:e said that he could bring back more exact figures at the next Council meeting. CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1999 - PAGE 7 COUNCIL QUESTIONS AND DISCUSSION Councilor Scheckla asked staff to track the number of fires in the older apartment buildings in the past to provide justification for adopting this provision. Mr. Lampella said that TVF&R had statistics on previous fires and sprinklered buildings. Mr. Lampella clarified to Councilor Scheckla that this section became law in Oregon only for those jurisdictions that chose to adopt it. He explained that the State put those portions of the Code that did not have statewide applicability in the appendix chapters and allowed individual jurisdictions to adopt them as they saw fit. He cited the Grading chapter as an example, noting that Pendleton did not have the excavation and grading problems that the Portland area did. Mayor Nicoli pointed out that a sprinkler system did not reduce the number of fires; it reduced the amount of property damage and gave people more time to get out. He said that this provision came about as a result of the Washington County Fire District's Board of Directors going to the legislature and asking for this to be set up. He characterized adoption of the chapter as the final step implementing an idea that he had supported when he first heard about it. Councilor Moore asked what the reaction of the Homebuilders Association had been to this provision. Mr. Lampella said that the Homebuilders had some concerns but there was not much opposition. Mr. Hendryx pointed out that the Homebuilders concerns focused on the increased costs of additional regulations. Mr. Lampella mentioned the cost reduction measures TVF&R was working on to help offset the cost of a sprinkler system. Councilor Scheckla commented that a fire sprinkler system could reduce insurance rates also. Jeff Greenwald, Tualatin Valley Fire & Rescue Fire Marshall, explained that retrofitting buildings require a different mechanism than they intended to create through this section. He characterized these regulations as "drawing a line in the sand" at a point in time in order to stop an existing problem (lack of fire protection in low-income housing) from continuing on into the future. He observed that the apartments built today became low income housing in 30 years. Mr. Greenwald stated that the fire death rate over the last five years has occurred almost exclusively in multifamily housing. He pointed out that the unique environment in apartments meant that your neighbor's fire was your fire also, whereas a single-family residence could escape a fire next door. Councilor Scheckla asked if the commercial buildings had a different policy on fire protection. Mr. Greenwald said that the Uniform Building Code required commercial buildings to be sprinklered at different heights and square footages than multifamily buildings. Motion by Councilor Moore, seconded by Councilor Hunt, to adopt Ordinance 99-27. The City Recorder read the number and title of the ordinance. ORDINANCE 99-27, AN ORDINANCE ADOPTING OREGON STRUCTURAL SPECIALTY CODE, APPENDIX CHAPTER 9, SECTION 914, GROUP R, DIVISION 1, OCCUPANCY FIRE SPRINKLER REQUIREMENTS. Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [5-0] CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1999 - PAGE 8 7. PRESENTATION ON PHOTO RADAR IN THE CITY OF TIGARD Mayor Nicoli noted that this was staff's second presentation to Council on this issue. STAFF REPORT Police Chief Ron Goodpaster asked for Council authorization to proceed with developing a plan to implement photo radar in the City of Tigard. He reviewed the history of photo radar in Oregon, beginning with the state legislature's authorization of its use by Portland and Beaverton. He said that the legislature added four cities to the list of authorized cities in 1999, including Tigard. He mentioned that the citizens on the 1996 Tigard Traffic Calming Committee recommended photo radar as one method for achieving the goals of speed reduction, accident reduction and maintaining neighborhood livability. Chief Goodpaster reviewed the statistics from Portland and Beaverton documenting the benefits of using photo radar. He mentioned that a 1997 law regulating photo radar was very specific on when, where and how cities could use photo radar. Chief Goodpaster stated that other cities around the US who used photo radar emphasized to the Tigard staff the importance of community education and public relations both before and during the photo radar program. He commented that keeping the public informed about a successful photo radar was in and of itself a deterrent to speeding in neighborhoods. Chief Goodpaster mentioned that the 1999 legislature also authorized .five cities to use photo red light, including Tigard. He said that they wanted to get the photo radar program up and running before they tackled the photo red light program. He discussed using the experience of other cities with photo radar, such as Portland and Beaverton, in order to avoid the mistakes and problems those cities encountered during the set up of the Tigard program. He pointed out that, with Portland and Beaverton set to implement photo red light in a two to three months, Tigard could also have the benefit of those cities' experiences with photo red light when it came time to set up the Tigard program later on. Sergeant Karl Kaufman, Traffic Officer, reviewed the regulations governing the use of photo radar. He said that it could only be used on residential streets, school zones, and other streets as designated by Council (including Durham, Walnut, Hwy 99, Hall Blvd, and Scholls Ferry) but not on controlled access highways, such as Hwy 217 or I-5. It could not be used for more than four hours in any one location. A uniformed officer (including reserve) had to operate the van and equipment. The van had to be marked as a photo radar van but did not have to have the red lights. Sergeant Kaufman stated that the required reader board showing the speed of the approaching vehicle was built into the back of the van. He mentioned the requirement to post signs on major routes entering the city notifying drivers that the city used photo radar, and to post a sign near the van notifying drivers that photo radar was in use at this location. Sergeant Kaufman reviewed the operation of the equipment by the uniformed officer. He indicated that the officer kept a log of all photos taken. He described the vendor process to review the film using two people, one to correlate the photo with the officer's log and to input the data, and another to confirm the information and to access the motor vehicle registration database. He said that they presumed that the registered owner of the vehicle was the driver of the vehicle but in the case of discrepancies (such as female driver, male registered owner), they did not issue the citation. CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1999 - PAGE 9 Sergeant Kaufman said that they had to mail the citation with six days of the alleged violation. The registered owner had 30 days to present a Certificate of innocence, affirming that he/she was not the driver at the time, and to provide a copy of the owner's drivers license. He :,xplained that businesses receiving citations also had 30 days to provide the name of the employee driving the vehicle at the time of the alleged violation. They then canceled the business citation and issued a new one to the employee. He said that the penalties for speeding violations documented by photo radar were the same as for those cited by an officer. Sergeant Kaufman reviewed the areas where the department would like to use photo radar, including hilly areas (such as Hillshire, Benchview, Ascension Drive) where they could not operate motorcycles, SW Walnut where the speed changed from 30 to 35, certain areas on SW 121 and SW 135, and all school zones. Chief Goodpaster reviewed the financial issues of photo radar. He said that the private vendor made his money based on a percentage of the fines collected. He explained that they would negotiate the percentage split as part of a contract custom-fit to Tigard's needs. He mentioned that each city had a unique contract with the vendor. He emphasized that the City did not pay the vendor; the violator paid for the program through the fine system paid into the court. He confirmed to Councilor Moore that the City funded the uniformed officer manning the equipment and the usual court expenses. Nadine Robinson, Court Administrator, stated that presently they were reviewing the staffing level they would need to handle the increased court case load and paperwork resulting from this program. She mentioned possibly upgrading the computer to take the information directly from the vendor over the Internet, thus avoiding duplicate data entry. She said that they would bring back information on space concerns and court room availability to the Council at a later date. COUNCIL QUESTIONS AND DISCUSSION Councilor Scheckla asked for information regarding the cost benefit of photo radar to the City, including whether or not it would be a revenue maker. Chief Goodpaster said that photo radar was not a money maker. It had expenses attached to the program, including the uniformed officer's time. He mentioned that Portland subsidized their program and Beaverton claimed a modest surplus (but he did not know if Beaverton included all expenses related to the program against the revenue). Chief Goodpaster emphasized that it did take money to run the program. Any revenue went back into the general fund and needed to be allocated to cover those expenses. He said that staff would research the program costs and provide the Council with the best cost estimate figure possible before Council decided whether or not to accept the contract bid. He concurred with Councilor Moore that staff was asking for direction to implement the planning of the program development; and that staff would return to the Council for final approval. Councilor Scheckla asked if the City or the vendor picked up the liability for vandalism of the equipment, citing the incident in Beaverton. Chief Goodpaster clarified that it was the Beaverton unmanned radar trailer with the reader board (not the manned photo radar van) that was vandalized. He indicated that the presence of a police officer with the photo radar van should deter vandalism. Councilor Scheckla asked what the procedure was for out of town license plates or rental cars. Chief Goodpaster said that they would negotiate the procedure for out of town license plates CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1999 - PAGE 10 with the vendor. He explained that the process depended on the agreements a vendor had with different states in the U.S. to access motor vehicle registration databases. He mentioned the reciprocal agreements between Oregon and several other states to prosecute offenses committed by that state's resident in another state. He assured the Council(.,r that they intended to cite out- of-town drivers as well as local drivers. He said that they would treat a rental auto the same as a business vehicle. Councilor Scheckla mentioned the issue of day/night use. Chief Goodpaster said that they could operate the equipment during either the day or night. Councilor Scheckla asked what the length of contract would be with the vendor. Chief Goodpaster said that he recommended a one year term for the initial contract but they might go to a multi-year contract once they had a history with a vendor. Councilor Scheckla asked how staff intended to address the space problem at City Hall. Chief Goodpaster said that they were discussing that issue, and intended to research it thoroughly during the planning process. He reiterated that staff would provide more in-depth answers and the advantages and disadvantages of the program when they returned to Council with their proposed implementation plan. Councilor Scheckla asked if staff had any input from local businesses. He mentioned his concern that issuing a lot of tickets might discourage people from shopping in Tigard and hurt the business people. Chief Goodpaster stated that businesses supported photo radar and speed enforcement. Motion by Councilor Hunt, seconded by Councilor Moore, to direct the Police Chief t go ahead with his investigation into the proposal for photo radar. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [5-0] Councilor Patton asked if staff had an estimate on when they expected to return to Council. Chief Goodpaster said that they were looking at mid-February. 8. UPDATE ON NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT PROGRAM STAFF REPORT Mr. Duenas presented the staff report using a slide presentation. He described the elements of the successful neighborhood sewer reimbursement district program developed by staff at Council's direction to provide an incentive to Tigard residents to hook on to sewer. He stated that, since 1996, the City has either completed (or was in the process of providing) 116 sewer service connection points. He said that this reduced the number of unsewered lots in the city from 662 to 546. He mentioned the annual budget of $500,000 for the program. Mr. Duenas said that only 15 lots have actually hooked up to sewer at this time. He discussed the five projects currently near completion or in process: SW 106`h and Johnson, SW 100` and Inez, Walnut/Tiedeman, Beveland and Hermosa, and Delmonte and SW 103`d. He reviewed the locations of the eight districts on a map. Mr. Duenas mentioned the 1993 staff recommendation that the City cap the citizens' costs for sewer hookup at a reasonable level: $5,000. He said that the City subsidized the costs from CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1999 - PAGE 11 $8,000 to $15,000 with the citizen picking up any costs over $15,000. He stated that staff would return to Council to ask for a three-year renewal of the program when it expired in October 2000. Mr. Duenas referenced the interest among the Walnut Island residents with respect to the sewer reimbursement program. He indicated that, although staff felt that the City should extend the program to the annexed areas, funding was a problem because they only had $500,000 budgeted for the program and they estimated a cost of $400,000 to extend sewer to the Walnut Island. He suggested increasing the program. Mr. Duenas recommended extending the sewer to a newly annexed Walnut Island using a phased in approach over the next five to ten years. He suggested this approach if the City did not want to sewer the area all at once through an LID. He assured the Council that staff did have a sewer master plan that would allow them to phase in sewer connections through the reimbursement district program. COUNCIL QUES'T'IONS AND DISCUSSION Mayor Nicoli asked if the City and USA have discussed USA participating in funding the program jointly through a reimbursement program. Mr. Duenas said that they have discussed the issue but USA has made no commitments at this point. He commented that USA's program was primarily an LID program and USA might not have any funding to provide to Tigard. He said that they would explore the possibility of doing something for the sewers similar to what they have done for the streets in asking the County to help fund the projects in the transportation bond. Councilor Patton asked if there were projects in the queue that the City has not started construction on. Mr. Duenas said that the only project that staff has not yet started construction on was the Delmonte project but they expected it to start soon. He reviewed the process staff followed when someone asked the City about a sewer reimbursements district. He pointed out that, without neighborhood. support to form a reimbursement district, things did not get beyond the speculation stage. Mr. Duenas confirmed to Councilor Patton that the costs to an individual homeowner to install sewer on his own were prohibitive. He said that it was expensive to run a sewer line from the existing lines, unless the resident happened to live right next to an existing line. He concurred that the best method was through the reimbursement district process by which residents shared the cost of running the lateral lines to their properties. Councilor Patton asked for verification that the money paid by the residents into the reimbursement district did not go into the City's general fund but instead went back into the program to fund other districts. Mr. Duenas confirmed that the sewer reimbursement district fund was a revolving fund. He clarified that the residents paid not only their fair share through the district, but they also paid the costs of plumbing, closing the septic system, and the $2,335 sewer connection fee on top of the costs of sewer construction. Mr. Duenas indicated that the cost of redoing a septic system was between $15,000 to $20,000 for a 20 year life span. He concurred with Councilor Patton that redoing septic systems was becoming more and more difficult in urban areas. He said that the reimbursement district allowed residents not to incur the cost of redoing the septic system and then later on having to hook up to sewer when it became available. CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1999 - PAGE 12 Councilor Hunt spoke to being careful in how the City approached installing sewers in the Walnut Island. He argued that using a phased in approach treated the Walnut Island residents exactly the same as other Tigard residents but using an LID approach to install sewer to the whole area at once gave the Walnut Island residents a preference over long time taxpayers in the city. He asked for extensive discussion of an LID approach before suggesting it as an option. He reiterated his concern that they treat the Walnut Island residents exactly the same as their current citizens. Mr. Duenas commented that, with the reimbursement district, the City had a limited amount of funds available but any citizen could create an LID and pay the full cost of the improvements. 9. CONSIDER NOMINATION OF REID IFORD TO THE TUALATIN VALLEY COMMUNITY ACCESS BOARD Mr. Monahan explained that the TVCA Board increased its size county-wide and asked for nominations from the jurisdictions. He said that Mayor Nicoli recommended asking Reid Idford if he was interested. He reported that Mr. Idford indicated his interest in the position. Reid Idford described his background in working with cable access companies over the past 10 years in three counties. He mentioned his training and background as a print journalist (newspaper reporter and community newspaper editor). He discussed the importance of cable access in providing citizens with the ability to reach large numbers of people in their community in a changing communications environment. He pointed out that the news industry was now controlled by less than half a dozen corporations. He spoke to cable access as preserving the citizens' right to free speech. He emphasized his commitment to the medium of cable access and to making it accessible to the community and local governments. Motion by Councilor Scheckla, seconded by Councilor Hunt, to forward the nomination of Reid Idford to the TVCA Board. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [5-0] 10. WITH CENTURY WEST ENGINEERING CORPORATION FOR GAARDE STREET IMPROVEMENTS - PHASE 1 STAFF REPORT Mr. Duenas explained that staff split the Gaarde Street design project into two parts: Quail Hollow west up to Walnut Street and Hwy 99W to SW 121". He said that the bid for the first part went to the Tryland Corporation. He discussed the choice facing staff on how to handle the right-of-way acquisition portion of the project: acquiring the right-of-way using in-house staff or acquiring the right-of-way using the prime design consultant. He explained that their experience with coordination problems between the design consultant and the right-of-way agent on the Walnut/Tiedeman project led staff to recommend making the design consultant for the Gaarde project the City's right-of-way agent. Mr. Duenas asked the Council to approve a contract amendment authorizing the design consultant to acquire right-of-way for the City. He pointed out that doing this in-house detracted from other staff projects. He commented that by using the design consultant as the right-of-way agent they could hold the consultant accountable for whatever happened. CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1999 - PAGE 13 COUNCIL QUESTIONS AND DISCUSSION Councilor Hunt mentioned discussions in the past with respect to needing more lanes in the future and acquiring right-of-way for future development. He asked what staff was doing with respect to that situation. Mr. Duenas said that staff was acquiring sufficient right-of-way to allow expansion of the Walnut/Gaarde street intersection to a five lane facility (including the left and right turn lanes) but not sufficient right-of-way to expand either Walnut or Gaarde Streets to five lane facilities. He referenced the projections in the Transportation System Plan indicating that they would need a maximum of three lanes for those major collectors. The Council discussed what they had talked about in the past with respect to Walnut and Gaarde Streets. Councilors Moore and Patton each indicated that he/she remembered discussing a five lane section at the intersection but not five lane roads. Mayor Nicoli mentioned that he remembered seeing three plans. Mr. Duenas indicated that staff returned to the consultant with the plan chosen by Council. Councilor Scheckla asked for clarification on the dollar amounts listed. Mr. Duenas explained that the total amount of both contracts, following the amendment, was $284,471. He noted that this left a balance of $365,529 in the $650,000 budgeted for the project. He confirmed that in the next fiscal year staff planned to use the money for right-of-way acquisition for Phase 2 (SW 121st to 99W) and to construct Phase 1 (Quail Hollow) using TIF funding. He indicated that, once they identified how much right-of-way they needed to acquire for Phase 2, they might need to request more funds. He mentioned funding construction of Phase 2 through the transportation bond. Motion by Councilor Hunt, seconded by Councilor Patton, moved to approve the contract amendments as recommended. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Patton and Scheckla voted "yes.") [5-0] 11. COUNCIL LIAISON REPORTS: None. 12. NON AGENDA ITEMS Councilor Moore invited all Tigard citizens to a Transportation Bond Task Force Open House on October 20 at 6:30 p.m. in the Water Building. He indicated that this was an opportunity for the citizens to review the proposed list of bond projects and to provide input to the Task Force. Mr. Duenas mentioned the graphics staff was working on to illustrate the Task Force's goals and proposed projects. Councilor Patton commented that the proposed list included street, sidewalk, street lighting and bike path projects. The Council discussed Councilor Scheckla's concern to provide adequate parking. Mr. Duenas indicated that the entire Water Building and Niche parking lots would be available, as well as the City Hall parking lot across the street. Mr. Monahan announced that the Council canceled its normally scheduled October 26 meeting. CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1999 - PAGE 14 13. EXECUTIVE SESSION The Tigard City Council went into Executive Session at 9:16 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. 14. ADJOURNMENT: 10:00 p.m. Attest: r, City of Tigard Date: /07 - ALl q Iq 11AD M\CATHY\CC M\991012. DOC (rt 2 GL7hk 4_74--2n Catherine Batley, City RecordT er a-t CITY COUNCIL MEETII+IG MINUTES - OCTOBER 12, 1999 - PAGE 15 COMMUNITY NEWSPAPERS, INC. Legal Pl'tice Ju_nd P.O. BOX 370 PHONE (503) 684-0360 BEAVERTON, OREGON 97075 Legal Notice Advertising • City of Tigard • ❑ Tearsheet Notice 13125 SW Hall Blvd. • Tigard,Oregon 97223 • ❑ Duplicate Affidavit • 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 th~igar_d=SuaI at i n 'T'7mes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at_ rr4 rT ~ in the aforesaid county and state; that the r.nnal Contract Review Board D4eeting a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONP successive and consecutive in the following issues: October 7,1999 Subscribed and sworn to re me this7th rlaV of Onto er,1999 OFFICIAL SEAL ROBli9 A. BURGESS Not6V Public for Oregon NOTARY PUBLIC-OREGON ~6Gs COMM.ISSION 11,10. 062071 My Commission Expires: 1,1Y C0i:1!,11SSION EXPIRES MAY 16. 2001 AFFIDAVIT published for y ~forma4icsn. Full I The following meeting lughli s are agendas may.:be obtained om the-CCttyli Rg 639-41713125 SW Hall Boulevard, Tigard. 0e80-9g~''or by TIGARD CITY C®UNBC01 ARD AND LOCAL CONTRACT P.M. MEETING October 12, L TOWN HALL TIGAIitD CT1I Y OREGON 13125 SW HALL BOUL VARD, TIGARD, • Proclamation: October - Bregist Cancer Awareness • Ready to Read Grant Recognition Project Award to the City of Tiardfor • Consider Adoptiioon'o Olegi SPeciaity Code Appendix, Chapter 91 Section 914 for Fire Life Safety in High occupant Buildings • Presentation on Photo Radar n the c, ity of Tigard o UIRate on Sewer Reimh seT►ent Fro , • Eiiecutive Sessioni TT94" - Publish October 7; 1 . CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss City of Tigard ) I, being first duly swum, on oath, depose and say: That I posted in the following public and conspicuo s places a co x Notice of Special Meeting for the Council Meeting dated O C~ xa • VXA a copy of said notice being ~iereto attached and by reference made a part hereof on the 1 day of CN T QA , . 199q_. aaft~ q- 6r.60- 81 Bases OFFKVLSEAL DLL NWARY P1lBUC-ORESO I N(URM liwtCOCAMISSION EXPW6 FEB.11. 20M Subscribed and sworn to before Notary Public for My Commission e N:\Iog1n\cathy\a4fposL1 CITY OF TIGARD, OREGON ORDINANCE NO.99- a7 AN ORDINANCE ADOPTING OREGON STRUCTURAL SPECIALTY CODE, APPENDIX CHAPTER 9, SECTION 914 - GROUP R - DIVISION 1 OCCUPANCY FIRE SPRINKLER REQUIREMENTS WHEREAS, ORS 455.020 (1) enables the Director of the Department of Consumer and Business Services to promulgate a state building code to govern construction, reconstruction, alteration and repair of buildings and other structures; and WHEREAS, The City of Tigard, under ORS 455.153, administers specialty codes and building requirements adopted by the State of Oregon; and WHEREAS, Council believes the adoption of this appendix section will enhance the life safety conditions of buildings regulated by this requirement, NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Pursuant to Tigard Municipal Code, Section 14.04.30, amend and add to (a) section (6) to read as follows: Appendix Chapter 9, section 914 of the 1998 Oregon Structural Specialty Code. SECTION 2: This ordinance is declared an emergency and shall become effective immediately after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By 001?i MOSvote of all Council members present after being read by number and title only, this day of 0Ct0b L , 1999. Catherine Wheatley Citv Recorder ~ ~Thy) APPROVED: By Tigard City Council this /r da Appr,qved as to fo C~I ttomey /y //a p ?q Date ORDINANCE No. 99- 027 Page 1 a 10 w V a U a A E. i ~.i N - O ~O - J a u A W iJ ` o ~o 0o v a u a W N - O. O r - S ppJ pp~ppop pdQ ~ O 1p~1p, ww pJ S pW S A. S p p N S A . N S ~.7 !J S A S ppN. 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N a N c% N a N a N a N a W V N ~ a N 00 SJ r u W N W J q 1 w o = = o = = = woo i~ o ~ ~ o o o o a = o o ooc , F, N m s Q a w L• to ~O U a - w LI N O L. 1 0 N b% SJ ~O~pp~ N app N Ja r A W - $ O~ Q c N P - to J ~0 •O `O H a A d C S O v Q v O G S W V C, . .4 N 10 c o ~O O~ O 1-4 e O O W 10 00 t A a O O W ~A p R o ° n s p N ~O N N W N ~ N W V W t ,n - A - a N O Q ~ j n 1 --1 jZ ` < ~ 6D LI C C g G v J i.n G G W ~~Ao a V N l v CO M ~ ~ J ~D tw G d a 3 u . p, S ~ i V O a V O O O O O O W N W N O W N O+ OO N a0 00 Ja O~ N . o• u N N ~ w O O~ N J W O N N b ` PVT N W ~ Q N N O W O~ O W a O~ lA W O~ N NN O~ r ~ D W a b N~ 0a O N O~ O~ ? C ~ A 00 ~ J ~pi A J ~ ► ~ ~~pp A J ~ ► D O V J A pp G~ G1 W p N0 A ~ b O • ~ G~ J 00 O ~p N ` to N m O~ t A ~ G t A 0 O ~i t i~ O D J N O ~ O 0 O . 1 A t o O, O~ N N N p0 _ a r O~ N - V ~ ~ O N V a W W N N W O~ O W • W ~ t - o a N N N V V~ W W a V a W V W W u pp ~ V O G y OO ~ S N O Q W 0 o N C p L ~ t ~ b c P o W W V t. O .i t r C~ C. L { W i C No ~ N p V A ~ O a U b. O W ~ O 1 a y A L t W A V O ~A - ~O O 9 O 1.w c 0 N ~O J J - W j J O % 0 0 OO 0 0 % l . A c y o o a y. N p c o a c o ~ G W V ~ O a D ~ O A - O L "C O CD N/~+ W ~ R H Cf~ nO ~ v1 Iv~ I r 5 l vl tqq- A FAX TRANSMITTAL Date October 8, 1999 Number of pages including cover sheet 4 To: 1110,ngra Id` I iy0 City'E €s jK6jI From: ey ; Co: Co: Fax Fax Ph SUBJECT: Letter from Cecil and Donna Jones MESSAGE: Cathy Wheatley City Recorder City of Tigard 684-7297 639-4171 Ext. 309 Here is a letter from Cecil and Donna Jones regarding their concerns about an LID in their area. This letter has been forwarded to City Engineer Gus Duenas and City Attorney Tim Ramis. Staff will be prepared to brief the Council on the matters raised in the Jones' letter at the October 12, 1999, Study Session. c: Gus Duenas c%ENG%FAX.DOT a TRRNSMITTED FROM 10.08.99 14:55 P.01 c;grd®n'$ Printing 7 10 NW 17th Ave. Portland, OR 97209 (503(242.4205 (503) 242-4274 Fax FAX TRANSMITTAL FADE NO. L - 2 DATE TO ATTN FROM PAGES INCLUDING THIS COVER SHEET. IF WE ARE TRANSMITTING YOU DO NOT RECEIVE ALL COPIES PLEASE CALL US AT (503) 242-4205- THANK YOU ~f 0-7 _ t ~..cc Lc Ci~ t f 7 ~.~.e TRANSMITTED FROM 10.08.99 14:55 P.02 October 9, 1999 City Council City of Tigard I am writing this letter to inform you I will be at the Council meeting on October 12, 1999 to try and get some answers as to why you turned your back on the two residences in the 69th street L11D. We are the only two residential properties on 69th Avenue that have no way to recover our cast like the commercial developments that occupy the rest of the properties in the LID. A. $50,000 street assessment for two 8500 sq. ft. lots will be a financial burden that we will not be able to overcome at our age. I was shocked the City Council turned their backs on us and treated us the way they did. I believe when the people in the City of Tigard elected the Council, they expected your job was to protect them from unfair treatment whether it be a group of residences dumping on a business or businesses dumping on residences. I am not unreasonable as I realize that building 69th avenue will increase the vvaal e of he LID of property but Elmhurst, Franklin and Beveland Streets will add approx. $600, which the city paid are 3 blocks and will receive the most benefit.That should not be an away.They are only streets that he developers and City expense to residences es that that needs to funnel traffic out of the area and have no value to us whatsoever. I feel 515,000 for each residence will more than pay for our part of the 69th street improvement and the city should make up the rest of our cost for the cross streets. We pay taxes for this type of expense and should not be taxed again when there is no value to us or our property.. I know you have never assessed a 8500 sq. ft residential lot with 85 ft. of street frontage $30,000 for street improvements and never will again. I feel like we have been knocked down by the developer and instead of being helped up by the City Council you kicked us while we were down. 1 was always taught the government was by the people and for the people instead of by the people and for the developers. The ironic part is, from what I have found out, the developers were shocked you did nothing for us. They expected some of our cost to be added to there's. Tyou r would made some kind of e5ort to help us there would probably been very little feedback Another example of unfair treatment is the taking of half the entrance to my driveway and taking out the roots of a large birch tree in my front yard. When €~a1fMwlin D driveway be muse he dewall I was going have to give up a corner of my property Y was going to change from curb on Elmhurst St. to property line on 69th and there was no way it could be moved to the curb on 69th. If I didn't sign it over the city would just take it at an appraised value. He agreed to pave my drive so I signed thinking I had no other choice. Now 1 find out the sidewalk is moving to the curb as soon as it gets past our properties and comes to you appro Landmark Fords property on the same vler e half should have been informed entrance to my driveway, I'm stuck ~h this LID that it was going to take out o my e . TRANSMITTED FROM 10.08.99 14:55 P.03 * a driveway I have to make a sharp bend when i back out of my garage and a birch tree that will probably die or worst yet fall on my house because of all the roots that was out within 3 feet of tha +,rvnk on the sidewalk side. The sidewalk could have been moved to the curb on our frontage and none of this would have had to happen.. I'm a lot smarter now than when this started and if this stands the way it is I'm going to make sure the Citizens of Tigard know what to watch out for if this is about to happen to them. I owe therm that much because I feel really used. If there had been more than two of us on 69th the cross street assessment would never have happened. If you think we have been treated fairly I would like someone to explain how this was justified at the Tuesday Council Meeting. Sincerely, Cecil and Donna Jones 12190 SW 69th Ave.. Tigard, OR 97223 639-9373 cc: faxed to all council members Mayor Jim Nicoli (fax 6843636) Councilor Paul gaunt (fax 620-8759) Councilor Brian Moore (fax 603-0461) Councilor Joyce Patton (fax 590-0371) Councilor Ken Scheckla (fax 639-5697) 10/08/99 15:58 °V503 684 7297 CITY OF TIGARD [a ool sxxssxssssssxxsssxsssssxssssxssassss axx MULTI TRANSACTION REPORT sss sssxss**ss*****sxsss~xsxx*s*s****s** TX/RX NO. 9809 INCOMPLETE TX/RX TRANSACTION OK [ 011 5900371 JOYCE PAITON [ 021 639 5697 KEN SCHECKLA [ 031 6030461 BRIAN MOORE [ 041 6208759 PAUL HUNT [ 051 684 3636 JIM NICOLI [ 071 243 2944 CITY ATTORNEY ERROR '0-~. AGENDA ITEM NO.-2!--VISITOR'S AGENDA kp,0 DATE : October 12,1999 (Limited to 2 minutes or less, please) ~2 ~i 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. Pontact the City Manager prior to the start of the meeting. Thank you. 7/ AME, ADDRESS & PHONE N 0 TOPIC ° STAFF CONTACTED NA ~Ff GK 6 v [A s [kvo 5,t of qee~ V✓ T( I C/ .4 , i nda I~~ ~J'ca - So(ares vl-easf CG nce~ .4~ureneo - m~ 14o, e s . n Y L. / D /D//.2/,q,~ CITY F TIGARD October 13, 1999 Linda L. Nilsen-Solares BCC Screening Coordinator Washington County Health & Human Services 155 N First Ave, MS 4 Hillsboro, OR 97124 Dear Ms. Nilsen-Solares: 5111 'c' Enclosed is the City of Tigard's Proclamation of Beast Cancer Awareness Month issued by Mayor Nicoli at the October 12, 1999, meeting of the Tigard City Council. The City is pleased to participate, and hopes that its efforts will help to raise awareness of breast cancer. Sincerely, 4~ Greer A. Gaston City Administration I.AengXpreeeJeW prodamaUon.doc 13125 SW Hail Blvd., 11gard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Breast & Cervical Cancer Screening Program WASHINGTON COUNTY J r. RECEIVED C.U.T. SEP 2 31999 September 21, 1999 Mayor Jim Nicoli City of Tigard 13125 SW Hall Tigard, OR 97223 Dear Mayor Nicoli, Hopefully your office has already received information regarding the Mayor's Campaign against breast cancer sponsored by the American Cancer Society and the Center for Disease Control and Prevention. The Washington County Breast and Cervical Cancer Screening Program is the local contact for this effort and we would like to see your city participate in this event. Therefore, wP are sending you this letter to let you know we are interested in working with you and to give you some tools for participation. I am enclosing a Fact Sheet regarding breast cancer in Oregon and in Washington County. This fact sheet lists contacts for further information about activities and services in Washington County. There are many different perspectives in our county: those of breast cancer survivors, health care providers and community members who have received free screening services. I am also including a sample proclamation of your participation in the Campaign. Finally, I am including an article that can be printed in your city newsletter. We are interested in supporting whatever involvement you wish to have in this year's campaign. The goal of campaign is to raise community awareness regarding the seriousness of breast cancer and the hope that early detection offers. Therefore, any effort that can have a broad scope and potentially have media coverage is most effective. If you have any questions or would like to collaborate with us in any way, please call me at 503/846-4965. Jlnccrely, r l 1-~Linda L. Nilsen-Solares BCC Screening Coordinator 503/846-4965 BCC Screening Program, Washington County Health & Human Svcs, 155 N. First Ave., MS 4, Hillsboro, OR 97124 Phone: (503) 846-2814 FAX: (503) 846-4522 4 Mayor's Campaign Against Breast Cancer 1999 r W~J, Take tie Challenge Breast & Ce Cervical Cancer Program Date: August 30,1999 To: Every Mayor in Oregon From: Michelle Degmetich-Saenz American Cancer Society Oregon Area Patricia Schoonmaker Oregon Breast & Cervical Cancer Program We invite you to Take the Challenge and join others in your community to celebrate National Breasil, Cancer Awareness Month in October. In 1997, the US Conference of Mayors f irst began its Mayors Campaign Against Breast Cancer, to promote early detection activities in local communities (see enclosed newsletter, The Breast Cancer Information Exchange, October 1998). Nationally, the American Cancer Society and the Centers for Disease Control and Prevention are supporters and sponsors of this campaign. In Oregon this year, we are taking a new initiative. We are inviting all mayors, in cities and towns large and small, to Take the Challenge and connect with individuals in their communities on this very important health issue. We hope this provides you're an opportunity to connect with individuals who are involved in early detection education and screening activities in your community. Please complete and fax the enclosed commitment form. How can you rake the Challenge in your community? Here are just a few suggestions: ❖ Take a Reach to Recovery volunteer to lunch (great photo opportunity, too!); ❖ Plant a tree or bulbs (vreferabiv with pink blossomsl in hnnnr 4. Visit a mammography facility on National Mammography Day, October 15th; ❖ Invite breast cancer survivors to your office for coffee or tea; Visit a local health clinic that provides Women's Health Checks through the local breast and cervical cancer program. For more information, please call the American Cancer Society at 800-ACS-2345. MAI" Breast & Cervical Cancer Screening Program WASHINGTON COUNTY Breast Cancer Facts in Oreeon ® In 1997, there were over 3,000 new cases of breast cancer diagnosed in Oregon. - This means that nearly 60 women each week learn that they have breast cancer. - 360 of these women lived in Washington County ® In 1997, 484 women in Oregon died of breast cancer. - This means that almost 10 women die of breast cancer each week - This is actually GOOD NEWS - although the cases of breast cancer have increased significantly, deaths have gone down slightly - early detection saves lives!! ® 4 out of 5 wornen diagnosed with breast cancer have no history of breast cancer in their family. ® The two greatest risk factors for breast cancer are being a woman and getting older. w When breast cancer is found in its early stages, women have a 97% chance of surviving 20 years or more. o Early detection saves lives. All women should practice the three steps to early detection: Self breast exam, clinical breast exam, and regular mammograms. Activities for Breast Cancer Awareness Mouth October 12th -'Tualatin Valley Cable Access "Livelink" show, dealing with breast cancer. Cannel 9 Bookmarks with breast cancer information will be distributed at all the Washington County Libraries. Tigard, Tansborne and Shute Park libraries will feature displays on Breast Health. The Washington County Health Department will have informational bulletin boards in each of their clinics. Pink ribbon cards will be available - contact Vikki Moore at 503/846-2815 to get some for your office. Survivors If you would like to speak with a breast cancer survivor (or someone close to a survivor) about their personal experiences, please call Linda Nilsen-Solares at 503/846-4965. Resources For additional information regarding resources for breast health education and screening services, please call Linda Nilsen-Solares at 503/846-4965. . ' 6 Breast Cancer Awareness - More important than ever. As a society we are inundated with health messages on a daily basis. We know what to eat and what not to eat. We know we should exercise regularly. We know at what age we should be screened for different health conditions. It is easy for people to become numb to all of the things that we need to be aware of to be "healthy". Many of us know personally that although we know what we should do, it doesn't mean we always do it! This social reality combined with recent advances in healthcare technology, may make some people think that we no longer need to raise awareness around such issues as breast cancer. We disagree. Every week in Oregon over 60 women are told that they have breast cancer. Every week in Oregon 10 women die of breast cancer. In 1997, 360 Washington County residents were diagnosed with breast cancer and we lost approximately 50 women to this disease. Awareness is only the first step on the road of action - we have not reached the end of that road. October is Breast Cancer Awareness Month which gives us a chance to reflect on the tremendous strides that have been made in terms of awareness and treatment. There are many new medicines and treatments available for women who are diagnosed with breast cancer. The earlier women are diagnosed the more effective these treatments are. New studies are being done that may lead to treatment in women who have not been diagnosed with breast cancer but are at extremely high risk for developing the disease. There is much hope for a cure for breast cancer. While these medical advances are wonderful, we must not forget the life-saving benefits of early detection. Recent studies indicate that women who have regular mammograms and are diagnosed with breast cancer in it's earliest stages have more than a 97% chance of survival for 20 years after diagnosis. As cancer spreads throughout the body, the chances for long term survival are lower. Early detection is more important than ever because it allows technological advances to be as effective as possible. Early detection is composed of three simple steps: monthly breast self exams, yearly clinical breast exams and regular mammograms over the age of 40. This October there are many things that YOU can do to help breast cancer awareness: Go to the Library! The Washington County Cooperative Library System has several b~~1:~ al~.nwt hrPaa heal±h. Vn„ (.an also check out their website for a reading list. You will receive a breast cancer awareness bookmark with any books that you check out during the month of October. Talk to the women you love. Many women respond positively when their families, partners or friends express interest in their well-being. Regular screenings for cancer can be very scary and support from loved ones is often what gives women the courage to take care of themselves. Encourage the women you care about to get regular women's health exams. If you know women over 40 years of age who don't have health insurance, have them call BCCP at 846-2814 to see if the qualify for free screening services. Wear a pink ribbon. The Breast and Cervical Cancer Screening Program (BCCP) in Washington County will be distributing pink ribbons throughout the county - please call us at 846-2815 to request ribbons. If you are a woman schedule your appointment for an annual exam today! ! I ►'~L) The City of Tigard, Washington County and Unified Sewerage Agency invite you, the residents of Walnut Island and other unincorporated "islands", to a second Open House to answer your questions and discuss annexation into the City of Tigard. Date: October 25, -1999 Place: Fowler Middle School A4 L 4r14:4 Come meet the service providers and learn about septic/sewer, parks, police, taxes, and local roads. 10865 SW Walnut Tigard, OR Time: 5:30 PM - 7: 30 PM In response to your question on issues including sewer reimbursement districts, planned transportation improvements, our tentative schedule for annexation, and other issues, a presentation will be given at 6:00 PM. For more information contact: Nadine Smith 13125 SW Hall Blvd 639-4171 Ext. 388 nadines@ci.tigard.or.us or visit our WEB SITE AT . vwvw.ci.tigard.or.us ESTIMATED ANNUAL TAXES Tigard's tax rate is $2.5131 per $1,UUu. Unlimited taxes are associated with road and facilities bonds passed by Tigaid voters. Tigard s unlimited tax rate is $00.5685 per ,000. Out of the total unlimited tax $00.0885 is for the road bonds and runs through June 30, 2000. The remaining amount 0.5000 is for bonds for the construction of the Civic Center (City Hall, Library, & Police) which runs through June 30, 2003. Unlimited taxes include those taxes levied outside the limits of Measure 5, generally voter approved bond issues for capital improve: nents. 4. Taxing Area 51.78 includes School District 48 - Beaverton. Annexaton will not affect school district boundaries. 5. Annexation within Taxing Area 23.78 wou!d rmuit in an estimated 1998 -1999 tax of $2240.69. Annexation within Taxing Area 51.78 would result in an estimated 1998 -1999 tax of $2169.78. FOR A HOME WITH AN ASSESSED VALUE OF $150,000 r rr,34y IbA_)~AJ ~ 3 CZIVAGi L Robert J. Preston 79th Avenue Citizen Action Group 14955 SW 79th Avenue Tigard, Oregon 97224 (503)620-2160 (503)224-2223 September 27, 1999 Joyce Patton City Councilor PO Box 230725 Tigard, Oregon 97281-725 Dear Councilor Patton: `'"1 P&Av s u d mpa-41D Gcw atu-,A,y i9a pxbtt~ I am writing on behalf of the 79`h Avenue Citizen Action Group to follow up on our last telephone conversation. I have not received a response to our request that the City Council provide a binding commitment that a Local Improvement District (LID) will not be formed to finance 79`h Avenue reconstruction. At the August 17, 1999, City Council meeting the City Council stated that the City of Tigard would not use an LID to finance the 790, Avenue project. You reiterated that position at the August 18 Transportation Bond Task Force meeting and in subsequent conversations with me. We are pleased about that and appreciate the City Council's flexibility on this point. As you and I have discussed, however, this City Council's rejection of the LID is not binding on future City Councils or the city administration. We also understand that a LID would not be formed until construction of the project is completed. Therefore, in the event that 79th Avenue is included on the road bond and not completed for a few years, another City Council could impose a LID on the neighborhood despite your statements to us. This concern is underscored by two things: (1) Transportation Bond Task Force documents have not been changed to state that the road bond will cover the entire cost of the project; and (2) the City of Tigard appears to have a current contract with Century West Engineering to perform LID studies on 79th Avenue. In order to address this problem, I proposed to you that the City Council provide some form of a binding commitment that no LID will be formed - now or in the future - to pay for 791h Avenue reconstruction. I proposed two options, but we are open to other ways of satisfying this requirement. First, I proposed that the City of Tigard nullify the non-remonstrance agreements applicable to 79`h Avenue. Second, I proposed including I specific language in the road bond measure itself that in no event would a LID be formed to pay any of the costs of 79th Avenue reconstruction. Our request for a commitment concerning the LID in no way indicates that the 791h Avenue neighbors support the reconstruction designs currently favored by the city engineering department. Based on our previous polls of the neighborhood, I suspect that the neighborhood remains opposed to those designs. In any event, you have asked the 79 h Avenue Citizen Action Group to poll the 79`h Avenue neighborhood on the City's latest design proposal. Given that the design standard has not changed materially since this organization formed in May 1999 to oppose it, we believe that it would not be worthwhile to conduct further polling at least until we receive the written commitment discussed above. In the event that we receive such a commitment, we can complete a neighborhood poll within one week. In the event that we do not, then the neighborhood can provide feedback to the City Council through public comment to the Transportation Bond 'task Force, voting on that bond measure and other available political avenues. The 791h Avenue Citizen Action Group Executive Committee greatly appreciates your thoughtfulness and hard work on this issue. We look forward to continuing our work with you. Sincerely, Robert J. Preston c: 79th Avenue Neighbors Agenda Item No. y .a 0- MEMORANDUM CITY OF TIGARD, OREGON Meeting of 1 0. 1a • r-tci TO: Honorable Mayor and City Council FROM: Bill Monahan DATE: October 5, 1999 SUBJECT: COUNCIL CALENDAR, October 1999 - December 1999 Regularly scheduled Council meetings are marked with an asterisk If generally OI{, we can proceed and make specific adjustments in the Monthly Council Calendars. October * 12 Tues Council Meeting - (6:30 p.m.) Study Session - Business Meeting * 19 Tues Council Workshop Meeting - (6:30 p.m.) 23 Sat Make a Difference Day (9 a.m. - Noon) * 26 Tues Council Meeting - (6:30 p.m.) Study Session - Business Meeting November * 9 Tues Council Meeting (6:30 p.m.) Study Session - Business Meeting 11 Thurs Veterans' Day Holiday - City Offices Closed * 16 Tues Council Workshop Meeting (6:30 p.m.) * 23 Tues Council Meeting - (6:39 p.m.) Study Session - Business Meeting 25-26 Thurs & Thanksgiving Holiday - City Offices Closed Fri December 3 Friday Holiday Tree Lighting (6 p.m.) * 7 Tues Council Meeting - (6:30 p.m.) Study Session - Business Meeting * 14 Tues Council Meeting (6:30 p.m.) Study Session -Business Meeting 24 Friday Christmas Holiday - City Offices Closed 31 Friday New Year's Holiday - City Offices Closed (Note: Change to Meeting Schedule in December - 2 business meetings on 1" and 2" Tuesday and ..0 -,-VGrks-h-up meeting is scheduled.) iAadm\cathy\cound1\ccca1.doc ~d Z ~t E i CD r ~ C C CD ® CD Q c ~ o U Q U -o ils ca C " g H a~ v o L ~ . 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FOR AGENDA OF 10-12-99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Receive and File: Canvass of Vote September 21. 1999 Election PREPARED BY: C. Wheatley LA~ DEPT HEAD OK TY MGR OK ISSUE BEFORE THE COUNCIL Receive and File: Official Election Results for the September 21, 1999 Vote by Mail Election STAFF RECOMMENDATION Receive and file the Abstract of Votes provided for Council's information. INFORMATION SUMMARY Each time the City Recorder canvasses the votes as required by the Washington County Elections Division, a copy is filed with the City Council at a Council meeting in order to officially "receive and file" the information. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES The cost of the September 21, 1999, election, which will be billed to the City of Tigard is $11,771.38. The original estimate for the cost of this election was $16,000. WASHINGTON COUNTY OREGON Agenda Item No.__. Tigard City 13125 Sw Hall Blvd Meeting of Tigard Or 97223 Enclosed you will find a copy of the Abstract of Votes f3 Tigard City Measure # 34-8 relating to the Vote by mail election held on. Saptember 21, 1999. In accordance with ORS 255.295, please canvass the votes and notify the Washington County Elections Division within thirty (30) days of receipt by signing and returning the bottom portion of this letter to: Washington County Elections Division 150 N 1st Avenue, MS 3 Hillsboro OR 97124 Thank you very much. Sincerely, Jjvv~ Ginny Kingsley Elections Manager GIUd ac I have canvassed the votes for Tigard City Measure # 34-8, relating to the Vote by mail election on September 21, 1999. By signing this canvass letter, I concur with the final results. ~ I DATE t:Y AUTHORIZING SIG ATUR Department of Assessment & Taxation, Elections Division 150 North First Avenue, MS3 Hillsboro OR 97124 Phone: 503/648-8670 Fax: 503/693-4854 ~ o oy ~ ov o 0m g~ om gm y „ fD m7 ' N Z 1 ~m . 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O . 0 O NN C „0 G N N N N • r m r m -C *0"D m"an 00 OO 00 (3 0 -s-+ C) 0 O OO OO F OO OO O Oo 00 oo Oo O~~ C13 0 0 7 tJ ~.7 •i c ; 13 ~m A ° N -f C O a m „ 3c z a D r N A T (A a m -cmm i C) ma A m r A m m N vir m a A~o < z A A \ c~ OFFICIAL S TEMENT OF TES CAST FOR WASHINGTON SE E B R 21, 34-8 CITY OF TIGARD CHARTER ege Number .001.00 1 R E S E D O E R S T U 0 T T U 0 T E E T A G E 3 4 Y 8 S I Y 0 I G A R D 3 4 N 8 O I Y 0 1 G A R D 16 MAISON ARMORY 10 435 1 43.11 4 37 6 30 TIGARD'WATER DIVISI 103 38 37.1 319 1 64 1 31 TIGARD WATER DIVISI 1391 524 137. 6 433 1 89 32 C F TIGARD ELEM SCH 171 73 42. 616 1 115 1 33 M WOODWARD ELEM SCH 74 34, 47.0 310 1 3 34 J TEMPLETON SCH 122 13N I 41. 43 81 35 HALL BLVD BAPTIST C 67 22 33.5 181 43 1 0 TWALITY MID SCH 142 5364 1 37.6 45 77 1 1 SUMMERFLD CLUB HOUS 1181 7 64.8 5 1810 1 6 OUR REDEEMER LUTH C 93 391 42.0 331 6 80 SLWERFLD CLUB 908 1 56 61.6 42 132 1 83 OUR REDEEMER LUTH C 969 1 287A I 29.6 24 46 1 92 METZGER SCHOOL 75 22 29.8' 1 43 1 94 ALL BLVD BAPTIST C 71 22 31.4 18 3 95 FRIENDS CHURCH 33 43. 29 41 15 CHRIST KING LUTH 1334 1 53 40.1 46 7 17 VBM SCROLLS FY RD 24 1 8.3 21 TRINITY EVAN CHURCH 699 1 29 42.4 25601 3 24 FOWLER MID SCH 7431 26 34. 2351 2 25 CHUR OF CHRIST 1260 547AI 43.1 4 7 26 M WOOD.WARD ELEM SCHC B" 3291 37. 284 4 50 FRIENDS CHURCH 67 3 q4M 44.8 26 41 51 M WOODWARD ELEM SCH 70 30 43.2 261 4 T 0 T A L S**** 21 9073 41.6 758 143 74 A.j y •I. : 1 t 4' _ AGENDA ITEM # /-/1-3 FOR AGENDA OF October 12, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Appointment to the Budget Committee PREPARED BY: Susan Koepping DEPT I-MAD OK CITY MGR OK 4"V-, ISSUE BEFORE THE COUNCIL Appointment to the Budget Committee STAFF RECOMMENDATION Adopt the attached resolution reappointing Mike Benner to the Budget Committee INFORMATION SUMMARY Attached is a resolution which, if adopted, would approve the reappointment of Mike Benner to the Budget Committee. Mr. Benner completed the term vacated by the resignation of Max Williams. OTHER ALTERNATIVES CONSIDERED Delay action on the appointment. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Goal: City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. FISCAL NOTES none 1:1ADMVSUSAN KWASKFORMSUMMIDOC AGENDA ITEM # • y FOR AGENDA OF 10/12/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Bid Award for the purchase of a BK-250D crack sealing machine. PREPARED BY: Howard Gregory DEPT HEAD OK &P CITY MGR OK 'L'am ISSUE BEFORE THE COUNCIL The issue before the Council is the bid award to the lowest responsible bidder, Special Asphalt Products, for a BK-250D Crack-sealing machine at the bid amount of $29,995.00. STAFF RECOMMENDATION Staff recommends that Council award the bid to Special Asphalt Products for the bid amount of $29.995.00 for the purchase of a BK-250D Crack Sealing Machine. INFORMATION SUMMARY Three bids were received on September 14, 1999 for the purchase of the BK-250D cracking sealing machine. Two bids were received from Albino Asphalt, one from Special Asphalt Products and no bid from Western Power & Equipment. Of the two bids received from Albino Asphalt one was over the budgeted amount, and the other did not meet specifications, including but not limited to: 1. Does not have a 250-gallon material tank. 2. Has only one loading door instead of the two specified. 3. Loading doors are at 56 inches in height not the 46 inches and do not have door locks as specified. Mixing system is of the paddle type not the auger type as specified. 4. The sealant pump is submerged in the tank and is not readily available for maintenance and repair. The crack-sealing machine bid by Special Asphalt Products meets all specifications and is within the budgeted ammint_ OTHER ALTERNATIVES CONSIDERED Reject the lowest responsible bid that meets the specifications and award it to the next lowest bidder. Reject all bids and readvertise for new bids. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N\A FISCAL NOTES In the 1999/00 fiscal year budget, $30,000.00 was identified for the purchase of a crack-sealing machine. The BK-250D bid by Special Asphalt Products is within this amount at the total cost of $29,995.00. i:\L: itywide\%um.dot AGENDA ITEM # 5 FOR AGENDA OF October 12, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE State of Oregon Ready to Read Grant Outstanding` Project Award PREPARED BY: Teresa Laubach DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL MaryKay Dahlgreen, a representative of the Oregon State Library, will present the Tigard Library with a State of Oregon Ready to Read Grant Outstanding Project Award. STAFF RECOMMENDATION Accept the Award INFORMATION SUMMARY Each year the Oregon State Library awards Ready to Read Grant monies to libraries across the state of Oregon. In the fiscal year of 1997-98, Tigard Library was named one of the five outstanding grants for that year. Using the Grant funds, the Library established deposit collections of materials for children in two low-income housing projects. The collections in Spanish and English included fiction, non-fiction, and picture books. In addition to the library collections, storytimes were established using volunteer storytellers in Spanish and English. This special program reached out to over 50 children in the Tigard area. OTHER ALTERNATIVES CONSIDERED VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Urban & Public Services/Library. Goal #1: Library will have a stable funding base for the provision of basic services. Strategy #3: Seek alternatives to current tax base funding mechanism. FISCAL NOTES Monies received from the Ready to Read Grant were in the amount of $5,438. AGENDA ITEM # FOR AGENDA OF / 0I d q9 CITY OF TIGARD, OREGON COUNCIL AGENDA. ITEM SUMMARY ISSUE/AGENDA TITLE Adoption of Oregon Structural eciai uoae H nay % Lcr OCULLUii 7 L- PREPARED BY: Bob Poskin DEPT HEAD OK MGR OK ISSUE BEFORE THE COUNCIL. Should Council adopt Oregon Structural Specialty Code, Appendix Chapter 9, Section 914? STAFF RECOMMENDATION Fire is the third leading cause of accidental death in residential buildings in the United States with at least 80 percent of all fire deaths occurring in residential buildings, therefore, staff recommends approval of this ordinance. INFORMATION SUMMARY Tualatin Valley Fire and Rescue worked on this change in the code over a four-year period. During this time, Tualatin Valley met with local and national jurisdictions enlisting their requirements and importance of providing enhanced fire protection in high occupant residential buildings. The result of these inquiries and the subsequent change to our code is consistent with guidelines in other cities our size across the nation. The Cities of Portland and Hillsboro are outside of Tualatin Valley Fire and Rescue jurisdiction, however, they are currently reviewing Section 914, and with modifications to fit their specific need, will in the near future adopt this provision. The City of Beaverton is currently in discussions with Tualatin Valley, and may adopt in the near future. The provisions of this section will affect proposed construction as follows: (a) All new construction containing 16 or more dwelling units. (b) Additions, where the addition is a separate building, or where the addition utilizes an area separation wall and contains 16 or more dwelling units. (c) Tenant improvements where there is a change of use moving the building into an R-1 occupancy and where there are 16 or more dwelling units. (d) Hotels and Motels three or more stories in height containing 20 or more guestrooms. Cost to developers will be approximately ($1.68) per square foot. Under the current OSSC language, automatic sprinkler systems are required throughout apartment buildings three or more stories in height or containing .16 or more dwelling units, every congregate residence three or more stories in height or having an occupant load of 20 or more, and in every hotel three or more stories in height containing 20 or more guest rooms. Under the provisions of Appendix Chapter 9, section 914, Group "R"1 occupancies shall require a sprinkler system be installed throughout every apartment house and every congregate residence classified as a Group "R" Division 1 occupancy. An automatic sprinkler system shall be installed throughout every hotel three or more stories in height containing 20 or more guestrooms classified as Group "R" 1 occupancies. There is an exception, which states that automatic sprinklers are not required in apartments or congregate residence buildings that are one story in height and not containing a basement or mezzanine. Such buildings shall contain not more than 16 dwelling units in apartment buildings and shall not have an occupant load more than 20 in congregate residence buildings. OTHER ALTERNATIVES CONSIDERED Do not adopt the change and continue to enforce current provisions in the Oregon Structural Specialty Code. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES There is no fiscal impact on this request. i:kitywide\sumdot EXCERPT FROM 1997 OREGON REVISED STATUTES 455.020 Purpose; scope of application. (1) This chapter is enacted to enable the Director ofthe Department of Consumer and Business Services to promulgate a state building code to govern the construction, reconstruction, alteration and repair of buildings and other structures and the installation of mechanical devices and equipment therein, and to require the correction of unsafe conditions caused by earthquakes in existing buildings. The state building code shall establish uniform performance standards providing reasonable safeguards for health, safety, welfare, comfort and security of the residents of this state who are occupants and users of buildings, and will provide for the use of modern methods, devices, materials, techniques and practicable maximum energy conservation. (2) The regulations adopted pursuant to this chapter shall include structural standards; standards for the installation and use of mechanical, heating and ventilating devices and equipment; and standards for prefabricated structures; and shall, subject to ORS 455.210 (1) to (5), prescribe reasonable fees for the issuance of building permits and similar documents, inspections and plan review services by the Department of Consumer and Business Services. (3) This chapter does not affect the statutory jurisdiction and authority of the Workers' Compensation Board, under ORS chapter 654, to promulgate occupational safety and health standards relating to places of employment, and to administer and enforce all state laws, regulations, rules, standards and lawful orders requiring places of employment to be safe and healthful. (4) This chapter and any specialty code does not limit the authority of a municipality to enact regulations providing for local administration of the state building code; local appeal boards; fees and other charges; abatement of nuisances and dangerous buildings; enforcement through penalties, stop- work orders or other means; or minimum health, sanitation and safety standards for goveming the use of structures for housing, except where the power of municipalities to enact any such regulations is expressly withheld by statute. Pursuant to the regulation of dangerous buildings, a municipality may adopt seismic rehabilitation plans that provide for phased completion of repairs that are designed to provide improved life safety but that may be less than the standards for new buildings. [Formerly 456.755; 1991 c.227 s.2; 1991 c.310 s.2; 1995 c.304 s.1; 1995 c.400 s.5] EXCERPT FROM 1997 OREGON REVISED STATUTES 455.153 Municipality authority to administer specialty code or building requirements; effect on juresdiction of agencies. (1) A municipality may administer any specialty code or building requirements as though the code or requirements were ordinances of the municipality if the municipality is authorized to administer: (a) The specialty code under ORS chapter 447 or 455 or ORS 479.510 to 479.945. (b) Mobile or manufactured dwelling parks requirements adopted under ORS 446.062. (c) Temporary parks requirements adopted under ORS 446.105. (d) Manufactured dwelling installation, support and tiedown requirements adopted under ORS 446.230. (e) Park or camp requirements adopted under ORS 455.680. (2) Administration of any specialty code or building requirement includes all administrative and judicial aspects of enforcement of the code or requirement. Nothing in this section affects the concurrent jurisdiction of the Director of the Department of Consumer and Business Services, the Building Codes Structures Board, the State Plumbing Board, the Manufactured Structures and Parks Advisory Board, or the Electrical and Elevator Board to impose civil penalties for violations committed within municipalities. [1995 c.190 s.2] Note: 455.153 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation. taeviseci AGENDA ITEM # 1 FOR AGENDA OF 10/12/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Photo Radar PREPARED BY: Ron Goodvaster DEPT HEAD OK CITY MGR OK w ISSUE BEFORE THE COUNCIL T -he purpose of'Uhis agenda iiern is to receive Council adthoritiy to research photo radar anal to put together an implementation plan for its use in the City of Tigard. We would then be coming back to the Council for approval of its use and for the approval of the contract with the selected vendor. STAFF RECOMMENDATION Staff recommends Council approval. INFORMATION SUMMARY Although photo radar has been used in other parts of the United States for several years, its use became legal in Oregon in 1995. Initially the legislature only authorized the cities of Portland and Beaverton to use the technology. The 1997 Legislative Session added no additional cities, and it wasn't until the 1999 Session that its use was extended to Tigard and four other Oregon cities. In 1996, a Tigard Citizens Traffic Calming Committee recommended the use of photo radar to reduce speeds on neighborhood streets in the City of Tigard. The 1999 Legislative Session also approved the use of photo red light in Tigard and five other Oregon cities. We intend on coming back to the Council for approval to research its use in Tigard, after photo radar has been implemented. If the approvals are received, it may be 5 to 7 months before photo radar is implemented and another 4 to 6 months to implement photo red light. Photo radar reduces speeding and accidents and increases neighborhood liveability. In the following cities that use photo radar, speeds were reduced significantly. In Portland, the percentage of vehicles exceeding the posted speed by 10 miles per hour was reduced 27% where photo radar. was used and increased 12% in areas where it wasn't used. In Beaverton, the percentage of drivers exceeding the posted speed of 30 miles an hour declined 28% where it was used and increased by 16% on streets where it wasn't. Studies from other cities that use photo radar also reflect these types of reductions in speed. The photo radar taw is very specific aboui how, where, and when photo radar car, be used and specifies the procedures as to how radar citations can be issued and challenged. The cost to implement photo radar may include an additional court clerk, computer programming and additional work space. The vendor we contract with receives their money from a percentage of the fines collected. The research to be conducted, with the Council's approval, would specifically identify the City's cost for start up. After a request for proposal and bid process, we would identify a vendor to provide the service and ask for Council to approve their contract with us. One of the more important aspects of using photo radar is the public education and awareness of its use and the continuing efforts to keep the public informed. This part we take as being extremely important and plan on using a variety of means to inform the public. We have already spent time with the City of Portland and the City of Beaverton researching their use of photo radar and are prepared to conduct the more indepth and significant research with the Council's approval. OTHER ALTERNATIVES CONSIDERED Not to approve this request. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Under the City's Visioning Plan, Goal #1, under Traffic and Transportation is the lowering of neighborhood speeds. This technology would specifically address that concern. FISCAL NOTES To be determined during the research analysis phase. is 6WMde\wm.dot PHOTO P%ADAR Q. Why do we need photo radar? A. The number one traffic complaint among neighborhood residents is speeding. Why are residents so concerned? Because speeding cars threaten the safetv of our children and compromise the livability of our neighborhoods. Q. What is photo radar? A. Photo radar is simply another way to enforce speed laws. It is operated out of a marked police van by a trained Police Officer. Photo radar combines a camera, radar and a reader board that displays the speed of each passing vehicle. If a speed- ing car is detected, a picture is taken of the driver and license plate. The registered owner then gets a ticket in the mail. Q. Where will photo radar be used? A. By law, photo radar can be used on any street or roadway within the City if the governing body makes a finding that speeding has had a negative impact on traffic safety in those areas. Q. What do 1 do if 1 get a ticket? A. A photo radar ticket is no different from any other speeding ticket. You can pay the fine or appear in court. Q. What if 1 was not driving my car? A. If you are the registered owner of the car, and someone else was driving your car, you may sign a Certificate of Innocence and mail it along with a legible photocopy of your driver's license. The ticket will be dismissed and the negative and any existing picture will be destroyed. Q. What if the citation is issued to my business or public agency? A. Oregon Law authorizes the citation issued to your business or public agency to be dismissed if you complete the Affidavit of Non- Liability identifying the driver. The citation may then be issued to the driver. Q. If 1 have a question about speeding or photo radae, who do I call? A. Photo radar questions will be an- swered by City of Tigard personnel at (503) 639-6168. Q. What if I have questions regarding my court elate anal/or payments? A. Read the back of the citation, then if you still have questions, call the Tigard Municipal Court at (503) 639-4171 x380. 70th OREGON LEGISLATIVE ASSEMBLY-1999 Regular Session (Including Amendments To Resolve Conflicts) B-Engrossed House BRI 3085 Ordered by the Senate July 2 . Including House Amendments dated April 26 and Senate Amendments dated July 2 Sponsored by Representative PATRIDGE SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure. Authorizes certain cities to operate photo radar systems. Requires cities to post signs an- nouncing use of photo radar. Directs Department of Transportation to establish pilot program to determine effect of increasing fines in safety corridors. Defines school zone. Specifies conditions necessary for offense of violating speed limit in school zone- 1 A BILL FOR AN ACT 2 Relating to enforcement of traffic laws; creating new provisions; and amending ORS 810.438, 810.439, 3 811.105, 811.106, 811.123, 811.124 and 811.235 and section 37, chapter Oregon Laws 1999 4 (Enrolled Senate Bill 20). 5 Be It Enacted by the People of the State of Oregon: 6 SECTION 1. ORS 810.438 is amended to read: 7 810.438. (1) The following jurisdictions may, at their own cost, operate photo radar: 8 (a) Albany. 9 [!a)1 (b) [City oA Beaverton. f 10 (c) Bend. 11 (d) Eugene. 12 (e) Medford. I 1s 1(b)1 (f) [City oA Portland. 14 (g) Tigard. 15 (2) A photo radar system operated under this section: 16 (a) May be used on streets in residential areas or school zones. 17 (b) May be used in other areas if the governing body of the city makes a finding that speeding 18 has had a negative impact on traffic safety in those areas. 19 (c) May not be used for more than four hours per day in any one location. 2D (d) May not be used on controlled acce ss highways. 21 (e) May not be used unless a sign is posted announcing that photo radar is in use. The 22 sign must be on the street on which the photo radar unit is being used and must be no closer 23 than 100 yards and no farther than 400 yards from the location of the unit. 24 SECTION 2. ORS 810.439 is amended to read: NOTE: Matter in boldfaeod type in an amended section is new; matter (italic and bmekei4 is e3datina law to be omitted. tiew sections are in boldfaced type. LC SM i BEng. HB 3085 1 810.439. (1) Notwithstanding any other provision of law,' in the jurisdictions (authorised to use] 2 using photo radar: 3 (a) A citation for speeding may be issued on the basis of photo radar if the following conditions am I 4 are met: 5 (A) The photo radar equipment is operated by a uniformed police officer. 6 (B) The photo radar equipment is operated out of a marked police vehicle. 7 (C) An indication of the actual speed of the vehicle is displayed within 150 feet of the location 8 of the photo radar unit. 9 (D) Signs indicating that speeds are enforced by photo radar are posted, so far as is practicable, 10 on all major routes entering the jurisdiction. 11 (E) The citation is mailed to the registered owner of the vehicle within six business days of the 19 alleged violation. 13 (F) The registered owner is given 30 days uom the dat° the citaation is mailed to respond to the 14 citation. 15 (G) If the person named as the registered owner of a vehicle in the current records of the De- 16 partment of Transportation fails to respond to a citation issued under this subsection, the provisions 17 of ORS 153.555 shall apply, and a judgment may be entered for failure to appear after notice has 18 been given that the judgment will be entered. ® 19 . (b) A rebuttable presumption exists that the registered owner of the vehicle was the driver of 20 the vehicle when the citation is issued and delivered as provided in this section. 21 (c) A person issued a citation under this subsection may respond to the citation by submitting 22 a certificate of innocence or a certificate of nonliability under subsection (3) of this section or may 23 make any other response allowed by law. ANN, mom 24 (2) A citation issued on the basis of photo radar may be delivered by mail or otherwise to the 25 registered owner of the vehicle or to the driver. 26 Wa) If a registered owner of a vehicle responds to a citation issued under subsection (1) of this 27 section by submitting a certificate of innocence within 30 days from the mailing of the citation 28 swearing or affirming that the owner was not the driver of the vehicle and a photocopy of the 29 owner's driver license, the citation shall be dismissed. The citation may be -reissued if the jurisdic- 30 tion verifies that the registered owner appears to have been the driver at the time of the violation. 31 (b) If a business or public agency responds to a citation issued under subsection (1) of this sec- 32 tion by submitting a certificate of nonliability within 30 days from the mailing of the citation stating 33 that at the time. of the alleged speeding violation the vehicle was in the custody and control of an 34 employee or was in the custody and control of a renter of lessee under the terms of a rental 35 agreement or lease, and if the business or public agency provides the driver license number, name 36 and address of the employee, renter or lessee, the citation shall be dismissed with respect to the 37 business or public agency. The citation may then be issued and delivered by mail or otherwise to 38 the employee, renter or lessee identified in the certificate of nonliability. 39 (4) The penalties for and all consequences of a speeding violation initiated by the use of photo 40 radar are the same as for a speedingg, violation initiated by any other means. 41 (5) A registered owner, employee, renter or lessee against whom a judgment for failure to appear 42 is entered may move the court to relieve the owner, employee, renter or lessee from the judgment 43 as provided in ORS 153.555 if the failure to appear was due to mistake, inadvertence, surprise or 44 excusable neglect. 45 SECTION S. ORS MASS and 810.439 are added to and made a part of OIiS chapter 810. 121 B-Eng. l1B 3085 1 SECTION 4. Section 5 of this 1999 Act is added to and made a part of ORS chapter 811. 2 SECTION 5. (1) In order to deterrmAne the effect of increasing fines in safety corridors, 3 signs shall be posted in two safety corridors chosen by the Department of Transportation 4 indicating that fines for traffic offenses committed in those safety corridors will be doubled. 5 (2) In establishLg minimum bail amounts under OILS 1.520 for traffic offenses that occur 6 in the safety corridors designated by the department under subsection (1).of this section, the 7 Supreme Court shall: 8 (a) Double the fine portion of the bail amount established for the same offense occurring 9 outside of the designated safety corridors and 30 (b) Add the amount of the unitary assessment under ORS 137.290 and the amount of the 11 county assessment under ORS 137.309 that are appropriate to the fine portion of the bail r- amount for the offense if the offense occurs outside of the designated sa+ ety corridor-- is (3) This section applies to the following offenses if committed in the designated safety 14 corridors: 15 (a) Class A or Class B traffic infractions. 16 (b) Class C or Class b traffic infractions related to exceeding a legal speed. 17 (c) Major traffic offenses as defined in ORS 163.500. 18 SECTION 5a. If Senate Bill 20 becomes law, on January 1, 2000, section 5 of this 1999 Act is 19 amended to read: 20 Sec. 5. (1) In order to determine the effect of increasing fines in safety corridors, signs shall 21 be posted in two safety corridors chosen by the Department of Transportation indicating that fines 22 for traffic offenses committed in those safety corridors will be doubled. 23 [(2) In establishing minimum bail amounts under-ORS 1.520 for trofc offenses that occur in the 24 safety corridors designated by the department under subsection (1) of this section, the Supreme Court 25 shall.] 25 [(a) Double the fine portion of the bail amount established for the same offense occurring outside 27 of the designated safety corridors; and] 28 . [(b) Add the amount of the unitary assessment under ORS 137.290 and the amount of the county 29 assessment under ORS 137.309 that are appropriate to the fine portion of the bail amount for the of- 30 fense if the offense occurs outside of the designated safety corridors.] 31 (2)(a) The base fine amount for a person charged with an offense that is listed in sub- 32 section (3)(a) or (b) of this section and that is committed in a safety corridor shall be the 33 amount established under sections 34 to 39, chapter Oregon Laws 1999 (Enrolled 34 Senate Bill 20), based on the foundation amount calculated under section 37, chapter 35 o, Oregon Laws 1999 (Enrolled Senate .13111 20). The minimum fine for a person con- 36 victed of an offense that is listed in subsection (3)(a) or (b) of this section and that is com- f 37 mitted in a safety corridor is the base fine amount so calculated. 38 (b) The minimum fine for a person convicted of a misdemeanor offense that is listed in 39 subsection (3)(c) to (g) of this section and that is committed in a safety corridor is 20 percent 40 of the maximum fine established for the offense. 41 (c) The minimums fine for a person convicted of a felony offense that is listed in sub- 42 section (3)(c) to (g) of this section and that is committed in a safety corridor is two percent 43 of the maximum fine established for the offense. 44 (3) This section applies to the following offenses if committed in the designated safety corridors: 45 (a) Class A or Class B traffic [infractions] violations. 131 ' 13-Eng. HB 3085 , 1 (b) Class C or Class D traffic (infractions) violations related to exceeding a legal speed. 2 3 [(c) Mojor traffic offenses as defined in ORS 153.500.1 (c) Reckless driving, as defined in ORS 811.140. 4 (d) Driving while under the influence of intoxicants, as defined in ORS 813.010. 5 (e) Failure to perform the duties of a driver involved in an accident or collision, as de- b scribed in ORS 811.700 or 811.705. 7 M Criminal driving while suspended or revoked, as defined in ORS 811.182. 8 (g) Fleeing or attempting to elude a police officer, as defined in ORS 811.540. 9 SECTION 5b. Nothing in the amendments to section 5 of this 1999 Act by section 5a of 10 this 1899 Act affects the repealing provisions of section 6 of this 1999 Act. 11 SECTION 5e. If Senate Bill 20 becomes law, section 37, chapter . Oregon Laws 1999 12 (Enrolled Senate Rill 20), is amended to read: 13 See. 37. If a person is charged with a traffic offense, and the enforcement officer issuing the 14 citation notes on the citation that the offense occurred in a highway work zone jmd is subject to 15 the provisions of ORS 811.230, [or] occurred in a posted school zone and is subject to the provisions 16 of ORS 811.235, or occurred in a safety corridor and is sxubject to the provisions of section 5 17 of this 1999 Act, the foundation amount to be used in calculating the base fine under sections 34 18 to 39, chapter Oregon Laws 1999 (Enrolled Senate Bill 20), [of this 1999 Act] is 80 19 percent of the maximum fine established for the violation. 20 SECTION 5d. If Senate Bill 20 becomes law, section 37, chapter Oregon Laws 1999 21 22 (Enrolled Senate Bill 20), as amended by section Sc of this 1999 Act, is amended to read: Sec. 37. If a person is charged with a traffic offense, and the enforcement officer issuing the 23 citation notes on the citation that the offense occurred in a highway work zone and is subject to ARM 24 the provisions of ORS 811230, or occurred in a posted school zone and is subject to the provisions low 25 of ORS 811.235, [or occurred in a safety corridor and is subject to the provisions of section 5 of this 26 1999 Act,] the foundation amount to be used in calculating the base fine under sections 34 to 39, 27 chapter Oregon Laws 1999 (Enrolled Senate Bill 20), is 80 percent of the maximum fine 28 established for the violation. 29 30 SECTION 5e. The amendments to section 3.7, chapter o-, Oregon Laws 1999 (En. rolled Senate Bill 20), by section 5d of this 1999 Act become operative on December $1, 2001. 31 SECTION 6. Section 5 of this 1999 Act is repealed on December 31, 2001. 32 SECTION 7. Section 8 of this 1999 Act is added to and made a part of ORS chapter 801. 33 SECTIONS. "School zone means a specific section of highway where a reduced speed 34 limit may be in effect because the section of highway passes a school or a school crosswalk. 35 A school zone begins at the location of a sign that indicates a school zone speed limit and 36 ends at the location of a sign that indicates a different speed limit or that indicates the end 37 38 of the school zone. SECTION 0. Section 10 of this 1999 Act is added to and made a part of ORS chapter 811. 39 SECTION 10. (1) A. person commits the offense of violating the speed limit in a school 40 zone H the perm drkme a motor vehicle at a speed greater than 20 miles per hour in a 41 school zone and- 42 (a) A flashing light described in ORS 811.106 is' operating, or 43 (b) Children are present. 44 (2) The offense described in this section, violating the speed limit in a school zone, is 45 punishable as provided in ORS 811.109. 141 B-Eng. HB 9085 1 SECTION 11. ORS 811.124 is amended to read: 2 811.123. For purposes of provisions of (ORS 811.105 and 811.1231 section 10 of this 1899 Act 3 dealing with permissible speeds (when passing) in a school (grounds or a school crosswalk) zone, 4 children are present at any time and on any day when children are: (in a place where they are or 5 can reasonably be expected to be visible to a person operating a motor vehicle that is passing a school 6 ground or a school crosswalk.) 7 (1) Occupying or walking within a emsswalk; 8 (2) Waiting on the curb or the shoulder of the highway at a crosswalk; 9 (3) Present on or beside or walking along a highway, either on the adjacent sidewalk or, 10 f4 there is no sidewalk, on the shoulder of the highway; or 11 (4) On an exterior unfenced portion of a school grounds and within 6o feet of a highway. SEC:?^l: 12. ^vnS 811.105 i8 amended to read: 13 811.105. Any speed in excess of any of the following designated speeds is prima facie evidence 14 of violation of the basic speed rule under ORS 811.100: 15 (1) Any speed posted by authority granted under ORS 810.180. 16 (2) If no speed is posted, any speed in excess of one of the following designated speeds is prima 17 facie evidence of violation of the basic speed rule: 18 (a) Fifteen miles per hour when driving on an alley. 19 (b) Twenty miles per hour in a business district. 20 ((c) Twenty miles per hour when passing school grounds or a school crosswalk if notice of the 21 grounds or crosswalk is indicated plainly by traffic control devices conforming to the requirements es- 22 tablished under ORS 810.200 and posted under authority granted by ORS 810.210 and:] t' 23 ((A) Children are present, as described in ORS 811.124, or] 24 [B) A flashing light used as a traffic control device and operated under ORS 811.106 indicates 25 that children may be arriving at or leaving school.] 26 [(d)] (c) Twenty-five miles per hour in any public park. 27 ((e)] (d) Twenty-five miles per hour on a highway in a residence district if. 28 (A) The residence district is not located within a city or within an urban growth boundary that 29 is in a county with a population greater than 100,000; and 90 (B) The highway is neither an arterial nor a collector highway. 31 ((f)] (e) Sixty-five miles per hour on any rural interstate highway. 32 [(g)] (O Fifty-five miles per hour in locations not otherwise described in this section. 33 SECTION 13. ORS 811.106 is amended to read: 34 811.106. A flashing light used as a traffic control device to indicate that children may be arriv. 35 ing at or leaving school that is operated to give notice under ORS [811.105, 811.123 or] 811235 or 36 section 10 of this 1999 Act shall be operated only at times when children are scheduled to arrive 37 at or leave the school. 38 SECTION 14. ORS 811.123 is amended to read: 39 811.123. (1) A person commito the offense of violating a maximum speed limit in an urban area 40 if the person drives a vehicle upon a highway in any city or upon a highway within an urban growth 41 boundary that is in a county with a population greater than 100,000 at a speed greater than any 42 speed posted by authority granted under ORS 810.180 or, if no speed is posted, the following. 43 (a) Fifteen miles per hour when driving on an alley. 44 (b) Twenty miles per hour in a business district. 45 ((c) Twenty miles per hour when passing school grounds or a school crosswalk if notice of the 151 % B-Eng. HB 3085 i grounds or crosswalk is indicated plainly by traffic control devices conforming to the requirements es- 2 tablished under ORS 810.200 and posted under authority granted by ORS 810.210 and:] lamb, 3 [(A) Children a: a present, as described in ORS 811.124; or] mll= 4 [(B) A /lashing light used as a traffic control device and operated under ORS 811.106 indicates 5 that children may be arriving at or leaving school-] 6 [(d)1 (c) Twenty-five miles per hour in any public park. 7 [(e)1 (d) Twenty-five miles per hour on a highway in a residence district if the highway is not _ 8 an arterial highway. 9 [(p) (e) Sixty-five miles per hour on any rural interstate highway. 10 1(9)1 (f) Fifty-five miles per hour in locations not otherwise described in this section. 11 (2) This section does not authorize speeds higher than those required for compliance with the 12 basic speed rule. 13 (3) This section does not apply on a state highway. 14 (4) The offense described in this section, violating a maximum speed limit in an urban area, is M punishable as provided in ORS 811.109. 16 SE_ ClION 16. ORS 811.235 is amended to read: 17 811.235. (1) If signs authorized by ORS 810.245 are posted, the bail or fine for a person charged 18 with or convicted of a traffic offense that occurs in a school zone shall be at least the amount es- 19 tablished by the Supreme Court pursuant to subsection (2) of this section. 20 (2) In establishing minimum bail amounts under ORS 1.520 for traffic offenses that occur in a 21 school zone, the Supreme Court shall: 22 (a) Double the fine portion of the bail amount established for the same offense occurring outside 23 of a school zone; and 24 (b) Add the amount of the unitary assessment under ORS 137.290 and the amount of the county 25 assessment under ORS 137.309 that are appropriate to the fine portion of the bail amount for the 26 offense if the offense occurs outside of a school zone. 27 (3) This section applies to the following offenses if committed in a school zone: 28 (a) Class A or Class B traffic infractions. 29 (b) Class C or Class D traffic infractions related to exceeding a legal speed. 30 (c) Major traffic offenses as defined in ORS 153.500. b this sec- 32 (4) A court shall not waive, reduce or suspend the amount of bail or fine required by 32 tion. 33 (5) For purposes of this section, a traffic offense occurs in a school zone if the offense occurs 34 while the motor vehicle is [passing school grounds or a school crosswalk] in a school zone, notice 35 of the [grounds or crosswalk] school zone is indicated plainly by traffic control devices ORS 36 to the requirements established under ORS 810.200 and posted under authority gran 37 810210 and: 38 (a) Children are present, as described in ORS 811.124 [in a pk= where thy are or should be 39 visible to a person operating a motor vehicle that is passing wJwol grounds or a school crosswalk]; 40 or 41 (b) A flashing light used as a traffic control device and operated under ORS 811.106 indicates 42 that children may be arriving at or leaving school. 43 (6) As used in this section, "the fine portion of the bail amoune means the offense minus the amount of the 44 established by the Supreme Court under ORS 1.520 for a particular 45 unitary and county assessments. (6) AGENDA ITEM # O FOR AGENDA OF October i'2. 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Neighborhood Sewer Extension Progmm Status Update PREPARED BY: G. Berry DEPT HEAD OK 0~ CITY MGR OK ISSUE BEFORE THE COUNCIL Progress report on the Neighborhood Sewer Extension Program. STAFF RECOMMENDATION That City Council direct staff to: 1.Continue the Neighborhood Sewer Extension Program and offer it as annexation occurs; and, 2. Extend the Incentive Program an additionahWoyears. INFORMATION SUMMARY The Neighborhood Sewer Extension Program has proven to be very successful. Since the program's inception in 1996, the program has provided sewer service to 116 of the 662 unserved residential lots within the City. A detailed progress report is attached. QTH R ALTERNATIVES CONSIDERED VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management Goal #2. Strategy: Adopt a plan for the orderly annexation of Walnut Island. Action Plan: Create a plan to evaluate and provide necessary infrastructure. FISCAL NOTES $500,000 is set aside from the unrestricted Sanitary Sewer Fund each year for these projects. The payments by owners for the fair share of the sewer extension cost are deposited back into the fund for future projects. i,%dtywtde%sumketmdstreport.doc Neighborhood Sewer Extension Program Status Update October 6, 1999 Background - The formation of a Local Improvement District (LID) for the installation sanitary sewer to serve an extensive area is the method typically used to provide those improvements. However, the LID method is usually not practical for the many small unsewered areas throughout the City, because of the extensive process that must be followed leading to high administrative costs. In 1996, the Tigard City Council created the Neighborhood Sewer Extension Program to construct these sewer extensions using the Reimbursement District concept provided in Tigard Municipal Code 13.09. In this program, the City installs public sewers to each lot within the Reimbursement District and the owners reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each owner is required to pay a connection fee (currently $2,335) before connecting to the line. Furthermore, each owner would be responsible for disconnecting the existing septic system according to County rules and for any other plumbing modifications necessary to connect to the public line. The program was initiated in May 1996 by mailing notice of the program to owners within unsewered portions the City. This was followed by presentations at Citizen Involvement Team meetings and an article in Cityscape. Procedure - A reimbursement district is usually initiated by an owner requesting service. City staff would request the owner to ask each of the other owners that could be served by the sewer if they support the project. If at least half of the owners support the project, staff would request City Council to conduct an informational public hearing, then establish a district if the hearing indicates support for the district. Upon approval of the district, staff would prepare a design for the sewer and hire a contractor to construct it. Once the construction is complete and final costs are determined, City Council would be requested to conduct a final hearing and accept the project. Upon acceptance, owners may connect to the sewer. Residents who do not connect to the sewer extension during the fifteen-year period after sewer is made available can connect anytime after that period without paying for the sewer extension costs. The connection fee and owner-related costs would still be in effect. Accomplishments to Date - Prior to the initiation of the sewer extension program, the number of developed residential lots in the City without sewer service stood at 662. The first project included the installation of four sewer services on Tigard Street followed by a second project providing twenty-eight services in the Fairhaven Street area. Since then, City Council has approved six other projects. Since the program's inception, the City has extended the sewer network to make sewer service available for a total of 116 lots. Some of the projects are currently under construction and should be completed during the next two months. Connections to the system should greatly increase following completion of ongoing construction work. The 116 sewer service additions would (upon completion) reduce the number of residential lots within the City without sewer service from 662 to 546. The following is the current status of the Reimbursement Districts under this program: Reimbursement District Sewer Service Provided Connections to Date Tigard Street Fairhaven Street/Way Hillview Street 106` & Johnson 100` & Inez Walnut &Tiedeman Beveland & Hermosa Del Monte & 103rd Total 4 28 2 9 7 18 25 22 116 2 12 1 'onstruction ft progre onstruction in proUe- ;onstruction in ro e ;onstruction in progre ;onstruction in pro e 15 To help promote the program, City Council established the Neighborhood Sewer Reimbursement District Incentive Program on October 13, 1998. Since the intent of the Neighborhood Sewer Extension Program is to have residents connect to the City's sewer system, the City Council was willing to subsidize the residents that connect to the system within a relatively short period of time. The incentive program limited the amount any owner would be required to pay for a share of the public sewer to $8,000 up to a maximum of $15,000 if the connection is completed within one year from when sewer service is first available. Any amount over the $15,000 would be the individual owner's responsibility. The incentive program applies to sewer connections provided through reimbursement districts established by October 12, 2000. Walnut Island. Annexation and Sewers - The process for annexation of Walnut Island and ancillary islands is well underway. The extension of sewer service into these areas is expected to cost approximately $4 million dollars. The use of the Neighborhood Sewer Extension Program would be possible only if the projects could be phased over the next 10 to 20 year period. The method of choice to provide sewer to the entire area within the next few years is still the formation of a Local Improvement District. Summary - The Neighborhood Sewer Extension Program has been an extremely successful program since its inception in 1996. There has been sufficient interest from Tigard residents Citywide for continuation of this program indefinitely. The incentive program is now in place and serves as encouragement to the residents for prompt connection to the City's sewer system. Staff recommends to City Council that the Neighborhood Sewer Extension Program be continued for at least the next five years, and that the Incentive Program be renewed for a three-year period following its expiration in October 2000. 1AEng%Gus\Reimbursement DlstriclsWoighborlwod Sewer Extension progrtm S!atus Update AGENDA ITEM # Cl FOR AGENDA OF October 12.199?9 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Nomination to Tualatin Valley Community Access~TVCAI Board DEPT HEAD OK /H--CITY MGR OK _ PREPARED BY: Liz Newton ISSUE BEFORE THE COUNCIL Nomination of Reid Iford to serve on the Tualatin Valley Community Access (TVCA) Board. STAFF RECOMMENDATION Direct staff to prepare a letter to TVCA nominating Reid Iford for a Board position. INFORMATION SUMMARY In the City Council's newsletter dated October 1, 1999 there was a letter from Tualatin Valley Community Access (TVCA) asking for nominations for directors for the TVCA Board. A copy of the letter is attached. Mayor Nicoli contacted staff and asked that Reid Iford be considered for this position. Staff contacted TVCA and learned that nominations can be forwarded to TVCA in a letter. Staff contacted Reid and he is interested in the nomination. Reid Iford has lived in the Tigard area for many years. He took his first video production class at Tigard High School in 1971. Reid has been involved in cable access television at four different studios in the last 10 years, primarily as a producer of programs. He currently owns a television studio. Reid produced "Seasoned Citizens" a program that covered senior issues as a volunteer. Her currently produces the Reid Iford Cigar Show. He has produced numerous documentaries including a children's show with students at Templeton School, coverage of Oregon City's first citywide clean up, and programs on the Willamette River as a potential drinking water source. As a print journalist, Reid has received 5 national awards, and 7 state awards for his work. Reid was a member of NPO#8 when he lived in Metzger in the 1980's. He currently resides in south Tigard. OTHER AI TERNATIVES CONSIDERED Make no recommendation on the nomination. VISION TASK FORCE GOAL AND ACTION COMNIITTEE STRATEGY Community Character and Quality of Life. Goal #1 volunteerism "City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community." FISCAL NOTES No fiscal impact on the City. LWM%JWAO Kn1089.doe .l J. SERVING Banks Beaverton Cornelius Durham Forest Grove Gaston Hillsboro King City Lake Oswego North Plains Rivergrove Tigard Tualatin Washington County Wilsonville OUR MISSION to strengthen the fabric of community life by providing communication tools, training and opportunities. r2n~ Tualatin Salle Item No. For Counall Newelatter dated Lommunl Access Your Center for Community Communication RECEIVED C.O.T. SEP 21 1999 September 19, 1999 Mayor Nicoli and members of the City Council City of Tigard 13125 SW Hall Blvd Tigard, OR 97223- Dear friends, We presently need to expand our board, and believe it is most appropriate for the Metropolitan Area Communications Commission (MACC) jurisdictions to contribute to this process. We are asking that you do so by nominating directors for TVCA. We are looking for people respected for their knowledge or expertise and who have a TVCA CHANNELS passion for community development. All TVCA directors need not have a technical -Tualatin Valley background; our desire is for diversity and depth of knowledge a::ut local interests. Our Washington County goal is to compose a representative, dynamic working group. on Access We envision that your nominee will connect us to your jurisdiction or to a segment of 43(5 Washington County whose voice you believe should be heard within TVCA. Board Public Access members are not expected to formally represent their jurisdiction, but to participate in a O 33 countywide effort to assure that TVCA reaches its entire service area. Public Access ®17 According to TVCA's bylaws, our Board elects its own members. We have nine slots we Community Access • would like to fill in the next few months. Should all fourteen MACC jurisdictions Network (CAN) engage in the nomination process, it may be your nominee would begin their service as a ® GO part of our ad hoc Advisory Committee and rotated into service as a Board opening Government Access becomes available. Government/Education I am enclosing a "job description" for your use. I also enclose a brief overview of our Access present directors, including their geographic and work-related information to help you see any gaps your nominee might fill. To assure continuity, these appointees initially will serve for a term of one, two or three years, with a second term renewable for three additional years at the member's and the Board's pleasure. 1815 NW 169th Place Suite 6020 Beaverton, Oregon 97006-4586 •i (503) 629-8534 Voice (503) 645-8561 Fax www.tvca.org Mayor Nicoli and Members of the City Council Page 2 As you know, TVCA is a vital, non-profit resource for all the people of the Tualatin Valley. Whether it is government, public or educational outreach and information, the six community access channels make sure that our citizens have a media voice. It is a great pleasure for me and for TVCA to serve your community. Patricia Dair, our Executive Director, will contact you in the near future to see if there is any more information we should provide for you to be able to act on our request. You also may contact her directly at 629-8534, Extension 105. Thank you very much for helping us continue to fulfill our mission to your citizens. May I thank you for your consideration. Very best regards, Dennis Griffiths, Chair Tualatin Valley Community Access Cc: Bruce Crest, MACC MACC Commissioners Patricia Dair TVCA Board of Directors Tualatin Valley Communif y Access JOE DESCRIPTION: BOARD MEMBER Responsibilities:. The board as a whole has the responsibility for governing the entire organization. The "board is responsible for determining agency policy in the following areas: Human Resources, Planning, Finance, Development, Community Relations and Operations. Board members share responsibilities in these key areas: Duman Resources 1. Board membership, which includes recruiting and orienting new board members; training, evaluating and recognizing existing board members; and providing board members with opportunities to grow and develop as leaders. 2. Selecting and supporting the Executive Director, including reviewing performance regularly and providing ongoing assistance as requested by the Executive Director. 3. Personnel policies, which include setting policy regarding salaries, benefits and grievance procedures. 4. Volunteer involvement, which includes setting policy regarding how the organization treats, recognizes and celebrates its volunteers. Planning 1. Set and review the organization's mission and goals on an annual basis. .2. Plan for the organization's future, on a long-term and short-term basis. 3. Decide and plan which projects and programs the organization will provide. 4. Evaluate the organization's programs and operations on a regular basis. Finance 1. Ensure financial accountability of the organization. 2. Oversee an ongoing process of budget development, approval and review.. 3. Manage and maintain properties and investments the organization possesses. Development 1. Ensure adequate resources to achieve the organization's mission and implement the organization's programs an4 projects. 2. Participate in fundraising activities bawd on die individual's skills and background. TU414tin Vallee Community Access JOB DESCRIPTION: BOARD MEMBER (CON'TDMED) Community Relations 1. Ensure that the. organization's programs and services appropriately address community/constituents' needs. .2. Promote the organization to the general public, including serving as an emissary of the organization to the community. 3. Promote cooperative action with other organizations, including activities and occasions when the organization should take part in coalitions, joint fundraising, etc. Operations 1. Ensure that the organization's administrative systems are adequate and appropriate. 2. Ensure that the board's operations are adequate and appropriate. 3.. Ensure that the organizational and legal structure are adequate and appropriate. 4. Ensure that the organization and its board members meet all applicable legal requirements. Requirements for Board Service: e A demonstrated interest in the organization's mission and goals. Specific experience and/or knowledge in at least one area: Human Resources, Planning, Finance, Development, Community Relations -or Operations. o Representative of a key aspect or segment of the population of the community. ® A willingness to expand knowledge or board responsibilities through orientation and ongoing training. o A willingness to represent the organization to the community. e Available six to ten hours per month, distributed approximately as follows: 3-4 hours Board meetings (preparation and attendance) 2-3 hours Committee meetings (preparation and attendance) 1-3 hours Special Requests ® A willingness to participate in board fundraising activities and make a financial contribution to the organization to the best of one's ability. . U:\Iorrie\shuttle\Board Items\Job Description for Board Members doc Rev.7/?5/97 Tualatin Valley Community Access Board Profile Grid P: Board and Committee Administration/t.eadership Committee 1999/Board Profile Grid 1999.)ds Updated 3:39 PM Page 1 of 2 Tualatin Valley Community Access Board of Directors (Updated 9/19/99) Lisa Conroy, Resource Development Committee Chair 2098 NL Jefferson Hillsboro, OR 97124 681-9834 (h) lisa.conroy@orst-edu Address Oregon State Extention Service 18640 NW Walker Road, #1400 Beaverton, OR 97006 725-2113 (w) 725-2100 (fax at work) Minje Ghim, Secretary/Treasurer Senior Project Manager/Substation & Transmission 495 SW 169" Place Engineering Branch Beaverton, OR 97006 US Department of Energy 645.8830 (h) Bonneville Power Administration 645-8830 (hm- fax) PO Box 3621 MPGhim®BPA.Gov Portland, OR 97208 230-5021 (w) 230-3212 (fax) Dennis Griffiths, Chair 1103 Birch Attorney at Law Forest Grove, OR 97116 Garland Law Offices 992-8337 (h) P.O. Box 1239 Hillsboro, OR 97123-1239 648-0707 (w) 693-1353 (fax) griff@garlandlaw.com Kathy Leslie 14225 SW Rochester Drive Executive Administrator for Community Involvement Beaverton, OR 97008 Beaverton School District 646-2008 (h) 16550 SW Merlo Rd. Beaverton, OR 97006 591-4360 (w) 591-4219 (fax) kathy_leslie®beavton.k12.or-us Anne Madden, Leadership Committee Chair Program Educator Washington County Department of Land Use and Transportation 155 N First St., Ste. 350-16 Hillsboro, OR 97124 693-4963 (w) 693-4412 (fax) anne_madden®co.washington.or.us 335 NW Torrey-view Drive Portland, OR 97229 292-3021 (h) ahosinski®aol.com (Over) ,0 , Page 2 of 2 Ed Ohlmann, Vice-Chair 15430 NW Satellite Drive Corporate Export Control Mgr. Banks, OR 97106 Tektronix, Inc. 324-1342 (h) 14150 S.W. Karl Braun Drive ed.ohlmann@tek.com PO Box 500, M/S 50-BLA Beaverton, OR 9707740001 627-5029 (w) 627-3700 (fax) jean Pence 1731 NW Irving St. Portland, OR 97299 224-4307(h) pencelj@teleport.com Agnes Ramos, Finance Committee Chair Jones & Roth, P.C. 5635 NE Elam Young Parkway, Suite 100 Hillsboro, OR 97124 648-0521 (w) 648-2692 (fax) AgnesR@jrcpa.com Marisol Rodriguez 7055 N.E. Davis Portland, OR 97213 255-8272(h) mrodriguez@mail2.cu-portland.edu. Tualatin Valley Community Access Non-Board Committee Members Primary Address/Phone/Fax/Email I Secondary Address Kurt Koehler, Resource Development Committee Men:Ser Intel Corporation, HF2-71 5200 Elam Young Parkway Hillsboro, OR 97124 696-7471 (w) 696-5634 (fax) Carolyn Winter, Resource Development Committee Member Executive Director St. Vincent Medical Foundation 9205 SW Barnes Rd Portland, OR 97225 216-2227 (w) 216-4140 (fax) P. Board and Committee Administration/Board Roster/Board Rosw 98.99.doe 09/19/99 AGENDA ITEM # FOR AGENDA OF Oct I2. 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Right=of-Way Acouisition~ig PREPARED BY: Vannie Nsuveen DE T HEAD OK : III1L!1 V V 011101RJ - 1 11OJ A MGR OK: Bil nahan ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the contract amendment to add right-of-way acquisition services for the improvements on Gaarde Street - Phase 1 (from Walnut Street to the northerly boundary of the Quail Hollow subdivision)? STAFF RECOMMENDATION The staff recommends the Local Contract Review Board, by motion, approve the contract amendment to the consultant contract with Century West Engineering Corporation in the amount of $25;350.00. INFORMATION SUMMARY The existing Gaarde Street is a Major Collector that runs in an easterly direction and provides connection between 121st Avenue and Highway 99W. Significant portions of the street are substandard in width and the sight distances at several locations are inconsistent with the requirements for a Major Collector. Gaarde Street has been extended northwesterly from its intersection with 121st Avenue to the northerly boundary of the Subdivision Plat of Eagle Point subdivision and will be further extended to the northerly boundary of the Quail Hollow subdivision. A new street is proposed for construction from Walnut Street to the Quail Hollow subdivision to complete the last leg of the Gaarde Street extension and to provide a direct west-east connection between Walnut Street and Highway 99W. The existing segment of Gaarde Street is proposed for widening and for reconstruction to its ultimate section. In the Council meeting on May 25, 1999, the Local Contract Review Board approved two contract awards to two consultants to provide engineering design services for the project. The limit of work for the consultants was divided as follows: Phase I (from Walnut Street to the northerly boundary of the Quail Hollow subdivision): Century West Engineering Corp. Phase II (from 12151 Avenue to Highway 99W): TriLand Design Group, Inc. There are eight parcels impacted by the Gaarde Street - Phase I project: Four parcels will have strip taking of right-of--way along the property frontage. Three parcels will be minor property takings along the frontage access driveways to "flag' lots. One parcel will require a consent to use of easement over an access easement granted by an adjacent property. The right-of-way acquisition service proposed by Century West includes project management and administration, appraisal, acquisition and assistance with the condemnation process if necessary. The staff believes that Century West has the capabilities, qualifications and resources to perform the required services. The right-of-way acquisition service can be contracted independently to a right-of-way consultant firm. However, coordination between two consultants has been a problem in the past. It would be more efficient if the same engineering firm is held responsible for both the design and land acquisition to ensure that conditions of purchase are reflected in the design drawings. OTHER ALTERNATIVES CONSIDERED The staff could contract independently with a right-of-way consultant firm to provide the acquisition services. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This project meets the Tigard Beyond Tomorrow Transportation and Traffic Goals of "Improve traffic safety" and "Provide additional point of connectivity". FISCAL NOTES This project was funded in the amount of $650,000 in the FY 1999-00 Recommended Traffic Impact Fee for design and right-of-way acquisition. This amendment would increase the original contract of $107,299 to $135,649. A contract with Triland Corporation is also funded from this account in the amount of $148,822. The total amount of both contracts would be $284,471 after the amendment is executed. The balance of $365,529 would be reserved for any further amendments that may be required to either contract, and for some of the land acquisition that may be identified as a result of the design projects. I:\Citywide\Sum\Agenda Item for Gaarde Phase I Contract Amendment