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City Council Packet - 07/10/2001 Aa L CITY OF TIG D OREGON TIGARD CI'T'Y COUNCIL MEETING JULY 10, 2001 COUNCIL MEETING WILL BE TELEVISED 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 AGENDA TIGARD CITY COUNCIL STUDY MEETING ,uly i O) 2001 - 6:30 p.m. The Study Meeting Is held in the Red Rock Creels Conference Room. Enter at the back of Town Hall. lire Councl encourages interested dozens to attend all or part of the meeting. If the number of attendees exceeds the capadty of the Conference Room, the Council may move the Study Meeting to the Town Hall. > Review Health Insurance Coverage Options > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660 (d), Labor Relations. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. > Review Council Groundrules > ADMINISTRATIVE ITEMS: Update on the 1-5/217 Ribbon Cutting held today. Tonight's Meeting: Two letters distributed to the City Council representing written testimony for the public hearing on the formation of an EID (Agenda Item No. 9.) IN: 11, A Executive Session - The Public Meetings Law authorizes goveming bodies to meet In executive session in certain limited situations (ORS 192.660). An "executive session" Is defined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (a) - Employment of public officers, employees and agents, If the body has satisfied certain prerequisites. 192.660 (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (d) - Labor negotiations. (News media can be excluded in this Instance.) 192.660 (e) - Real property transaction negotiations. 192.660(0- Exempt public records - to consider records that are "exempt by law fi-om public inspection." These records are specifically identified in the Oregon Revised Statutes. 192-660 (g) - Trade negotiations - Involving matters of trade or commerce In which the goveming body Is competing with other goveming bodies. 192.660 (h) - Legal counsel - Executive session are appropriate for consultation with counsel conceming legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (1) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 Public investments - to cant' on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public Investments. 192.660 (k)- Relates to health professional regulatory board. i i i 1 1 1 i Mayor Griffith/City Council -err,,-r.~.«• + r~ri~. , ~ ~s ",P. k W F t~ HESS ? a,,,~ x * r~July, ~OL20~`rY CITY OF TICARD "yk'+'Pryc~q~ f x:'ri - C ~f r "sF t t ~ ~•'~-fI r I 2' ~Lh~ ~'r ~ x , c Tjq Apr N?..tt.IG~3~ 1''C "tax f 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 mm. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, Ext. 309 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, x309 (voice) or 503-684- 2772 (TDD - Telecommunications Devices for the Deaf). s SEE ATTACKED AGENDA COUNCIL AGENDA - July 10, 2001 page 1 AGENDA TIGARD CITY COUNCIL BUSINESS MEETING JULY 10, 2001 6:30 PM • STUDY MEETING > Review Health Insurance Coverage Options > Review Council Groundrules > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660 (d), Labor Relations. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 81 Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items Place at Non Agenda (Item No. 11) Announce Award to City of Tigard of Cook Park Grant for $250,000 and Consider Authorizing the Mayor to Sign the Intergovernmental Agreement with the State of Oregon, Oregon Parks and Recreation Department. 7:35 PM 2. RECOGNIZE MR. BRUCE ELLIS, FOUNDER OF THE TIGARD FESTIVAL OF BALLOONS a. Staff Report: Administration Department b. Council Comments C. Council Consideration - Resolution No. 01-40 7:40 PM 3. VISITOR'S AGENDA (Two Minutes or Less, Please) COUNCIL AGENDA - July 10, 2001 page 2 7:45 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: May 8 and 15, 2001. 4.2 Receive 8t File: a. Council Calendar b. Tentative Agenda 4.3 Authorize the City Manager to Submit an Application for a Land and Water Conservation Fund Grant for Improvements to Woodard Park - Resolution No. 01-41 4.4 [nitiate Vacation of Public Right of Way Located at SW Beveland Street at SW 72nd Avenue - Resolution No. 01-42 4.5 Amend Resolution No. 01-33 to Correct the Statement of Tigard's Permanent Property Tax Rate - Resolution No. 01-43 4.6 Waive Purchasing Rules 70.020, Screening and Selection Policy for Personal Services Contracts for the Building Division Inspection and Plan Review Contract with Winstead ax Associates and Electrical Inspection Services - Resolution No. 01-44 4.7 Local Contract Review Board: Award Personal Computer Contracts to Computer Technology Link, Caliber Computer Corporation, Northwest Computing and Precision Computers 4.8 Approve Acquisition of Property Owned by Gerald C. Cach and Nicholas Capistrano for Burnham Street Improvements 4.9 Approve Addendum to the City Manager's Employment Agreement o Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:50 PM 5. CONSIDER FEE ADJUSTMENT FOR LIQUOR LICENSE APPLICATION PROCESSING a. Staff Report: Police Department b. Council Discussion and Questions C. Council Consideration: Resolution No. 01-45 7:55 PM 6. CONSIDER THE ESTABLISHMENT OF A REVISED AND ENHANCED SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM a. Staff Report: Engineering Department b. Council Discussion and Questions C. Council Consideration: Resolution No. 01-46 COUNCIL AGENDA - July 10, 2001 page 3 8:00 PM 7. HEAR AN UPDATE ON THE BULL MOUNTAIN ANNEXATION WORK PLAN AND STUDY a. Staff Report: Community Development Department b. Council Discussion and Questions C. Council Direction to Staff Comments/Suggestions 8:10 PM 8. OREGON DEPARTMENT OF TRANSPORTATION - REVIEW SIGNAL LOOP REPLACEMENT PROJECT a. Staff Report: Administration Department b. Overview of Project: Oregon Department of Transportation C. Council Discussion and Questions 8:20 PM 9. CONTINUATION (FROM THE JUNE 12, 2001, CITY COUNCIL MEETING) OF PUBLIC HEARING - CONSIDERATION OF THE FORMATION OF AN ECONOMIC IMPROVEMENT DISTRICT (EID) TO ESTABLISH A FRAMEWORK FOR THE TIGARD CENTRAL BUSINESS DISTRICT (TCBDA) TO CONTINUE TO PROMOTE AND REVITALIZE DOWNTOWN a. Announce that the Public Hearing is continued from June 12, 2001 b. Review of Proceedings by Staff. Community Development Department C. Public Testimony (Proponents, Opponents) (Review of information requested by the Tigard City Council at the June 12, 2001, Hearing.) d. Recommendation by Community Development Director e. Council Questions or Comments f. Close Public Hearing g. Council Consideration: A motion whether to proceed with formation of the district and schedule a second public hearing. 9:20 PM 10. COUNCIL LIAISON REPORTS COUNCIL AGENDA - July 10, 2001 page 4 9:25 PM 11. NON AGENDA ITEMS Announce Award to City of Tigard of Cook Park Grant for $250,000 and Consider Authorizing the Mayor to Sign the Intergovernmental Agreement with the State of Oregon, Oregon Parks and Recreation Department. (Council motion needed) 9:30 PM 12. EXECUTIVE SESSION: The Tigard City Council may go Into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statue. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 9:45 PM 13. ADJOURNMENT I: W D MkCATFMCCA\010710 D OC COUNCIL AGENDA - July 10, 2001 page 5 CITY OF TIGARD, OREGON AFFIIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, ggEte- A-. ~AS 1 dA begin first duly sworn, on oath, depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) 0/-/D which were adopted at the Council Meeting dated 7 - ID-- DI copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the _ -d2 day of -'20 61 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Library, 13125 SW Hall Blvd., Tigard, Oregon 3. Tigard Water Department, 8777 SW Burnham, Tigard, Oregon Subscribed and sworn to before me this __LL 'day of '200 1 OFFICIAL D L WISE Notary Public for Oregon ' NOTARY PUMWC-0F2EGDN COMMISSION NO. 920W2 MYCOMMISSIONEXPIRESFEB.lit2W3 My Commission Expires: Attachment I CITY OF TIGARD, OREGON ORDINANCE NO.01- 10 AN ORDINANCE CREATING A DOWNTOWN ECONOMIC IMPROVEMENT DISTRICT, ADOPTING AN ECONOMIC IMPROVEMENT PLAN FOR THE DOWNTOWN ECONOMIC IMPROVEMENT DISTRICT AND CALLING FOR A PUBLIC HEARING ON PROPOSED ASSESSMENTS AND SURCHARGES WHEREAS, The Tigard Central Business District Association requested that the City to create an economic improvement district in the downtown area (the "Downtown Economic Improvement District") and; WHEREAS, The City Council held public hearings on June 12, 2001, and July 10, 2001, on the issue of the formation of the Downtown Economic Improvement District and; WHEREAS, Written notice was provided to most property and business owners within the proposed district at least 30 days prior to the June 12 hearing and written notice was provided to all other property and business owners within the district at least 30 days before the July 10, 2001, hearing and; WHEREAS, The City Council has considered the testimony offered at the public hearings concerning the formation of the Downtown Economic Improvement District and; WHEREAS, The City Council has reviewed the Economic Improvement Plan for the proposed Downtown Economic Improvement District and; WHEREAS, The City Council has determined that the proposed economic improvements would result in a special and peculiar benefit to non-residential properties and businesses within the proposed Downtown Economic Improvement District different in kind and degree from that afforded to the general public, and therefore, that the Downtown Economic Improvement District should be established. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Downtown Economic Improvement District is hereby formed in the territory shown on the map attached hereto as Exhibit 1 and incorporated by this reference. ~I r SECTION 2. The Economic Improvement Plan for the Downtown Economic Improvement District attached hereto as Exhibit 2 and incorporated by this reference is hereby adopted. SECTION 3. Properties and businesses within the Downtown Economic Improvement District shall each bear a portion of the costs of the district. The annual amount proposed for assessment against non-residential properties within the district totals $26,667 ($27,104) per year, to be spread as detailed in Section 5 of the Economic Improvement Plan. The amount proposed to be paid as business tax surcharges is $26,667 ($27,104) per year. ORDINANCE No. 01- 17 Page 1 The remainder of the estimated $90,000 annual cost is to be paid by the City and by revenues generated by the Downtown Economic Improvement District. SECTION 4. Notice of proposed assessments and business tax surcharges shall be mailed or personally delivered to the owner of each lot to be assessed or business to be charged. The notice shall state the amount of the assessment proposed on the property of the owner receiving the notice, or the surcharge to the owner of the business receiving the notice, or both. SECTION 5. A public hearing shall be scheduled at which affected property owners or business owners may appear to support or object to the proposed charge. The notice required by Section 4 shall state the time and place of the public hearing, which shall be held no sooner than 30 days after the mailing or personal delivery of the notices. SECTION 6. The City Finance Director shall prepare the proposed assessment for each lot and file it with the City Recorder. SECTION 7. Assessments will not be made and the Downtown Economic Improvement District project will be terminated if written objections are received at or before the public hearing from owners of property upon which more than 33% of the total amount of assessments is levied or from more than 33% of persons conducting business within the economic improvement district who will be subject to the proposed business tax surcharge. This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By lMi V 1 vote of all Council members present after being read by number and title only, this 10'!' day -4.Jjt- , 2001. e thrnWheatley, ity Recor r APPROVED: By Tigard City Council this 10'~'-'day of , 2001. I V VFW Al *C=A 4"A Y;;~es E. G 'ffith, or Ap roved as to form: &v - Attorney Dat ORDINANCE No. 01-! O Page 2 ~o•' \ 13NOat - - s- . Y ' I 7-7-1 C= 1~ - '-J~ N + - GEOGRAPHIC INFORMATION S~STEY N. Economic Improvement District _ o~. Tigard Central Business District Association Area r f ie ~ "5 . Y O EXH[Brr 110, n vyj r / H F / /l o~ rr ti l +ro ~ tic s • V ~ \ ~ / H C / O-F RO I 1 I I dry ri e % r' V!i r f~ y 0 400 600 Feet 617 feet City of Tigard i Information on thn! map Is for geMral location only and --------~~-_-I•I erwua be verified with the Develo~ SHVicai Division. u,/* \ - II~'TI1 13125 SW HSI Blvd rg --1- I I _ - - ard, OR 97223 r._..~~ I, (503)6394171 `Of` , i II I i i { - nnpJnvww.U.tpard.a.ue _ Community Development Plot date: May 2, 2001; CAmagic\Magic03.apr Exhibit 2 CITY OF TIOARD Community Development MEMORAHDIIM ShaComunByter CITY OF TIGARK OREGON 13125 SW Hall Boulevard Tigard, Oregon 97223 (503) 639-4171 Fax 684-7297 TO: Mayor Griffith, City Council Members FROM: James N.P. Hendryx, Director of Community Development DATE: June 12, 2001 SUBJECT: Economic Improvement Plan - Tigard Central Business District Association The City Council adopted Ordinance 01-01 on April 10, 2001 creating Chapter 13.12 of the Tigard Municipal Code which establishes procedures for the creation of an Economic Improvement District. What is an Economic Improvement District? An Economic Improvement District is a type of assessment district in which property and/or business owners choose to be assessed a fee, collected by the City, for use in promoting and improving the business area. The concept of the Economic Improvement District is similar to a LID (Local Improvement District). However, rather than funding streets, sidewalks and other capital improvements as an LID does, an Economic Improvement District is meant to fund the many non-physical projects of a revitalization program. These might include: business retention and recruitment, planning, promotion/marketing, maintenance and management. In order to form an Economic Improvement District Council must adopt an Economic Improvement Plan which includes: 1. A description of economic improvements proposed to be carried out, with any appropriate phasing plan or schedule; 2. The number of years, to a maximum of five, in which assessments are proposed to be levied; 3. A preliminary estimate of annual cost of the proposed economic improvements; 4. The proposed boundaries designated by map or perimeter description of an Economic Improvement District within which subject properties would be assessed to finance the cost of the economic improvement; 5. The proposed formula for assessing the cost of economic improvements against subject properties. The formula may be an assessment based on the assessed value or area of the property involved, or a surcharge on the business tax on any business, trade, occupation or profession carried on or practiced in the Economic Improvement District, or both; Page 1 of 5 EMISSION ~Mlm 6. A statement whether the property assessment will be a voluntary assessment or mandatory assessment; A. If voluntary, that the scope and level of improvements could be reduced depending on the amount of money collected; B. If mandatory, that the assessment will be considered a tax under the Oregon Constitution, Article XI Section 11(b) and may be reduced to fit within the property tax limitation, thereby affecting the level and scope of services described. 7. If applicable, information about the organization requesting the creation of the Economic Improvement District; 8. Reasons why the Economic Improvement District should be created; 9. If applicable, a list of anticipated agreements between the proposed Economic Improvement District and other organizations; 10. The administration fee, if any, to be paid to the City for administering the Economic Improvement District. Following adoption of the enab!ing ordinance, two public hearings are required. The purpose of the first public hearing is to announce the intention of the City Council to undertake the economic improvement project and to assess benefited property for a part or all of the cost for such improvements. Public notice must be sent to all property and business owners advising of the hearing and explaining the EID/BID. This is the first forum where the whole community is able to provide public input on the EID/BID. The Oregon Downtown Development Association (ODDA) recommends avoiding efforts to change the proposal drastically at the first hearing since most owners already know what to expect and changing the proposal may shake their confidence in the proposal, as well as assessment amounts. The first public hearing is tentatively scheduled for July 10, 2001 (continued from June 12, 2001). The second public hearing must be held no sooner than 30 days after the initial hearing. The second hearing is tentatively scheduled for August 14, 2001, pending Council's action on July 10, 2001. At the second public hearing Council may approve the EID/BID, provided written remonstrances are not received from businesses and property owners who represent 33%, or more, of the total assessments to be collected. PROPOSED ECONOMIC IMPROVEMENT PLAN: 1. A description of economic improvements proposed to be carried out, with any appropriate phasing plan or schedule; The Tigard Central Business District Association states "the EID/BID will protect the investment that we've made in our community. It will enable us to help shape the future of the downtown and complete beautification projects that will ensure a stronger business climate, better jobs, and a more attractive community we can all be proud of." Proposed Program • Two part-time positions Downtown Manager and administrative support o Professional assistance from the Oregon Downtown Development Association • Flower baskets and street beautification • Increased recognition of the business community • Training seminars for businesses • Promotions (Easter, Sidewalk Sale, Halloween, Christmas, and Tigard Blast) o Clean and safe activities • Street amenities Page 2 of 5 b 2. The number of years, to a maximum of five, in which assessments are proposed to be levied; The EID/BID would be assessed for five years. 3. A preliminary estimate of annual cost of the proposed economic improvements; • Salaries $41,000 e Equipment $ 500 • Office $10,520 • Professional services $ 3,980 • Design & beautification $ 3,000 • Training $ 3,000 • Promotions $18,500 • Contingency 19.0 00 TOTAL $90,500 4. The proposed boundaries designated by map or perimeter description of an Economic Improvement District within which subject properties would be assessed to finance the cost of the economic improvement; Attachment 1 identifies the Tigard Central Business District Boundaries and the boundaries of the proposed EID/BID which are one in the same. 5. The proposed formula for assessing the cost of economic improvements against subject properties, which formula may be an assessment based on the assessed value or area of the property involved, or a surcharge on the business tax on any business, trade, occupation or profession carried on or practiced in the Economic Improvement District, or both; TCBDA is proposing a separate assessment for commercial property and business owners. Property assessment would be based upon the acreage of the property and whether they are on or off of Main Street and range from a low of $118 - $804 per year. Businesses would be assessed $132 - $170. The formula established a 25% differential for properties and businesses on and off Main Street. Main Street businesses and properties benefit to a higher degree than those off of Main Street and, therefore pay the higher rate. 6. A statement whether the property assessment will be a voluntary assessment or mandatory assessment; i Assessments would be mandatory. 6.8. If mandatory, that the assessment will be considered a tax under the Oregon Constitution, Article XI Section 11(b) and may be reduced to fit within the property tax limitation, thereby affecting the level and scope of services described; I I The consolidated tax rate for downtown Tigard is $6.4522, which is below the $10.00 limit. The proposed assessment for the Economic Improvement District when combined is the consolidate tax rate remains below the limitation. Page 3 of 0 7. If applicable, information about the organization requesting the creation of the Economic Improvement District; The Tigard Central Business District Association was formed on October 14, 1998 for the purpose of promoting the economic health and development of the Central Business District of Tigard. Regular updates on the activities and efforts of the Association have been reported to the Council since their formation. 8. Reasons why the Economic Improvement District should be created; It is an opportune time for downtown revitalization in Tigard through partnership efforts of the Tigard Central Business District Association (TCBDA) and the City. The downtown is experiencing a recent, and notable reinvestment in commercial properties. Other opportunities are emerging as well. This type of reinvestment shows belief in and commitment to the city's central core as a place to do business. The City has shown its commitment in the downtown by providing support to TCBDA. The Economic Improvement District creates a long-term partnership with business and commercial property owners for the continued strengthening of Tigard's downtown. 9. If applicable, a list of anticipated agreements between the proposed Economic Improvement District and other organizations; Not applicable. 10. The administration fee, if any, to be paid to the City for administering the Economic Improvement District. Funding for the TCBDA would come from four areas. Commercial property owners would contribute $26,667, business owners would contribute $26,667, and promotions would generate $10,000. The City's contribution is estimated at $26,667. However, should the City want to recover the costs for coordinating the billing of assessments, an additional $874 would need to be charged annually. Total business and commercial property owner assessments would increase to $27,104 respectively. The cost is for billing and receipting of assessments, and does not address any efforts to collect any delinquent accounts. Other considerations for creating an EID/BID • An EID may be an assessment on the value of the property or in may be a fee paid by property owners. The assessments cannot exceed 1% of the total assessed value of properties within the district. i { Total assessment value of the commercial properties within in the TCBDA equals $51,938,390. One percent of the assessed value equals $519,383.90. The total assessment proposed is $26,667. Only commercial properties may be assessed within the district. Prorating is required s for mixed-use properties containing residential uses. Only commercial properties or portions of mixed-use properties containing residential uses and businesses will be assessed under the proposed funding method. EID assessments may not include property in residential use. Residential properties will not be assessed. Page 4 of 5 o The EID must be established through City Council process. ❖ Two formal hearings are held by the City Council. ❖ Written objections called remonstrance from owners of 33% of the property upon which the total amount of assessment is levied stops the EID process. Two formal hearings will be held by Council to consider the formation of an EID/BID. The first will be held on July 10, 2001. The second is tentatively scheduled for August 14, 2001, at which time written remonstrances will be tallied in accordance to statute. Summary and Recommendation The Tigard Central Business District Association was formed in 1998 in an effort to promote and revitalize the downtown. Stable funding is critical for their continued success. The proposed Economic Improvement District establishes a framework for the TCBDA to continue their efforts. Staff recommends that Council proceeds with formation of the district and schedules the second public hearing. I:\cdadmin\jerree\jim\general\economic improvement plan.doc i I i I Page 5 of 5 4 , Agenda Item No. _ Meeting of MINUTES TIGARD CITY COUNCIL BUSINESS MEETING July 10, 2001 Mayor Griffith called the meeting to order at 6:32 p.m. Council Present: Mayor Griffith, Councilors Dirksen, Moore, Patton, and Scheckla. • STUDY SESSION ➢ Review Health Insurance Coverage Options Senior Human Resources Analyst Sherrie Burbank advised that health benefits for the City Council are included in the employee pool; therefore, it is no longer necessary for four out of the five Council members to participate in insurance benefits in order for other Council members to participate. Ms. Burbank noted that coverage would be changing per the new insurance plans offered by the City. She advised that Council members would need to fill out new enrollment forms. ➢ Review Council Groundrules Council discussed the current Groundrules set forth by Resolution No. 00-52. After discussion, it was determined that wording would be changed under the "Study Session" topic on Page 3 of Exhibit A to 00-52. The changes occur in the last two sentences. New wording shall be: "the decision on whether to continue the `discussion' or not shall be determined by the majority consensus of the Council members present. If Council discusses an agenda topic in a study session prior to that Council meeting, either the presiding offcer or City Manager will briefly state at the introduction of the agenda topic, the fact that Council discussed the topic in the study session and mention the key points of the discussion." It was noted that Council has not been consistent with application of the provisions of this section and more emphasis will be given to do so. COUNCIL MINUTES - July 10, 2001 page 1 There was discussion on Council statements and questions during review of agenda items. Councilor Moore clarified his concerns with Council discussion on agenda item topics in that he would like to see Council not stray in discussion and questions from the matter that is before them, because this widens the scope of what is being discussed. There was discussion on Mayor Griffith's role with regard to keeping discussions on point. The Mayor noted that he could "park questions" that may not appear to be directly associated with the matter being discussed. Council also discussed the need to call for a point of order around 9:30 p.m. If it appears that the remaining agenda items will go beyond 10 p.m. The Council may decide to continue the meeting or select items to be rescheduled to a later meeting. Mayor Griffith noted that the Council meetings are informal and he attempts to move items through quickly. Councilor Moore noted that the Council has been good at adapting to situations where sometimes a more formal demeanor is required. Councilor Patton complimented the Mayor on allowing each of the Councilors to give input on all topics. ➢ Administrative Items ■ Update on the 1-5/217 Ribbon Cutting The 1-5/217 Interchange Ribbon Cutting ceremony was held today and was well attended. There was some discussion on funds that may be available for transportation (approximately $400 million). Needs are noted in the Washington Square area and Highway 99. Approximately half of the $400,000,000 is slated to go to bridge repair, with the other half earmarked for preservation and modernization of roads. No guidelines have been established with regard to expenditure of these funds. The state has advised that they will be starting over with prioritization of projects. Approximately $20 million will be appropriated for the Portland area and $80 million will be allotted to Metro jurisdictions. There was some discussion about some state highways that could be improved and brought up to a better standard (Highway 99W, Hall Boulevard) and then have the City take over these roads from that point on. COUNCIL MINUTES July 10, 2001 page 2 71 Mayor Griffith said that these funds are scheduled to be appropriated by February 1, 2002. It was noted that the legislature funded commuter rail. ■ Mayor Griffith distributed new business cards and advised Council of his new office located on Greenburg Road in Tigard. City Recorder Note: Two letters were distributed to the Council representing written testimony on the formation of EID (agenda item #9). • EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 7:10 p.m. to discuss labor relations under ORS 192.660(1 d'. Executive Session adjourned 7:30 p.m. 1. BUSINESS MEETING 1.1 The meeting of the Tigard City Council 81 Local Contract Review Board was called to order by Mayor Griffith at 7:35 p.m. 1.2 Council Present: Mayor Griffith, Councilors Dirksen, Moore, Patton, and Scheckla 1.3 Pledge of Allegiance 1.4 Council Communications 8t Liaison Reports - None. 1.5 Call to Council and Staff for Non-Agenda Items - None. The City was awarded a $250,000 grant for improvements to Cook Park. Community Development Director Jim Hendryx reviewed a map of Cook Park and described some of the proposals with regard to the first phase of the Cook Park Master Plan, which included parking lot improvements, underground utilities, emergency access road and the butterfly meadow. In order to receive the grant monies, the City will need to authorize the Mayor to sign the intergovernmental agreement with the State of Oregon, Oregon Parks and Recreation Department. It was noted that there was widespread support for Tigard to receive this money with acknowledgement of the need coming from Representative Max Williams, Washington County Chairperson Tom Brian, and citizens in the community such as Phil Pasteris, Dave Nicoli, School Superintendent Steve Lauder, Bev Froude and John Anderson. City Manager Bill Monahan noted he was pleased with the City of Tigard being awarded this COUNCIL MINUTES - July 10, 2001 page 3 grant. He noted the efforts of Mr. John Anderson and City Associate Planner Duane Roberts. There was discussion on the timing of the four phases of Cook Park. It is anticipated that all four phases could be completed within four years; however, this will depend upon funding. Motion by Councilor Moore, seconded by Councilor Dirksen, to authorize the Mayor to sign the Intergovernmental agreement with the State of Oregon, Oregon Parks and Recreation Department. The motion was approved by unanimous vote: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 2. RECOGNIZE MR. BRUCE ELLIS, FOUNDER OF THE TIGARD FESTIVAL OF BALLOONS Mayor Griffith presented a resolution to Mr. Bruce Ellis expressing appreciation for his service and work done to produce the Tigard Festival of Balloons. Motion by Councilor Moore, seconded by Councilor Patton, to adopt Resolution No. 01-40 RESOLUTION NO. 01-40 - A RESOLUTION BY THE TIGARD CITY COUNCIL EXPRESSING APPRECIATION TO BRUCE ELLIS FOR THE SPLENDID QUALITY OF PUBLIC SERVICE THAT HE HAS PROVIDED TO THE COMMUNITY THROUGH HIS FOUNDING AND PRESERVATION OF THE TIGARD FESTIVAL OF BALLOONS. The motion was approved by a unanimous vote: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes COUNCIL MINUTES - July 10, 2001 page 4 Mr. Ellis addressed the Council noting that 100,000 people were estimated to have attended this year's event. He noted that this year they were able to raise $8,000 for a high school student who was injured and became paralyzed in a snow boarding accident. He noted this year they were also able to provide a balloon for disabled children to have tethered balloon rides. He appreciated the City's assistance for this event. Councilor Moore acknowledged Mr. Ellis's efforts and he said that he would like to see this event continue. 3. VISITOR'S AGENDA - None. 4. CONSENT AGENDA: Councilor Scheckla requested item 4.6 be discussed. This agenda item dealt with a personal services contract for Building Division inspection and plan review contract. Councilor Scheckla asked what would happen with this contract if there was a downturn in building activity. Building Inspector Gary Lampelia advised that the contract is only used on an as-needed basis. He explained that of his five inspectors, three were on leave for varying reasons for extended periods. He noted that he was relying on contractual expertise and then would reduce this reliance once the inspectors were able to return to work. Motion by Councilor Scheckla, seconded by Councilor Patton, to approve the Consent Agenda as follows: 4.1 Approve Council Minutes: May 8 and 15, 2001. 4.2 Receive & File: a. Council Calendar b. Tentative Agenda 4.3 Authorize the City Manager to Submit an Application for a Land and Water Conservation Fund Grant for Improvements to Woodard Park - Resolution No. 01-41 4.4 Initiate Vacation of Public Right of Way Located at SW Beveland Street at SW 72nd Avenue - Resolution No. 01-42 4.5 Amend Resolution No. 01-33 to Correct the Statement of Tigard's Permanent Property Tax Rate - Resolution No. 01-43 COUNCIL MINUTES - July 10, 2001 page 5 4.6 Waive Purchasing Rules 70.020, Screening and Selection Policy for Personal Services Contracts for the Building Division Inspection and Plan Review Contract with Winstead 8t Associates and Electrical Inspection Services - Resolution No. 01-44 4.7 Local Contract Review Board: Award Personal Computer Contracts to Computer Technology Link, Caliber Computer Corporation, Northwest Computing and Precision Computers 4.8 Approve Acquisition of Property Owned by Gerald C. Cach and Nicholas Capistrano for Burnham Street Improvements 4.9 Approve Addendum to the City Manager's Employment Agreement The motion was approved by a unanimous vote: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 5. CONSIDER FEE ADJUSTMENT FOR LIQUOR LICENSE APPLICATION PROCESSING Chief Ron Goodpaster presented the staff report, which is on file with the City Recorder. The proposed resolution would adjust the fee for liquor license application processing to the maximum allowable under ORS 471.166 without approval from the Oregon Liquor Control Commission. The maximum allowable is $25. Mr. Goodpaster recommended the City stay with the maximum allowable because the City of Tigard is not in a position to justify a higher fee. Motion by Councilor Patton, seconded by Councilor Dirksen, to adopt Resolution No. 01.45 RESOLUTION NO. 01-45 - A RESOLUTION OF THE TIGARD CITY COUNCIL ADJUSTING FEES FOR LIQUOR LICENSE APPLICATION. PROCESSING AND SUPERSEDING THOSE FEES ESTABLISHED IN RESOLUTION NO. 90-25. COUNCIL MINUTES - July 10, 2001 page 6 The motion was approved by a unanimous vote: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 6. CONSIDER THE ESTABLISHMENT OF A REVISED AND ENHANCED SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM City Engineer Gus Duenas presented the staff report, which is on file with the City Recorder. Mr. Duenas reviewed the proposed revisions to the Neighborhood Sewer Reimbursement District Incentive Program. There was brief Council discussion on the proposed changes. Motion by Councilor Patton, seconded by Councilor Scheckla, to adopt Resolution No. 01-46 RESOLUTION NO. 01-46 - A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM. The motion was approved by a unanimous vote: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes COUNCIL MINUTES - July 10, 2001 page LM IN11111111111111 7. HEAR AN UPDATE ON THE BULL MOUNTAIN ANNEXATION WORK PLAN AND STUDY Community Development Director Jim Hendryx reviewed the staff report, which Is on file with the City Recorder. His update included the annexation work plan and study. He reviewed the timeline of the work plan for looking at the issues involved in annexing the unincorporated Bull Mountain area. 8. OREGON DEPARTMENT OF TRANSPORTATION - REVIEW SIGNAL LOOP REPLACEMENT PROJECT Steve Harry and Larry Krettler of the Oregon Department of Transportation reviewed this agenda item with the Council. This signal loop replacement project will require a variance to the City's noise ordinance since this work will be done at night. The construction will occur at signals at three Tigard locations: SW 72"d at Hunziker Road, Highway 99 at Durham Road, and Highway 99 at McDonald/Gaarde. Mr. Krettler noted that the loops are old and are not functioning properly and the purpose will be to better synchronize lights in the City. There was discussion regarding the traffic problems that occur when the signal loops are not working properly. There was discussion on the public notice that will occur when the work will be performed. City Manager Bill Monahan noted that night construction was used for the grinding and paving of Highway 99 about a year ago. He noted that this project went well with no complaints from citizens. 9. CONTINUATION (FROM THE JUNE 12, 2001, CITY COUNCIL MEETING) OF PUBLIC HEARING - CONSIDERATION OF THE FORMATION OF AN ECONOMIC IMPROVEMENT DISTRICT (EID) TO ESTABLISH A FRAMEWORK FOR THE TIGARD CENTRAL BUSINESS DISTRICT (TCBDA) TO CONTINUE TO PROMOTE AND REVITALIZE DOWNTOWN a. Public Hearing Continued Mayor Griffith continued the public hearing from the June 12, 2001 Council meeting COUNCIL MINUTES - July 10, 2001 page 8 b. Review of Proceedings by Staff: Community Development Department Community Development Director Jim Hendryx reviewed the staff report, which Is on file with the City Recorder. The staff report contains a history of the process followed to date. Mr. Hendryx reviewed the proposal before the Council which is that the Council adopt an ordinance creating a downtown economic improvement district, adopting an economic improvement plan for the downtown improvement district, and calling for a public hearing on proposed assessments and surcharges. Mr. Hendryx reviewed the information on assessments. There was discussion on the past and the purpose for considering the economic improvement district at this time. Councilor Patton noted that the City had wanted participation from the Central Business District Association in determining their future. She noted the use of City resources but the need for buy-in from the downtown before this could proceed. The partnership would be split three ways financially with the total of $80,000 per year split among the City, business owners, and property owners. Mr. Hendryx noted that notice would be sent out to business and property owners so that they would know what their assessments would be. City Attorney Ramis clarified that a future hearing two assessment decisions will be considered by Council: whether to assess property owners, and whether to assess business owners. If property owners or business owners remonstrate in the amount of 33 percent of the total against the formation of the district, then the Council cannot consider formation. C. Public Testimony Forrest Johnson, 8965 SW Burnham, Tigard, Oregon, read a letter from Carl H. Johnson of 8965 SW Burnham Street, Tigard, Oregon, 97223. Mr. Johnson's letter noted that the proposed Economic Improvement DWct/Business Improvement District (EID/BID) offered nothing that wasn't currently available from existing resources. Mr. Johnson's letter also referred to the preference of approving something such as a local improvement district (LID) which buys something substantial and long- lasting. Richard Miller, 8970 SW Burnham, Tigard, Oregon, 97223, noted that he was a business and property owner on Burnham Street since 1974. He COUNCIL MINUTES - July 10, 2001 page 9 said that he was in favor of "something happening." He referenced something such as a "Main Street plan." However, he questioned the fact that the proposal before the Council would raise taxes for business owners by 70 percent. He also was concerned that the Downtown Association may not share the same economic goals as many of the business and property owners. Councilor Moore clarified in response to a comment from Mr. Miller that this Is not a "tax," but rather a way to raise to finance programs. Councilor Moore advised that this is an assessment by the downtown, for the downtown. ■ Mike Stevenson, 9040 SW Burnham, Tigard, Oregon, 97223, noted that he has been on the Burnham property for six months, but has owned a business in Tigard for 15 years. He advised that initially he was against the proposal, but noted that Mr. Elienson of the Tigard Central Business District Association has addressed most of his concerns. He noted that this effort could be a way to address some of the downtown area's needs. He said that there was a need for increased access to the downtown. He advised there is a need to keep business people informed. He referred to the possibility of light rail in the downtown area and wondered where the City would expect to expand its services. He said that he would like to see more vision for the downtown Tigard area. He said that he agrees that a vision is needed for the downtown area and suggested that the City was "too hands off." Councilor Moore said that if there were some kind of advancements made in the downtown area, that there could possibly be more community support. There was further discussion on the light rail and the need for access, along with the lack of parking in the area. Mayor Griffith noted that last week funding had been verified for commuter rail. He said that there will be concerns about where the parking will be located for the light rail terminal. Mayor Griffith also mentioned the New Library Construction Committee has identified one possible site in the ' downtown area for a future library. i i ■ )an Richardson, 12345 SW Main Street, Tigard, Oregon, noted that she owned a small business in the downtown area and that she viewed the process before the Council tonight as a "positive thing." She agreed that vision is needed for the downtown area and referred to areas in Lake COUNCIL MINUTES - July 10, 2001 page 10 V Oswego and also NW 231 Street in Portland, Oregon, and she would like to see the same thing happening In Tigard. In response to a question from a person in the audience, Mr. Hendryx responded that both groups, the property and business owners, will be voting on whether to form and EID or a BID. If an individual is both a property owner and a business owner, then they would receive two letters and would need to send the City a remonstrance (letter noting they did not want to form). The individual would need to respond to both letters if they received two. d. Recommendation by Community Development Director Mr. Hendryx noted that the staff recommends that the Council adopt an ordinance creating a downtown economic improvement district, adopting an economic improvement plan for the Downtown Economic Improvement District and calling for a public hearing on proposed assessments and surcharges. If the Council adopts the proposed ordinance then a hearing would be scheduled for August 14 on the assessments. e. Mayor Griffith closed the public hearing Councilor Moore clarified that if the Council approves the ordinance at this meeting, the City would start assessing business and property owners. Business and property owners would be given the opportunity to say that they did not agree with the assessment. Motion by Councilor Moore, seconded by Councilor Patton, to adopt Ordinance No. 01-10 The City Recorder read the following: ORDINANCE NO. 01-10 - AN ORDINANCE CREATING A DOWNTOWN ECONOMIC IMPROVEMENT DISTRICT, ADOPTING AN ECONOMIC IMPROVEMENT PLAN FOR THE DOWNTOWN ECONOMIC IMPROVEMENT DISTRICT AND CALLING FOR A PUBLIC HEARING ON PROPOSED ASSESSMENTS AND SURCHARGES. COUNCIL MINUTES - July 10, 2001 page 11 The motion was approved by a majority vote: Mayor Grifflth - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - No It was clarified that If no letter is received from the business or property owner, then there would be no remonstrance. Mr. Ramis reiterated that it was automatic that If 33 percent remonstrated against the formation of the district then the Council could not approve the formation of the district. 10. EXECUTIVE SESSION - No Executive Session was held. Meeting adjourned at 9:45 p.m. Attest: Catherine Wheatley, City Recorder M or, t Da 1AADM\GREEMCITY COUNCIUBUSINESS MTG TEMPLATEAOC COUNCIL MINUTES - July 10, 2001 page 12 f 1 r MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council Members FROM: Bill Monaha DATE: June 22, 2001 SUBJECT: Council Groundrules Attached is a copy of the latest version of Council Groundrules. The Mayor and I have determined that the study session portion of the July 10 council meeting is available for discussion of the groundrules. Please review the attached "Exhibit A" and be prepared for discussion on that date. aft I:4ADfA1BllWAMOSCOLNM CROUNDR=S.DOC CITY OF TIGARD, OREGON RESOLUTION NO. 00-5a A RESOLUTION REVISING THE POLICY OF THE CITY COUNCIL REGARDING COUNCIL GROUNDRULES AND AGENDA PROCESS WHEREAS, the Tigard City Council periodically reviews Council Groundrules; and WHEREAS, the City Council, on July 25, 2000, directed that several changes be made to the section "Exhibit A" of the City Council Groundrules and Agenda Process; and WHEREAS, it is the desire of the City Council to make the changes discussed and to supercede the previous Resolution No. 99-33. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Council hereby revises the Council Groundrules as described n Exhibit "A" attached. r)d PASSED: Thisc2o2 day of 000. Mayor C-ityof-4`igwd Brian J. Moore, Council President ATTEST: r ,C~ rc,•u n.~ G{~ City Recorder - City of Tigard I:ME)WRESOLUTIONSW00822 COUNCIL GROUNDRULES.000 RESOLUTION NO.00-5 a Page 1 EXHIBIT "A" Resolution No. 00- 5a CITY COUNCIL GROUNDRULES AND AGENDA PROCESS The following information is intended to assist with preparation for and the conduct of City Council meetings. The City Charter, Article IV, Section 13, contains regulations that govern Council meetings. The Groundrules describe the process followed by Council in scheduling and conducting meetings. Council/Mayor Roles • The Mayor, or in the absence of the Mayor, the Council President, shall be the Presiding Officer at, all meetings. The Presiding Officer shall conduct all meetings, preserve order, enforce the rules of the Council and determine the order and length of discussion on any matter before the Council, subject to these rules. The Presiding Officer may move, second, debate and vote and shall not be deprived of any of the rights and privileges of a Councilor. The Presiding Officer shall sign all ordinances, resolutions, contracts and other documents, except where authority to sign certain contracts and other documents has been delegated to the City Manager and all documents shall be attested to by the City Recorder. The Mayor shall appoint the committees provided by the Rules of Council. • In all other actions, decisions and other matters relating to the conduct of business of the City, the Mayor or President shall have no more or less authority than any other Council member. For the purposes of this written procedure any reference to the Council (unless otherwise specifically noted to the contrary) will include the Mayor, President and Council members. Conduct of City Meetings a Council will meet, at least once a month. Regularly scheduled meetings shall be on the second, third, and fourth Tuesdays of each month. The Council meetings on the second and fourth Tuesdays are "Business" meetings; the Council meetings on the third Tuesday of the month are "Workshop" meetings unless otherwise designated by the City Council. Unless specifically noted otherwise, the meetings of Council shall begin at 6:30 p.m. at the established place of meeting. On the second and fourth TuesdayTIhe meetings will begin with a Study Session following by the Business meeting. On the third Tuesday, the Workshop meeting will begin at 6:30 p.m. • Roll Call/Voting Order: The roll shall be called in alphabetical order by last name. At each succeeding meeting at which a roll call vote is taken, the council person who voted last during the previous meeting, shall vote first and the Council person who 1 voted first during the preceding meeting shall vote second and so on in a rotating fashion. It is the intent that the voting order remain fixed for each meeting and that a different Council person shall vote last during each separate meeting for the duration of the meeting. • Charter Section 19 provides that'the concurrence of a majority of the members of the Council present and voting, when a quorum of the Council is present, at a Council meeting shall be necessary to decide any question before the Council.' A Council member who abstains or passes shall be considered present for determining whether a quorum exists, but shall not be counted as voting. Therefore, abstentions and 'passes' shall not be counted in the total vote and only votes in favor of or against a measure shall be counted in determining whether a measure receives a majority. • The Chair, or other members if the Chair fails to remember, shall call for a Point of Order at or around 9:30 p.m. to review remaining items on the agenda with the Council. The Council may reset or reschedule those items, which_ it feels may not be reached prior to the regular time of adjournment. • The Council's goal is to adjourn prior to 10 p. m. unless extended by majority consent of all Council members then present. If not continued by majority consent, then the meeting shall be adjourned to either the next scheduled meeting or the meeting shall be continued to a special meeting on another date. • Definitions - Meeting Types, Study Sessions and Executive Sessions:. > BUSINESS MEETINGS: Business meetings are regular meetings where Council may deliberate toward a final decision on an agenda item including consideration of ordinances, resolutions & conducting public hearings. Business meetings are open to the public. The regularly scheduled business meetings are televised. Business meetings are generally scheduled to begin at 7:30 p.m. with a study session preceding the Business Meeting at 6:30 p.m. Study Sessions are a workshop-type of meeting (see definition below) which also provide an opportunity for the Council to review the business meeting agenda and to ask questions for clarification on issues or on process. Study'Sessions are open to the public. All Council meetings are open to the public with the exception of Executive Sessions. Executive Sessions can be called under certain circumstances and topics are limited to those defined by ORS 192.660. n - The "Visitor's Agenda" is a regular feature on the Council Business meetings. This item will be placed near the beginning of the Council Agenda to give citizens and visitors a chance to introduce a topic to the City Council. Council may decide to refer an issue to staff and/or schedule the topic for a later Council meeting. > WORKSHOP MEETING: Workshop meetings are regular meetings where Council reviews and discusses agenda topics with no intent of deliberating toward a final decision during the meeting. Workshop 2 4 meetings are not currently scheduled to be televised but are open to the public. Workshop agenda items are generally topics which Council is receiving preliminary information on and providing direction for further staff analysis and information gathering for a later business meeting. Workshop topics may also include discussions with standing boards and committees, as well as other governmental units. Appropriate topics for Workshop meetings include: - Introduce a Topic: Staff will bring up new items to determine whether Council wants to entertain further discussion and whether to schedule the topic as an item on a future agenda. Educational Meetings: Council will review research information presented by staff, consultants, or task forces - usually as a process check; i.e., is the issue on the right "track"? Meet with individuals from City boards and committees or other jurisdictions to discuss items of common interest (examples: other Councils, the School District, and other officials). - Administrative Updates: Items such as calendar information, scheduling preferences, process checks. > STUDY SESSIONS: Study Sessions precede or follow a Business Meeting or Workshop Meeting. As stated above, they are conducted in a Workshop-type setting to provide an opportunity for Council to review the Business Meeting Agenda and to ask questions for clarification on issues or on process. Information is also shared on items that are time sensitive. During Study Sessions, any Council member may call for a Point of Order whenever he or she wishes to stop the "discussion" because he or she P w- feels that it is more appropriate for the City Council to discuss the matter during the Council meeting. If a Point of Order is raised, the City Council C~ _ + will discuss the Point of Order and determine whether the "discussion" cc should continue on or be held during the Council meeting. The decision Ck on whether to continue the "discussion" or not shall be determined (~Q m ' rwtNp-te the Council members present o ci iscusses a V ounce da ' opic rn a Stu ess~on rd u , ei erthe Presiding Officer or City manager will brieflstate at the in rouc ion o"be Agenda Tbpi-c IRe ac at Council discussed the topic i he Study Session and men key~poirrts of-th"iscussion. COQ` > EXE UTIVE SESSIONS: Meetings conducted by the Council, City i Manager, and appropriate staff for deliberation on certain matters in a setting closed to the public. Executive Sessions may be held during a regular, special or emergency meeting after the Presiding Officer has j identified the ORS authorization for holding the Executive Session. j Among the permitted topics are employment of a public officer, f deliberations with the persons designated by the Council to carry on labor negotiations, deliberations with persons designated to negotiate real property transactions, and to consult with legal counsel regarding current litigation or litigation likely to be filed. 3 Policy Regarding Interrelationships Between the City Council and Its Appointed Commissions. Boards or Committees (hereinafter referred to as "Boards") • The Council shall follow the Procedure for Recruitment and Appointments to Boards and Committees established in Resolution No. 95-60. • Appointments to any committees not covered by Resolution No. 95-60 shall be made following the procedure provided within the Resolution or Ordinance, which created the committee. • Appointments to intergovernmental committees shall be made by Council Action. • Appointments of Council members to internal City committees as the Council Liaison shall be made by the City Council. • It is Council policy to make known to the public, by notice in the Cityscape, of the occurrence of vacancies on City boards for the purpose of informing persons who may be interested in appointment. • Council will entertain regular representation by persons outside the City on those boards, which provide for such non-city membership. • The Mayor and one Council member will serve on the Mayor's Appointment Advisory Committee for the purpose of interviewing and recommending potential board members. Council members will serve on this Committee with the Mayor on a rotated basis for a term of six months. Terms shall begin January 1 and July 1. Communications Between City Councilors. City Manager and Staff • Councilors are encouraged to maintain open communications with the City Manager, both as a group and individually in one-on-one sessions. • Councilors are encouraged to direct inquiries through the City Manager, giving as much information as possible to ensure a thorough response. • In the absence of the City Manager, Councilors are encouraged to contact the Assistant to the City Manager. In the absence of both the City Manager and the Assistant to the City Manager, Councilors are encouraged to contact the Department Head, realizing that the Department Head will discuss any such inquiries with the City Manager. i • Contacts below the Department Head are discouraged due to the possible disruption of work, confusion on priorities, and limited scope of response. _ 4 Council Agendas and Packet Information • The City Manager will schedule agenda items while attempting to maintain balanced agendas to allow for discussion of topics while meeting the established 10 p.m. adjournment time. • The City Manager will schedule items allowing time for staff research and the agenda cycle deadlines. • The agenda cycle calls for submittal of items 10 days in advance of a Council meeting. Add-ons are to be minimized, as well as handouts distributed at the start of meetings, except Executive Sessions. • Councilors and staff will prepare in advance of public meetings and issues should be presented fully in packets. _ • Council is supportive of the role staff should play in offering professional recommendations. Staff is aware of Council's right to make final decisions after considering the staff recommendation, public input, the record and Council deliberation on the matter. Communications Among Councilors • Councilors are encouraged to suggest agenda topics at the bench or to contact the City Manager about scheduling an item into the Tentative Agenda. • Add-on Agenda items should be brought up at the start of the meeting and generally considered only if continuing to a later agenda is not appropriate. • Requests for legislative action of Council may be initiated by an individual Council member during a Council meeting. The City Manager will respond to the request consistent with resources and priorities, or refer the question of scheduling to Council as a whole. Communications with Community/General Public • Councilors and the General Public are reminded of the Agenda cycle and cut-off dates. Administrative staff is available to explain how public issues are handled and how citizen input may be accomplished. • "Official" communication should come through City Hall and be provided by the City Manager. Direct submittal or inquiries to the Council or individual Councilors should be referred to the City Manager or Councilors may ask the City Manager to look into an issue. • Official "press releases" are encouraged, both to assure accurate reporting and to advise Council and Staff of the official position communicated to the press. Press releases are through the City Manager's Office. 5 General • Councilors are always Councilors in the eyes of the Administration, never simply private citizens. Thus, Councilors are always treated by Administration as Council members. • Information that "affects" the Council should go to Council. The City Manager is to decide on "gray areas," but too much information is preferable to too little. • Budget cuts or increases are policy decisions. Budgets will not be cut "piece meal" or "across the board," but rather should be made in service or program areas, giving staff full opportunity to provide data clearly defining the anticipated impact of the action. • It is the policy of the Council that if Councilors are contacted regarding labor relations during labor negotiations or conflict resolution proceedings, then Councilors have no comment. • Councilors and the City Manager agree to report and discuss any contact, which might affect labor relations with the entire Council in Executive Session. • The Council Groundruies will be submitted for review by Council each year either in the July or August Workshop Meeting. The Groundrules can be reviewed and revised at any other time in the year when a specific issue or issues are identified requiring action prior to the established review period. I:\AOM\CATHY\COUNCIL\COUNCILRULES. EXAAOC i i 6 MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council Members FROM: Bill Monahan DATE: July 2, 2001 SUBJECT: Council Groundrule Discussion Earlier I sent each of you a copy of the Council Groundrules for discussion at the July 10 study session portion of the council meeting. While Mayor Griffith and I were discussing the groundrules, we talked about other resources that may be available for the council to review prior to the groundrule discussion. The Mayor subscribes to a publication called "The Mayor" which is aimed specifically at mayors of small cities. The May/June copy of "The Mayor" includes an article which describes the role of the mayor in a small city environment. We think that the article does a good job of illustrating the role of the mayor in an effective city council. A copy of the article is attached for your perusal. aft 1AAMBILLWEMOSWAYOR & COGROUNDRULE DISCUSSION.DOC May/Jun 2001 "Ur Vol 1 No 3 tj f* UA Y,"-R www.smalicities.org The newsletter of practical advice for part-time mayors in small cities Inside The power of the "weak mayor" ■ Developinga vision and acting on it In the council-manager form of government, the role of the mayor is often misunderstood, observes James 11. Svara, chair of the political science and s Strategicplanning: public administration department at North Carolina State University in Raleigh, more than a weekend N.C. Svara, who has written extensively on the topic, has researched and retreat analyzed the functions of what he calls the "chairman" mayor, which prevails in ■ Key to.'. many small towns, as opposed to the "executive" mayor found in most big cities. communicating. Be He says the chairman mayor is analogous to a company's chairman ofthe yourselfwhateverthe board, important but not crucial to the organization's operation. The government setting may operate adequately with minimal leadership from the mayor since the a Meeting with The council has shared responsibility for policy initiation and the manager has consid- Mayor. Monroe, Ohio, erable informal influence on policy and formal authority for implementation. Still, o he notes, the chairman mayor who is active and effective can elevate the level of performance of other officials and the governmental system as a whole. "Rather than executing and controlling, these mayors facilitate, ie, accom- plish objectives through enhancing the efforts ofothers," Svara writes. "Rather U - aomin than seeking power as the way to accomplish tasks, the facilitative mayor seeks P g - to empower others by encouraging full participation." By fostering communica- T1iechallenges ofa tion, promoting effective interaction among other officials, and providing a clear diverse.rrjmunity sense of purpose to city government, the mayor is a "guiding force" who ensures - l :v r .r a that all are moving in the right direction. ® Eicercisinglntfueiiee? Svara's research in North Carolina has revealed ten roles, which he has " ° - grouped into three dimensions of leadership, including: Traditional/Automatic ® 'Outreach, stmt ies Roles; Active Coordination and Communication; and Policy and Organizing a Roles. andrnore - The traditional role _ In the traditional role that is built into the office, mayors are asked to { y perform a wide variety ofceremonial tasks. While making speeches, cutting a ribbons and greeting dignitaries may be dismissed by some as unimportant, they put the mayor in touch with a wide range of groups and individuals and provide r} an opportunity to convey what the city is doing. These can be an opportunity or, if accepted with no constraints, a curse. In the traditional role, mayors also serve as a link to the public. They are o spokespersons who announce and explain positions taken by the council. By r. a> ` z continued page 2 virtue of the nature of the office, the mayor receives a As liaison with the manager, the mayor links large volume of comments and complaints from the two major components ofthe system: the legisla- citizens, and has extensive dealings with the press. tive body and administrative apparatus by facilitating Through these two activities, the mayor helps make communication and understanding between the two. the local government more accessible to the public He or she increases the manager's awareness of and makes valuable contacts for the city. council preferences and conveys how the council As presiding offlicer, the mayor sets the tone for might react to administrative proposals. While the meetings. The way the mayor presides has an impact manager must maintain positive relations with each on how well the council can function as a legislative council member, the mayor-manager interaction is an body and how city government is perceived by the efficient way to exchange information. For the mayor public. Are meetings orderly and businesslike? Do all to be effective in this role, he or she must be sensitive council members have the opportunity to express their to the concerns of all council members, accurately views and ask questions without discussion getting out convey their sentiments, and share with them what he of hand. Is the council open to citizen comments at learns from the manager. appropriate times, and are citizens made to feel The mayor is a team and network builder, and comfortable about taking part in a council meeting? as such, works to coalesce the council and build Finally, the mayor is representative and pro- consensus. In this regard, he or she promotes cohe- •moter for the city. This role builds on the other sion without trying to guide the council in any particu- traditional ones but also includes those contacts the lar direction. Council members do not automatically mayor has with other local governments and with state work well together, and the larger the council, the less and federal agencies. For some mayors, the promoter harmony there may be. However, the goal is not role is a simple extension of ceremonial tasks while necessarily agreement but rather, the ability of the others are active initiators of contacts and help council to approach city business as a common develop possibilities for the city. enterprise. The mayor as team leader seeks to pro- mote full expression, help the council work through Coordination and Communication differences expeditiously, and encourage it to face This second set ofroles involves active coordi- issues and resolve them decisively. In this role, the nation and communication, active in that the mayor mayor also develops a network that extends outside must choose to fill them. These roles are not "auto- government and actively involves the community in the matically" built into the position, as the first four are, work ofthe government. FS and there are likely to be differences between the approach and effectiveness of the activist mayor and Policy and Organizing Roles the passive mayor. In contrast to communication and coordination, The mayor is articulator/mobilizer for the city. the final set ofroles involves influencing the conduct In relations with the council, public and media, and the and direction of city government and the content of c y manager, the mayor identifies issues or problems for policy. As goal setter, the mayor leads the council consideration, promotes awareness of important into active involvement with establishing goals and concerns, and seeks to promote understanding across objectives for city government. In this role, mayors 1 the city by the exchange of information. Effective also provide a sense of direction or create a climate mayors are skillful at articulating an issue and convinc- for change, and then they build consensus for com- a ing people of the need for action. For example, the mon goals. mayor who systematically speaks to the press and As delegator/organizer, the mayor guides the groups about the increasing imbalance between needs council into a recognition of its roles and responsibili- and revenues would help to prepare the public for a ties. He or she helps to define the pattern of interac- tax increase at budget time. tion between council and manager, monitors it, and 2 THE MAYOR MAY / JUN 2001 makes adjustments. Because the sharing and separa- of leader because he is weak in policy guidance and tion of responsibilities in a counciUmanager form of contributes no more to policy formulation than any government is complex, the mayor is uniquely situated other member of council. to control it and, if necessary, better able than any There are two other incomplete types of leaders. other official to correct it. For example, the mayor One of them has two variations: the activist and the may advise the manager to bring more matters to reformer. This type emphasizes policy guidance and council, or fewer. He or she may intervene with a advocacy but neglects coordinating activities, espe- council member who is intruding into operational cially team building. The activist wants to get things matters, or try to relieve tension between the council accomplished quickly and succeeds by the force of and staffbefore a serious rift develops. The mayor personality, and the presence ofa working majority often handles these efforts in organization and stabili- on the council. The tenure of this type of mayor is zation privately. marked by successful policy initiatives along with Finally, the mayor may be a policy initiator who friction and disgruntlement among the council. develops programs and policies to address problems. The reformer launches noble campaigns that In these activities, the mayor most closely resembles have little prospect of success because of limited the executive mayor's public persona as the city's support on the council. The reformer is more con- problem solver. However, while the chairman mayor cemed with enunciating ideas about what the city has a potential for policy leadership that isn't suffi- should do rather than working with the council. As a ciently recognized, he or she must balance that with result, this mayor is likely to be ineffective as a policy the other roles, and proceed subtly and more indi- leader because of isolation from the rest of the coun- rectly than the executive mayor. The chairman mayor cil. Another incomplete form of leadership is the that is elected directly by the voters has a vague mayor who specializes in promotion. The promoter mandate to lead but must not alienate the council by devotes so much time to traveling and selling the city moving too far away from it. that he gives little attention to other aspects ofthe job, leaving a vacuum of responsibility for the other tasks. 'Types of leadership The kind of leadership a mayor provides de- Facilitative leadership pends on which roles he or she performs and how The absence of formal powers over other well. The mayor could invest so little in the office and officials in city government should not cause mayors define its scope so narrowly that he is simply a to view their office as inferior to that of the executive caretaker. The presiding and ceremonial tasks are mayor. Not only is the job a broad one with great inescapable but mayors who define their role so potential for leadership, but the chairman mayor also narrowly will not meet the leadership needs of the has the advantage of not having responsibility for the modem government syr:tem. Such a mayor makes no operations of city government. The director is a effort to do such important tasks as unify the council, complete type ofmayor who contributes not only to keep them informed, communicate with the public, or the smooth functioning ofthe city but also to the intervene between the council and manager. As a general sense of direction. This type of mayor stands consequence, the council is likely to be divided, out as a leader in the eyes of the council, the press, confused, and disorganized, leaving the manager to and the public, but that recognition must be used as a expand his influence. source of leverage rather than control. If the mayor undertakes the coordinator role This mayor can enhance the influence ofthe only, he will help to achieve high levels of shared elected officials by unifying the council, filling the information by keeping the manager and council in policy vacuum that can exist on council, and guiding touch and interacting with the public and outside policy that meets the community's needs. Further, he agencies. But the coordinator is not a complete type or she is actively involved in monitoring and adjusting MAY/ JUN 2001 THE MAYOR 3 I relationships within city government in order to maintain balance, cooperation, and high standards. No one else can attack the causes of friction between council and manager should they arise or promote constructive interaction. However, this mayor does not usurp the manager's prerogatives or diminish his leadership. In fact, he or she seeks to enhance the manager's ability to function as the chief executive officer. In sum, the mayor's position in the council- manager government is not a pale imitation of the executive mayor's office but rather a unique leader- ship position that requires distinctive qualities. Coun- cil-manager cities ask the mayor not to run the show, but to bring out the best in council and staff, and to foster a common sense of purpose. Resources: Understanding the Mayor's Office in Council-Manager Cities by James H. Svara, Popular Government, Vol. 51, No. 4, Fall 1985, pp. 6-11. Summarized with permission of the Institute of Govern- ment, The Univerdy of North Carolina at Cbape! Hill Summary Paper on Roles of Mayors and Facilitative Leadership in Council-Manager Cities by James H. Svara , excerpted from Facilitative Leadership in Local Government: Lessons from Successful Mayors and Chairpersons (San Francisco: Jossey-Bass, 1994) Summarized with pernrission of author • Parks and Recreation Department I ~ ion i✓~ 5 1115 Commercial St. ICE /J O~D l Salem, OR 9) 301-1002 John A. Kitzhaber, M.D., t :ovemor ( 503 378-6305 FAX (503) 378-6447 July 6, 2001 www.prd.state.or.us Mr. Duane Roberts oRE~oN City of Tigard 13125 SW Hall Blvd. sT"TE PARKS Tigard, OR 97223 RE: Local Government Grant Program State/Local Agreements Cook Park Expansion LGP0070 Dear Mr. Congratulations on your successful application for grant funds for the Cook Park Expansion project. Enclosed are three originals of the State/Local Agreement for the Local Government Grant Program. This agreement must be approved and signed by your Board of Commissioners, and our office, in order to obtain grant funds. Each copy of the enclosed agreement must be signed with original signatures and returned to this office. Upon State approval, you will receive a copy of the executed agreement, which will authorize you to proceed with the project work. Work must not begin until you have received a copy of this agreement, signed by the State, and the Notice to Proceed. Prompt implementation and completion of your project is extremely important. It will ensure the continuing success and credibility of the Local Government Grants Program by demonstrating effective results to citizens and policy makers. Also, completing your project in a timely manner allows our office to provide project reimbursement to you more rapidly. We encourage you to offer appropriate media opportunities and involvement of your local legislators to help build public awareness of the project's purpose and benefits. Please call me of any event celebrating your project's beginning or completion. If you have any questions or if I can be of any assistance please call me at (503) 378- 4168 extension 241 or at marilyn.lippincott(a-)-state.or.us. Thank you for helping make this valuable investment in Oregon's recreation, conservation, and natural resources. Sincerely, 3 Ma it Al ppi tt Grants Prod ct Officer Enclosures 73410-0806 mal STATE/LOCAL AGREEMENT LOCAL GOVERNMENT GRANT PROGRAM THIS AGREEMENT is made and entered into on the date of final signature of this agreement by and between the State of Oregon, acting by and through Oregon Parks and Recreation Department, hereinafter referred to as the "State", and City of Tigard, acting by and through its City Council or designated representative, hereinafter referred to as the "Sponsor". WHEREAS, under ORS 390.180 the State and Sponsor may enter into an agreement concerning acquisition, development, and rehabilitation of outdoor recreation areas and facilities, hereinafter called "Project", and the State may make grants of money to assist the Sponsor in such projects: and WHEREAS, the State and the Sponsor desire to achieve improvements in park and recreation facilities as hereinafter described in the project application and to that end, the Sponsor proposes to perform work and/or acquire land as set out and described in the Description/Scope of Work section of this agreement and the Sponsor's application. Project Title: Cook Park Expansion Project Number: LGP0070 A. Funding of Proiect (1) The total cost of the project covered by this Agreement is $500,000.00. (2) The value of the Sponsor contributions for this project is $250,000.00 [difference of (1) less (3)]. (3) The State agrees to pay $250,000.00 or 50 percent of the total project costs; whichever amount is less, from monies available through the Local Government Grant Program. B. Project Information Description/Scope of Work: Project elements include parking, butterfly meadow, and emergency access road. Facility improvements include utilities, drainage, sewer and irrigation system. Page 1 of 6 -7/olo l 3 ri5inal col s -6 Qbe d4 STATE/LOCAL AGREEMENT -07/11/01 LOCAL GOVERNMENT GRANT PROGRAM THIS AGREEMENT is made and entered into on the date of final signature of this agreement by and between the State of Oregon, acting by and through Oregon Parks and Recreation Department, hereinafter referred to as the "State", and City of Tigard, acting by and through its City Council or designated representative, hereinafter referred to as the "Sponsor". WHEREAS, under ORS 390.180 the State and Sponsor may enter into an agreement concerning acquisition, development, and rehabilitation of outdoor recreation areas and facilities, hereinafter called "Project", and the State may make grants of money to assist the Sponsor in such projects: and WHEREAS, the State and the Sponsor desire to achieve improvements in park and recreation facilities as hereinafter described in the project application and to that end, the Sponsor proposes to perform work and/or acquire land as set out and described in the Description/Scope of Work section of this agreement and the Sponsor's application. Project Title: Cook Park Expansion Project Number: LGP0070 A. Funding of Proiect (1) The total cost of the project covered by this Agreement is $500,000.00. (2) The value of the Sponsor contributions for this project is $250,000.00 [difference of (1) less (3)]. (3) The State agrees to pay $250,000.00 or 50 percent of the total project costs; whichever amount is less, from monies available through the Local Government Grant Program. B. Proiect Information Description/Scope of Work: Project elements include parking, butterfly meadow, and emergency access road. Facility improvements include utilities, drainage, sewer and irrigation system. Page 1 of 6 The Sponsor's Project and Boundary Map information is more particularly described in the project grant application and by this reference made a part of this agreement. C. Project Funding, Reports and Payments Sponsor may begin work upon receipt of a "Notice to Proceed" from the State. Any expenses incurred prior to the agreement date will not be eligible for reimbursement. Once work has begun, sponsor shall report to the State on a quarterly basis, for work completed or for request for partial payment during the quarters as follows: By April 30 for the quarter beginning January 1 and ending March 31; By July 31 for the quarter beginning April 1 and ending June 30; By October 31 for the quarter beginning July 1 and ending September 30; By January 31 for the quarter beginning October 1 and ending December 31. A copy of the quarterly reporting form is attached. Please use this form for all progress reporting. Partial payments up to 90% of the grant amount may be billed to the state during the project period for work completed. In all partial payments, State will retain 10% of total grant allocation amount (Section A. (3)), until final approval and acceptance by the State. The final 10% will be reimbursed after the project is completed, full documentation is received, and there is final approval and acceptance by State. Partial payments and quarterly reports shall contain a reasonable and accountable request. When progress payments are requested, a status report giving an accounting of the total expenditures and work accomplished during the period is required. At no time will the State reimburse Sponsor for more than the maximum percentage allowed under this agreement. Sponsor hereby warrants that, at the time this agreement is executed, it has sufficient financial resources available and authorized to complete the work of the project. Sponsor further warrants that the land within the project boundary shall be dedicated and used for park or recreation purposes. Sponsors must control or will have control of the land, and Sponsor shall not change the use of, sell, or otherwise dispose of the land within the project boundary except upon approval and consent of the State. If the Sponsor converts lands within the project boundary to a use other than park and recreation purposes, or disposes of such land by sale or any other means, the Sponsor must provide replacement property of equal or greater fair market value to that of the converted project land as measured on the date of their conversion or disposal. This will require appraisals for both the converted and the replacement property. Replacement property will not be approved by the State Page 2 of 6 unless the replacement property has park and recreation utility equivalent to the lands converted or disposed. Billings: Please complete Agency Billing Form and send to: Oregon Parks and Recreation Department, ATTN: (Marilyn Lippincott, Grants Project Officer, 1115 Commercial St. NE Suite 1, Salem, Oregon 97301-1002. The Agency Billing Form is attached with this agreement. Please use this form for all requests for reimbursement. Projects may be inspected by the State prior to final acceptance. The Sponsor shall have one year from the date of authorization of this agreement to begin substantial work (i.e. for sponsor to award contracts for work or show at least 25% of work is complete if paid by force account). Projects not in compliance with this schedule will be cancelled, unless substantial justification for an extension is warranted. D. Project Period This Agreement shall become effective on the date at which both parties have signed this Agreement. Unless otherwise terminated or extended this Project shall be completed and this Agreement shall expire on June 30, 2003. Sponsor must submit a final report within 90 days of the project completion date or the expiration date of the agreement. The final report shall include full and final accounting of all expenditures and description of the work accomplished. Extensions for a six-month period may be granted for the project agreement only upon written request to the State. Request for an extension must be submitted to the State at least 30 days prior to expiration date of this agreement allowing enough time to prevent a lapse in the agreement. The request for extension must show a compelling need for the extension. No further extensions will be allowed. F. Amendments This Agreement may only be amended, if requested in writing, approved by the State, and signed by the parties. G. Inspections and Audits The Sponsor shall permit all fund-assisted sites to be inspected by the State and/or its authorized representative(s) at reasonable times. The Sponsor shall retain a project file including accounting records for three (3) Page 3 of 6 fiscal years after the completion of the project and allow the State, or its authorized representative, to inspect and review all fund related records, to the level of detail prescribed by the reviewing entity, whenever so requested by the State or its authorized representative. H. Liability The Sponsor shall be liable for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the sponsor, while acting within the scope of his office or employment as permitted under the Federal Tort Claims Act, where the United States, if a private person, would be liable to the claimant in accordance with the law of the State where the act or omission occurred. 1. Indemnity The Sponsor shall defend, save, hold harmless, and indemnify the State of Oregon and the Department and their agencies, subdivisions, officers, directors, agents, employees, and members from any and all claims, suits, actions, losses, liabilities, costs, expenses, and damages of whatsoever nature resulting from, arising out of, or relating to the activities of Sponsor or it=s officers, employees, contractors, or agents under this agreement. J. Notices (1) All written communications, which are to be given to the State under this Agreement, will be mailed and addressed as follows: Oregon Parks and Recreation Department Marilyn Lippincott, Grants Project Officer 1115 Commercial St NE Suite 1 Salem, Oregon 97301-1002 K. No Waiver THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. SPONSOR, BY THE SIGNATURE BELOW OF IT'S AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT SPONSOR HAS READ Page 4 of 6 THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY IT=S TERMS AND CONDITIONS. L. Availability of Funds: State certifies at the time this agreement is written that sufficient funds are available and authorized for expenditure to finance costs of this agreement within the State's current appropriation or limitation. M. Publicity: Sponsors should make every effort to publicize the Local Government Grant Program and OPRD's participation. N. Signs: State may require that signs acknowledging Local Government Grant Program assistance be installed at project site. Page 5 of 6 IN WITNESS THEREOF, the parties hereto have caused this agreement to be properly executed by their authorized representatives as of the day and year hereinafter written. 0 i" Of Ti etas-8 - ( &,L;h) ' Sppon or Title j AR.AA A.A I At o nsor Signat re 0 ODl Al-j Dat Recommended by Local Government Grant Coordinator or Representative Oregon Parks and Recreation Department Date STATE OF OREGON, by and through Oregon Parks and Recreation Department Authorized Representative of Oregon Parks and Recreation Department Date Page 6 of 6 1U.N.PlEmilwam Me AGENDA ITEM NO.2 - VISITOR'S AGENDA DATE : July 10, 2001 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED ~~-evC 1+igx2V 60,0 T' 0007- I-00 1V iC.4Wy 1z3/vc/F( GdrLSi(0oFY/ayj:'-f1?oq ~Zep4~`/~S C✓l„~yFlr VISITOR'S AGENDA Page 1 AGENDA ITEM # FOR AGENDA OF July 20, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution Recognizing the Contributions of Mr. Bruce Ellis, founder of the Tigard Festival of Balloons PREPARED BY: Cathy Wheatley EPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL City Council is asked to consider a resolution recognizing the contributions of Mr. Bruce Ellis, founder of the Tigard Festival of Balloons. STAFF RECOMMENDATION Adopt the proposed resolution. INFORMATION SUMMARY At a recent City Council meeting Council discussed and then directed that a suitable resolution be prepared to recognize the contributions of Mr. Bruce Ellis, the founder of the Tigard Festival of Balloons. Mr. Ellis brought the event to the City of Tigard's Cook Park nine years ago. Since that time, the event has grown to draw a regional audience and has benefited many organizations, service clubs, and worthy causes in the community. OTHER ALTERNATIVES CONSIDERED n/a VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This item relates to the Community Character and Quality of Life goal addressing Community Events, whereby the City of Tigard sponsors ongoing, popular community events. ATTACHMENT LIST 1. Proposed Resolution. FISCAL NOTES n/a I:WDMICITY COUNCIL\COUNCIL AGENDA ITEM SUMMARIE&ELLISMOC r AGENDA ITEM # . a CL_. FOR AGENDA OF Ju1x10. 2001 MEMORANDUM CITY OF TIGARD, OREGON TO: City Council FROM: Bill Monahan DATE: July 3, 2001 SUBJECT: COUNCIL CALENDAR, June - August -July 2001 Regularly scheduled Council meetings are marked with an asterisk If generally OI{, we can proceed and make specific adjustments in the Monthly Council Calendars. July 4 Wed City Offices Closed - Independence Day * 10 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting * 17 Tues Council Workshop Meeting - 6:30 p.m. * 24 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting August * 14 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting * 21 Tues Council Workshop Meeting - 6:30 p.m. * 28 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting September 3 Mon City Offices Closed - Labor Day *11 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting * 18 Tues Council Workshop Meeting - 6:30 p.m. * 25 Tues Council Meeting 6:30 p.m. Study Meeting - Business Meeting 1Aadm\cathy\cound1\ccca1.doc Tigard City Council Agenda Item No. 4.2- b 7- -p/ Tentative Agenda Meeting of (D 7117101 -Workshop 7124101 - Business TV Craig-Greeter 8114101 - Business TV Ron -Greeter Due: 713101 @ Noon Due: 7110/01 @ Noon Due: 7/31/01 @ Noon Workshop Topics Study Session Study Session • Councilor MOORE Not Present • Exec Sess - Labor Relations - Sand -15 min 1. Aquifer Storage & Recovery & Long-term Water Supply - Dennis K - 30 min Consent Agenda 2. ROW Vegetation & Sidewalk Maintenance - Council Goal Update John R - 45 min Award Construction of Bonita Road Sanitary Consent Agenda 3. Noise Ord Revisions - Dick - 30 min Sewer Im rov -Vannie- LCRB Updates to Council Groundrules - BLUE 4. Affordable Housing Permit/Fee Reduction Award Construction Pavement Major SHEET Village WAS Affordable Housing - Duane - Maintenance & Crosswalk Lighting -Vannie - 20 min LCRB 5. TMC Update - Discuss Amendments to TMC option OPEU Labor Agreement -RES -Sandy sections 1.01, 1.12, 2.40, 2.44, 2.56.010, WA Sq Consultant Authorization - LCRB - Jim 2.60.010 - Cathy - 30 min City Manager Signs Settlement Agreement w/ Follow-Up - Strategic Planning - ON HOLD? wes - RES -Craig Business Meeting 1. TCBDA EID - PH - ORD - Jim -1 hr TMC Update - Public Library - Margaret - 5 min Business Meeting TMC Update - Exclusion from TPL - Margaret & 1. PGE Briefiin on Community Surveys - Karen Ron -10 min. Lee - Craig - 30 min TMC Update - Purposes for Parking Prohibitions - 2. Update New Tigard Libra Construction Comm- Ron -10 min. Margaret - 20 min TMC Update - Revisions to the Noise Ordinance - Appeal o Blue Heron a Subdivision - PH - PH im - mm RES - Kevin Y 1 hr TMC Update - Municipal Court - ORD - Nadine 10 min Finalize Formation Sanitary Sewer District 20- Rose Vista - PH -Greg B -15 min Sale of Surplus Property (Clute Property) - PH - Ed W/Dennis K - 10 min I:/adrn/greer/tentaty ag/year99-0.xls 713/2001 Page 1 ONE 1111 mill Tigard City Council Tentative Agenda -Greeter 8/21/01 -Workshop 8128101 - Business TV Gus - Greeter 9111101 - Business TV Due: 8114101 @ Noon Due: 8128101 @ Noon Due: 817101 @ Noon Study Session Workshop Topics Study Session nn in Commission Exec Sess -Labor Relations - Sand- 15 min * Councilor PATTON Not Presort JointMeetin with the Pla Regarding Wk Sq Reg Center Plan - Julia/Jim - COT BIRTHDAY MEETING 45 min Consent Agenda Consent Agenda Business Meeting Business Meeting U ate New Tigard Libra Construction Comm- Ci Vision Update - Loreen - 20 min Margaret - 20 min aca on eve an n - Matt - 20 min Solid Waste Rate Adjustment - PH - RES - Tom I - 45 min Trans rtation Financing Strategies Task Force Initial Report -Gus - 20 min TMC Update - Buildin Ap eals Board - Jim - BLUE SHEET TMC Update - Oversize Load Permits- Ron - BLUE SHEET IJadmlgreeritentaty aglyeargM.xls 71312001 Page 2 MIN! jil -TT1T T Q 7C .T.T'TfS]Tl1!T' T AGENDA ITEM # FOR AGENDA OF 6/10/01 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Land and Water Conservation Grant Pro am PREPARED BY: Duane Roberts DEPT HEAD OK ITY MGR OK ISSUE BEFORE THE COUNCIL Should Council adopt a resolution authorizing the City Manager to submit an application for a Land and Water Conservation Fund Grant as a means of providing needed improvements to Woodard Park? STAFF RECOMMENDATION Adopt the resolution. INFORMATION SUMMARY The Land and Water Conservation Fund is a National Park Service program that passes down federal dollars to the states for the acquisition, development, and rehabilitation of park and recreation areas and facilities. In Oregon, the state Parks and Recreation Department is responsible for the distribution of the federal monies to state agencies and local governments. The program provides up to 50% funding assistance to park providers for land acquisition and outdoor park facilities. Approximately $776,000 are available to local and county parks providers. Unlike the Local Government Grant Program, land previously acquired cannot be used as match. The application deadline is July 15, 2001. A copy of the grant program announcement is attached. Public Works and Community Development staff have reviewed potential project proposals for grant funding. In terms of program guidelines and requirements and the advice of state parks staff, a picnic shelter in Woodard Park, a component of the Woodard Park Master Plan, appears to be the project with the best chances of being picked for funding. Therefore, this is the project nominated by staff for City submittal. If authorized, this will be the fourth park improvement grant the City has applied for this year. One, a Recreational Trail Program grant application, was selected for funding. Two Local Government Grant proposals are pending. A fifth application, a Community Development Block Grant proposal, will be recommended for submittal when applications are accepted later this year. OTHER ALTERNATIVES CONSIDERED Do not apply for the grant funds. Adopt a revised resolution. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACTIMENT LIST Attachment #1 - Woodard Park Site Map. Attachment #2 - Resolution authorizing the submittal of a grant proposal. Attachment #3 - Land and Water Conservation Fund Program Request for Proposals. FISCAL NOTES A 50% local match is required. This may be in the form of hard or in-kind dollars. Match dollars for the proposed project are not specifically identified in the City's proposed 2001-02 budget at this time. They potentially would be available should the Cook Park grant or loan applications be selected for funding. This is because the grant or loan dollars would replace City funds budgeted for the Cook Park improvements. The project cost has not been determined as yet. The grant request will be 50% of the total project cost, but not more than $50,000. i/citywide/sum/L&Wgrant I IMI milli IN Attachment 1 - . r' TIGARD ST O~ Woodard MEADOW ST Park U W Q z ~ T w w C p y~ C ~ o JOHNSON S ~O N o~s~~FA j < ¢ 5 ~ w O ~s~o P CELT ~Fti2`~ t ~ .N Attachment 3 Parks ana acecreation Department JV ® 1115 Commercial St. NE -O- Salem, OR 97301-1002 John A. Kitrhiber, M.D., Govemor (503) 378-6305 RECEIVED C-0-T (503) 378-6447 DATE: May 31, 2001 www ww.prd.state.or.us JUN 0 5 2001 OREGON TO: All Project Sponsors (Applicants) A inistration \ STATE PARKS FROM: Marinni ro Wft~~Oe Grants Project Officer SUBJECT: Federal Land and Water Conservation Fund Program Grant Applications The Oregon Parks and Recreation Department (OPRD) is now accepting grant applications for the federal Land and Water Conservation Fund. Oregon has been appropriated $1,294,622-for fiscal year 2001. Sixty percent of that amount is available for local government agencies and 40 percent for eligible state agencies. This program uses federal dollars from the Department of Interior, National Park Service, that are passed down to the states for the acquisition, development, and rehabilitation of park and recreation areas and facilities. We have established the following timeline for this grant cycle: June 1, 2001 Notification to project sponsors that grant application are now being accepted. July 15, 2001 GRANT APPLICATIONS DUE TO OPRD BY 5:00 PM OR POSTMARKED NO LATER THAN JULY 15, 2001. August 2001 Technical Review of Grant Applications by OPRD and National Park Service Staff. August 2001 Open Project Selection process - 'Oregon Outdoor Recreation Committee Prioritization meeting. September 2001 Project Applications submitted to National Park Service Office in Seattle for Qualification and Obligation of Federal Funds. NPS Approval. September 2001 State/Local Agreements Established Applications must include the following: 1. Park Acquisition and Development Checklist 2. Grant Application Form 7,34110-0806 v Page 2 3. Estimate of Development Costs and Schedule Form 4. Project Sponsor Certification Form 5. Civil Rights Assurance of Compliance Form DI-1350 6. Certification Regarding Debarment and Suspension Form DI-1954 7. Copies of State Natural Resource Agency Reviews & Comments 8. Program Narrative 9. Environmental Assessment 10. Vicinity Map (10 copies) 11. Park Master Plan and Project Boundary Map 12. Property Deeds/Lease Agreements 13. Permits 14. Construction Plans and Specifications 15. Letter from Local Planning Department For acquisition projects also include: 16. Assessor's Plat Map or Boundary Survey Map (acquisition only) 17. Preliminary Title Report (acquisition only) 18. Appraisal (acquisition only) Some important facts to remember are: 1. The federal requirements are different from the Local Government Grant Program. Please read instructions carefully. 2. Eligible projects include acquisition, development, and major rehabilitation of park and recreation areas and facilities. Projects must be consistent with the outdoor recreation goals and objectives contained in the Statewide Comprehensive Outdoor Recreation Plan and elements of your local comprehensive land use plans and park master plans. 3. Maps should be to scale, or show actual dimensions; should be on 8 %2' x 11" paper or 11" x 17"; show all existing facilities, easements, utilities, and new facilities proposed in application; should be color coded Jor ease of understanding; will be reviewed by the Oregon Outdoor Recreation Committee prior to your schedule presentation. The project boundary map should clearly delineate the park boundary, which is subject to the conversion provisions of Section 6(f)(3) of the L&WCF Act. I 4. Overhead utility lines constitute a major detraction from the natural quality of many outdoor recreation areas and must be eliminated where possible. Reasonable steps should be taken to ensure the burial, screening or relocation of Page 3 5. overhead lines for development and acquisition projects, where lines visibly intrude on the site's character. All new electrical wires under 15KV, and telephone wires must be placed underground. If existing lines cannot be removed, rerouted or buried, please explain in the program narrative and environmental assessment. 6. L&WCF provides up to 50 percent funding assistance. Land previously acquired cannot be used as match. 7. Minimum federal share is $12,500; $25,000 total project costs. 8. All project sponsors must be in compliance with Section 504 of the Rehabilitation Act and the Americans with Disabilities Act of 1990. Please discuss what improvements will be made to meet the accessibility requirements. 9. Project sponsors will be assessed an administrative fee for an approved project. 10. Within the first year after project approval, the project sponsor must have awarded contracts and/or have completed at least 25 percent of the project. 11. No project may begin without authorization from OPRD through a signed State/Local Agreement. 12. Projects that do not receive funding may be modified and submitted in another cycle. 13. Projects areas and facilities must remain for public outdoor recreation use in perpetuity. Project areas and facilities funded with L&WCF assistance in the past must be in compliance with the L&WCF program. 14. Pre-agreement design and engineering costs may be eligible. All other project costs and match must occur within the project period. 15. Administrative Rules for the L&WCF program are included in the Grants Manual. I would encourage those of you that have never applied, to call me if you have any questions or wish to apply for matching grant funds. You can reach me at (503) 378- 4168 extension 241 or Glennys Lindsay, Grants Program Assistant, at (503) 378-4168 extension 477. An Oregon Grants Manual and Application Forms for the Land and Water Conservation Fund are now available and will be sent to you upon request. This information is also available on our website at www.prd.state.or.us. y AGENDA ITEM # FOR AGENDA OF 7.10.01 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Initiation of Vacation Proceedings of SW Beveland Street (cry, SW 72nd Avenue Public Ri ht-of-Wa VAC2001-00002 . PREPARED BY: Mathew Scheidegger DEPT HEAD OK ITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council vacate an approximate 11,702 square foot portion of public right-of-way commonly known as SW Beveland Street? STAFF RECOMMENDATION It is recommended that Council initiate vacation proceedings by adopting the attached Resolution which sets a formal public hearing date on the vacation for August 28, 2001. INFORMATION SUMMARY For the vacation of streets, easements and other public dedicated areas, the City Council begins the process by passing a Resolution to schedule a formal public hearing to consider such requests. Stoel Rives, LLP, on behalf of Lowe's Hardware (2S101AB-02706 and 2S101AB-02707), Louie A Stober (2S 101 AB-01604), and Whitethorn, LLC (2S 101 AB-01900), is requesting that the City Council initiate vacation proceedings for a portion of SW Beveland Street at SW 72nd Avenue. The portion of SW Beveland Street right-of-way that has been requested to be vacated lies to the north of the newly configured SW Beveland Street and to the west of SW 72nd Avenue. The portion of SW Beveland Street right-of-way to be vacated is due to the new alignment of SW Beveland to align directly with SW Beveland Street east of SW 72nd Avenue. If the requested vacation is approved, the vacated land will revert in half-street widths to the abutting property owners to the north located at 2S 101 AB-01604 and 2S 101 AB-01900. The new alignment was constructed across tax lots 2S 101 AB-02705, 2S 101 AB-02706 and 2S 101 AB-02707, which are owned by Lowe's Hardware. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72"d intersection. The land needed for that improvement and the associated right-of-way was dedicated by Lowe's Hardware to the City of Tigard. As a result of the relocation, a small portion of parcels 02706 and 02707 remains to the north of the relocated SW Beveland Street and south of the old right-of-way. The left over portion of land is to be quit-claimed to tax lot 2S101AB-01900 to the north after the old right-of-way for SW Beveland Street has effectively been abandoned. Appropriate agencies shall be contacted for their comments prior to developing a report for Council consideration. OTHER ALTERNATIVES CONSIDERED Take no action at this time. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Attachments: Attachment 1 - (Letter Requesting Initiation of the Vacation) Attachment 2 - (Resolution Initiating the Vacation) Exhibits: Exhibit "X'- (Legal Description) Exhibit "B" - (Site Plan) Exhibit "C" - (Vicinity Map) )FISCAL NOTES There are no direct fiscal impacts as a result of this request. All fees have been paid by the applicant. i i 1:\curp1n\mathew\vac\Bevc1and Agenda Item summary Sheet.doc i i i I STOEL RIVES LLP Attachment A T T O R N E Y S RECEIVED PLANNING STANDARD INSURANCE CENTER 900 SW FIFTH AVENUE, SUITE 2600 ^AA MAY 1 5 2001 PORTLAND, OREGON 97204-1268 1:1 11hunc(503)224-3.380 Fax(50,3)220-2480 TDD (503) 221-1045 CITY OF PGARD Inlemet: www.slmLmm May 3, 2001 FRANK M. FLYNN Direct Dial (503) 294-9623 email fmflynnostoel.com Mayor Jim Griffitth and City Council Members City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Re: Notice of Intent To File and Petition. To Vacate a Portion of SW Beveland Road Dear Mayor Griffitth and City Council Members: This office represents Lowe's HIW ("Lowe's" or the "Petitioner") in matters related to its Tigard store. By common agreement, the Petitioner and Whitethorn, LLC ("Whitethorn"), owner of tax lot 1900, and Louie A. and Jessie L. Stober (the "Stobers"), joint owners of tax lot 1604 (Whitethorn and the Stobers collectively, the "Joint Petitioners"), seek to vacate an unused portion of SW Beveland Road abutting their respective ownerships. This letter is a joint petition under the Tigard Municipal Code (the "Code") chapter 15.08 to vacate a portion of the SW Beveland Road right-of-way ("ROW") west of SW 72nd Avenue in Tigard, Oregon. ORS 271.080(1) establishes that any person interested in any real property in an incorporated city may petition to vacate all or part of a street, avenue, boulevard, alley, plat, public square, or other public place by setting forth a description of the ground proposed to be vacated, the purpose for which the ground is to be used, and the reason for the vacation. The city of Tigard (the "City") has adopted Ordinance 85-01 implementing ORS chapter 271 as it relates to the vacation of streets, ways, public squares, and other public places. Therefore, the Code contains the application requirements and approval criteria relevant to such a vacation petition. i SW Beveland Road west of SW 72nd Avenue has been relocated south to align directly with SW Beveland Road east of SW 72nd Avenue. The new alignment was constructed across tax lots 2S 101 AB2705, 2S 101 AB2706, and 2S 101 AB2707, which are owned by Lowe's. The purpose for the relocation was to ensure better traffic flow at the SW Beveland/SW 72nd intersection. The land needed for that improvement and the associated ROW was dedicated by I'onludl-2065024.1 IM)21197.11MM6 SLATILE PORTLAND VANCOUVER, WA I1Ultil: SALT LAKE CITY WASIIINGTON, D.C. STOEL RIVES LLI Mr. Matt Scheidegger May 3, 2001 Page 2 Lowe's to the City. As a result of the relocation, the old ROW for SW Beveland Road has effectively been abandoned. The Petitioner and Joint Petitioners are now applying to the City to vacate a portion of the ROW of SW Beveland Road from approximately 225 feet west of SW 72nd Avenue to its intersection with SW 72nd Avenue. The Petitioner owns tax lots 2SIOIAB2706 and 2S101AB2707 (lots 30 and 31 in Hermoso Park), which abut the affected section of the SW Beveland Road ROW no longer in use. The new alignment crosses tax lots 2S 101 AB2705, 2S 101 AB2706, and 2S 101 AB2707 and connects with SW 72nd Avenue just south of its former location. The petition will involve two additional abutting property owners: Whitethorn (tax lot 2S101AB1900) and the Stobers (tax lot 2S101AB1604). We understand that, if approved, the vacated land will revert in half-street widths to the abutting property owners. Applicable Criteria Evaluation criteria for street vacations are established by ORS 271.080-.230. The City has adopted chapter 15.08 of the Code as the specific provision implementing ORS chapter 271, and therefore the provisions of chapter 15.08 apply to this petition. Initiation of Vacation Section 15.08.040 provides: "(a) A vacation may be initiated in two ways: "(1) Any interested person(s) may file a petition requesting a vacation in the manner provided by this chapter; or a "(2) The council may make a vacation without a petition i or consent from the affected property owners provided: i i "(A) Notice is given as provided by section 15.08.120 of this chapter; "(B) The owners of the majority of the area affected computed on the basis of ORS 271.080 have not objected in writing; and Purnlnd l -20651):4.1 IX )2I W7-(N N N)( STOEL RIVES Mr. Matt Scheidegger May 3, 2001 Page 3 "(C) All abutting property owners have consented to the vacation except the city may proceed with the vacation without the consent of the owners provided the city pays damages in situations where the vacation substantially affects the market value of the property. "(b) In the event that city owned property abuts an area proposed for vacation, the city administrator shall have the authority to give consent or withhold consent for purposes of initiating the petition." The Petitioner is the owner of record of tax lots 2SIOIAB2706 and 2S101AB2707, which abut the portion of SW Beveland Road to be vacated. Hence, the Petitioner is a person interested in real property located adjacent to the subject street vacation and is therefore eligible to initiate the vacation process. The Joint Petitioners are also persons interested in real property adjacent to the subject street vacation and therefore are appropriately named as Joint Petitioners in this request. Prepetition Conference Section 15.08.050 of the Code requires that persons interested in submitting a vacation petition make application to the city recorder for a prepetition conference and meet with the recorder, planning director, and public works director in a prepetition conference. Based on a February 20, 2001 telephone conversation with you, we understand that a prepetition conference is not mandatory. For this reason, the Petitioner did not attend a prepetition conference; we have agreed to meet with you to review the complete application package. Notice of Intent To File Vacation Petition Section 15.08.060 of the Code requires the interested person to file a notice of intent to file a vacation petition with the recorder. The notice of intent must be accompanied by a fee deposit and a copy of the assessor's map showing the area to be vacated. Upon receipt of this information, the recorder must give the notice of intent to vacate to all utility providers, the county, and other interested parties and will request that all utility providers and interested persons provide a written response within 30 days. ' This letter and enclosed exhibits are the Petitioner's notice of intent to file a vacation petition. The required fee deposit is provided as Exhibit C. A map of the area to be vacated is provided as Exhibit F. 1'unhul l-?IKSU24. 11 N1211 MJ7-I N N N K MIN Ell 110111111 1 11mi .S'TOEL RIVES u.r Mr. Matt Scheidegger May 3, 2001 Page 4 Vacation Petition, Boundaries, and Required Legal Documents Section 15.08.070 of the Code requires the Tigard public works director to identify the vacated area, affected property owners, and any legal documents required as conditions of approval. The public works director must also provide an estimate of costs, a legal description of the area to be vacated, information relating to the location and names of affected property owners, and any conditions of approval that would be attached to the approved vacation. The recorder is then required to mail the petition form and information compiled by the public works director to all interested parties. These requirements will be addressed during the City's review of the application. Complete Application Section 15.08.080(b) of the Code requires the following information be provided to ensure that a petition to vacate is complete: "A complete application shall include: "(1) A completed petition consenting to the vacation which is signed by all abutting property owners and the property owners of not less than two-thirds of the property affected as provided by ORS 271.080 (2); "(2) A fee deposit as required by Section 15.08.160 of this chapter; "(3) Each legal instrument required by the director of public works which is signed by all required persons; "(4) A certificate showing that all city liens and all taxes have been paid on the land covered by the petition in the case of a vacation of a plat or a portion thereof; "(5) A report from a title company indicating the name and address of all persons holding an interest in the abutting property and affected property." i'ortlud1-2005024.1 (MJ21(M)74XXX)6 III STOEL RIVES LLr Mr. Matt Scheidegger May 3, 2001 Page 5 Signatures of Property Owners There are four properties (i. e., tax lots 2S 101 AB 1604, 2S I OI AB 1900, 2S I01 AB2706, and 2S 101 AB2707) under three ownerships abutting the area to be vacated. The Petitioner owns tax lots 2SIOIAB2706 and 2SIOIAB2707, Whitethorn owns tax lot 2SIOIAB1900, and the Stobers own tax lot 2S101AB1604. The signatures of the three abutting property owners consenting to the vacation are provided as Exhibit A. A petition to vacate a public street requires the signatures of not less than two-thirds of the property owners affected. See Code § 15.08.080(b)(1). Affected property owners are defined as those owning land lying on either side of the right-of-way to be vacated and extending laterally to the next street serving as a parallel street, but not extending more than 200 feet, and property owners on either side of the street 400 feet beyond the terminus of the portion of the street to be vacated. A map of the affected area for this street vacation and a list of all affected property owners are presented in Exhibits E and F. The affected area contains all or portions of 29 tax lots. Exhibit B contains the signatures of the affected property owners. These signatures represent approximately 68 percent of the property owners within the defined affected area. Hence, Exhibit B demonstrates that the owners of not less than two- thirds of the affected area consent to the requested vacation. Therefore, the City can find that this requirement of section 15.08.080(b)(1) of the Code is satisfied. Fee Deposit Exhibit C is a fee deposit of $1.530, as required by sections 15.08.080(b)(2) and 15.08.160 of the Code. Legal Instruments The requirements of section 15.08.080(b)(3) will be addressed following review of the application by the public works director. Liens and Taxes Exhibit D includes certificates of city liens and taxes for the abutting properties. There is no indication that the portion of SW Beveland Road to be vacated either is assessed taxes or owes taxes. hnihid1-206 51111.1 (X121(Y)7-(XXX A STOEL RIVES LLP Mr. Matt Scheidegger May 3, 2001 Page 6 Title Report Exhibit E is a title report that includes the name and address of persons holding an interest in the abutting properties and properties in the affected area, as required by section 15.08.080(b)(5). The Petition Section 15.08.080(c) of the Code provides the following requirements for the petition: "The petition shall: "(1) Set forth a description of the ground proposed to be vacated; "(2) State the purpose for which the ground is proposed to be used; "(3) State the reason for the vacation; and "(4) Contain the notarized signatures required by ORS 271.080 (2). (Ord. 85-01 §I(Exhibit A(part)), 1985). Description of Ground To Be Vacated The portion of the SW Beveland Road ROW for which vacation is proposed is identified in Exhibit F. The Petitioner and Joint Petitioners request the vacation for those portions of the ROW of SW Beveland Road that abut tax lots 2S101AB1900, 2S101AB1604, 2S 101 AB2706, and 2S 101 AB2707. The legal description of the portion of the SW Beveland Road ROW to be vacated is provided as Exhibit G. Use of Vacated Ground The vacated land will be kept in private ownership. Lowe's is not aware of any development plans for the vacated land. Reason for Vacation When the City authorized development of a Lowe's store at SW 72nd Avenue and Highway 217, it required the relocation of a portion of SW Beveland Road as a condition of approval, to improve the alignment where SW Beveland Road intersects SW 72nd Avenue. Ponlud I -2065f 1 4. 11 M)~ 1 ny7-~M MNX STOEL RIVES Mr. Matt Scheidegger May 3, 2001 Page 7 The land used for construction of the realigned portion of SW Beveland Road was dedicated to the City by Lowe's. When the required relocation was completed, the analogous portion of SW Beveland Road was effectively abandoned as a roadway. The Petitioner and Joint Petitioners now request a vacation for that abandoned portion of SW Beveland Road to return it to private ownership, since the land no longer fulfills a public purpose. Notarized Signatures The notarized signatures required by section 15.08.080(c)(4) and ORS 271.080(2) are provided as Exhibits A and B. Required Reports Section 15.08.090 requires the planning director and public works director to prepare reports recommending approval or denial of the application to the planning commission. This requirement will be addressed during the City's evaluation of the application. Planning Commission Review Section 15.08. 100 requires the planning director to submit a report recommending approval or denial to the council. The recommendation must be based on findings of effect on traffic, pedestrian, and bicycle circulation; fire and police service response time; drainage; provision of utilities; compliance with the comprehensive plan; transportation element; and compliance with the capital-improvements program. This requirement will be met by the City during its review of the application. Concurrent Hearings Provisions for council hearing dates are provided by section 15.08.110. These requirements will be met by the City as part of its review of the application. Notice Section 15.08.120 requires that notice of the public hearing be published in the Tigard Times and/or The Oregonian once each week for two consecutive weeks before the hearing. It requires that additional notice be posted at or near the end of the proposed vacation in the proposed vacation areas within five days after the first day of publication, which is no less than 14 days before the hearing. The notice must describe the area to be vacated, the date the petition was tiled, the name of at least one petitioner, and the date by which written objections may be tiled with the recorder. These notice requirements will be addressed following City I'urt11u11.20,5034.1 IN 121(0)7-IN Nft STOEL RIVES LIT Mr. Matt Scheidegger May 3, 2001 Page 8 review of the application. The Petitioner will assist the City in completing this requirement as necessary. Approval Standards Section 15.08.130(a) provides, in part: "The council shall hold the public hearing and it shall approve, approve with conditions or deny the petition in whole or in part by ordinance based on findings that: "(1) The consent of the owners of the requisite area have been obtained or the provisions of Section 15.08.040(2) of this chapter have been satisfied; "(2) Proper notice has been given as required by Section 15.08.120 of this chapter; "(3) The public interest will not be prejudiced by the vacation; and "(4) A certificate showing that all city liens and all taxes have been paid on the land covered by the petition has been filed with the recorder in the case of a vacation of a plat or a portion thereof. " A public hearing will be scheduled and held as required. Based on information provided in this petition, the council has adequate information to find: • The consent of the owners of abutting properties and properties located within the defined affected area has been obtained. The required notarized consent of all relevant property owners is provided as Exhibits A and B. • Proper notice will be provided as required by section 15.08.120 of the Code. The Petitioner has provided as Exhibit E names and addresses of abutting- property owners and owners within the affected area. • The public interest would not be prejudiced by this vacation. Water and sewer lines in the area to be vacated were abandoned in place. Other utilities (i.e., cable television, telephone, and electric) were relocated along with the new Beveland Road alignment. There is currently a gas line still located in the old PoilInd 1-21 65024.1 (A)21(Y)7-IMMMK0 STOEL RIVES LH, Mr. Matt Scheidegger May 3, 2001 Page 9 ROW of SW Beveland Road. The area to be vacated no longer serves several properties that are now accessed from the realigned SW Beveland Road. The new alignment was reconstructed to appropriate construction standards and dedicated to the City, and hence the continuity of transportation service will be maintained. • There is no indication that the portion of SW Beveland Road to be vacated either is assessed taxes or owes taxes. Council Findings Section 15.080.130(b)-(c) of the Code provides the following: "(b) The council finding shall be based on: "(1) The petition; "(2) The public testimony; "(3) The recommendation of the planning commission; "(4) The report of the public works director; "(5) The letters submitted by utility providers and interested parties; and "(6) A report by the city engineer regarding payment of taxes, liens, and fees. "(c) The condition of approval may pertain to: "(1) The maintenance and use of underground public utilities or service facilities in the vacated portion; "(2) Limitations on the use of the area above and adjacent to underground utilities or service facilities; "(3) Moving at petitioner's expense the utilities or services either below, on, or above the surface; Pa1th1J I-216501.4.1 IX1211197.(X XX)(, STOEL RIVES Mr. Matt Scheidegger May 3, 2001 Page 10 "(4) Construction, extension or relocation of sidewalks and curbs; "(5) Grading or pavement extensions; "(6) Dedication for street use of other area in lieu of the area to be vacated; "(7) The posting of a performance bond to assure that all work shall be completed; and "(8) Any other matter relating to the vacation which is necessary to protect the public or adjoining property owners or to carry out the comprehensive plan." Requirements of section 15.08.130(b) of the Code will be addressed following council review of the petition, public testimony, recommendation of the planning commission, reports from the public works director and city engineer, and letters submitted by utility providers and interested parties. At that time, the council will approve, deny, or approve with conditions the petition in whole or in part. The conditions of approval, if any, would pertain to the considerations listed in section 15.08.130(c) of the Code. The information provided by this petition address the City Code and statutory requirements for a street vacation. For this and above-listed reasons, we request that the council approve the petition as a whole. Please contact me at your convenience if there are any questions. Very truly yours, Frank M. Flynn FMF:DLG:ipc:kls cc: Ms. Kim Hysni Mr. Steve Gale Mr. Bill Crocker Mr. Gary Wood, Whitethorn, LLC Mr. Jeff Kleinman Mr. Michael Robinson PonLid l-2065024.1 I MR1(M)7•IMAMM a, AGENDA ITEM # FOR AGENDA OF July 10, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A RESOLUTION AMENDING RESOLUTION 01-33 TO CORRECT THE STATEMENT OF TIGARD'S PERMANENT PROPERTY TAX RATE. PREPARED BY: Craig Prosser DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Amend Resolution 01-33, which adopted the FY 2001-02 City Budget and authorized the levying of property taxes, to correct the statement of Tigard's permanent property tax rate. STAFF RECOMMENDATION Approve the resolution. INFORMATION SUMMARY Tigard's permanent property tax rate was initially established by Measure 50 as $2.5132 per $1,000 of assessed valuation. This amount was later corrected due to a mathematical error to $2.5131 per $1,000. Tigard apparently failed to pick up this correction, and the original amount has been used in the City Budget since FY 1998-99 (the first year that Measure 50 and the permanent rate were in effect). This year, the Washington County Assessor noticed the error and asked Tigard to amend Resolution 01-33, which adopted the FY 2001-02 budget and authorized the levying of Tigard's permanent property tax rate. With the adoption of this resolution, the rate will be stated correctly as $2.5131 per $1,000. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY , N/A , ATTACHMENT LIST Resolution i FISCAL NOTES Tigard's total projected property tax collections in FY 2001-02 are $8,034,676. This correction reduces that amount by $340. vd t ,'ABLE 4a - DETAIL OF TAXING DISTRICT LEVIES Tax Year 2000-01 _ county: Washington 1 Taxing District Code 343120000 2 Taxing District Name City of Tigard 3 Joint Counties I J "GAP" BONDS OR PERMANENT LOCAL OPTION UR SPECIAL LEVY Inside MS Limit Inside M5 Limit Inside MS Limit Outside M5 Limit TOTAL Ad Valorem Tax Levies 4 Permanent Levy (if dollar amount) ? tna 0.00 5 Local Option Levy (if dollar amount) r ygr " r lµ 0.00 6 "GAP" Bond Levy ~r~ ' 0.00 7 Urban Renewal Special Levy 0.00 8 Bond Levy 286,606.00 286,606.00 9 TOTAL LEVY (add lines 4 thru 8) 0.00 0.00 0.00 286,606.00 286,606.00 Adjustments 10 Amount Raised in Other Counties 11 NET LEVY FOR TAX RATE (line 9 minus line 10) 0.00 0.00 0.00 286,606.00 286,606.00 Taxable Property Value 12 Total Assessed Value+ 3,254,596,701 13 Add: Non-Profit Housing Value 14 Add: Fish and Wildlife Value 15 Subtract: Urban Renewal Excess (amt used only)' 16 VALUE TO CALCULATE THE TAX RATE 3,254,596,701 Tax Computations ~Prr<10 17 Tax Rate (line 11 divided by Irne 16) 2.5731 0.0880 2.6011 18 Amount Tax Rate Will Raise (line 16 times line 17) 8,179,126.97 0.00 0.00 286,404.51 8,465,531.48 19 Truncation Loss (line 18 minus line 11) 0.00 0.00 201.49 201.49 20 Total Timber Offset Amount t 0.00 21 Timber Offset Allocated to Other Counties 0.00 22 Timber Offset Allocated To This County (line 20 -line 21) 0.00 r Y;' 0.00 23 Timber Tax Rate (line 22 divided by line 16) 0.0000 24 Billing Rate (line 17 minus line 23) 2.5131 0.0000 0.0000 0.0880 2.6011 25 Total Extended for District (line 24 times line 16) 8,179,126.97 0.00 0.00 286,404.51 8,465,531.48 26 Gain or Loss from Individual Extension 0.88 2.22 3.10 27 Compression Loss (Enter as a negative number) 1.44 -1.44 28 TOTAL. TAXES IMPOSED (line 25+line 26+line 27) 8,179,126.41 0.00 0.00 286.406.73 8,465.533.14 Additional Taxes/Penalties 29 Farmland (ORS 308.395, 308.399) 0.00 0.00 30 Forestland (ORS 321 372, 321.825) 0.00 31 Western Oregon Small Tract Option (ORS 321.760) 11,021 79 71,021.79 32 Open Space (ORS 308.770) 0.00 33 Single Family Residence (ORS 308.685) 0 00 34 Historic Property (ORS 358.525) 0.00 35 Other 0.00 36 Late Filing Fee County Only (ORS 308 302) 0.00 37 Clerical Error (ORS 311.206) 3.422.24 3.422.24 38 TOTAL ADDITIONAL TAXES/PENALTIES (lines 29 thru 37) 14,444.03 74,444.03 39 TOTAL TO BE RECEIVED (line 28 plus line 38) 8,179,126.41 0.00 0.00 300,850.76 8,479,977.17 40 Percentage Schedule (ORS 311 390) 7.9852280% For urban renewal special levies, enter zero on this line. excess value 13 not subtracted. AGENDA ITEM # FOR AGENDA OF July 10, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: A Resolution waiving the Purchasing Rules 70.020 Screening and Selection Policy for Personal Services Contracts in relation to the Buildin Division inspection and plan review contract with Winstead & Associates and Electrical Inspection Services. PREPARED BY: Gary Lampella DEPT HEAD OK Y MGR OK IkAO~ ISSUE BEFORE THE OUNCIL Shall Council authorize waiving of the Purchasing Rules 70.020 " Contract Amendments" until such time the Building Division can complete an RFP process for the contracting of certain inspection services. STAFF RECOMMENDATION Authorize the waiving of the Purchasing Rules 70.020 and allowing the Building Division to continue contracting with Winstead and Electrical Inspection Services until September 30, 2001 or until such time an RFP process has been completed. INFORMATION SUMMARY Beginning in July of 2000 Winstead and Associates and Electrical Inspection Services were hired by the City to provide building inspections and plan review for the Building Division. At that time the intent was to use them only as backup for overflow work. Because of the increase in building activity, current staff was unable to keep up with the heavy workload so the Building Division determined that the City would continue to use Winstead and Electrical Inspection Services. In addition, during the last six months one staff person was absent on administrative leave and two on medical leave. The result is that overall staffing has been reduced to 40% of full staffing level. This necessitates the continued use of contract inspection services. Because of these various factors, staff was unable to initiate and complete the required process as outlined in the City's Purchasing rules. An earlier contract for Winstead in the amount of $7,500 has been exceeded. Therefore, new Personal Service Contracts with the two vendors need to be initiated and finalized. To date, Winstead & Associates have been paid a total of $55,121.69 and Electrical Inspection Services have been paid $23, 075.00. Staff is requesting continued use of these services until September 30, 2001 and not to exceed $25,000. The Building Division will send out a Request for Proposal at the beginning of Fiscal Year 2001/02 and follow the correct purchasing process for any additional services they may require. OTHER ALTERNATIVES CONSIDERED Hire additional temporary staff. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Exhibit A - Memorandum: Workload Levels and Revenues. Exhibit B - Resolution FISCAL NOTES The budgeted amount for contract inspections for Fiscal Year 2000/01 was for $30,000. The Building Division, having a dedicated fund, has experienced additional revenue over and above the projected amount. The funds will be covered by the Building Division dedicated funds. iCITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD "EXHIBIT A" TO: Honorable Mayor and City Council FROM: Gary Lampella, Building Official DATE: June 25, 2001 SUBJECT: Workload Levels and Revenues The Building Division has experienced a substantial increase in building activity this fiscal year. Inspections have increased 57% over the activity we experienced last fiscal year with a reduction in staff of 1 plans examiner and 1 inspector. Additionally we have had a plumbing inspector absent since January, an electrical inspector absent since April on a medical leave, and a building inspector absent since the first week of May on medical leave. These absences, coupled with our staff reduction of last year, has reduced the plan review and inspection staff from 9 FTE to 4 FTE. As a result, the Building Division has had to rely on contractual services in order to maintain an acceptable level of service. In addition to contract inspectors, the commercial plans examiner has been spending approximately 50% of his time performing field inspections. With increased inspection activity, the plan review has increased accordingly and the turn around time for review has increased. The Building Division has dedicated funding that supports its activity and financial functions. The total projected revenue for this fiscal year was approximately $1.46 million. As of June 22, 2001 the division has collected in excess of $2.26 million in revenue. This results in an increase of 55% over and above projected revenues for the year and 75% over last fiscal year revenues, so the Building Division revenue funds are in excellent condition. The increase in contractual services would be paid from this revenue source and there would be no impact on the General Fund. We have filled the vacated pluming inspector position and have hired a temporary inspector to help with the workload. It is unknown at this time whether the 2 employees on medical leave will return to full-time status. This still results in an understaffing level with the current building activity. The maximum number of inspections per day per inspector should be 15 or 16. Currently they are averaging over 20, and sometimes more. Inspectors are more apt to miss something during an inspection carrying this heavy of workload. This is not what the Building Division would encourage. The Building Division will more than likely require contract inspection services until at least the end of summer in order to maintain service levels and reduce the workload of existing staff. AGENDA ITEM # 4.7 FOR AGENDA OF 7/10/2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award of Personal Computer Bids PREPARED BY: Paul de BM)m DEPT HEAD OK Y MGR OK ISSUE BEFORE THE COUNCIL Award contracts to the top four successful bidder computer vendors. STAFF RECOMMENDATION Award contracts to Computer Technology Link, Caliber Computer Corp, Northwest Computing and Precision Computers. Awarding contracts to multiple vendors gives us the ability to order equipment from a secondary vendor should the primary vendor fail to meet city requirements at any time. INFORMATION SUMMARY The City of Tigard has had a personal computer contract with 3 vendors since July 1998. Most computers have been purchased from Caliber Corp. We are satisfied with their performance and we will continue to purchase from them in addition to the other three vendors. Although low price by itself was not the deciding factor, three of the four successful vendors were in the lowest five bidders. The fourth successful bidder ranked eighth in price. Other factors, such as service, responsiveness, warranty and delivery contributed to the final ranking. OTHER ALTERNATIVES CONSIDERED Although all eighteen vendors might be able to satisfy the city's requirements, when we factored in measurements other than cost, the selected four bidders were deemed the best choice for the city. We intend to purchase computer equipment from each of these four successful vendors and they will be compared to each other to determine the primary cost effective vendor for the city. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Provide description of attachments FISCAL NOTES The funds for this are already budgeted and approved. There is no need for additional funding. fEPIP N A W V1010 +10 t0A OD MINA+W O V W Oo T C z fZAf o)o O O O O O O O O O O O A A O# O A A A ~3Qj~ W Z 8 O W O O O W W O O W O W O O W W W W W m t~ W W W W O W W O W W W W W O W W W W W m 2' f00f0 10 0 10 10 co:: 0. W NO W OA 100 ut ONIOOOOOOO N,O N V OAO W 10 a O { O+ 0 0 0 O N O W A O O O OW W O W N A Sm g~ 0 0 0 0 0 0 0+ 0 0 0 O O O W O O A N y W N S 0 0 0 0 0 0 0+ 0 0 0 O O N O O O W N { y O+ O O O O O O O O O O O O O O N O O N {y a~ O+ 0 0 0 O O O O O O O O O O O N O O W {W O+ 0 0 0 O O O O O O O O N O O N O O C 3 0 0 0 0 0 0+ 0 0 0 N O 0 0 0 0 0 0 0 NN N m 1000+N W W ANOI V OD C"n P .Tl ~i + O++ 0 0 0 0 0 0++ 0 0 + 0 0+ W 001I A (~I ~,I p~ p~ p~ pe V V W+~ V N W A W~~ N N A N W O N NIDA W~ VNO)+00 V OO1A W utN+ COMPUTER VENDOR EVAULATIONS PRICE Northwest Micro Technologies $756 plus $99Win = $855 Shea Technologies $738 Plus $40 for 3Com, plus $95 for WinSE = 873 Computer Technology Link $788 plus $89Win= $877 CaDan Corporation $786 plus $95Win = $881 Caliber Computer Corp $803 plus $95Win = $898 I-Net Consultants $932 includes Win98 Aspect Computer Corp $948 includes Win98 Precision Computers $966 includes Win98 Aztek $974 includes Win98 Computer Service $972 plus $98Win98 = $1070 Konica Computer Solutions $983 plus $95WinSE _ $1078 Datec, Inc $1034 plus $95WinSE _ $1129 Comark $1043 plus $95 WinSE _ $1138 Optec $1154 plus $40 3Com = $1199 Cascade Computer Maintenance $1310 Cascade Computer Maintenance $1390 Cascade Computer Maintenance $1460 Compucom $1518 plus $40 3Com,$95 win=1653 Daktech, Inc $1836 plus $95Win, $23 WS KB=$1954 SUPPLIED EQUIPMENT DOCUMENTATION Computer Technology Link Yes CaDan Corporation Yes Caliber Computer Corp Yes Aspect Computer Corp Yes Precision Computers Yes Computer Service Yes Northwest Micro Technologies No Shea Technologies No I-Net Consultants No Konica Computer Solutions No Datec, Inc No Comark No Optec No Cascade Computer Maintenance No Cascade Computer Maintenance No Cascade Computer Maintenance No Compucom No Daktech, Inc No Aztek No RIM 11100 11 GAYS TWO CONTACTS Northwest Micro Technologies Yes Computer Technology Link Yes CaDan Corporation Yes Caliber Computer Corp Yes Precision Computers Yes Computer Service Yes Konica Computer Solutions Yes Comark Yes Optec Yes Daktech, Inc Yes Shea Technologies No I-Net Consultants No Aspect Computer Corp No Datec, Inc No Cascade Computer Maintenance No Cascade Computer Maintenance No Cascade Computer Maintenance No Compucom No Aztek No GAVE REFERENCES Northwest Micro Technologies Yes Computer Technology Link Yes CaDan Corporation Yes Caliber Computer Corp Yes I-Net Consultants Yes Aspect Computer Corp Yes Precision Computers Yes Computer Service Yes Konica Computer Solutions Yes Comark Yes Optec Yes Cascade Computer Maintenance Yes Cascade Computer Maintenance Yes Cascade Computer Maintenance Yes Compucom Yes Daktech, Inc Yes Shea Technologies No Datec, Inc No Aztek No i i i DELIVERY DATE CTL 4 to 5 Northwest 5 I-Net 5 Aztek 5 Computer services 5 to 7 CompuCom 5 to 7 Caliber 7 Aspect 7 Precision 7 Datec 7 Shea 10 Cadan 10 Konica 10 Comark 10 Cascade 10 Cascade 10 Cascade 10 Optec Will try to meet 10 DakTech Not Answered RANK BY REVENUE Compucom $2.7 Billion Caliber Computer Corp $200 million Computer Technology Link $60 million Aspect Computer Corp $55 million Optec $20 million Daktech, Inc $12 million Precision Computers $11 million CaDan Corporation $8 million Computer Service $1.3 million I-Net Consultants 0 Konica Computer Solutions 0 Datec, Inc 0 Comark 0 Cascade Computer Maintenance 0 Cascade Computer Maintenance 0 Cascade Computer Maintenance 0 Northwest Micro Technologies 0 Shea Technologies 0 Aztek 0 Rank by Longevity Comark 24 years Optec 17 years Northwest Micro Technologies 14 years Caliber Computer Corp 14 years Precision Computers 14 years Compucom 14 years Computer Technology Link 12 years Daktech, Inc 11 years Aspect Computer Corp 10 years CaDan Corporation 9 years Computer Service 8 years Shea Technologies 0 I-Net Consultants 0 Konica Computer Solutions 0 Datec, Inc 0 Cascade Computer Maintenance 0 Cascade Computer Maintenance 0 Cascade Computer Maintenance 0 Aztek 0 i i i i i 1 RESIDENT CORPORATION Northwest Micro Yes CTL Yes Precision Yes Computer Services Yes Cascade Yes Shea No I-Net No Konica No Datec No CaDan No Aspect No Comark No Optec No Compucom No DakTech No Aztek No i i i i a WARRANTY- 4 HOURS Shea $59 Northwest $85 per hour CaDan $125 per hour CTL $45 Caliber $20 Inet $95 Aspect - not specified Precision - $25 per call Computer Services - $47 per hour Konica - n/a Datec n/a Comark n/a Optec n/a Cascade $285 per 3 years Compucom $272 for 3 years Daktec n/a Aztek N/A WARRANTY- 48 HOURS Shea $39 Northwest $85 per hour CaDan $85 per hour CTL $25 Caliber $20 Inet $55 Aspect - not specified Precision $48 per year Computer Services $62 per hour Konica $115 per 3 years Datec n/a Comark n/a Optec n/a Cascade $214 for 3 years Compucom $108 3 years Daktech n/a Aztek $92.70 3 years WARRANTY - I YEAR Shea Std Northwest - $48 CaDan Included CTL inc Caliber inc Inet inc Aspect - inc Precision - $48 per year Computer Servcies - Inc Konica - $115 Datec n/a Comark inc Optec inc Cascade inc Compucom mfg spec Daktech 7 year parts Aztek 3 year WARRANTY - 2 YEARS Shea n/a Northwest n/a Cadan Included Ctl INC Caliber inc Inet Cost plus 20% Aspect n/a Precision - $48 per year Computer services - $100 per year Konica $115 Datec n/a Comark inc Optec 3 year part, 1 year labor Cascade inc Compucom mfg spec Daktech 7 year parts Aztek 3 year WARRANTY - 3 YEARS Shea $20 depot Northwest $95 Cadan included a Ctl inc i Caliber n/a Inet Cost plus 30% Aspect n/a t Precision - $48 per year Computer services $100 per year Konica $115 3 Datec n/a Comark inc Optec - 3 year parts, 1 year labor Cascade inc Compucom mfg spec Daktech 7 years parts IM1111 11110 Aztek $92.74 IBM WARRANTY TURNAROUND TIME Shea 10 days Northwest n/a Cadan 10 days Ctl 3 days Caliber 7 days Inet 2 days Aspect 5 days Precision - 2 days Computer services 3 days Konica 21 days Datec 2 days Comark 1 day Optec - n/a Cascade 5 days Compucom 5 days Daktech 10 days Aztek 5 days NOTES ON EACH VENDOR'S PROPOSAL Shea Technologies No references No manuals No Windows price specified No 3Com card - add $40 No second contact name Resident = no No revenue No longevity No price for WinSE Add $95 Delivery date -10 Northwest Micro Not sure how much to add for Win98 - $48?? Resident=Yes Gave refs, two contacts No manuals No revenue, 14 years Delivery 5 CaDan Plus $95 for WindSE Gave two contacts, gave 3 refs Included manuals Revenue = $8 million Longevity= 9 years Resident = No Delivery 10 CTL Add $89 for WinSE Bid on-board Intel Enet, no instructions to turn off Gave longevity, $60 million Gave refs and two contacts Resident=yes Delivery 4 to 5 Caliber Add $73 for WinSE Included manuals Resident-mo Revenue = $200 million Longevity = 14 years Delivery - 7 I-Net Add $99 for WinSE Gave refs Resident=no No Revenue No Longevity No Manuals No Two contacts Delivery - 5 -101 Aspect Computer Resident= No Revenue = $55 mill Longevity=10 years Gave refs Price includes WinSE No two contacts Delivery 7 Precision Gave references Revenues = $11 million Longevity = 14 years Gave three contacts Price includes WinSE Gave manuals Delivery 7 Computer Services Longevity = 8 years Revenue = $1.3 million Gave two contacts Resident = Yes Gave refs Gave manuals Onboard Enet, no turn off instructions Delivery 5 - 7 Konica Gave two contacts Gave Refs No longevity No revenues No manuals Resident = no Delivery 10 Datec No references No contacts No manuals No longevity No revenue No resident Delivery 7 Comark Non ATI video Gave two contacts Resident = no No revenue Longevity = 24 years No manuals Not enough copies Delivery 10 Optec Non ATI video Gave refs Longevity-- 17 years Revenue = $20 million Compaq Deskpro bid No manuals Gave contacts Resident = No Integrated enet =no directions Delivery -try for 10 Cascade 1,2 and 3 Gave refs No contacts - No revenues - No longevity No resident No Manuals Delivery 10 Compucom Longevity = 14 years Revenues = $2.7 Billion Non ATI video Compaq equipment No 3com No win98 No contacts Resident = no No manuals Delivery 5 - 7 DakTech No enough copies Non Microsoft keyboard Gave contacts Longevity = 1 I years Revenues =$12 million Resident = no Gave references No manuals Delivery - Not specified Aztek 3 copies non-microsof3 mouse No contacts No longevity No revenue Resident = no References = no No manuals Delivery - 5 days Quality of equip & serv - 25 Refs - 10 Price - 20 Del date - 15 Wamty -15 Complete and follow instruc - 10 Longevity - 5 IMININ In Nis AGENDA ITEM # FOR AGENDA OF July 10, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE:~Prorperty Acquisition for Burnham Street Improvements PREPARED BY: A.P. Duenas DEPT HEAD OK : A.P. D/ueenass CITY MGR OK: Bill oNIo nahan ISSUE BEFORE THE COUNCIL Shall the City Council approve acquisition of the property owned by Gerald C. Cach and Nicolas Capistrano, a portion of which is needed for the Burnham Street improvements? STAFF RECOMMENDATION The staff recommends that City Council, by motion, approve the acquisition of the Cach and Capistrano property to allow for future improvements of Burnham Street between Main Street and Hall Boulevard. Staff further recommends that City Council authorize the City Manager to execute the Purchase and Sale Agreement and make the payment to acquire the property. INFORMATION SUMMARY The existing Burnham Street is a Major Collector that runs in a southeasterly direction and connects Main Street and Hall Boulevard. The street currently is of substandard width with a pavement surface that is incapable of accommodating current and future transportation needs. Various segments of the street have no sidewalks and certain areas offer narrow shoulders forcing pedestrians to walk along the edge of the travel lanes. The street requires reconstruction and widening to meet major collector standards. The current public rights-of-way that vary between 40 feet and 60 feet will need to be expanded to accommodate the widening. In the City Council meeting on February 22, 2000, City Council awarded a contract to CIDA, Inc. to provide the engineering design and right-of-way acquisition services for the project. The project design includes upgrading of the existing utilities and reconstruction and widening of Burnham Street to enhance the safety of both motorists and pedestrians. The design of the project is about 70% complete and the rights-of-way have been identified for acquisition. A portion of Tax Lot 2S102AB05100 (see attached vicinity map for location of property) is needed to accommodate the proposed improvements. There is an existing house on the property which is currently being leased on a month-to-month basis to a construction contractor. The porch on the existing house protrudes into the proposed sidewalk area. However, it is an open porch and can be removed without compromising the structural integrity of the building. The City contracted with Day Appraisal Company, Inc. to prepare an appraisal report for the property. During the process of negotiation, the property owners offered to sell the entire lot to the City for an amount that is within the range of market value for the property. It is possible to acquire a strip along the front sufficient to allow for the expansion of the 1-~ INEI INNIMIMEJ ti street and construction of the sidewalk. Acquisition of the strip would require removal of the porch and restoration of the side of the existing building. However, the offer to sell by the owners of the property presents an opportunity for the City to purchase the entire lot, dedicate the strip necessary for the project, consolidate the remainder of the property with the recently purchased adjacent lot, and eventually sell the consolidated parcel to a developer that could enhance the Tigard downtown area. The preliminary findings from the Phase 1 Environmental Site Assessment, which is being performed by Hahn and Associates, Inc., indicates that while there are environmental issues in the surrounding area, there is no evidence of recognized environmental conditions in connection with the subject property that would necessitate further environmental investigation. The written report is now being prepared. The owners of the property have agreed to settle matters with the current tenant and ensure that the property is vacated prior to the closing date for the purchase. The Purchase and Sale Agreement requires that the property and all the premises must be vacant and ready for exclusive possession by the City no later than October 1, 2001. Therefore, there are no relocation costs associated with the purchase. The conditions of the sale include granting of an easement immediately adjacent to the easterly property line for access to a landlocked parcel immediately north of the subject lot. The existing building can be available for use by the City until such time as demolition and removal becomes necessary. At some point in the future, possibly prior to sale of the remainder of the property, removal of the building may become necessary. OTHER ALTERNATIVES CONSIDERED Acquire only the strip of land needed for the street expansion, and pay the costs for removal of the existing porch and restoration of the side of the building. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This project meets the Tigard Beyond Tomorrow Transportation and Traffic Goals of "Improve Traffic Safety". ATTACHMENT LIST Vicinity map showing the location of the property. FISCAL NOTES c H This project is funded in the FY 2001-02 CIP using Traffic Impact Fee funding in the amount of $300,000 for design and right-of-way acquisition. There are sufficient funds in the project account to purchase the property. 5 I:\Citywide\Sum\Summary for Acquisition of the Cach Property.doc MINIM Vicinity Map Cac~ is n p rty Ac isit n a~ 2 2 5100 Cach & Capistrano / Property V~/~~ AGENDA ITEM # FOR AGENDA OF July 10, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUN94ARY ISSUE/AGENDA TITLE Approve Addendum to City Manager's Contract PREPARED BY: Bill Monahan DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the Council approve the proposed addendum to the employment agreement for City Manager Bill Monahan? STAFF RECOMMENDATION Approve the proposed addendum. INFORMATION SUMMARY During the recent performance evaluation of City Manager Bill Monahan, Council directed that an addendum to the employment agreement be prepared for its consideration. The amendment reflects a modification to Section 4D, Vacation, of the agreement and becomes effective as of May 15, 2001. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Addendum to Employment Agreement FISCAL NOTES N/A IAADWCITY COUNCIUCOUNCIL AGENDA ITEM SUMMARIESICITY MANAGER CONTRACT ADDENDUM.DOC r ADDENDUM TO EMPLOYMENT AGREEMENT The EMPLOYMENT AGREEMENT between the CITY OF TIGARD and WILLIAM A. MONAHAN was most recently revised on July 10, 1999. The term of the contract runs through May 15, 2002. During the annual performance review conducted by the City Council, Council agreed to modify Section 4 of the Agreement, "Salary, Hours of Work, Vacation and Sick Leave." Specifically, the modification is to SECTION 4D. Vacation. The language reads as follows: "Vacation: The CITY grants the EMPLOYEE vacation benefits at the rate of accrual for an employee with twenty (20) years of service effective May 15, 2001. EMPLOYEE is subject to the same accrual limits as other management employees, to be used as he deems appropriate." IN WITNESS WHEREOF, the CITY OF TIGARD, OREGON, has caused this ADDENDUM TO AGREEMENT to be signed and executed and EMPLOYEE has signed and executed this ADDENDUM TO AGREEMENT, both in duplicate, the 4 /,o r day of July, 2001. 04 A/ a Ci y r, Pig-Ld William A. Monahan, EMPLOYEE ne W ATTEST: City Recorder PROVED AS TO FORM City Attorney H:%DOCSVVW0RMMlCE"1VADHAHAN ADDF.M MTO EMPLOYM WAGREEMEW f. ADDENDUM TO EMPLOYMENT AGREEMENT Page 1 of 1 AGENDA ITEM # 5 FOR AGENDA OF 7/10/01 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Adiustment of fee for liquor license application processing PREPARED BY: Capt. Gary L. Schrader DEPT HEAD OK `Z/~' CITY MGR OK ISSUE BEFORE THE COUNCIL Should the Council adjust the fee for liquor license application processing STAFF RECOMMENDATION Adopt a resolution adjusting the fee for liquor license application processing to the maximum allowable under ORS 471.166 ($25.00), without approval from the OLCC INFORMATION SUMMARY Effective January 1, 2001, ORS 471.166 limits the amount local governments can charge for processing liquor license applications without approval of the Oregon Liquor Control Commission (OLCC). The City of Tigard fee schedule for processing such applications exceeds the amount authorized under the statute. Tigard Municipal Code 3.32.030 (b) limits the rate for fees and charges to the reasonable costs for the service or services provided. Costs for processing liquor license applications under the new rules adopted by OLCC do not exceed the $25.00 maximum allowable under the statute. OTHER ALTERNATIVES CONSIDERED Conduct public hearings under ORS 471.166 (8) to adopt licensing guidelines to be followed in making recommendations on license applications and to allow opportunity for public comment on applications. Current processing meets the City's needs in reviewing liquor license applications. Implementation of a public process for comment on establishing new guidelines and review of applications will increase costs and place an additional burden on the Council and staff. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST ORS 471.166 TMC 3.32.030 Letter from Oregon Liquor Control Commission, dated October 5, 2000 FISCAL NOTES Minor reduction in revenues. Exact cost is unknown. LIQUOR October 5, 2000 C O N T R O L COMMISSION City of Tigard Attention: Liquor Licensing 13125 SW Hall Blvd Tigard, OR 97223 Legislative changes to OLCC licenses and processes that affect cities and counties The 1999 Oregon Legislative Session passed House Bill 2892, which made significant changes to the licenses issued by the OLCC, and to the processes that cities and counties use to make recommendations on liquor license applications. These changes are effective January 1, 2001, with the exception of changes to the license types for existing licensees. Existing licenses will be converted to the new license types during the 2001 license renewal cycle. This letter summarizes the changes that impact local governments, and outlines how the OLCC plans to implement these changes. Changes to Liquor License Types The new laws consolidate 12 existing retail license types into three new licenses, and creates a Temporary Sales license for special events. The license changes are: ❑ Full On-premises sales license- allows the sale of distilled spirits, malt beverages, wine and cider for consumption at the licensed business. This license also allows private catering if the applicant receives OLCC pre-approval. Replaces: Dispenser Class A, Dispenser Class C, Seasonal Dispenser, Caterer, Dispenser Class B, Tour Boat, Annual Community Event Dispenser, Hotel Dispenser, Special Event Dispenser. ❑ Limited On-premises sales license- allows the sale of malt beverages, wine and cider for consumption at the licensed business, and the sale of kegs of malt beverages to go. Licensees can catering of small scale and large scale private events if they have pre-approval from the OLCC. Replaces: Railroad Passenger Carrier or Boat, Restaurant, Retail Malt Beverage. ❑ Off-premises sales license- allows the sale of malt beverages, wine, and cider to go in sealed containers. Replaces: Package Store. ❑ Temporary sales license- allows the sale of distilled spirits, malt beverages, wine and cider for consumption at the licensed event, for events lasting up to 5 days. Fees are $20 for events Collection of renewal fees, notification to local government: Beginning with the District 2 renewals, the OLCC will notify applicants of the license application or processing fees required by their local government. The applicant must certify in the application that they have paid the fees as required. Approximately 40 days after the licenses expire in a renewal district (licensees can apply for renewal up to 30 days after the expiration of their license, and we must allow mailing and processing time) the OLCC will post a list of licensees who were renewed in that district on the Regulatory pages of the OLCC web site at www.olcc.state.or.us. Local governments can check this site beginning May 14, 2001 to determine if applicants have correctly reported the payment of local government license renewal application or processing fees to the OLCC. Time limit on recommendation for all other actions: You will continue to receive individual license applications for all actions other than license renewals. The applicant is responsible for submitting the application ' to their local government, and must provide a receipt to the OLCC as proof that the application was submitted. The process for making a recommendation is the same as for renewals, except that you will be limited to 30 days from the date that you receive an application to make a recommendation or request additional time. A reminder about statutory limitations on the fees charged by local governments ORS 471.166 limits the fees that local governments can charge license applicants. Local governments are limited to charging a maximum $25 application fee for eElch application for a liquor license or a liquor license renewal, unless they have adopted an ordinance, rule or resolution, prescribing licensing guidelines to be followed in making license recommendations. If the OLCC has approved the guidelines, the local government can charge a processing fee. The processing fee is charged in lieu of the application fee. The maximum processing fees are $35--for a renewal or temporary application, $75 for a change in ownership, change in location or change in privilege, and $100 for a new outlet application. Please send any correspondence concerning these guidelines to Bette Worcester, OLCC Regulatory Process Director, P.O. Box 22297, Portland, OR 97269-2297. We hope that this information will help you prepare for the changes that are coming in 2001. We will do our best to help make this a smooth transition. If you have questions or concerns, please contact your local OLCC field office, or call me at (503) 872-5223. We are also asking for your help. In order to assure that we have the correct information about the application or processing fees that your jurisdiction will be charging in 2001, we are asking you to complete the attached questionnaire, and return it to the us no later than October 31, 2000. Sincerely, Dan McNeal Technical Support and Project Manager OREGON LIQUOR CONTROL COMMISSION , Local Government Liquor License Fee Information Please complete and return by October 31, 2001. Local Government Name: Phone: Check which type of fee your jurisdiction will charge liquor license applicants in 2001: ❑ Application Fee ($25 Maximum) ❑ Processing Fee ( Maximums: $35 for renewal or temporary license/ $75 for change in ownership, location or privilege/ $100 for new outlet) ❑ We will not charge any fees If you will charge an application or processing fee in 2001, please write the mailing address where applicants should mail applications and fees below: Attention to: Address: City: ZIP Code: d Should the OLCC send license renewal' notices to'this same address? ❑ Yes ❑ No If no, please note the correct address for're6bWal Notices: Please provide your fees for the foilowing liquor license actions: License renewal: New outlet:: Change of ownership/change of licensee Change of location: Change-of privilege: Other: Who can we contact for additional information? Name Phone 9079 SE McLoughlin Blvd. Portland, OR 97222-7355 PO Box 22297 Milwaukie, OR 97269-2297 (800) 452-6522 (503) 872-5070 Fax (503) 872-5042 www.olcc.state.or.us (Rev. 09/00) NO POSTAGE NECESSARY IF MAILED THE UNITE STATES BUSINESS REPLY MAIL FIRST-CLASS MAIL PERMIT NO I PORTLAND OR POSTAGE WILL BE PAID BY ADDRESSEE CIIIIIIIIIIIIIIIII REGULATORY POLICY AND PROCESS OREGON LIQUOR CONTROL COMMISSION PO BOX 22297 . PORTLAND OR 97269-9979 - - - - - - - - - ` - - Please fold here and staple or tape at top to mail - - - Oregon Liquor Control Commission Our Mission To effectively regulate the sale, disobuiion, and responsible use of alcoholic beverages in order to protect _ Oregon's public health., safety and comnnunitylivability. Please fold here AGENDA ITEM # FOR AGENDA OF July 10, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Establishment of a Revised and Enhanced Neighborhood Sewer Reimbursement District Incentive Program _ l..i PREPARED BY: G. N. Be - DEPT HEAD OK A P.Duenas CITY MGR OK WAMI _L~ ISSUE BEFORE THE COUNCIL Shall revisions proposed for the Neighborhood Sewer Reimbursement District Incentive Program be approved? STAFF RECOMMENDATION Staff recommends that City Council approve, by motion, the attached resolution repealing Resolution 98-51 and establishing a revised and enhanced Neighborhood Sewer Reimbursement District Incentive Program. INFORMATION SUMMARY Background Currently, the City relies upon the Neighborhood Sewer Extension Program to construct sewers to provide service to developed residential areas that remain without sewer. Under the program, the City of Tigard installs public sewers to properties within a project area designated as a Reimbursement District. At the time the property owner connects to the sewer, the owner would reimburse the City for a fair share of the total project cost. There is no requirement to connect to the sewer or pay any fee until connection is made. In addition, each owner is required to pay a connection fee of $2,335 and is responsible for disconnecting the existing septic system according to County rules and for any plumbing modifications necessary to connect to the public line. To be considered for the program, a neighborhood needs to submit evidence of resident support of a project. Consequently, sewers were constructed as requested by the residents rather than by a schedule set by the City. To encourage early sewer hookups, City Council established the Neighborhood Sewer Reimbursement District Incentive Program on October 13, 1998 through Resolution No. 98-51. This program limited the amount any residential owner was required to pay for a share of the public sewer to $8,000 up to a maximum of $15,000 if the connection was completed within one year from when it was first available. Proposed Revisions to Incentive Program At its June 12, 2001 meeting, City Council approved a schedule of projects using City-initiated Reimbursement Districts to install sewers tluoughout the City over the next five years. Under this plan, residential areas that remain without service were divided into thirty-four project areas. Through the City's Neighborhood Sewer Extension Program, the City would construct sewers for each project area in accordance with the adopted schedule. In addition, City Council directed staff to adopt additional incentives to encourage owners to promptly connect to the sewers once they are available: • Reduction of the limit any residential owner is required to pay for a share of the construction of the public sewer from $8,000 to $6,000 • Increase the eligibility period for the reduced fee from one year to three years from the time the connection is available • Extend these incentives to previously established reimbursement districts • Establish, if feasible, loan programs with local banks for residents needing financing for connection The Finance Department is currently investigating the feasibility of arranging for installment payments through local banks. The attached resolution repeals Resolution No. 98-51 and replaces it with a revised program with the proposed additional incentives. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None ATTACHMENT LIST 1. Proposed Resolution with Attached Table 1 2. Resolution No. 98-51 FISCAL NOTES Sewer extensions are funded from the Sanitary Sewer Fund under the Commercial Area and Neighborhood Sewer Extension Programs of the City's Capital Improvement Program. L\Citywide\Sum\Revisions to the Neighborhood Sewer Incentive Program.doc CITY OF TIGARD, OREGON RESOLUTION NO. 98- S A RESOLUTION ESTABLISHING A NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM. WHEREAS, the City has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, the amounts reimbursed by residential lot owners in the past have been below $8,000 per connection; and WHEREAS, the reimbursement districts that are currently under consideration have estimated reimbursement costs ranging from $9,000 to $14,000 per connection; and WHEREAS, the costs of reversing residential plumbing, closing the existing septic tank, installation of a sewer lateral to connect to the public system, and payment of the connection fee add several thousand dollars more to the burden of a residential lot owner who wishes to connect to City sewer; and WHEREAS, the City Council wishes to initiate an incentive program to encourage residents to connect to public sewer; and WHEREAS, the City Council finds that establishing a maximum reimbursement fee for residents to pay will further the objectives of the program by encouraging formation of sewer reimbursement districts and actual connections to public sewer; and WHEREAS, based on previous reimbursement districts, the amount of $8,000 appears to be a reasonable amount to establish as the maximum fee for reimbursement by residential lot owners; and WHEREAS, the City Council concurs that the sum of $15,000 should be established as the maximu=n cost per connection.; and WHEREAS, the City Council wishes to offer this incentive program for a two-year period, after which the program will be evaluated for continuation. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: An incentive program is hereby established for the Neighborhood Sewer Extension Program with a maximum fee of $8,000 for reimbursement by residential lot owners. This applies only to the reimbursement fee for the sewer installation and not to the connection fee, which is still payable upon application for sewer connection. SECTION 2: This Resolution shall apply to sewer connections provided through sewer reimbursement districts established by October 12, 2000. All connections qualifying RESOLUTION NO.98--5) Page 1 r under this incentive program must be completed within one year after Council approval of the final City Engineer's Report following a final public hearing conducted in accordance with ']FMC Section 13.09.105. SECTION 3: The City Engineer's Report required by TMC Chapter 13.09 shall include a provision that to the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single-family residential shall not exceed $8,000 per connection, provided the lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 4: The funding source for the Neighborhood Sewer Reimbursement District Program shall provide the funding for the installation costs over $8,000 up to a maximum of $15,000 per connection. PASSED: This t day of 0C-t-yVAA_A- 1998. y r -City of igard ATTEST: City Recorder - City of Tigard OcdywideV a sVeim 4 doc RESOLUTION NO.98- 51 Page 2 AGENDA ITEM # FOR AGENDA OF July 10, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Update on Bull Mountain Annexation Work Plan and Study PREPARED BY: Jodi Buchanan DEPT HEAD OK 1~gTY MGR OK ISSUE BEFORE THE COUNCIL Listen to an update on the Bull Mountain annexation work plan and study and provide staff with any comments/suggestions. STAFF RECOMMENDATION Not applicable as this is an update only. INFORMATION SUMMARY At the March 20, 2001 City Council work session, Council directed staff to move forward with reviewing the possibilities of annexing the Bull Mountain area. At the April 24, 2001 City Council meeting, Council endorsed the work plan and study scope by approving the consent agenda item (copy of an updated work plan and the updated study scope are attached as Attachments 1 & 2). Staff has completed several tasks outlined in the work plan including defining the details of the study (as detailed in the scope of study), hiring an intern, and meeting with Washington County staff. The fact-finding portion of the study has begun, and there is a tentative completion date set for at the end of summer. Tigard and Washington County staff met on May 14, 2001. There is support from Washington County to undertake this effort. As a result of the meeting, it was decided that a focus group meeting with active community members would be helpful to bring the issue up to residents and gather information from them to help us in preparing a study and plan. A focus meeting of approximately 100 property owners and residents is planned. We have completed the list of active community members, and are now in the process of designing and mailing the invitation. These individuals will be invited to attend and encouraged to bring their neighbors. The invitation list was designed to represent each neighborhood within the Bull Mountain Annexation Study Area. The idea is to get people who have been active in their community because these people will have a feel for the issues and concerns of their neighborhood. We will briefly inform them of the study to consider annexation and use most of the time to ask them for input and suggestions to be sure our study adequately looks at and addresses the needs and concerns of the Bull Mountain residents. The focus group meeting is scheduled for July 26, 2001 at 7 p.m. The location has not been confirmed yet, but the most likely location is Deer Creek Elementary School. All Council members are encouraged to attend. An outline of proposed discussion topics is attached as Attachment 3. NEI 11111111 OTHER ALTERNATIVES CONSIDERED Not applicable. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management Goal #2, Urban services are provided to all citizens within Tigard's urban growth boundary and recipients of services pay their share. ATTACHMENT LIST Attachment 1: Updated Work Plan Attachment 2: Updated Study Scope for Bull Mountain Area Attachment 3: Draft Outline of Discussion Meeting Topics FISCAL NOTES N/A Attachment 1 PROPOSED WORK PLAN LOOKING AT THE ISSUES INVOLVED IN ANNEXING THE UNINCORPORATED BULL MOUNTAIN AREA Month Task Completed Define details of study and what information needs to be provided. Completed Interview and hire intern. Completed Staff meets with Washington County to get their input and support on the annexations. June-August Intern researches and prepares the study document. June-July Staff plans and organizes a focus meeting with active neighborhood representatives to gain a more complete understanding of the issues that are important to the Bull Mountain residents. The meeting is planned for July 26th, at 7 p.m. This information will be included in the study document, and will also be used by staff to form the open house agenda and public outreach plans. September Once the study is complete, staff holds an open house to share study information and get comments and input from citizens in the area before bringing the issue back to the City Council. October Staff presents the results of the study and the initial open house responses to the City Council at a work session meeting. Council provides direction to staff on whether to proceed with actively seeking annexation. Nov/Dec If Council directs staff to seek annexations, staff will prepare a detailed public outreach plan for City Council comment and approval. Attachment 2 Bull Mountain Annexation Study Task 1: Define developed and undeveloped areas. Undeveloped areas may be defined as lots large enough to be subdivided and/or vacant properties. Definition must be specific. Task 2: Identify total acreage of developed and undeveloped areas in the Bull Mountain area. Identify the total number of tax lots for each. Provide a list of the tax lots in each area along with property owner information. Task 3: Provide basic statistical information, such as population, voting, etc. Define the existing service providers and the services (public facilities) that would be provided by the City. Note any significant differences. This may require breaking the area up into smaller pieces if service levels vary throughout the Bull Mountain area. Task 4: Create 3 scenarios. The first scenario explains revenue and costs that currently exist. The second scenario outlines revenue and costs should the area develop to maximum density. The third scenario outlines revenue and costs at a midpoint of development, which will be determined by the METRO definition of developable lands. Where the City would be providing new services (public facilities), provide estimates of the cost to provide these services. This will require evaluating developed and undeveloped areas separately. Task 5: Identify existing County tax examples versus City tax examples. Note any significant differences. This will require evaluating developed and undeveloped areas separately. Task 6: Describe development trends for the Bull Mountain/Tigard area. Task 7: Identify public outreach opportunities. Gather contact names and numbers for homeowner associations. Discuss any known obstacles to doing outreach. Task 8: Provide information on an incremental annexation plan. Task 9: Identify the Urban Reserve areas to the west of the Bull Mountain region. Cite basic statistical information, and give a summary of the same information provided for the study area. Include the dates when these reserve areas become open for development. Attachment 3 Annexation Focus Meeting Purpose: To share information with key people regarding what we are doing, and why, and to gather information from them which will help us in preparing a study and plan. 1. Identify why the City is undertaking this effort a. SB122 b. County 2000 Plan C. Council Goals II. Discuss City process and timeline (study scope and work plan, what the next steps are after the study, web page with updates, maybe identify 5 people who can share information with others. III. Identify potential advantages and what City services exist a. Local representation b. More representatives and more responsive c. Police service d. Library services e. Parks f. Streets g. Code Compliance IV. Input on issues a. What issues/concerns do you think the City should address in its study? b. Are there specific different issues based on areas in Bull Mountain? C. Do you think there is support for annexing all or part of the area? d. What issues do you think the City should focus on? e. What do you think will be effective methods to get public input and to give information back to the area residents? f. Names of Homeowner's Associations. r , e AGENDA ITEM # FOR AGENDA OF July 10, 2001 CITY OF.TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Oregon Department of Transportation (ODOT) - Review of Signal Loop Replacement Project PREPARED BY: Cathy Wheatley DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Hear presentation by a representative from MOT regarding its signal loop replacement project. STAFF RECOMMENDATION No recommendation - presentation only. INFORMATION SUMMARY A representative from ODOT will give a brief overview of its signal loop replacement project. ODOT contacted City staff and requested a noise restriction exemption for a signal loop replacement project. Three locations are identified for Tigard: 1. SW 7Zd Avenue @ Hunziker Road. 2. Oregon 99W @ Durham Road 3. Oregon 99W @ McDonald/Gaarde The exemption was granted with conditions. Attached is a copy of the Noise Restriction Exemption permit, which has attached to it documents from ODOT as well as the review and recommended conditions from City Engineer Gus Duenas. The proposed work is necessary and must be performed at night because of the huge volume of traffic during daylight hours. This work is scheduled to occur sometime during the period between August 1, 2001 through September 30, 2002. The actual work will require up to 11 nights during that period and will take place between the hours of 9 p.m. to 7 a.m. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character & Quality of Life - Communication Goal: "....accessibility to information...." and "....two- way communication..." ATTACHMENT LIST Noise Restriction Exemption Permit FISCAL NOTES N/A I ADM\CITY COUNCIUCOUNCIL AGENDA ITEM SUMMARIMSIGNAL LOOP PROJECT - ODOT.DOC snrsm~wa~rraor0erronar~ra.se. CITY OF TIGARD NOISE RESTRICTION EXEMPTION TMC §7.40.190 REQUESTOR: Ore og`n Department of Transportation PURPOSE FOR REQUEST: Signal LoogReplacement Project at SW 72nd at Hunziker Road•Oregon 99W (a) Durham Road. Oregon 99W McDonald & Gaarde mission REQUEST IS: Granted Denied Granted with conditions x CONDITIONS FOR EXEMPTION: See attached letter date May 15 2001 from Larry Krettler of ODOT to Bill Monahan City Manager for the City of Tigard and the recommendations by City Engineer Gus Duenas in the attached memorandum dated June 20, 2001. MITIGATION PLAN (ATTACHED) Date of Plan: May 15, 2001- Letter from Lang Krettler of ODOT and incorporating recommendations contained in the June 20, 2001 memorandum from City Engineer Gus Duenas. Approved by City Manager on: 6 Z Q TERMINATION PROVISION: If the terms of the exemption permit are not strictly adhered to, notice will be given to requestor. Requestor will address the concern and notify the City as to how the problem has been' addressed within three days. Failure of requestor to address the concerns may lead to termination of this permit. EFFECTIVE DATES: This noise restriction exemption permit is effective from August 1, 2001, through September 30, 2002, unless otherwise terminated. SIGNED: s City Manager or Designee DATE G I:=M\CATHYWOISEWOISE EXEMPTION PERMIT - ODOT - JUNE 01.D0C CITY OF TIGARD Engineering Department Shaping A Better Community MEMORANDUM CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Phone 503-639-4171 Fax: 503-624-0752 TO: Bill Monahan City Manager FROM: Gus Duenas 11_`__ City Engineer DATE: June 20, 2001 SUBJECT: Request by ODOT for Noise Variance I have reviewed the request by ODOT to conduct nighttime construction activities for the purpose of replacing traffic signal loops at three locations in Tigard. The proposed work is necessary and must be performed at night because of the huge volume of traffic during daylight hours. This work is scheduled to occur sometime during the period between August 1, 2001 through September 30, 2002. The actual work will require up to eleven nights during that period and will take place between the hours of 9:00 p.m. to 7:00 a.m. I recommend that the exemption be granted to ODOT for performance of the work during nighttime hours with a permit to exceed the maximum noise levels as stated in Article IV of the Tigard Municipal Code. The work to be performed in Tigard appears to be part of a much larger project, which I assume will be advertised for bids and awarded to a contractor in the near future. Because of the extended period involved in the request, I suggest the following conditions be imposed as part of the approval: i • That ODOT provide to the City the proposed dates for the work at each of the three a intersections as soon as the work schedule becomes available. i • That the City be granted the right to review and approve or disapprove the proposed dates. 3 There will be certain time periods and events in the next year and a half during which we may not want to have traffic disruptions, even during nighttime hours. Y At least one-week notice to the residents affected by the noise levels prior to work at any of the three locations in Tigard. • At least one-week notice to the City so that the Police Department and the City inspectors can monitor the work and respond appropriately to requests for information or complaints. • Submission to the City of a public notification plan to ensure that information is disseminated regarding the project and the nighttime hours required to complete the work. • Submission to the City, the affected residents, and the public a list of 24-hour telephone contact numbers for information and complaints related to the project. c: Jim Hendryx Brian Rager Vannie Nguyen Michael Mills 1AEn&\Gus\MemorwWu tsVtequest by ODOT for Noise Variance Summary of Council Direction on the Hawks Bear Diverter Page 2 of 2 ` o, Department of Transportation Region 1 John A. Kitrhabcr, M.D., Governor 123 NW Flanders Portland, OR 97209-4037 (503) 731-8200 FAX (503) 731-8259 May 15, 2001 City of Tigard FILE CODE: William Monahan, City Manager RECEIVED C•0•T- 13125 SW Hall Boulevard Tigard, OR 97223 MAY 1 15 200 t r Re: Oregon Department of Transportation Administration Signal loop replacement project Noise Variance Application W The Oregon Department of Transportation is requesting a variance to the City of Tigard noise ordinance for signal loop replacement at three intersections within the City's jurisdiction. The variance request is for scheduling nighttime construction at the following locations: SW 72nd @ Hunziker Road ORE 99W @ Durham Road ORE 99W @ McDonald/Gaarde The project replaces approximately 11 traffic loops at SW 72"d @'Hunziker, 15 traffic loops at Ore 99W @ Durham Road and 13 traffic loops at tyre 99W @ McDonald/Gaarde. Associated wiring and conduit will also be replaced at all intersections. Loop replacement in travel lanes will require lane closures at night and the use of a concrete saw and supporting equipment. The anticipated number of nights of work for each intersection are as follows: SW 72nd @ Hunziker 3 nights - ORE 99W @ Durham Road 4 nights ORE 99W @ McDonald/Gaarde 4 nights Oregon Highway 99W functions at capacity between the hours of 6 AM and 8 PM. The traffic counts during this time period ranges between 53,000 and 56,000 vehicles per day. Lane closures prior to 8 PM would create traffic delays, congestion and possible diversion of traffic to local neighborhood streets. Lane closures or traffic restrictions would create traffic congestion and backups causing diversion of traffic to local neighborhood streets. Shoulder closures will be used whenever possible to minimize the need for night work activities. Portions of Form 7.14-185" (1/98) f WIN MEN= these intersections are very restricted for work space and equipment can not always be located off of the travel portion of the roadway. Due to these circumstances, the contract specifications will limit the contractors ability to close travel lanes to the following: Do not close any traffic lanes on SW 72"d Avenue and Hunziker Road, Monday through Friday, between the hours shown: SW 72nd Ave. @ Hunziker Road (at the 72nd Avenue Interchange with Ore 217) 5:30 AM - 9:00 PM One lane closures are allowed at all other times, M - F. Do not close any traffic lanes on Pacific Highway West (ORE 99W) and intersecting streets, Monday through Friday, at the following locations and between the times shown: ORE 99W @ Durham Rd. (MP 11.48) 5:30 AM - 9:00 PM ORE 99W @ McDonald/Gaarde (MP 10.36) 5:30 AM - 9:00 PM In order for ODOT to minimize or mitigate traffic impacts to neighborhoods adjacent to the construction areas, minimize traffic congestion and delays during peak commuter hours and meet the construction schedule for this project, nighttime construction activities are anticipated. Field reviews were conducted in November and December 2000 to verify if there were residential areas in the proximity of the work sites, and to determine the distances between residential uses and the work sites. A copy of that report is attached for your information. The nearest residence to the SW 72nd and Hunziker site is approximately 35 meters west. The nearest residence to the ORE 99W @ Durham Road site is 90 meters west and the closest to the ORE 99W @ McDonald/Gaarde site is 9Fi meters east. Notices have been sent to the nearby property owners at the above three sites. Predicted construction noise levels at the nearest residence west of SW 72nd @ Hunziker is Leq 69 dBA. Predicted construction noise levels at the nearest residence west of ORE 99W @ Durham Road is Leq 60 dBA and at the nearest residence east of ORE 99W @ McDonald/Gaarde is Leq 60 dBA. The predicted construction noise level does not include any ambient or traffic noise levels. Article IV of the Tigard Municipal Code relating to noise does not permit construction activities to occur during the nighttime hours of 9:00 PM to 7:00 AM Monday through Friday. As a result, a variance is necessary to enable construction activities to occur in the project area during the nighttime hours of 9:OOPM and 7:OOAM, Monday through Friday. 2 ODOT is requesting a variance to Article IV of the Tigard City Municipal Code, relating to noise control, to enable it to conduct nighttime construction activities. These activities will require up to a total of 11 nights to take place during the hours of 9:00 PM and 7:00 AM Monday through Friday. It will be necessary for the variance to be in effect from August 1, 2001 through September 30, 2002. If you have any questions please feel free to contact me at (503) 731-8488. Larry Krettler ODOT Project Team Leader cc: Earl Mershon, Project i i i i 1 33 1 3 reg® Department of Transportation Region 1 John A. Kitzhabcr, M.U., Governor 123 NW Flanders Portland, OR 97209-4037 (503) 731-8200 FAX (503) 731-8259 May 16, 2001 FILE CODE: City of Tigard William Monahan, City Manager 13125 SW Hall Boulevard Tigard, OR 97223 Re: Oregon Department of Transportation Signal loop replacement project Noise Variance Application Per the voice message, enclosed are the two reports that were omitted from the original submittal. If you have any questions please feel free to contact me at (503) 731-8488. Larry Krettler ODOT Project Team Leader cc: Earl Mershon, Project Dorm 734-1851) 0 /98) ^ Table 1 Region 1 2001 ATMS Ramp Meters i i List of Sites < Key S 10668 EA f PE 000132-010 11-06-00 it Adjacent Noise Distance and Direction Predicted Mitigation , Location Hwy Name Hwy # Mite Post ~ Local Jurisdiction ( Sensitive I ~ Receivers Yes/No from work area Leq , Recommended Jefferson St On-ramp to US 26 (Sunset Hwy. WB) Sunset Hwy. 47 73.33 w i City of Portland I N sBmes Road On-ramp to ORE 217 Beaverton/Tigard n144 0.00 Washington County wY (Hwy ) Wilshire Road On-ramp to ORE 217Beaverton/Tigard !Apartments SB Hwy. ( Hwy 217) 144 0.19 ' Washington County Y + protected by a sound wall Haines Road On-ramp 4o I-5 SB ~ Pacific Hwy. (I-5) 1 293.30 City of Tigard 1-5 SB loops only @ Capitol Hwy + Pacific Hwy. 1-5 1 295.04 City of Portland (no signals) I ( ) Y ~ Y 30 m west, ramp is an I elevated structure _ 70 high ambients 1-5 SB loops only @ Spring Garden Pacific Hwy. (1-5) 1 296.34 City of Portland - (no signals) East Portland Frwy. i Stafford Road On-ramp to 1-205 NB ! 64 3.16 Clackamas County Y (1-205) 166 m south to residence I 55 Stafford Road loops only (no ( East-Portland Frwy, Y i signals) for On-ramp to 1-205 SB (1-205) 64 3.16 Clackamas County 115 m north to residence 58 ! East Portland Frwy. 10th. Street On-ramps to 1-205 NB 64 6.40 City of West Linn Y j (I-205) 80 m east to residence 62 IILhigh ambients 10th. Street On-ramps to 1-205 SB East Portland Frwy. I 64 6.40` City of West Linn N I (1-205) ORE 43 NB On-ramps to 1-205 NB East Portland Frwy. 64 8.82 City of West Linn Y 73 m south to West Cliff i high ambients (1-205) A ts. F 62 from traffic East Portland Frwy. ' !hi h ambients ORE 43 SB On-ramps to 1-205 NB 64 8.62 City of West Linn Y 9 (I-205) - 23 m north to apartments 72 Irom traffic East Portland Frwy. -_i Powel Blvd. On-ramp to 1-205 NB (I-205) 64 19.12 City of Portland - - - - - - - _ - - a - - - _..1- - Notes on table above - Location taken from "List of Needs" xis sheet from Jeff L. 8~ sites visited during 9-18-00 field trip Mile Post from Straight Line Charts - MP is the SLC point of street Xing, actual work location may be a few tenths of a mile from Xing to ramp gore areas. j- Local Jurisdiction taken from Thomas Guide Map, 1997 Region 1 2001 Signal Loop Repair LBI of j Table 1, Su lamenal Site. I Key 9 9761 EA a C 176.1407.011 Nov. 2000 Pal /lit Rev 12-5-00 Rev 12.12 - MIN description ( Ip a loops : 50-southbound : 1I Total a Adjacent Noise Sans Predicted Miugatlon r site Local Jurisdiction Name H a Post northbound Loops RecaMn YIN Distance i Direction from work and Leq Recommended SE 10th Ave. Oak St. CA of Hillsboro Tualatin Valle 29 12.11 7 on loth Ave. NB : 1 on Oak WB :4 on 70th Ave. SB a y Dunes Motel is ISM SE 76 SE 101h Ave. Baseline Rd. City of Hillsboro Tualatin Vane 29 12.52 ] on 10th EB : 3 on Baseline NB : 5 on 10th WB 11 N 1 Ip on 72nd S8 : 4 p on 72nd NO : 5 Ip on Humiker: condua d J. 11 Y residence is 35m W 89 SW 72nd Ave. Hunciker Rd. Ca of T' am BeewrtonuTi an Hwy (1-1" 21 144 6 a boxes ORE 99W ® Durham Rd. CRY of Tigard Pacific Hwy West 9 to on Durham WB : 6 to on DumamVi lath ED (modify bop layout 15 Y gom W 50 1W 11 t0 by Doug Anderson ORE 99W McDonsWGasme City of Tpam Pacific Hwy West 1W 10 76 7 p on McDonaldWB :6 p on Gasrde E8 13 Y residence is Wm E 60 Y p Hwy ( Hwy 217) a1 loops • some magnetometers my need replaced, to be y Pepperthee Motel is 50M SE 65 Aden Blvd, lntctl wit Hwy 217 CRY of Beewrton BeewrtorVT' aid 111 2.46 d: loops termined SW Park Way ® SW gain Ave. (Hwy 217 d Washington County BeawrtoNTigard Hwy (Hwy 217) 5 p on Park Wy ED : 2 p on Park Wy WA * 6 p on 784 line SO 13 N Sunset Itch 114 0.11 Fe on SW 155th Wsshi gtcn County Famrl on 142 6.7 7 to NO. 3Ip WB, 3 p SB. 3 p EB 12 Y Residence is 26m SE 71 Famwglon @ Klnname t Washington County Farmington Hwy. 142 7.12 3 p NB, 2 p EB. 6 p SB, 2 p WB 13 Y Klnrla.an Park Townhouses I Sm NE 75 1-205 Gladstone Intch SO Ramps City of Gladstone East Portland Frwy (I-205) 64 11.05 1210 on S8 olf-ramp 3 p on 62ndSB : 2 p on 62nd NB 17 N 1.205 Gladstone Irian ® NO Ramps City of Gladstone East Portland Fury (1-205) 64 11 05 5 p on 62nd SO: 7 to on NO oh-ramp : abandon.! to on NO o6 ramp 12 Y 110. E 59 1-205 Airport Way ImU1® Stand Ramp CRY of Portland East Portland 111 (1-205) 84 24 75 6 p ED. 5 p WB. 12 p SO 24 N ORE 29E ® Ochoco UOIM&-.uk Pacific H" East (McLoughlin Bhd.) 1E 4.117 3 to NO. 3 p WB, 6 p SO. 2 to ED 14 y Residence Sam NW 65 ORE 99E Mitport Rd. Pacific 6 p on 99E SO: 7 p on MAI ED: 5 p on 99E NS : 7 to on Mupon Hwy East (McLoughlin BI tE 5.2 WB 2S N ORE 99E HaMWSE t71n Pacific H%w East (McLoughlin Bhd. 1E 5.72 7 NB, d WO. 5 S8, 1 lis ED 16 N ORE 221® Hammon St. City of Mitwaukfe Clackamas Hwy. (Milw.ukie ExpwY) 2 to on OR 224 SO: 2 p on Hamlfon ED 4 Hamlin Manor Apls 20m SW, also rat 066 Y residences to NW 74 ORE 224 @ Rusk City at Mdwsulue A, Clackamas Hwy. (MA-rankle Expuy.) 5 to ED. 2 Its NB.6 q WB. 3 to 68 is Clackamas Count 171 2.72 Y Residence 35m SE 69 ORE 224 Pheasant Clackamas County Clackamas Hwy. M,kvaukla Expory) 171 3.33 ] EB, 6 lis SO 9 Y Apartments earn SE d2 ORE 221 Johnson Rd. Clackamas County Clackamas Hwy. Milweukle E 171 3.73 2 NO. It W0, 11 SO. S It, ED 24 y Apartments 40M SW as SE a2nd Johrush CA Bhd. Clackamas County Cascade Hwy North (62nd Ave.) as 7.54 5 p NO. 10 It, Wit. / to SO. 7 to ED 23 Y Residences 66m SW 63 82nd Aw. ® Causay Rd. Clackamas County Cascade Hwy North (112nd Aw.) 7 to on 62nd SO: 6 p an Causey EB : 7 to on 82nd NB: 9 p on N as a 63 Cause wB N 82nd Ave. Sunnyslde Rail Harmony R0. Clackamas County Cascade Hwy North (62nd Ave.) / p on Harmony ED : 5 to on 02nd SO : 5 to an 62nd NO : 1 to on 15 66 9.23 Sunn ide WS y houses 106m NW 59 ORE 213 Q Beawrcreek Rd. COY of Oregon City Cascade Hwy South 2 to on OR 217 SO plus Jbox and spit par of p : 9 p on 20 180 2 98 Beawrcreek EB : 51 on OR 217 NB: / on Beawroreek WB Y residence Sam SW 61 ORE 213 ,Q Molala Awl Clackamas CRY of Oregon City Cascade Hwy South 7 p an OR 217 SB : 6 p on MOIaUa Aw EB : 1 p on OR 213 NB : 5 19 Community Co" ISO 3.59 IP an CCC eMnnce WS Y residence Sam SW 62 Portia BI BE 162nd CRY of Gresham Mi Hood Huy. (Powell BI 20 10.34 71 EB. 1 p NB. 7 p WB, S IDSB 16 Y Apartments 40M W as Powell St Eastman Piney COY of Gresham MI Hood Hwy. (Powell Blvd.) 26 12.52 1 Ip, SO. 2 IP EB, 710 NB, 3 LP NIB 16 N r Ml Food H" SE 362nd CRY of Sandy6 Mt Hood Ftwy. (Powell BndJ ]pN8,1pEB,d pYyB 13 Clackamas Co. 28 22.71 Y Residenx 40m NE 60 MI. Hood Hwy Industrial Way City of Sandy M1. Hood Hwy M 22.D 2 I on Industrial Wy N8 : 4 p on Hay 25 WB : 8 p on Industrial Wy 14 N SAs from memo doled 10.26-00. MJ to JP Hwy s and M/lo Post Irom'As Bwes' an or straight line chart Total Loos 127 - j Local Jurfsdkdw from Thomas Guide reap 1977 description Irom'As Buins' attached to memo doled 10.26-00 ! v AGENDA ITEM No. 9 Date: July 10, 2001 PUBLIC HEARING TESTIMONY SIGNMUP SHEET Please sign on the following page(s) if you wish to testify before City Council on: CONSIDERATION OF THE FORMATION AN ECONOMIC IMPROVEMENT DISTRICT TO ESTABLISH A FE GR FOR THE TIGARD CENTRAL BUSINESS DISTRICT T CONTINUE PROMOTE A REVITALIZE DOWNTOWN Due to Time Constraints City Council May Impose A Time Limit on Testimony I:WDM\GREER\CCSIGNUP\PH TESTMNY UPDATED 6.13.DOC AGENDA ITEM No. 9 PLEASE PRINT Pro onent - S eakin In Favor Opponent - S eakin Against Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. rv t2P-r6T V timp/Y g~6~- 1n~. ~3~~~N~iann 2 0'3 6 20 a , Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 7 1, S- ~by R~+N 71-r4, ay-c,g-7 -639- 3-),0.5 Na/~me, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. G~pcf~ S'Gd l3c~h~i '~~9-gBsS Name Addres & Phone No. Name, Address & Phone No. Name, Address & Phone No. /~3~fSS4~ /n14/nJ 6-14460 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. t-1111-ii-11111H Ills AGENDA ITEM FOR AGENDA OF:710 01 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Economic Improvement District - Tigard Central Business District Association PREPARED BY: James HendM DEPT HEAD OK/&2'2~ CITY MGR OK _ ISSUE BEFORE THE COUNCIL Should the City Council adopt an ordinance creating a Downtown Economic Improvement District, adopting an economic improvement plan for the Downtown Economic Improvement District and calling for a public hearing on proposed assessments and surcharges. This hearing was continued from the June 12, 2001 City Council meeting. STAFF RECOMMENDATION Staff recommends that the Council adopt an ordinance creating a Downtown Economic Improvement District, adopting an economic improvement plan for the Downtown Economic Improvement District and calling for a public hearing on proposed assessments and surcharges. INFORMATION SUMMARY The Tigard Central Business District Association was formed in 1998 in an effort to promote and revitalize the downtown. Stable funding is critical for their continued success. The proposed Economic Improvement District establishes a framework for the TCBDA to continue their efforts. The City Council adopted Ordinance No. 01-01 on April 10, 2001 creating Chapter 13.12 of the Tigard Municipal Code which establishes procedures for the creation of an Economic Improvement District (,EID). The EID must be established through City Council process. In order to form an EID, Council must adopt an Economic Improvement Plan establishing the framework for the EID. Two formal hearings are held by the City Council to consider the formation of an Economic Improvement District/Business Improvement District (EIDBID). The original meeting was set for June 12, 2001, but due to a notification error, the hearing was continued to July 10`h and notice was sent out 30 days in advance. The second hearing is tentatively scheduled for August 14, 2001, at which time written remonstrates will be tallied in accordance to statute. Written remonstrance from owners of 33% of the property upon which the total amount of assessment is levied stops the EID process. At the June 12'h meeting, Council took testimony which raised a number of issues and Council requested additional information to be submitted to Council prior to the July 10th meeting, prior to taking action on the EID formation. TCBDA has provided copies of its by-laws, minutes, testimony from Fran Gritzbaugh, response to Mrs. Gritzbaugh's issues, a letter from Jerry Hilary (TCBDA legal counsel), a letter from Bill Monahan to TCBDA, and a statement whether EID assessments should be voluntary vs. involuntary. This information is packaged as Attachment 2. OTHER ALTERNATIVES CONSIDERED 1. Take no action at this time. Elm ~M M111,11 A oil- a VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Downtown #1: Provide opportunities to work proactively with Central Business District (CBD) businesses and property owners and citizens of Tigard to set a course for the future of the central downtown. ATTACHMENT LIST Attachment 1 - Ordinance and exhibits FISCAL NOTES The City's contribution is estimated at $26,667 annually. 1:\cdadmin\jerree\jim\general\6-12-01 EID Agenda Summary.doc 1115 Carl H. Johnson 8965 SW Burnham Street Tigard, OR 97223 503-684-9085 July 10, 2001 Re: Hearing July 10, 2001 - Item #9 EID/BID Mayor James Griffith, City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Dear Mayor Griffith, This proposal offers nothing that is not now available from existing sources except new funding of salaries. If those positions are to provide ideas, why not use those we are paying already- namely city staff. Help on the rest of the program professional assistance through street amenities is readily available through a number of Federal government programs, Small Business Administration, Chamber of Commerce, and city staff, etc. If we need a coordinating office, that should be the city's responsibility. Retailing is primarily a time and place utility. For this and other reasons, our shopping dollar goes mostly to big stores along Highway 99 West or I-5. It is hard for downtown Tigard to compete. None of the suggested program would help materially. Clustering of like businesses, locating medical/dental offices here, specialty shops not found in big stores, and kind of businesses that people will go out of their way for would be very beneficial. But that is the Chamber of Commerce's job after finding out a direction from the city. The City Council's action approving $5.8 million program opens LIDs that buy something substantial and long lasting. The subject proposal of an EID/BID does not. I urge you to disapprove this proposal. I~ It is sad to see the Oregon Downtown Development Association recommend you avoid efforts to change their proposal. That is tantamount to making a sham of this hearing. In any event, contributions by property owners should be voluntary. Sincerely, Carl H. 7o ns /V o7ZF: i5A G 1$ CDu r1 Gil CHJ/mjg meroba- ~ tfJ CC/L !~t'I„~; ncs,~ Cc Mayor Jaynes Griffith Councilor Brian J. Moore Councilor Ken Scheckla Councilor Craig Dirksen Councilor Joyce Patton s to bcY' q J I-D) D) i?;~u f hc~nah CL-ALVI ct`I 12290 SW Main St. Tigard, OR 97223 RECEIVED C.O.T Phone: 503-684-3042 JUL 0 9 2001 E-mail: twobarkleys@earthlink.net Administration July 09, 2001 Tigard City Council 13125 SW Hall Blvd. Tigard, OR 97223 In Regards to the Creation of an Economic Improvement District To the City Council, We have in hand the proposed program for the Tigard Central Business District Association and would like to comment on each of these issues. 1. Two part time positions - Downtown Manager and administrative support These are paid positions that we feel are of no benefit to us in our business. We are fully capable of managing and administrating our own business. 2. Professional assistance from ODDA (Oregon Downtown Development Association) We don't need or want assistance from this group. 3. Flower baskets and street beautification This does nothing to promote our business or draw people to the down town i area. { 4. Increased recognition of Business Community Good service and fair trade practices are the only way to have lasting ' recognition. This is the job of each individual business. The cost of advertising and promotion is the responsibility that comes with making a business successful. If individual businesses can't take this on themselves, this organization will not help. v 5. Training seminars for businesses There are a lot of business seminars available to anyone who wants to learn how to better run their business. It is not our job to finance this effort for others. 6. Promotions ( Easter, Sidewalk Sale, Halloween, Christmas, and Tigard Blast) These promotions cost our business more in lost revenue than we are able to ever recover. The limited parking is obstructed and traffic is blocked off so our customers can't even get to our business. The Tigard Blast is causing us to close down completely for two of our normal work days due to lack of access to our building and parking. These are the two busiest days of the week in our business. We have only heard from one business on Main Street that sees this as a benefit to their business. And that business commandeers someone else's parking lot for the week-end instead of using their own. None of these promotions are a benefit to us. 7. Clean and safe activities This term means nothing! 8. Streetscape Amenities We have only one street to work with. We have benches, Welcome to Tigard signs and sidewalks. The only public property is possibly the center divider (which is a traffic hazard) at Tigard Street that the city does not maintain and the little parks at each end of Main Street. The few waste receptacles are an eyesore and not effective. If each business would be responsible for cleaning up their own frontage or the city would take some responsibility in this area, it could be easily handled. We attended the last meeting of the Tigard Central Business District Association and listened to the concerns of Off Main Street businesses. They don't feel this association would be of any benefit to them and are against any assessment to finance it. Because of their property size, they would be caning the biggest financial load. We agree with their arguement. If they have concerns about street improvements or any other issue, they are free to go directly to the city council. We heard the city had given the association i,-i excess of $26,000 that we feel would have been better spent on litter control and parking options. Without improved parking in the downtown corridor we feel this organization is purely for the benefit of two paid positions. The association wants to use the assessments to promote UPSCALE businesses such as STARBUCKS with no regard for the five expresso businesses already located on Main Street. Do they even know where they are? They talk about UPSCALE restaurants without regard to the fine restaurants we already have. They want at least four events a year that cost us business and income and want us to finance them with our business income and our city taxes. At the same time giving lip service to promoting the already established businesses. This is a contradiction. If city taxes are going to be used for this purpose, the city tax payers should have a say in it. What is the city giving to all the other Tigard business areas? They all pay city taxes and buy city licenses and are entitled to as much attention. The down town is no longer THE central business district. If there needs to be a Business District Association it needs to encompass the entire city. We are emphatically against this organization that is being formed on the pretense of helping us. We feel the city needs to take on the issues of parking and litter, using the money it is giving away to be squandered on administrative costs for a new organization. We feel this is the elected job of the city council. Volunteer Committees can be of use in these issues. It looks like there are at least eleven volunteers all ready to serve. A. ANTIQUE BARBERSHOP Owners: Larry and Carolyn Barkley 1111§11111111 milli MMMMM=11111 CITY OF TICARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: City Council FROM: Jim Hendryx DATE: July 6, 2001 SUBJECT: Tigard Central Business District Association At the June 12, 2001 City Council meeting, several questions were raised with regard to the Economic Improvement District (EID) that is being proposed by the Tigard Central Business District Association. Council requested additional information to be submitted prior to the public hearing on the EID which is scheduled for July 1 0th. Attached is TCBDA's response. otorm~toon Provided B~ TCt5Dp~ 3 How TCBDA began: Tigard Central Business District Association was formed in October 1998. The City in cooperation with the Chamber of Commerce organized a committee and selected several business and property owners from the downtown core area. Those business and property owners were invited to a meeting to investigate their interest in forming an Association. When it became obvious that interest was there, 11 directors were appointed and the first meeting was set up. At that first meeting is when the Board was elected. The committee that began the search was Mike Marr, Heather Chrisman, Marlan Henderson, Denise Jones and Marv Leach. lamb, qP MINIMUM V9ft Pages A-E Index of the packet Pages 1-8 By-Laws Pages 9-72 Minutes Pages 72-73 Testimony from Mrs. Gritzbaugh Page 74 Response to Mrs. Gritzbaugh's issues Page 75 Letter from Jerry Hilary Page 76-77 Letter from Bill Monahan Page 78 Statement voluntary vs involuntary i Pages 1-8 By-laws Page 9 First notice sent to select business owners regarding meeting to start this Association. Page 10 E-mail received regarding the first meeting of the Association. Page 11-13 Meeting Date October 26, 1998 First minutes for the Association that I was Secretary. Discussion on forming 501 c.6 or c.3 corporation. First meeting with Malcolm Johnstone from ODDA. Page 14-16 Meeting Date November 9, 1998 Funding & budget discussed. Forms to file with IRS. Marketing First vacancy of a director position. Page 17 Meeting Date November 16, 1998 Budget discussion. ODDA City Council and funding Page 18-19 Meeting Date December 7, 1998 Budget Vacancy ODDA (issues) Development of Mission Statement Page 20-21 Meeting Date January 18, 1999 Annual Meeting Promotions ODDA Page 22-23 Meeting Date February 1, 1999 Tigard Police Department Speaker City Council Meeting discussion Page 24-25 Meeting Date March 1, 1999 Second vacancy of board director. ODDA IRS & State of Oregon papers filed Adoption of Main Street Page 26-27 Meeting Date June 14, 1999 Third vacancy of board director. ODDA Regular meeting schedule discussed Discussion with Chamber Page 28-29 Meeting Date August 2, 1999 ODDA Setting up a checking account Filing vacancies Page 30 Meeting Date August 30, 1999 Fourth vacancy of board director. ODDA Money from City Council Page 31-32 Meeting Date September 14, 1999 Promotion Establishing insurance for the directors. Page 33-34 Meeting Date October 13, 1999 Treasurers Report Boundaries Parking Issues Address for the Assoc'.ation Page 35-36 Meeting Date November 1, 1999 Filing vacancies Insurance ODDA Chamber of Commerce Metro Visioning Main Street Appearance Committee Updates Page 37-38 Meeting November 8, 1999 Treasurers Report ODDA Boundaries Page 39 Meeting November 29, 1999 Tigard Police AM6 Page 40 Meeting January 10, 2000 Annual Meeting Election of Officers Street Safety Budget Letterhead Page 41-42 Meeting January 31, 2000 ODDA Letter from Dr. & Mrs. Davis regarding their property Chamber of Commerce Lite Rail Appointment of Dennis Dirren from Tigard Police as the Main Street Officer. Page 43-44 Meeting Date February 28, 2000 Greyhound discussion ODDA Page 45-46 Meeting Date March 13, 2000 Greyhound ODDA Crime Report Parking Tigard Days Page 47 State of Oregon Annual Report Page 48-49 Meeting Date April 10, 2000 Greyhound ODDA Crime Report Street Cleanup Fifth vacancy of a board director Association Manager Banners Page 50-51 Meeting Date June 5, 2000 Treasures Report Street Cleanup Balloon Festival Tigard Days C Page 52-53 Meeting Date July 24, 2000 City Council Sidewalk Sale - Promotions Absent members Crime Report Page 54-55 Meeting Date August 14, 2000 Chief Ron Goodpaster Crime Report ODDA Page 56-57 Meeting Date September 11, 2000 Chief Ron Goodpaster Vacancies Promotions ODDA Job Applications New member applications Page 58 New Member Questioner Page 59-60 Meeting Date October 9, 2000 Introduction of Association Manager Parking Vacancies Crime Report ODDA COT Insurance Page 61-62 Meeting Date November 13, 2000 Association manager updates Crime Report Promotions Insurance Page 63 Meeting Date January 8, 2001 Crime report Promotions EID/BID Grants Page 64-65 Meeting Date February 12, 2001 Crime Report Promotions EID/BID New members Page 66-67 Meeting Date March 12, 2001 Crime Report Promotions EID/BID Association Manager Meeting location changing for 6 months Page 68-70 Meeting Date April 9, 2001 Treasurers Report Crime Report Promotions EID/BID Sixth vacancy of a board director Page 71-72 Meeting Date May 14, 2001 EID/BID Promotions E-Mailing property owners and business owners with updates ■■seaaseeoeeeeeseeeeeeeeeeeseeeeeeeeseoeeaeeweeeseeeeeeeeeeeeeeeeeeeseeePage 72-73 Testimony From Fran Gritzbaugh Page 74 Response to all issues raised by Mrs. Gritzbaugh Page 75 Letter from Jerry Hilary regarding by-law compliance Page 76-77 Letter from Bill Monahan to Association Page 78 Statement about voluntary vs involuntary BYLAWS OF TIGARD CENTRAL BUSINESS DISTRICTASSOCIATION. INC. October 14, 1998 Article I - Name Tile name of this Association shall be the Tigard Central Business District Association, Inc. The registered and principal office of the Association shall be located at: 12420 S.W. Main Street, in Tigard, Oregon. Article 11 - Objective The Association is formed to promote the economic health and development of the Central Business District of Tigard. The purpose of the Association shall be to conduct or engage in all lawful activities in furtherance of the foregoing objective, or incidental thereto. Article III - Central Business District Area The Central Business District of Tigard shall be defined as declared by the City of Tigard per CRP Attachment. Article IV r Membership Section 1. Membership of this Association shall consist of three classifications: Business Organizations, Property Owners and Non property owners/Non tenants.. Section 2. Business Organizations membership shall be confined to those organizations conducting business for profit, including retail/ wholesale products and services, professional individuals and firms, located in the Central Business District of Tigard. Section 3. Property Owners membership shall be confined to owners of property located in the Central Business District of Tigard. Section 4. Non property owner/non tenant membership may be extended to any person, firm, or organization with a sincere interest in the objectives of the Association. Section 5. Voting: One vote on Association business shall be vested to each member holding membership in the categories of Business Organizations and Property Owners. Votes may be cast by the duly appointed representative of those members. Section 6. Election to membership: Applications for membership shall be approved by a majority of the Board of Directors. TIGARD CEN'T'RAL BUSINESS DISTRIC'T' ASSOCIATION, INC. BYLAWS October 14, 1998 Page 2 Article V - Dues Section 1. The annual dues for the various categories of membership to the Association shall be determined by the Board of Directors. Section 2. Dues shall be paid annually in'advance, unless other provision has been approved by the Board of Directors. Section 3. Members who fail to pay their dues within 90 days of the time they become due shall be notified by the Board of Directors and, if payment is not made within the succeeding 30 days, shall without further notice be dropped from the membership roll. Section 4. Special assessments may be authorized by a two-thirds vote of all members present (majority required) at any regular meeting of the Association membership. Special assessments also may be authorized by a two-thirds vote of all members present (majority required) at any special meeting of the Association membership provided written notice of the intention to authorize such assessment is contained in the call for such meeting. Article VI - Meetings Section 1. The Association shall conduct an Annual Meeting at which Association business may be transacted. The Annual Meeting shall be held between January 5 and February 15 in each calendar year. The time and place of the Annual Meeting shall be determined by a majority vote of the Board of Directors. Section 2. Special Meetings of the Association may be called by the Executive Committee or by the Board of Directors, with the purpose, time and place to be stated in a written notice to members. Section 3. Notice and Quorum: Notice of the Annual Meeting shall be given to each member of the Association in writing at least 30 days prior to the meeting date. Notice for Special Meetings must be made at least 3 days prior to the meeting date. Those members attending any regular or Special Meeting for which due notice was rendered shall a constitute a quorum for the transaction of business. Section 4. The order of business shall be governed by the latest edition of Roberts Rules of Order, Revised, provided that the order of business may be altered or suspended at any 3 meeting by a majority vote of members present. k 11G.-ItRI) UE.-N 1WSJ.N1''Sti DIS 111 'I' ASSOCIATION, IN('. BN LANN S October 1-4. 1998 Article VII - Annual Nominations / Elections Section 1. Directors of the Association shall be elected by vote of the membership secret ballot, with a majority of all votes cast being necessary to an election to Office. Such election shall be held at the Association's Annual Meeting. Directors shall take Office at the next meeting of the Board of Directors following the election. Section 2. The Officers of the Association shall be elected to their respective Offices annually by a majority vote of the Board of Directors. Such election shall take place at the first Board meeting at which new Directors take office following the Annual Meeting Section 3. A Nominating Committee shalrbe appointed by the Board of Directors prior to November I of each year The Nominating Committee shall, by December 1, submit to the Board of Directors it's nominations for that year's election of the Board of Directors Each nominee will have provided the Nominating Committee with consent for the nomination. The names of those nominated will be circulated to all members with the written announcement of the Annual Meeting. Additional nominations may be made by the membership-at-large at the Annual Meeting prior to the vote by the membership. Section 4. Ballots will be distributed to all members in attendance at the Annual Meeting. Ballots will be collected, opened and counted at that meeting by the present Officers of the Association and the results of the election announced immediately to the membership Ballots shall be kept by the President for two weeks following the announcement of results and are open to inspection to any Association member. Upon motion and second for acceptance of an entire slate of nominated Directors, this balloting process can be replaced by a showing of hands. If such motion does not gain a two-thirds vote of voting members present, the written ballot process shall be used. Article VIII - Board of Directors Section 1. The Board of Directors shall have supervision, control and direction of the affairs of the Association; shall determine it's activities within the purposes set forth in the Articles of Incorporation and of the Bylaws; and shall have discretion in the disbursement of it's funds. It may adopt such rules and regulations for the conduct of it's business as shall be deemed advisable, and may appoint such agents as it may consider necessary. t 1'IGARD CENTRAL BUSINESS DISTRIC T ASSOCItkTION, INC. BYLAWS Auffik October 14, 1998 Pane 4 Section 2. The Board of Directors shall consist of at least eleven elected Directors. Board membership can be increased upon the vote of a majority of the Board. At least three Directors shall be owners or managers of businesses on Main Street, and at least three Directors shall be owners or managers of businesses other than on Main Street. And there shall be at least two Director representing Property Owners. An ex-officio member of the Board of Directors will be a City of Tigard Representative. Section 3. Board of Director positions shall be numbered, beginning with one (1) thru eleven (11), and election to each shall occur on a rotational basis. Numbers one thru three will be elected in January 2000 , numbers four thru seven will be elected in January 2001, numbers eight thru eleven will be elected in January 2002, and the sequence begins again in each following year. Section 4. Tile President and Vice President shall be elected by the Board of Directors from among the elected Directors in the manner set forth by Article VII, Section 2. The President, Vice President, other elected Directors shall have the right to vote. Section 5. Each Director shall serve a three year term of office, and no Director may be elected to more than two consecutive terms. President and Vice President, once elected Alib, to their respective Offices, will not be required to be elected again by the membership ' while they hold those Offices. Each Director shall hold Office for the term for which he/she is elected or until his/hr-r successor shall have been elected to serve a term of three years. Section S. Meetings: The Board shall meet on a regular schedule to be determined by the Board. The Board also shall meet upon the call of the president at such times and places as he may designate, or as requested by a majority of the Board members. Section 7. Quorum: A majority of the duly elected voting members of the Board of Directors at the time of the meeting, with representation of all identified member categories, shall constitute a quorum to transact business of the Association. The act of the majority of voting Directors present at the meeting at which a quorum is present shall be the act of the Board of Directors. Section 8. Absence: If a Director is absent from three consecutive meetings for reasons which the Board does not deem sufficient, his/her resignation shall be deemed to have been tendered and accepted. FIGARD CE.NTRAL1. BI SIIN*I•ati DIS H m . I ~Ss( ft I\ Im%, Inc M I S October 1-4. 1`)Q8 Paue Section 9 Compensation Directors shall not rccen e compensation ti)i their .'ervice> IS Directors, but the Board may, by resolution, authorize rein)bursen)cnt Ofexperlses incurred in the performance of their duties Nothing herein shall preclude a Director Drum serving the Association in any other capacity and receiving compensation t'01' any such service. Section 10. Resignation or Removal Any Director may resign at any time by giving, written notice to the President Any Director may be removed by a two thirds vote of the total Board of Directors at any regular meeting, provided he/she has been given 30 days notice in writing of the reasons for such intended removal Section 11. Vacancies. Any vacancy on the Board of Directors n)av be tilled by a majority vote of the Board of Directors. Section 12. Voting: Directors may not vote by proxy However. nothing shall prohibit Directors from voting by telephone or Fax in accordance with applicable statutory provisions. Section 13. Waiver of Notice: Whenever any notice is required to be given to any Director of the Corporation by the Articles of Incorporation, Bylaws or laws of the State of Oregon, a waiver thereof in writing, signed by the person or persons entitled to such notice whether before or after the time stated therein, shall be equivalent to the giving of such notice. Article IX - Officers Section 1. The Officers of this Association shall be a President, a Vice President, a Secretary, and a Treasurer, each of whom shall be a member of the Board of Directors.. All Officers shall be elected annually. Any two or more Offices may be held by the same person, except the Offices of President and Secretary. Section 2. Vacancies: Any vacancy in any Office may be filled for the balance of the term by majority vote of the entire Board of Directors Section 3. President: The President shall preside at meetings of the Association, of the Board of Directors and of the Executive Committee, and shall be a member ex officio of all Committees. The President shall appoint all Committees, with approval by a majority of the full Board of Directors. t 'I IG.AI1U CE'N'1 RAJ. BUSINESS t)is'I'121C"i' :~SSO('1:~"f10N, INC, l31'LA11'S October 14, 1998 Page 6 Section 3. Continued The President shall exercise the usual executive powers pertaining to the Office of President. Section 4 Vice President: The Vice President may, as delegated by the President, perform the President's duties in the absence of the President, and shall have such other duties as the President or the Board may assign. Section 5. Treasurer: The Treasurer shall be responsible for all moneys received and expended for the use of the Association. The Treasurer shall receive all moneys, pay bills approved by the Board of Directors, and collect all dues and special assessments. The Treasurer shall give a report of the Association's financial condition at each regular meeting of the Board of Directors and the membership. The Treasurer will establish and maintain an account with a financial institution, approved by the Board of Directors, wherein all funds received by the Association will be deposited and all funds expended by the Association will be disbursed. Such disbursements shall require two signatures, that being the Treasurer's and one Director as designated by the Board of Directors. Section 6. Secretary: The Secretary shall be responsible for taking minutes of all meetings of the Board of Directors and of the general membership. The Secretary shall be responsible for proper notification to Association and Board members of those meetings. The Secretary shall be responsible for all other general correspondence of the Corporation, including invoicing dues and insuring compliance with all federal, state and local filing requirements. The Secretary shall, when requested by the President to do so, sign and execute with the President all deeds, bonds, leases, contracts and other obligations or instruments in the name of the Corporation. Section 7. Compensation: The compensation, if any, of all agents of the Corporation shall be fixed by the Board of Directors. Article X - Association Office and Staff Section 1. Office: The Association shall maintain it's Headquarters at 12420 S.W. Main Street, in Tigard, Oregon. Section 2. Staff: It shall be the responsibility of the Board of Directors to maintain an Association staff that provides services sufficient to support Association operations. Staff employed for such services shall perform such duties as are assigned by the Board of Directors. The Association may seek consulting services as deemed necessary by the Board of Directors. M' \RD l'1:\ I R \1 Ill IN S~, DIsl till I V's" I\ I lt►~. I~t lit i 1\~~ l ►il~~h~'; I I .Miele XI - Conuntucc• Section I I•he President, subject to the approval of the Board ol• Director s. shall annrtall\ appoint such Standing, Special or Suhconunittees as nrty he required by the Bylaws of aN are deemed to be necessary The first order of business of each committee shall be to select a chairperson Section 2 Fxecutive Committee .fin Executive Committee shall be appointed by the Board of Directors TO the Executive Committee shall be dcleg;tted all the powers and duties ofthe Board of Directors when the Board is not in session All actions ofthe Ixecutive Committee are subject to review by the Board of Directors Section Standim, Conmmittees In the designation ot'Standin, Committees, the President shall give attention to Association concerns in the areas of iMentbership• Business RCCULIMmenl, Finance, Retail Promotions. Desi,,n/Bututilic;ttion. and 'I•ratlie ,111d Parking Section 4. All Committees and Subcommittees shall include at least one Director from the Board of Directors Section 5 No action by any Committee, Subcommittee, or any member thereof, shall be binding upon, or constitute an expression of, the policy of the Tigard Central Business District Association, inc. until such action is ratified by the Board of Directors. Article XII - Fiscal Year The Fiscal Year of the Association shall commence on the first day of January and end on the last day of December each year. a TIGARI) CE.N"I'RAL M'SINES S DIS'I'IZI(:"1' ASSO('1:iL'I'ION, INC. I31'LAM S October 14, 1998 Pane S Article XIII - Indemnification of Directors and Officers Each Director or Officer now or hereafter serving the Corporation and each person who, at the request of or on behalf of the Corporation, is now serving or hereafter serves as a Trustee, Director, Office or Agent and his/her respective heirs, executors and personal representatives shall be indemnified by the Corporation against expenses actually and necessarily incurred by him/her in connection with the defense of any action, suit, or proceeding in which he/she is made a party by reason of being or having been such Trustee, Director, Officer or Agent, except in relation to matters as to which he/she shall be adjudged in such action, suit, or proceeding to be liable for gross negligence or misconduct in the performance of duties; but such indemnification shall not be deemed exclusive of any other rights to which such person may be entitled under any Bylaw, agreement, vote of the Board of Directors, or otherwise. Article XiV - Dissolution The Tigard Central Business District Association, Inc. shall use it's funds only to accomplish the objectives and purposes specified in these Bylaws, and no part of said funds shall inure, or be distributed, to members of the Association except as otherwise AMIL specified in these Bylaws. On dissolution of the Association, any assets remaining shall be disposed of in accordance with Article VI. the Articles of Incorporation. Article XIV - Amendments These Bylaws may be amended by a two thirds vote of the Board of Directors, with such amendments to take effect immediately. However, in order for such amendments to remain in effect, they must be ratified by a vote of the Association membership at the first membership meeting following Board approval of such amendments. As approved by unanimous vote of two thirds of the members f t e Board of Directors in a meeting held on October 14, 1998. irperso 14 1998 Date I~ I CS) ATTENTION: ALL DOWNTOWN BUSINESS & PROPERTY OWNERS MEETING TIGARD DOWNTOWN COMMITTEE AGENDA THURSDAY, OCTOBER 1, 1998 5:00 TO 6:00 p.m. TIGARD WATER DISTRICT 8777 SW BURNHAM ST. 5:00 5:10 Events Up To Date and Introductions 5:10 - 5:35 Election of Board of Directors 1 5:35 5:50 Presentation of Amended Bylaws 5:50 - 6:00 Discussion - Next Meeting 6:00 Adjournment Future meetings: October 15 i i i:lcdadmyerteeVim%Wdagnda.doc ' 3 ~ V I 9 10i N2r'1538 1.:.^5 9oN1~~3G MAIN .T °.,L-F- 9"./@= _ memorandum Denise R. Jones. Whin Street dillap Apadments Dabs: October 02, 1 SIN To: Board of Directors, Tigard Csntral Business District Association Sub fact: Scheoulod tlieyting Just a friendry reminder that ft lrsi scheduled meeting of the Board of Directors wN be held on Wednesday, October 94, 5.p. m. at the dubhouse at Mein Streat Wage Rpartmlen. During this meeting we will be elecbrg of ivs of the Board and also discussing the bylaws. Please remember to review the bylaws between now and then. I am a so sand hg to aach of you a listing of the Board along %ft tvW^ner numbers and fax numbers for your information. 1 look forward b s"nq all of you at the m mWiripl Ct) Meeting of October 26, 1998 Tigard Central Business District Association (T.C.B.D.A.) Members in attendance: Meeting called to order at 5:10 by Tyler Ellenson, President Introduction of Malcolm Johnstone, Downtown Development Specialist Malcolm invited all in attendance to introduce themselves and state if they were a Main Street business owner, and or property owner. We talked about the priorities of the members: Parking Networking Beautification Zoning for types of businesses Pedestrian friendly Need reasons for customers to come down to Main Street Undesirable businesses cleaned up From his past experiences City's are not good at accomplishing the above with out the assistance of groups like T.C.B.D.A. (see above). It takes 1/3 businesses, 1/3 property owners, and 1/3 City involvement to make changes. Value is time investment. Volunteers are essential to success. Malcolm will help us to organize for a fee and help us decide if we want to be: 501 C.6 Business organization servicing Main Street Or 501 C.3 Charitable Non Profit We need to file the Articles of Incorporation and status with IRS. For funding we need to: Create membership City tax, or business tax dedicated to organization for dues and revitalization 1 Define Economic Improvement District { City, Property owners, business owners sponsorship Property owners vote 2/3 voters approval for changes t These above money sponsorships can be used as matching funds for the City. j Do we want to be a: Primary Market to serve immediate needs Tertiary Market with Boutiques Secondary Market to draw in shoppers by comparison Or combination of all 11 We need Centralized Downtown Management, Property Management and good neighbors to put pressure on bad to accomplish all of our goals. Future things needed to accomplish our goals: Organization, Design, Promotions (5 a year max.), Economic restructuring, Revitalize downtown and implementation of changes. Economic restructuring plan takes approximately 5 years. See attached papers for additional information that were provided by Mr. Johnstone. Meeting after Malcolm ••rr~rrrrrrrrrrrrrrrrrrrrrrrrrrerrrerrrrrrrrrrrrrrrrrrerrrrrrrrrrrrrrrrri There was a packet disbursed prior to the meeting for members to read and be prepared for discussions. Mike Marr is requesting the T.C.B.D.A. to request a 180 moratorium for an OLCC permit made by a business on Main Street. There was discussion about the reasons for this, not family friendly, and the potential for problem increases. We decided to have Marv request a 180 day moratorium Tuesday night at the City Council Meeting. Paul Savory was appointed to head up a committee (task force) about the moratorium. Mike will give Paul a list of names of people he knows are interested in fulfilling this moratorium. Marv is also going to give City Council an update on how we are doing as a group. The Ex-officio for the City of Tigard, Jim Hendryx the City may make limits on new businesses. There are requirements the owners would have to meet to convert for example parking and land use requirements. We need a task force for issues on developing Main Street. We need outside involvement. We need a format for issues and concerns; City Council format gives each person a specified amount of time to discuss their issues. We need a long term committee for changes to Main Street, for example zoning issues. T.C.B.D.A. may make recommendations for changes and present them at City Council meetings We discussed new garbage cans for Main Street, but we can not get any money from the City until we fulfill some requirements. j Next meeting November 9, 1998 5:00 PM. i Kate will write a letter to Thelma Magno Humphries to find out if she is still interested in being on the board of directors. Meeting adjourned at 6:40pm Kate Dormer, Secretary l MEMBERS IN ATTENDANCE: Dave Hammond Paul Savory Brad Smith Denise Jones Penny Connor Linda Cross Kate Dormer Marv Leach Tyler Ellenson GUESTS: Malcolm Johnstone Mike Marr IddaL Meeting of November 9, 1998 Tigard Central Business District Association (T.C.B.D.A.) Members in attendance: Brad Smith, Dave Hammond, Tyler Ellenson, Penny Connor, Paul Savory, Jeff Thomas, Denise .tones, Kate Dormer Members absent: Linda Cross, Marv Leach, Jim Hendryx Guests: Mike Mar, Martha Bishop. Alexander Craghead Meeting called to order at 5:1OPM by Tyler Ellenson, President Kate read the minutes, no changes recommended. REPORTS FROM COMMITTEES Paul gave a report on the status of the 180 moratorium. Paul, Mike, & Heather Chrisman met with Bill Monahan, Jim Hendryx, from the City of AMh Tigard and Ron Goodpastor, Tigard Police Chief, today about ideas on how to address the concerns of T.C.B.D.A. There is nothing we can do as a group to stop the OLCC and Lottery Commission giving out the permits and video poker machines. We can however make suggestions for zoning changes, and code changes for future development. They suggested we try and work with the specific property owners in making this a better situation than what has been proposed. Paul is going to try and set up a meeting with the two property owners, Nic Capistrano and Jerry Cash and see what he can do in the way of a change. During the meeting it was brought up that the City Council wants to see a i plan from us as to our future goals. This will also assist us in getting future monetary help from them. ' Paul has also talked to some other Main Street merchants about design i review, zoning, family friendly street with positive response. The daytime population in Tigard is 90,000. The residential population in Tigard is 37,000. AM& Aah, LEGISLA TI VE REPRESENTA_TI VE Mike brought up that Max Williams is the new Legislature for Tigard, and Mike is going to talk to him about the Lottery Commission handing out the Video Poker machines without a specific procedure as to who gets them and their location. FUNDING OF T.C. B.D.A. Bill Monahan stated that if we wanted to go before the City Council for money for Malcolm they would be receptive but if we had matching funds it would help. The City Council does their budget in April. If we have a plan to show before then and we need more money than what has been previously budgeted there is a possibility we could get more. However the City Council does not want to fund a bunch of small groups. INTERNAL REVENUE SERVICE Mike brought up the fact that we cannot accept any money until we are registered with IRS and our bylaws have been filed. NEWSLETTER There was discussion about having a newsletter sent out to the Central Business District after we have made some progress to share with people what we are doing and to help increase support from the other businesses. .L4LCOLM JOHNSTONE Since we are all new to the group and novice's at what we need to do to proceed, we need to hire Malcolm to help us get a plan for future growth as a group. We all are going to privately donate to this cause. Tyler is going to talk to Malcolm and find out if he would be able to proceed with $500.00, if ' this would be sufficient to start we are going to get a preliminary plan i together to submit to the City Council for financial support. BUDGETS 3 a Penny is going to request some copies of budgets from other area associations to assist us in developing a budget for our needs. 1 MARKETING Penny is going to Chair the Marketing committee and start some networking with all of us and the rest of Main Street. SUGGESTIONS Marv Leach suggested to Tyler we start: Site Overlay Committee: to help define future businesses. and to make suggestions for future ordinance changes and design review. Promotions Committee: Businesses need to be able to take advantage of the promotions and we need to draw customers to the downtown area. VACANCY Thelma Magno-Humphries did not respond to our letter and has missed three meetings. We conclude this means she does not want to be involved. Mike will contact the original nominating committee and make suggestions of individuals that might be interested. Kate will write Thelma final letter. NEXT MEETING Next meeting to be determined after Tyler talks to Malcolm. Meeting adjourned at 6:13PM Kate Dormer Secretary Tigard Central Business District Association (T.C.B.D.A.) Meeting of November 16,1998 Members in attendance: Denise Jones, Tyler Ellenson, Jim Hendryx, Brad Smith, Penny Connor, Marv Leach, Jeff Thomas, Kate Dormer Members absent: Paul Savory, Linda Cross Guests: Mike Marr, Malcolm Johnstone Meeting called to order at 5:25 by Tyler Ellenson, President. Minutes from previous meeting read by Kate Dormer, motion made and seconded to accept minutes as read. PENNY'S REPORT `Penny made a request to Gresham for a copy of their budget, they will submit it to the board. Marv will find out about getting a copy of McMinnville's budget for us. Penny is going to let businesses in the area know what's going on and if their is anyone that would like to help her in networking the businesses in the Central Business District. She wants to make up a board for all businesses to hang in their locations and then a trifold brochure describing each business for customers to take with them. 'She is going to make some face to face visits and send some letters. Tyler said his wife, Margaret maybe interested. Penny suggested businesses put fliers in the Main Street Village Newsletter that goes out the end of every month. Penny is going to set up a referral area in her Salon for the businesses on Main Street. MALCOLM Malcolm stated that the minutes needed to reflect what the board is doing. Motion was made and seconded to accept Malcolm's contract for the period of December 1, 1998 to April 30, 1999. Paid for by private donations. Tyler will mail the contract and money to Malcolm. Malcolm and Kate will get together and go over the By-Laws and get them filed. Malcolm talked about us being a C-3 or C-6. Our Next meeting is going .to be December 7, 1998 from 5:15 - 7:15 to get started with goal setting, action planning, visions, issues with goals to resolve the issue, developing a strategic plan. Jim is going to provide flip charts for Malcolm for the next meeting. CITY COUNCIL Jim is going to send a copy of the contract regarding Malcolm to the City Council and Marv will follow up in 2 months with an update to the Council on how the T. C.B.D.A. is progressing. BOARD VACANCY Mike will set up a meeting for the nominating committee to fill the vacancy left by Thelma Magno-Humphries. . Meeting adjourned at 6:02pm Kate Dormer Secretary t~ Meeting of December 7,1998 Tigard Central Business District Association (T.C.B.D.A.) Members in attendance: Brad Smith, Dave Hammond, Tyler Ellenson, Penny Connor, Paul Savory, Jeff Thomas, Denise Jones, Kate Dormer, Jim Hendryx Members absent: Linda Cross, Marv Leach Guests: Mike Man, S. Carolyn Long, Malcolm Johnstone Meeting called to order at 5:24pm by Tyler Ellenson. Kate read the minutes; no changes recommended. BUDGETS Penny passed out a copy of Gresham's Budget. We will discuss at a later meeting. VACANCY The nominating committee has recommended Mike Leach, from Mike's Lock and Safe, as a replacement for the vacancy left by Thelma Magno- Humphries. Kate will notify Mike that he was elected and provide copies of all previous meeting minutes and handouts. MALCOLM JOHNSTONE OREGON DOIVNTOWN DEVELOPMENT ASSOCL4TION We need an action plan for City Council and any other interested parties. This is done in four parts: identify issues, articulate vision or mission, goals to meet issues with folks to champion goals, receive outcome. All members can champion goals. Do we want a mission which is what Ave do or a vision what we look like. MISSION STATEMENT The mission of the Tigard Central Business District Association is to set the course for the future of the Central Downtown area that will promote the health and viability of the community and businesses while preserving the unique qualities of Downtown Tigard and providing a safe environment for families and individuals to work, live, and gather. We need to review this proposed statement to make sure it's what we want for the year. The use of a mission statement prevents certain activities as a group. Affilb, l ISSUES Divided by Organizational Committees Ag=k PROMOTIONS: (image to draw people downtown.) • parking • street cleanliness • promotions • destination for shopping and business needs DESIGN: (traffic, lighting, environment, work with City.) • parking • street cleanliness • curb appeal • streetscape • lighting • traffic and traffic control • design standards • esthetics • zoning • public access restrooms • gateway development (signage). ECONOMIC RESTRUCTURING: (continuity of businesses with small sub committees chaired by members of the board, attack issues.) • business mix • infrastructure improvement. ORGANIZATIONAL COMMITTEE: • safety • traffic and traffic control • infrastructure improvement • findings. Malcolm will provide case studies of successful city's. NEXT MEETING Next meeting January 4, 1999 5:30pm. Meeting adjourned at 7:10pm. i i a Kate Dormer Secretary Meeting of January 118. 191)v Tigard Central Business District Association (T.C.B.D.A.) Members in attendance: Penny Connor. TNicr Ellenson. Denise Jones. Brad Smith. Mike Leach. Jim Hendryx Members absent: Linda Cross. Man- Leach. Kate Dormer. Dave Hammond. Paul Savorv. Jeff Thomas Guests: Mike Marr. Martha Bishop. Malcolm Johnstone In the absence of Kate Dormer. Secretary. Denise Jones would be taking tonight's minutes. Meeting called to order at 5:30 p.m. The reading or the minutes was dispensed. No changes were recommended and the minutes were accepted as written. Penny began our nnecung with a discussion regarding promotional ideas. Penny had been contacted by Jackie Adderman. who was interested in speaking before the board regarding marketing. She has had no experience writing for an association: however. she wanted to make direct contact with business owners regarding marketing publications. The board had decided that the association was not at a point where meeting with Miss Adderman would be of value. Penny also spoke about an organization called Conununity Project. LTD. This organization had been working with the Clianlbcr regarding the publication of a small ad%ertising booklet which NNoudd be distributed throughout "Tigard. It is a yep unique publication un that it provides a map along with business advertisings. The distribution of this publication would be monitored for about three to four months. The cost for one year would be from approximately $150 to S100. Several advertising options are a%ailabie. One hundred to one hundred (ifl~ businesses will be distributed to. there would be an approximate cir ulatioln of 3(1.llll1) per year. One hundred fifty to two hundred locations would have books a~ui)ab!C. Co niiunai Project. LTD i~vu!d w rCSpvi uib!C from Start to !iiiisin. Thcrc is vile pub!icatioin for tlic Ne-ar. It waS suggcstc-d b: Brad that the organii.ati6il sp,;a., vah `.Judi ailii S. ~,arvi_rin iii rC iird5 tv t!1Cir Supp„i, of this pubhcatlon prior to any comnlitnicnts. MALCOL J0lJ-"STO,:`E, vREVO-,, ✓rm -,'Tr01,VN nc%'Er 0`1 V~. i AJJCI !t?iTiij Topics of discussion: , T!iC v0.c.-nor is proposing a livability initi-i-, S2i miller from lotten' ftind5 would be slued for usage for downtown revitalization i 1v1N vl.14 "ve vant *to SuppOrt thi.5 isSUC %1,'1.I a, slnvUld uv as a ter our 1 The le-isialors need to hear from their constimomc. The Roard could sent a letter: vrn '.dill tI1C r.inalnnbCr 'S political active ComnnittCC: parincr with t111C. Association of Oregon Industries. Liable Oregon. Oregon Downto+%n Development Association There is an opportunity for us to have an impact. i ~Cb adurC55: V, O"Crnor.StatC.0r.ii5 a There is a Downtown Day at the Legislature all d2% on Thursday. February 38. At 3 p.m. there will be a r..,}xiaainsis: R~~tnta~a ra hz Capital. can inakz in app:iintun-na ,%ith Ou. Ic islator prior to going down. Brad has a COPY of ail legislators. t Page + Nlalcolm is creating a master w-ebsite for downtowns-a suggestion for us for advertising. Mike i_each suggested a downtown web page which would feature weekly one of our downtown businesses. The web page could scan the downtown corridor and view all downtown businesses. It coWd link with other relevant sights. + Malcolm had taken the infonnation established at our last meeting and assembled it together and printed it out. Ali Action Planning Shecl and a table of contents for an Action Document w•crl distributed. A workbook will need to be- created showing the business plate for the Tigard Dow'ntow'n Central Business District Association. Ivialcoir.; w ill begin to drag the Action Plan and gill distribute it to the members for any additions or deletions. It was agreed that the Bylaws should be added as an Appends::. Nflkc Miarr siIcd- tI= rdCatificd or piamicd committees with their broils should be identified. The document will be presented to the City Council on Febniary 16. The drift will be lornializcd b1 Febraar; 1. ,:•lalcolni will c-mail to all members. + The Association's bylaws need to be filed with the IRS and registered with the State. M-ikc Marr w011 do the prcliminar~ papcn%,drk For flings sad will have cotttpleted by our R:bruary 1 rue -1-inbr The Association will be filed as a 50 1 C6. which would mean that funds would b-- coming general from businesses and not from individuals. + Jim Hendn•x approached the striaject of a manager. Malcolm suggested that the individual would liuve to be a full-time do-wiitown manager with a adiiiinistratiyc assistance. A budget would be developed froin a "needs basis" based on the median cost of associations from around the state and an average :iJUld l:e la::cii. 1'l:tlcliliii iiiciiiii7iie, that ii iS ili3t Cas_ t0 obialii C~U:liiiied ilidiwld'u':115. + It is honed that the Tigard Police Chief will be able to 'attend the Fcbruar•• 1 meeting of the Board. Jim Hciidr;x is to arrange. + Malcolm cttl-esteri that people who have c~:p:rten::.d the process that we are bringing twould speak to the group. It would be an. advantagc to us to hcar lions those people. It was decided that the Board would wait to decide on this subject %N hen all members were present. The next scheduled meeting of the Board will be N•londay. Februan. I at 5:30 p.ni. at the clubhouse at Main Street Village Apartments. The niccting was adjourned at 6.45 p.ni. Denise R_ , tones Treasurer W=J Meeting of February 1, 1999 Tigard Central Business District Association (T.C.B.D.A.) Members in attendance: Tyler Ellenson, Penny Connor, Paul Savory, Jeff Thomas, Denise Jones Kate Dormer, Jim Hendryx, Linda Cross, Mike Leach, Marv Leach, Brad Smith, Dave Hammond, Guests: Mike Man, Martha Bishop, Jim Wolfe Crime Prevention, Public Information Officer from Tigard Police Meeting called to order at 5:30pm by Tyler Ellenson. Kate read the minutes; no changes recommended. TIGARD POLICE SPEAKER Jim Wolfe from Tigard Police came to speak to us regarding crime on Main Street. Tigard Police is going to send out a survey to businesses asking what Tigard Police can do to assist them in their safety needs vs. residential needs and general information on how the Police react. Statistics were passed out regarding the number of calls for Main Street. 7-1-98 through 12-31-98 Aft The board asked questions of Jim: • How does Washington Square compare to the list of calls Jim passed out to the board members? 23% - 24% of all calls are received from the Mall. • Number of calls for Service 8000 for a year. • Tri-Met Transit Center gets weekly visits, usually confrontation, drunks occasionally reported by bus drivers. • Trailer Park off Commercial, no specific problems. • Labor Ready 2-3 visits weekly. • Greyhound no problems. • Most of the crime instigators are coming from Portland. • Recommendations for being safer. • Lighting of passage ways. • Landscaping • Closing of business practices. • If you let your guard down something is more likely to happen. • Stop Sign on Burnham is a large problem. Jim will inform traffic officers. • Speeding of Tri-Met busses. Jim recommended we use a radar gun and the Chief will send letters alerting people of their high speed on Main Street • The number one crime in Tigard right now is check fraud. Never mail anything from your house and make sure your new check order is mailed to the bank. CITY COUNCIL MEETING The City Council Meeting is 2/16/99 at 6:30pm very important we all attend to make a good impression for City Council. Tyler passed out a rough draft from Malcolm for the meeting. All board members are to read through and if there are any corrections wanted return to Kate by Friday 2/5/99. If needed we will have a meeting 2/8 if not then 3/1. Kate will advise. NEXT MEETING Next meeting to be announced. Meeting adjourned at 6:43pm Kate Dormer Secretary s Amok. Meeting of March 1, 1999 Tigard Central Business District Association (T.C.B.D.A.) Members in attendance: Tyler Ellenson, Penny Connor, Denise Jones, Kate Dormer, Jim Hendryx, Linda Cross, Mike Leach, Brad Smith, Members absent: Paul Savory, Jeff Thomas, Marv Leach, Dave Hammond, Guests: Mike Marr, Malcolm Johnstone Meeting called to order at 5:40pm by Tyler Ellenson. Kate read the minutes; no changes recommended. New Member Kate informed board that Jeff Thomas is leaving the board as he is changing occupations. Denise will contact Mike about replacing him. Oregon Downtown Development Association Malcolm Johnstone We have finished our contract with Malcolm and we need to determine our next phase, either from O.D.D.A or from another avenue. We are at an arrival point with our action plan. We need to obtain resumes from some consulting groups both local and possibly out of state. Malcolm can supply a list of local firms. O.D.D.A. has a wide range of use and can work with a consulting firm or alone if we choose to keep them involved. O.D.D.A is not specialized and a consulting firm would be. We need a funding mechanism and $40,000.00 to $50,000.00 a year to hire a city manager. Discussion on using O.D.D.A. to assist in specific items with specific price tags. We need to develop a scope of action to give to the City to get funding underway. Malcolm will supply some information to Tyler about O.D.D.A.'s services detailed by cost. IRS & State of Oregon Kate has the paper work ready for Tyler to sign and get mailed in to register our group with the State and IRS. We are at standstill for funding until this is done. Adopt A Hi hwaY Jim Hendryx proposed to us to adopt Main Street. This means a one year commitment to keep Main Street clean. A sign will be hung up at either end of Main Street with our name on them. Promotions Penny passed out some information about doing a fund raiser in conjunction with the Rose Festival Hot Air Balloons. We decided to do this. Kate is going to get a flyer together and Mike is going to talk to Dale at Sir Speedy about them donating some printing costs. We are going to sell 3000 raffle tickets and hold a drawing on June 14, 1999. Next rneetin March 15,1999 Meeting adjourned at 7:20pm Kate Dormer Secretary All& E I E1111 III! Amok Meeting of June 14,1999 Tigard Central Business District Association (T.C.B.D.A.) Members in attendance: Tyler Ellenson, Penny Connor, Kate Dormer, Linda Cross, Mike Leach, Members absent: Paul Savory, Marv Leach, Dave Hammond, Brad Smith, Denise Jones, Jim Hendryx, Guests: Mike Marr, Vicki O.D.D.A Meeting called to order at 6:35pm by Tyler Ellenson. No minutes from last meeting, not enough members in attendance. New Members We now have two vacancies on the board. Mike Leach and Jeff Thomas. Mike will continue to solicit to fill the vacancies. Orezon Downtown Development Association Vicki Hilliard Brainstorming with Vicki to see what direction we want to go. Where do we think we will be in one year. Where do we want to be in one year. We need an action plan. Projects we want to do will gain more support with an action plan. We need something that will provide us with recognition as a group. We need to start small and prove ourselves. We need guidelines and a Board Member Handbook. Ideas for Downtown to do as a group. Structuring EID; this process is out in the future a year or so. Burhnam Street improvement which started the save Margaret campaign. Support in the Media. We need a newsletter, monthly, quarterly. We can get a bulk mail discount. We need to set boundaries. We need ideas of visibility. We need to think about doing a carnival next year, a trick or treat event to make it safer for children. We need to work on a work plan. Meetings Kate will do a survey to all members to find out the best times and days for meetings. Good Morning Tizard S.Carolyn suggested we host Good Morning Tigard in October. 35-50 people at the Water District Building. We would need to provide coffee, donuts, fruit and juice. This is a Chamber of Commerce event. Balloon Festival On Sunday June 20th we have been requested to provide volunteers for the Chamber of Commerce Booth to sell souvenirs. Linda will get a banner to hang up that says: "VOLUNTEERS PROVIDED BY TIGARD CENTRAL BUSINESS DISTRICT ASSOCIATION. " The volunteers are going to be Tyler, Penny, Kate, and Linda. Adopt A Highway Jim Hendryx proposed to us to adopt Main Street. This means a one year commitment to keep Main Street clean. A sign will be hung up at either end of Main Street with our name on them. This was the last information we have about this. No signs have been hung up and we have not heard from the City. We will have to wait until the next meeting to get an update from Jim. Next meetnng Will be set up after the survey. Meeting adjourned at 7:50pm Kate Dormer Secretary daft 2 i Meeting of August 2, 1999 f Tigard Central Business District Association Members in attendance: Paul SAvory, Tyler Ellenson, Dave Hammond, Jim Hendryx, Linda Cross, Penny Connor, Mike Marr, Kate DOrmer~S • CaAo~ a Lon- Guests: cJJ 0 Alexander Craighead Members Absent: Denise Jones 1swdrtil Meeting called to order at 5:35pm by Tyler, President Minutes read from last meeting one correction. Agenda: Read through ODDA contract, New members, Bank account, name of each member on a committee, October - Halloween event. OREGON DOWNTOWN DEVELOPMENT ASSOCIATION Reading of O.D.D.A. Contract by members Charge is $100.00 an hour. Lengthy discussion on if an E.I.D. Is needed right now, moving the E.I.D. to another phase of the contract, E.I.D. shows commitment for the future of our group for City COuncil. Kate will call Vicki and ask for explanantion of exactly what the E.I.D. is and why we need it. What would it cost if we decided to wait on the E.I.D.? Funding is a priority, do we want to modify the contract to include another funding option? Should we change the contract to some funding assisstance, but more prep and ideas with more onsite assisstance and less technical assisstance. We need cost breakdown, flat fee or hourly, or is there only a package deal. CHECKING ACCOUNT Tyler is going to open a checking account with Tyler, Penny and Denise as the signers. There will be one signature per check with a treasurer's report at every meeting. NEW MEMBERS There are some new member candidates, Doug Lee from Cafe Alegro, Alexander Craighead, Chuck Woodard from Tigard Liquor Store and Alex from Cyber cafe. Meeting adjourned at 5:50 Next meeting August 23, 1999 Kate Dormer Secretary 2~ MIE10111111 MEMO= committee and member Dave Hammond Design Committee Linda Cross Design Committee Penny Conner Promotions ? Kate Dormer Promotions Tyler Ellenson organization Brad SMith Economic Restruction Paul Savory organization Chamber Representative Promotions S. Carolyn & Marv Mimi Meetane ofAucust 30, 1999 Tigard Central Business District Association Members in Attendance: Penny Connor, Tyler Ellenson, Dave Hammond, Kate Dormer, Linda Cross, S. Carolyn Long Honorary Members: Mike Marr, Jim Hendryx Members Absent: Paul Savory, Brad Smith, Special Guests: Alex Tancuan, Doug Lee, and Alexander Craghead Introduction of members to guests. Minutes read and accepted. NEW MEMBERS Tyler talked with special guests about what T.C.B.D.A. is all about, what we have accomplished and what we hope to accomplish in the future. The board answered questions from the guests. RESIGNATION Kate read a resignation letter from Denise Jones. Work conflicts have forced her to resign. She recommends Shirley, the Manager for Main Street Village Apartments to fill the position. Linda Cross will become the new treasurer. OREGON DOWNTOWN DEVELOPMENT ASSOCIATION The board has agreed to accept the O.D.D.A. contract and will ask the City Council for funding at the September 21, 1999 meeting. MONEY FROM COUNCIL Tyler asked Jim what we need to do for funding from Council. We are going to make a request on September 21, 1999. We need approximately $10,000 to fulfill our future goals. VACANCIES We now have four vacancies on our board. Doug Lee, Alex Tancuan, and Alexander Craghead have been invited to fill three of the four vacancies. ADOPT A STREET Jim is going to bring the safety video we need to watch for the Adopt a Street program to the next meeting. Next meeting September 14, 1999 5:30 Meeting adjourned at 6:30pm Kate Dormer Secretary Ask Meeting of September 14,1999 Tigard Central Business District Association Members in Attendance: Penny Connor, Tyler Ellenson, Dave Hammond, Kate Dormer, Linda Cross, Brad Smith, Honorary Members: Jim Hendryx Members Absent: Paul Savory, Special Guests: Jerry Hilary, Shirley Lovelace Introduction of members to guests. Minutes read and accepted. SAFETY VIDEO Jim brought the safety video for us to watch for the adopt a street promotion. He will advise the City we have watched and are now ready to proceed. THANK YOU JIM!! NEW MEMBERS Tyler talked with special guests about what T.C.B.D.A. is all about, what we have accomplished and what we hope to accomplish in the future. DECLINE Kate read a letter from Alexander Craghead that work conflicts have forced him to decline our nomination for the board, but he would like to attend meetings when possible. MONEY FROM COUNCIL Jim discussed what we need to present to Council, and how it should be presented. We are going to make a request on September 21, 1999. We need approximately $20,000 to fulfill our future goals. This is going to be a question answer session. This is a very critical time to get funding for the Association. If our request is funded we will need to provide quarterly reports to the Council. It would be very helpful if everyone showed up to show the continued support of the group to the Council. Council's voting meeting will be September 28,1999. It would be very helpful if everyone showed up to show the continued support of the group to the Council at this meeting also! PROMOTIONS UPDATE Penny presented to the group the ideas the promotions committee has come up with for some decisions. She shared some Holiday items for a future promotion. No decisions made yet. Jim suggested trying to tie into the City's Christmas tree lighting ceremony, as there is usually a large turnout. GARBAGE CANS Discussion of the garbage cans again. We are going to wait until after the Council meeting and then decide. STREET LIGHTING It was discussed about possibly changing the streetlights but we will have to wait to even discuss this until the future. G~f VACANCIES We now have one vacancy on our board. Doug Lee, Alex Tancuan, and Shirley Lovelave have been voted in to fill three of the four vacancies. INSURANCE Penny discovered that we would need insurance to protect the Association to do promotions. American Family gave us a quote. We are going to invite them tc thc next meeting to discuss coverage. Jim is going to investigate if the City covers us. Next meeting October 13, 1999 5:30 Meeting adjourned at 7:03pm Kate Dormer Secretary t Meetinz of October 13,1999 Tigard Central Business District Association Members in Attendance: Penny Connor, Tyler Ellenson, Kate Dormer, Linda Cross, Jerry Hilary, Brad Smith, Shirley Lovelace Honorary Members: Jim Hendryx Members Absent: Paul Savory, Dave Hammond Special Guest: Sue Gallant, American Family Insurance and possible new member. Introduction of members to guests. Minutes read and accepted. TREASURES REPORT We have $4,000.00 in the bank, monies received from City Council. Linda is going to reimburse fees already paid out. Tyler $150.00 for IRS filing. Kate $20.00 for filing with cooperation division. Linda $20.00 for signage. ODDA $3,500.00 for contract. NEW MEMBERS Tyler talked with special guest about what T.C.B.D.A. is all about, what we have accomplished and what we hope to accomplish in the future. B URHNAM STREET Kate read a letter from Alexander Craghead about the Burhnam Street improvement. There is a meeting at the Water District building to discuss the future plans. As an association, we need to be involved in the improvements. Jim is going to invite Gus Duanas to a future meeting to discuss future plans of improvement. We need to do our boundaries and decide if Tigard Street is in our area as there are future improvement plans for that street. INSURANCE Sue discussed the coverage available from American Family and the limits. See attached page for details. Questions from the board: e Do Officers need special coverage? s Are our employees covered? Are riders needed? The board took this information under advisement. MONEY Jim still has $30,000.00 budgeted for T.C.B.D.A. VACANCIES The board discussed the idea mentioned by the Mayor about T.C.B.D.A. helping fill the vacancies on Main Street. ODDA We will contact ODDA about coming to the meeting on 10/27/99 to discuss the contract. Affik 3~ ADOPT A STREET We need to clean the street for the first time and then the City will hang the sign. October 23, 1999 is "Make a Difference Day" Jim suggested we try and clean that day. Jim, Linda, Sue, Kate, Tyler and Doug will clean that morning meet at 8:00am. Next cleaning time 30-60 days. BOUNDARIES We need to have a work session meeting and define our boundaries, start small we can always expand. PARKING Councilman Hunt suggested building parking structure on Burhnam and or Ash. ADDRESS Do we want a PO BOX for address or do we want to use the Chamber? We need something for the checks. Next meeting October 27, 1999 5:30 Meeting adjourned at 6:46pm Kate Dormer Secretary 3 till milli Meeting of November 1.1999 Tigard Central Business District Association Members in Attendance: Penny Connor, Tyler Ellenson, Kate Dormer, Linda Cross, Jerry Hilary, Brad Smith, Shirley Lovelace, Alex Tancuan, Mike Marr Honorary Members: Jim Hendryx, absent Members Absent: Paul Savory, Dave Hammond, and Doug Lee Special Guest: Sue Gallant Minutes read and accepted. TREASURES REPORT We have $3,380.00 in the bank, Tyler $150.00 for IRS filing. Kate $20.00 for filing with cooperation division. NEW MEMBERS Tyler talked with Sue about becoming a member. She is interested. Tyler put her becoming a member to vote. Motion made and seconded with all in favor. INSURANCE Discussion on if the Board needs more insurance or is this enough. We are going to have to wait until Jim is here to talk with him about what the City has available for us. The board took this information under advisement. ODDA Kate will contact ODDA about the meeting on 11/08/99 and what we want to discuss. (See attached memo sent to Vikki at ODDA.) ADOPT A STREET The Saturday cleaning went great. 15-20 bags of garbage were collected. Sue, Tyler, Linda, Doug and his wife. and Jim attended. Tyler feels next time if we had eight people for the clean up it would go smoother. We need to talk to the City about having the street swept before the next cleanup. Next cleanup is going to be Sunday, January 9, 2000 at 8:00am. BOUNDARIES A motion was made to have a work session meeting and define our boundaries, start small we can always expand. The committee will be Linda, Penny, Brad & Alex. TIGARD POLICE DEPARTMENT Discussion on making Main Street safer. Kate is going to invite Jim Wolf from Tigard Police Department to the November 29, 1999 meeting to discuss safety. • Speed enforcement • Police presence • Traffic control around Post Office G. V. W.R. Discussion on limiting the amount of trucks that are on Main Street. What is Main Street's G.V.W.R. (Gross Vehicle Weight Rating)? Too many trucks use Main Street as a cut through that do not have business on Main Street. Need to ask Jim. CHAMBER OF COMMERCE Jerry presented a proposal from the Chamber to share an employee to act as our Downtown Manager and also to share the Chamber's new building. We would also have access to other Chamber employees to assist us in future needs. See attached. METRO VISION We need to get a copy of the Metro Vision from Jim. This would be very helpful for our future plans. MAIN STREET APPEARANCE Main Street needs recognition. Discussion on ideas for defining the area. Down town is not inviting. Our mission is to make that happen. • Old Town • Entry signs on both ends • Brick Sidewalks • Lowering street lights COMMITTEE UPDATES Doug Lee: Alex Tancuan: Design Committee Sue Gallant: Organization Committee Shirley Lovelace: Economic Restructuring Jerry Hilary: Economic Restructuring NEWSLETTER Ask Discussion on a Newsletter. It was decided that it is a good idea but we need to have some more accomplishments to make a good impression. Next meeting November 29, 1999 5:30 Meeting adjourned at 6:56pm ~ Kate Dormer Secretary ~p Ashk Meetine of November 8,1999 Tigard Central Business District Association Members in Attendance: Penny Connor, Tyler Ellenson, Kate Dormer, Linda Cross, Jerry Hilary, Brad Smith, Shirley Lovelace, Alex Tancuan, Mike Marr, Sue Gallant Honorary Members: Jim Hendryx Members Absent: Paul Savory, Dave Hammond, and Doug Lee Guests: Vicki Hilliard ODDA Minutes read and accepted. TREASURES REPORT We have $3,380.00 in the bank. ODDA Vicki from ODDA came and discussed our future plans and how to carry them out. There was discussion on the following: • Contract for November 1, 1999 to October 31, 2000 is OK • We have 4 promotions planned for 2000 • We are involved in street cleanup • We want funding to be self sustaining • Membership versus EID/BID • Newsletter quarterly, need to budget for, begin in January to announce Resource Team in February • Talk to Chamber about using their bulk mail permit • E-mail versus regular mail • Website? • Schedule out yearly events • Workshop for businesses for marketing purposes • Resource team for development (what's missing) • Invite Patty Pierce Manager of Mcminnville to come and talk to us • 3 days of meetings with a Resource Team to give us an Organizational Plan this will take $4,000 - $6,000/ Downtown Marketing Study, Parking-Streetscape, Building and design guidelines February 8, 9, 10, 2000 Report on February 15, 2000 at City Council Meeting 7:00pm • Annual meeting/open membership meeting • We need info on memberships and how to begin • Organizational committee needs to do a budget they will meet on November 16`h 4:45pm • Opportunity for redevelopment • Market to fill vacancies on Main Street/ foot traffic/retail • Request for Proposals (R.F.P.) • Bring more ideas to next meeting Tyler signed the contract and gave it to Vicki with a check from Linda for $3,500.00. Ask BOUNDARIES A motion was made to have a work session meeting and define our boundaries, start small we can always expand. The committee will be Linda, Penny, Brad & Alex. HELD OVER FOR A FUTURE MEETING. G. V. W. R. Discussion on limiting the amount of trucks that are on Main Street. What is Main Street's G.V.W.R. (Gross Vehicle Weight Rating)? Too many trucks use Main Street as a cut through that do not have business on Main Street. Need to ask Jim. HELD OVER UNTIL NEXT MEETING. CHAMBER OF COA MERCE Jerry presented a proposal from the Chamber to share an employee to act as our Downtown Manager and also to share the Chamber's new building. We would also have access to other Chamber employees to assist us in future needs. See attached. HELD OVER FOR A FUTURE MEETING. METRO VISION We need to get a copy of the Metro Vision from Jim. This would be very helpful for our future plans. HELD OVER UNTIL NEXT MEETING. Next meeting November 29, 1999 5:30 Meeting adjourned at 7:15pm Kate Dormer Secretary GENERAL DISCUSSION NO QUORUM NOVEMBER 29. 1999 TIGARD CENTRAL BUSINESS DISTRICT ASSOCIATION Members in attendance: Jim Hendryx, Kate Dormer, Tyler Ellenson, Shirley Lovelace, Penny Connor, Linda Cross Guests: Jim Wolfe, Tigard Police Crime Prevention Officer Members absent: Jerry Hilary, Brad Smith, Alex Tancuan, Sue Gallant, Paul Savory, Dave Hammond, Doug Lee Minute's read but could not be accepted no quorum. Jim Wolfe, Tigard Police Crime Prevention Officer [discussion only) • Street Lighting • Interim enforcement • Stop sign • Baricade stop sign • Flashing red light for stop sign • Tri-met • Greyhound • Community policing • Post office employee parking • Center lane blocked r • G.V.W.R. • U-turns are illegal on Main Street • Safety issues over all on Main Street • Homeless issues • Criminal mischief • Fraud & forgery We need to set up a Safety meeting for merchants on Main Street in January. Other discussion items to be carried over to the next meetinw. • Metro Vision mixed use, town center. • Budget (see attachment to November 8, 1999 minutes) • Safety meeting Discussion ended at 7:22pm Next meeting January 10, 2000 5:30pm Meeting of January 10, 2000 Tigard Central Business District Association Members in Attendance: Penny Connor, Tyler Ellenson, Kate Dormer, Linda Cross, Shirley Lovelace, Sue Gallant, Paul Savory, Dave Hammond, and Doug Lee, Honorary Members: Jim Hendryx & Dennis Dirren both absent Members Absent: Jerry Hilary, Brad Smith, Alex Tancuan, Guests: Mike Marr, Kim & Fran Gritzbaugh, Gene & Vivian Davis Minutes read and accepted for November 8, 1999 meeting and for November 29,1999 General Discussion meeting. STREET CLEANUP Penny, Shirley, Kate, Alex Jr. & Sr. and Tyler did the street cleanup this time. The next cleanup will be on April 8, 2000. Doug, Tyler, Sue, Linda, Shirley, Mike, Fran and Kate have agreed to be there. ELECTION OF OFFICERS There was an election of officers. The officers will remain the same for the year. STREET SAFETY Our guests brought up the concerns for the are under the tunnel behind the bike shop, the loitering that occurs around Labor Ready. The statement was made that Labor Ready is producing a "Skid Row". The graffiti, garbage, and the loitering that occurs around and behind the buildings on Main Street, 12571. SW Main Street and 12575 AUk SW Main Street. The concern was also brought up about the hard time pulling out of driveways onto Main Street due to oversized vehicles. Does Tigard have a loitering Law? There is also a problem with people defecating on private property and not using restrooms. There are 70 Greyhound buses a week on Main Street. The buses are taking parking away from the businesses they park in front of. BUDGET The budget was accepted by a motion and seconded. Budget may be amended at any time. LETTERHEAD Tyler brought up that we need an official letterhead. He wants something Modern City with an old fashion feel. Shirley says her son could design one for us. She will have him get in touch with Kate. Next meeting January 31, 2000 5:30 Meeting adjourned at 7:35pm Kate Dormer r Secretary Meetine of January 31, 2000 Tigard Central Business District Association Members in Attendance: Penny Connor, Tyler Ellenson, Kate Dormer, Linda Cross, Shirley Lovelace, Dave Hammond, Jerry Hilary, Brad Smith Honorary Members: Jim Hendryx & Dennis Dirren Members Absent: Jerry Hilary, Alex Tancuan, Sue Gallant, Paul Savory, Doug Lee, Guests: Mike Marr Minutes read and accepted. STREET CLEANUP The next cleanup will be on April 8, 2000. Doug, Tyler, Sue, Linda, Shirley, Mike, Fran and Kate have agreed to be there. Kate will set up to have the street swept on April 6 or 7. O.D.D.A ODDA workshop March 9, 2000 at Tillamook City of Tigard will pay for one or more members of T.C.B.D.A. to attend. Members interested are Dave Hammond, Shirley Lovelace, Kate Dormer, and Jim Hendryx. LETTERS FROM MEMBERS OF COMMUNITY Jim shared several letters he received from Dr. & Mrs. Davis regarding their property on Main Street and the response that was sent to them. Once again the Board of T.C.B.D.A. discussed the problems with Greyhound. 'T'here is concern that Main Street can not support the Greyhound traffic any further. O.D.D.A LETTER Kate supplied all members a copy of a rough draft letter to be sent out to the community to solicit participation in the Resource Team for February 8,9, & 10. Two typos were spotted and will be corrected. LIBRARY Jim mentioned that Tigard Public Library has out grown its present location and would like to relocate in downtown. The board is in favor of the move. They would need 2-21/2 acres, 30,000 sq. feet. O.D.D.A The Resource Team will meet with the T.C.B.D.A. board on either Tuesday at 3:00pm or Wednesday at 1:00pm, all board members need to try to attend. There will be a "Press Release" in the Tigard Times and the Oregonian. City of Tigard is funding the Resource Team. February 15, 2000 Jim and Tyler will do an update with City Council on the results of the Resource Team. After the Resource Team is done and we have a future guideline we need to have a meeting with the general public and share our plans for Main Street and surrounding boundaries, and include a Safety meeting with the Police Department and the Fire Department. ~l . POEM IIIINIIIIII NINE= IIIIII CHAMBER OF COMMMERCE Tyler and Kate had a meeting with several members of the Chamber and the City to make sure there was a partnership of efforts and not two separate efforts. Jim shared the Council is very pleased with how we are progressing. The Chamber is getting pressure from their members about parking. There was discussion on sharing an employee again and also the amount the Chamber proposed to us and the employee and on renting a space in their building, we are welcome to counter their offer with one of our own. There will be a newsletter in March and we should put a supplement in. LITE RAIL Thursday February 3, 2000 6:30pm Open House at the Water District Building. TREASURER'S REPORT We have $330.00 in the bank. DENNIS DIRREN Dennis shared with the Board his goals for being the Main Street Liaison for the Police Department. He hopes to be approachable to merchants on Main Street. He plans to make his way up and down the street to introduce himself to the businesses. If major concerns develop there is always voice mail that we can leave messages for him. He is off Thursday, Friday, and Saturday, he works Monday through Thursday 8:00 - 6:00. We alerted him to the major concerns with Labor Ready and he said he would talk to them. Next meeting February 10, 2000 7:30 March 13, 2000 5:30pm Meeting adjourned at 6:42pm Kate Dormer Secretary Q~ ANIL Meeting of February 28, 2000 Tigard Central Business District Association Members in Attendance: Penny Connor, Tyler Ellenson, Kate Dormer, l;hukr&os, Shirley Lovelace, Dave Hammond, Jerry Hilary, Brad Smith, Alex Tancuan, Sue Gallant, Paul Savory, Doug Lee Honorary Members: Jim Hendryx & Dennis Dirren Members Absent: Jerry Hilary Guests: Mike Marr, Steve Brown "In Neon Sign Shop" Minutes read and accepted. GREYHOUND UPDATE STEVE BROWN, "In Neon Sinn Shop" Steve and Sally Brown have owned the sign shop since 1991. Greyhound came to them and asked them to be ticket agents. Gritzbaugh's have filed litigation against Greyhound and The Brown's. Mrs. Gritzbaugh never came to Steve and voiced her concerns. Steve has tried to talk with them but with no success. It is very obvious they just want Greyhound out of Tigard. Steve has had conversation with the Davis's who own the Vet Building. Steve is more than happy to work out any problems. If there are any problems Steve has complaint forms that go directly to Greyhound. Steve tries to be outside when every bus arrives. The bus drivers tell all passengers that they may use the restrooms in either the Sign Shop or Labor Ready. There are also restrooms on every bus. Steve gives notice to all passengers who but their tickets from him not to loiter on property other than in front of the Sign Shop. Steve does litter patrol daily. The majority of the passengers are senior citizens and students. Parking is an issue. Discussion on new sites. Greyhound serves a large number of people. Passengers are not going to want to buy tickets from Steve and walk to Commercial. Possible park on bridge and just have to walk across street. Large safety issue. Would only loose one parking spot. The bike path will need across walk also. Greyhound anxious for settling the issues. What about using Rite Aid? O D.D.A WORKSHOP ODDA workshop March 9, 2000 at Tillamook. Members attending are Dave Hammond, Shirley Lovelace, Kate Dormer, and Jim Hendryx. LETTER FROM MAR V LEACH, CIL4MBER OF COMMERCE Jim shared a letter he received from Marv Leach, President of the Chamber of i Commerce. Kate clarified the error on the Christmas decorations. There were several board members disturbed by the letter. Jim assured us that the City Council is still pleased with our progress. 3 Amok. 0 O.D.D.A Kate will find out if Vicki can come to the next meeting on March 13, 2000 to discuss a few things. 1. Workshops to invite the community to attend. 2. Membership 3. Downtown manager job description & suggestion. 4. Funding Recap of the Resource Team. Since the Resource Team went out and promoted our Association we need to take the bull by the horns and run with it. Our name is out there and we need to make sure we are not forgotten. Discussion on doing a Merchandising Seminar to include membership solicitation. We need a membership drive committee. We need to set a time frame to accomplish membership and funding. Membership Committee: Dave Hammond, Alex Tancuan, and Doug Lee. TREASURER'S REPORT We have $330.00 in the bank. Linda has resigned as treasurer. She is moving to Michigan. Shirley has been elected the new treasurer by a unanimous vote. DENNIS DIRREN If major concerns develop there is always voice mail that we can leave messages for him. He is off Thursday, Friday, and Saturday; he works Monday through Thursday 8:00 - 6:00. The only reports filed have been from Gritzbaugh's that someone is removing the screens on the vents to try and obtain access under their building. He does regular patrol under the bridge, lighting would make illegal activity harder due to the increased visibility. There are no ordinances for length of cars only for height; this came as a result of Davis's concerns about not being able to pull out of their driveway. Sue brought up skateboarders that are causing problems around the front of her building. Dave brought up the RV's that are parked along the bridge day after day. Dennis is going to pass out a survey door to door to help identify problems. JIM HENDRYX Jim discussed the City Council update Tyler did, "Great Job Tyler", and City Council behind us and has a lot of faith in our group. May look at some Public art murals in the downtown area. Next meeting March 13, 2000 5:30pm Meeting adjourned at 7:08pm 1 Kate Dormer " Secretary i~ I Meeting of March 13, 2000 Tigard Central Business District Association Members in Attendance: Penny Connor, Tyler Ellenson, Kate Dormer, Shirley Lovelace, Dave Hammond, Brad Smith, Paul Savory Honorary Members: Jim Hendryx & Dennis Dirren Members Absent: Jerry Hilary, Alex Tancuan, Sue Gallant, Doug Lee Guests: Mike Man Minutes read and accepted. GREYHOUND UPDATE This Association is not taking a position on the Greyhound/ Brown, Gritzbaugh lawsuit. O.D.D.A WORKSHOP ODDA workshop March 9, 2000 at Tillamook. Members attending are Dave Hammond. Shirley Lovelace, Kate Dormer, and Jim Hendryx. UPDATE TO BE GIVENAT THE NEXT AfEETING. O.D.D.A Vicki came from O.D.D.A. and passed out the Resource Team's report and brought the items we had requested from the last meeting. She suggests we do some public meetings involving, merchandising & displays. 2 hour workshops are and possible someone on one with select businesses. Cost $1500. Approx. In order for us to do any workshops or anything else we are going to have to hire a Downtown Manager. Salary of $35,000. Approx. We may be able to share one with Hawthorne. Vicki would be willing to be involved in the hiring processes. On April 18, 2000 we will go to the City Council and ask them to provide us the funding for one year to get a Manager hired and get some form of funding & membership in place. Paul, Tyler and Jim will be the Manager committee. TREASURER'S REPORT We have $330.00 in the bank. i DENNIS DIRREN If major concerns develop there is always voice mail that we can leave messages for him. He is off Thursday, Friday, and Saturday; he works Sunday through Wednesday Jim Wolf met with ODOT District Manager; ODOT is going to fence off the area under 99W that is of concern with the homeless and illegal activities. They are going to clean off the stairway and are willing to ptit lights with cages around them so they can not easily be broken. We now need to improve the bike path. We are going to set up a Public Safety Meeting for April since the Resource Team put our name out there we need to follow through. AML JIM HENDRYX There was more discussion of murals in the downtown area. This works with the Tigard Beyond Tomorrow Visioning Plan. Motion made and seconded that we support this. PARKIIVG A motion was made and seconded that we encourage the City of Tigard to eliminate the ordinance for parking requirements for new businesses. TIGARD DAYS Question was brought up if we want to take over Tigard Days Parade, decision was made that we really do not have time to do a good job. CIL4MRER OF COMMERCE Jim brought up that the Chamber would like us to participate in ideas for banners and Christmas lights for the full length of Main Street. Penny will be our representative. Next meeting April 3, 2000 5:3 Wpm Meeting adjourned at 7:24pm Kate Dormer Secretary 68472688200004080010001 STATE OF OREGON CORPORATION DIVISION 2000 ANNUAL REPORT Registry Number: 684726-88 Fee: $10.00 Date of Incorporation: 04/08/1999 Must be received by: 04/08/2000 Entity type: DOMESTIC NON-PROFIT State or Country of Organization: OREGON Duration: PERPETUAL Please review the bottom and reverse side of this notice for accuracy. If the information has changed please make'the corrections and return the entire notice with your remittance. DO NOT ENCLOSE ANY CORRESPONDENCE. TIGARD CENTRAL BUSINESS DISTRICT TYLER ELLENSON 12485 SW MAIN ST TIGARD OR 97223 IF THIS IS YOUR "FIRST ANNUAL REPORT" YOU MUST COMPLETE AND RETURN THE ENTIRE FORM. THE REQUIRED FEE AND ANY CORRECTION IF NECESSARY MUST BE RECEIVED BY APRIL 08, 2000 WITH THE FEE OF $10.00. 2000 ANNUAL REPORT TIGARD CENTRAL-BUSINESS DISTRICT Registry Number: 884728-88 1. Federal Tax ID umber 2. SIC Code (See Enclosed List) 3. Principal Place of Business (Street Address) 12485 SW MAIN ST TIGARD OR 97223-0000 4. Registered Agent TYLER ELLENSON Registered Office 12485 SW MAIN ST (Oregon Street Address) TIGARD OR 97223 If the Registered Agent has changed, the new Agent has consented to the appointment. Please complete the back side of this form if required. N i Ad& !heeling of April 10, 2000 Tigard Central Business District Association Members in Attendance: Penny Connor, Tyler Ellenson, Kate Dormer. Shirley Lovelace, Sue Gallant, Ales Tancuan, Honorary Members: Jim Hendrys & Dennis Dirren Members Absent: Jerry Hilary, Doug Lee, Dave Hammond, .Brad Smith, Paul Savory Guests: Mike Marr Minutes read and accepted. GREYHOUND UPDATE Employees from Greyhound and Tri-Met met with Jim regarding the Greyhound and their stop being moved from in front of the Veterinary Building. The transit mall is probably not going to be the answer to the problem. The stop is probably going to be changed to the Bridge on the opposite side of Main Street. O.D.D.A WORKSHOP ODDA workshop March 9, 2000 at Tillamook. Members attending are Dave Hammond, Shirley Lovelace, Kate Dormer, and Jim Hendrys. UPDATE TO BE GIVENAT THE NEXT MEETING. TREASURER'S REPORT We have $330.00 in the bank. DENNIS DIRREIV No crime reports registered with Tigard Police this week in our boundaries. We set up a Public Safety Night for May 8, 2000 6:30pm - 8:30pm since the Resource Team put our name out there we need to follow through. Tigard Police and Tualatin Valley Fire and Rescue will do a presentation. Dennis has not heard anything more from ODOT on the lights. Last he heard they would have to wait until June or July for money. STREET CLEANUP The nest street cleanup will be June 11, 2000, meet at the Sub Shop at 8:00am. The members that have not been apart of this need to participate. VACAjVCY We have a position open since Linda vacated. Kate will read through the by-laws and find out what type of position we have open. We need a certain amount of property owners, business owners, and members off Main Street. Penny will talk to Kaufman's Fly-Fishing, Ales will talk to iVlagno Humphries, and Kate will talk to Kadel's Auto Body. ASSOCIATION AL NAGER Main Street Manager Committee is Tyler, Paul, & Jim. We are going to City Council on the 18'h of April to present the idea to them. We will need to ask the Council for financial support. $28,000 plus benefits or $35,000 without, for full time employee. The job description was accepted as written. We will go back to City Council in May and request the money. BANNERS Penny showed some samples of the Banners that the Chamber has requested us to purchase. There was discussion on the banners but no decisions were made. Next meeting May 15, 2000 5:30pm Meeting adjourned at 7:30pm Kate Dormer Secretary 4~ Meetinz of June S. 2000 Tigard Central Business District Association Members in Attendance: Kate Dormer, Shirley Lovelace, Paul Savory, Sue Gallant, Alex Tancuan, Brad Smith, Tyler Ellenson, Dennis Dirren, )honorary Members: Jim Hendryx, absent Members Absent: Dave Hammond, Penny Connor, Jerry Hilary, Doug Lee Guests: Mike Marr, Ron Flores, S.Carolyn Long, Tigard Chamber of Commerce Minutes read and accepted. TREASURER'S REPORT We have $330.00 in the bank. STREET CLEANUP The next street cleanup will be June 24, 2000, meet at the Sub Shop at 8:30am. Members that are going to do street cleanup are Kate, Mike, Shirley, Alex, Sue, Dennis, Paul, Tyler. The members that have not been apart of this need to Participate BANNERS Penny showed some samples of the Banners that the Chamber has requested us to AMMIL purchase. More discussion on banners and the Association decided unanimously to request the money from City Council $3,360.00 to hang banners. Penny absent update at next meeting BALLOON FESTIVAL PROMOTION. Balloon festival is June 16-18. Penny, Alex and John have put together a treasure hunt for the balloon festival. Alex is designing the map. People will be picking up maps at the festival, going around to designated businesses and getting the maps signed or stamped and then turning them into a designated business. Our group will pick them up and have a meeting on June 26"' to do the raffle drawings. There are 21 participants to do the map. 18 gifts to be raffled. BURNFL4M STREET Kate contacted Gus at the City of Tigard, and he will notify us of the next meeting and Paul will attend. There have not been any decisions made on the expansion. It is still in the brainstorming stage. NEW MEMBER John from Soothing Moments was unanimously elected to join our board as a member. Kate will contact John. Alk CP TIGARD DAYS Ron Flores presented ideas to T.C.B.D.A. on having a Tigard Daze Event. (See attached) This event would be family oriented. Ron would be donating his time to us this year with the agreement he would continue to do this next year for our group with compensation. Booth vendors pay to have a booth to sell their goods. $300.-$400. The carnival company would pay a commission to us. (to be determined) Beer Garden would pay commission to us. (to be determined) Corporate sponsorship "IN KIND" since most budgets are already done for this year. Sponsorship of music in 2 hour increments. i.e. George Morlan Plumbing. School bands & dance studios performing. Harley and Antique car displays. We will need private security for the beer garden. We can do radio advertising, newspaper articles. We would need a $5-7,000 pad for possible problems. Michael's could be contacted for donations for face painting. Petting Zoo to draw families. Competition for a car club to draw them. Our first step is to contact Rite Aid, Alex will do this. US Bank, Tyler will do this, and McDonalds, Kate will do this. Our second step is to get corporate sponsors. Postponed until next meeting to find out if we have support from the three merchants. AINIL Final vote will be June 26, 2000. MEM Next meeting June 26, 2000 at 5:30 PM Meeting adjourned at 7:45pm Kate Dormer Secretary July 24, 2000 Meeting TIGARD CENTRAL BUSINESS DISTRICTASSOCIATION Members in attendance: Jim Hendryx, Kate Dormer, Tyler Ellenson, Shirley Lovelace, Penny Connor, Jon Sundquist, Brad Smith, Alex Tancuan, Sue Gallant, Paul Savory, Members absent: Jerry Hilary, Dave Hammond, Doug Lee Guests: Mike Marr, Jim Wolf Tigard Police Department(Filing in for Dennis) Minute's read and accepted for two weeks. STREET CLEANUP Two attempts have been made and have failed. We as a group committed to doing this and everyone needs to be involved. The next date will be August 5, 2000 at 12:00pm meeting at Tigard Sub Shop. Penny, Jim, Brad, Mike, Tyler and Alex will do the cleaning. CITY COUNCIL We all need to attend the City Council meeting on July 25, 2000 at 7:30. We are making second request for funding to hire a manager and to order banners. SIDEWALK SALE Penny and Jon checked into doing a sidewalk sale, they are not allowed in the City of Tigard. ABSENT MEMBERS According to our by-laws (section 8, see attached) we have several members that have exceeded the absent limits. Kate will prepare a letter to send to these members. We need to set a date for our meetings that stays the same month after month. We decided on the second Monday of each month. TIGARD POLICE REPORT Jim Wolf will being attending our meetings in Dennis' place for a few months as Dennis is taking some classes on Monday nights. Problems: Skateboarders have been a problem at the new Chamber Building. Tigard police is doing extra patrol. Crime Reports filed: CRIMINAL MISCHIEF • SW Office Supply twice reported graffiti (newly painted building) • Cafe Allegro reported two planter boxes stolen • Sunrise Food & Gifts reported graffiti • Crown Carpets reported graffiti Reported graffiti is photographed and logged for future arrests. There is a gang presence in Tigard but not as serious as in other joining communities. Affik TIGARD POLICE CONTINUED ODOT Jim IS continuing to pursue ODOT on the transient problem and trying to enclose the areas under the viaduct. He has received good response from ODOT but there has not been any follow through from them. Tyler brought up the vision of the area to our children. A group from St. Anthony's walked through while a transient occupied the area. Half hour later the transient was picked up by Tigard Police. CITY OF TIGARD Jim Hendrvx City of Tigard has received bids on constructing the bike path from A Boy to Ash Street. This should take place in October. Maybe if our group sent a letter to ODOT we could get them to move faster on the area under the viaduct. We may also want to find some additional funds for lighting. May need to pursue corporate funding for lighting and landscaping. PROMOTION. Can't do sidewalk sale, City of Tigard will not issue permits. Jim H. will check into this. Banners are 2-3 weeks out for delivery if the City Council approves the request. Advertising for these banners being hung will be our responsibility. Maybe we can try and raise funding to have a meter maid program, McMinnville has a citizen group that volunteers and writes tickets. We would need a program written to do this. Jim W. is working on a similar program for Lincoln Center, they have a lot of problems with handicap parking violators. Meeting ended at 6:54pm Next meeting August 14, 2000, 5:30pm ~3 i August 14, 2000 Meeting OEM TIGARD CENTRAL BUSINESS DISTRICT ASSOCL4 TION Members in attendance: Jim Hendryx, Kate Dormer, Tyler Ellenson, Shirley Lovelace, Penny Connor, Jon Sundquist, Brad Smith, Alex Tancuan, Sue Gallant, Paul Savory, Members absent: Jerry Hilary, Dave Hammond, Doug Lee Guests: Mike Marr, Jim Wolf Tigard Police Department (Filling in for Dennis) Chief Ron Goodpaster Tigard Police Department Minute's read and accepted for two weeks. CHIEF RON GOODPASTER The major focus of the conversation was on parking. The TPD does not have the personnel to enforce most parking regulations. They will enforce serious infractions, such as blocking driveways, hydrants, & roadways. There was discussion on forming a volunteer group to enforce parking rules. There was discussion on the pros and cons. Ron requested to work with a few people to establish what the true needs of the Main Street Area are. Alex, Paul, Jon & Tyler will meet with Ron. TREASURER'S REPORT We have $330.00 in the bank. STREET CLEANUP Next Street cleanup is going to be October 28,2000 at 8:00am. The members that have committed to doing the cleaning are, Alex, Brad, Chuck Connor, The Gritzbaugh's, Mike, Tyler, Sue, Jon, & Jim H. Meet at Tigard Sub Shop, Sue is in charge of organizing the cleanup. CITY COUNCIL All of our requests for money were approved by City Council. ABSENT MEMBERS According to our by-laws (section 8,) we have several members that have exceeded the absent limits. Kate showed a letter to send to the members who have missed at least four consecutive meetings. The letter was approved by all members and Kate will send to Doug Lee and Dave Hammond. Tyler advised us that Jerry Hilary has resigned. TIGARD POLICE REPORT Jim Wolf will be attending our meetings in Dennis' place for a few months as Dennis is taking some classes on Monday nights. No crime reports filed for the area. Public Safety Jim passed out a letter from ODOT, (see attached). Jim is trying to get donations for $3,500 to do the lighting. Possibly from PGE. It would be nice to try and do the lighting this year and the cages next year. JIM HENDRYX The bike path construction from A Boy to Ash Street should take place in October. Since we lost our liaison between the Chamber and our organization, Jim has offered to be the liaison. Jim is going to send us a "Memo of Understanding" documenting that we are going to receive a specific amount of money from City Council and what it is to be used for. Paul is going to accept the resumes and applications for the Manager position. Paul has also offered to provide a work area for this person. Paul is also going to be the supervisor. The add in the paper should come out mid August and run through mid September. PROMOTIONS Sidewalk Sales on weekend are OK keep sidewalk clear for pedestrians. More report next month. BUDGET Tyler passed out a copy of the proposed budget for the manager position. It was approved by all members. ODDA Kate is going to invite Vikki to attend our next meeting to answer some questions on the contract provided to Jim. Meeting ended at 7:14pm Next meeting September 11, 2000, 5:30pm September 11, 2000 Meeting General Discussion no quorum. TIGARD CENTRAL BUSINESS DISTRICT ASSOCL4 TION Members in attendance: Kate Dormer, Tyler Ellenson, Shirley Lovelace, Penny Connor, Jon Sundquist, Aiex Tancuan Members absent: Jim Hendryx, Sue Gallant, Paul Savory, Brad Smith, Guests: Mike Marr, Jim Wolf Tigard Police Department (Filling in for Dennis) Martha Bishop, Jan Richardson, Councilor Brian Moore & Councilor Ken Scheckla Minute's read and could not be accepted for two weeks. CHIEF RON GOODPASTER Report on the meeting with Chief Goodpaster, Alex and John. The options that the meeting generated is to write letters to the businesses that we know are letting their employees park on Main Street and to Park & Riders for Tri-met. Parking meters are not an option they are way too expensive. Tigard Police needs a commitment from our group to resolve this problem. For three months notify the offenders then we may be forced to ticket them. The other option that TCBDA feels is too aggressive right now is to mark and ticket all offenders. If someone repeatedly parks for a long period then Tigard Police will ticket. OTHER OPTIONS We need to identify property not being used in the core area and try and turn it into a parking lot. Railroad might abandon one track when commuter rail goes in, we maybe able to use that for parking. Education to the businesses in the core area that there is permit parking available at Crown Carpets. Letter on how the parking violators are affecting the other businesses in the area. TREASURER'S REPORT We received $5,000.00 from the City of Tigard. Balance $5,330.00 Check for $3,360.00 was written for the banners. We have $1,970.00 in the bank. STREET CLEANUP Next Street cleanup is going to be October 28,2000 at 8:00am. The members that have committed to doing the cleaning are, Alex, Brad, Chuck Connor, The Gritzbaugh's, Mike, Sue, Jon, & Jim H. Meet at Tigard Sub Shop, Sue is in charge of organizing the cleanup. MEMBER VACANCIES We have three positions open on the board. If you know of anyone that maybe interested, invite him or her to attend the next meeting October 9, 2000. Tyler will do a format for new members to present at the next meeting. Kate will do breakdown according to by- law requirements. TIGARD POLICE REPORT Jim Wolf will be attending our meetings in Dennis' place for a few months as Dennis is taking some classes on Monday nights. No crime reports filed for the area. Jim has not heard from PGE about the lighting request. Councilor Moore recommended that TCBDA write a letter about the lighting assistance and about replacing the old lights on Main Street in the same letter and copy it to Council President Moore. PROMOTIONS Social, Sidewalk Sale, Halloween promotion, Tree Lighting promotion and Christmas promotion. See attached. The members in attendance approved all promotions. Jon has ordered flags for the existing poles for both Halloween and for Christmas. The hardware is here for the banners and it will be given to the Fire Department to make sure they can hang them OK, if they can't then call Councilor Moore. There will be a sign up at the Social for people who are interested in becoming members. ODDA 4P Kate invited Vikki to attend our next meeting to answer some questions on the contract provided to Jim. Whatever questions and concerns we have need to be given to Kate in the next two weeks. JOB APPLICATIONS 21 people responded to the ad in The Oregonian. 7 Resumes have been received. Paul, Sue & Jim will go through and set up interviews. The ad is closing today. EID TURMOIL Vicki informed Kate about an initiative that is on the ballot for November that would make EID's illegal. This will definitely hurt our group. We are at a stand still until the November election. Kate passed out the information with the copy of the minutes for this meeting. Meeting ended at 7:40pm Next meeting October 9, 2000, 5:30pm Aft Tigard Central Business District Association New Member Questioner 1. Do you own property in the Tigard Central Business District area? Please specify address. 2. Do you own a business in the Tigard central Business District area? Please specify address. 3. How many hours a month are you able to contribute to the T.C.B.D.A? 4. How long have you been a property or business owner in the central business district? 5. Why are you interested in becoming a board member of the T.C.B.D.A? 6. Are there any times or days you cannot participate in T.C.B.D.A. functions? mill October 9,2000 Meetine TIGARD CENTRAL BUSINESS DISTRICT ASSOCIATION Members in attendance: Kate Dormer, Tyler Ellenson, Shirley Lovelace, Penny Connor, Jon Sundquist, Alex Tancuan, Jim Hendryx, Sue Gallant, Pau! Savory, Members absent Brad Smith, Jim Wolf Tigard Police Department (Filling in for Dennis) Guests: Mike Marr, Martha Bishop & Vicki Hillard Executive Director ODDA Minute's read and accepted for two weeks. DOWNTOWN MANA GER INTRODUCTION Jim introduced our new Downtown Manger William (Bill) W. Wadman III to the group and we all introduced ourselves to him and what business we are connected to. Cell phone 503-799-3693/ home phone 503-636-7326/ e-mail address wwwadmanIII@netscape.net. Today is Bill's official first day. Tyler will talk to Mike Marr about doing payroll. Part of Bill's job description is attending all meetings. Bill was interviewed by Tigard Times today. The suggestion was made for Bill to do a letter of introduction to pass around when he goes to the businesses to meet the owners/managers. PARKING ISSUES Letters to the businesses that we know are letting their employees park on Main Street and to Park & Riders for Tri-met. TREASURER'S REPORT Balance $1,970.00 Deposits of $1,095.00 & $35.00 Balance $3,065.00 Check for $675.00 for banners and shipping Ending balance of $2,389.30 STREET CLEANUP Next Street cleanup is going to be October 28,2000 at 8:00am. The members that have committed to doing the cleaning are, Alex, Brad, Chuck Connor, The Gritzbaugh's, Mike, Sue, Jon, & Jim H. Meet at Tigard Sub Shop, Sue is in charge of organizing the cleanup. MEMBER VACANCIES We have three positions open on the board. If you know of anyone that maybe interested, invite him or her to attend the next meeting. Tyler did a format for new members. After some discussion and some changes, the format was accepted. ~9 TIGARD POLICE REPORT Jim Wolf will be attending our meetings in Dennis' place for a few months as Dennis is taking some classes on Monday nights. Jim Wolf absent, no crime reports available. PROMOTIONS Sidewalk Sale a huge success even though it RAINED very hard all day. See attached memo from Penny to City Council. Halloween promotion volunteers needed to pass out hay and corn stalks. There will be prizes given out to the stores that best decorate. Judging will be by Chamber of Commerce. Tree Lighting promotion and Christmas promotion. See attached. Jon has ordered flags for the existing poles for Christmas. Aboy says we can use their parking lot for anything we need for any future promotions. We need to send a thank you to Ed Wenger at City of Tigard for getting the banners hung so quickly for us. All board members need to adapt a banner for $30.00 so Jon does not have to pay for all of them. Penny will contact Tigard Times about doing an article concerning teenagers for the award at the tree lighting ceremony. ODDA Vicki attended our next meeting to answer some questions on the contract. Jim went over the questions, see attached. Contract will be dated to end 12-31-01, however this is not a drop-dead date. This can be negotiated. The fee of $6,000.00 is a minimum of 80 hours devoted to the E.I.D. and 54 additional hours with optional use. If we get done sooner we can reduce the hours that would reduce the fee. We explained what O.D.D.A is to Jon and Bill. EID Booklet explains the timeline. When the contract is signed, we will begin. We will use Heidi from ODDA all the way through the process. Tyler will sign and return the contract with $6,000.00 check. Motion made and seconded to have Tyler sign and return contract. CITY OF TIGARD • The City is discussing matching ODOT's contribution to putting up the lights under the viaduct. • The bike path will be finished in October from Main to Hall. • November Planning Commission then December City Council, to eliminate the parking standards for existing buildings on Main Street. New buildings would have to follow the standards. INSURANCE The discussion was brought up about insurance. The insurance can come out of the money we have received from City Council. The board approves Sue writing a policy for our group up to $300.00. Sue will get the info to Kate. Meeting ended at 7:40pm Next meeting October 9, 2000, 5:30pm G November 13,2000 Meeting TIGARD CENTRAL BUSINESS DISTRICT ASSOCIATION Members in attendance: Kate Dormer, Tyler Ellenson, Jon Sundquist, Jim Hendryx, Paul Savory, Brad Smith, Jim Wolf Tigard Police Department (Filling in for Dennis) Bill Wadman Members absent Penny Connor, Alex Tancuan, and Sue Gallant Guests: Mike Marr, Sherry Schilling, Heidi Henry ODDA, and Scott Parr Minute's read and accepted. DO WNTO WN MA NA GER UPDATE Bill gave us an update about what he has been doing over the last month. • Reading about the EID/B1D process • Formation of the Association • Meeting with Paul weekly • Meeting with Tyler several times • Attempting to meet with all Business owners 46% of the businesses have been contacted there are 19 new businesses. Should be done with the visitations by the end of the month. Only has received three negative comments. • Giving a questionnaire about growth and development • Trying to encourage people to think outside of their own businesses TREASURER'S REPORT Ending balance of $2,389.30 Due to the removal of Shirley as Treasurer There is not a current Treasurers Report until next month STREET CLEANUP Update at next meeting Sue Gallant absent. TIGARD POLICE REPORT Jim Wolf will be attending our meetings in Dennis' place for a few months as Dennis is taking some classes on Monday nights. No crime reports this month. Tigard Times came and interviewed Dennis and followed him around to some businesses on Main. The trick or treat promotion was a success and there was no negative police involvement. PROMOTIONS Southwest Office Supply sponsored their own add for the Trick or Treat event. Banners- the poles that belong to PGE the City is taking responsibility for the banners being hung on them. As of 11-13-00 we earned $2,660 for the last two promotions. Kate and Jon are the only two that finished their envelopes. The Fire Department confirmed the delivery of Mr. & Mrs. Santa. Bill is checking into the donation of the Polaroid film. Penny's church confirmed the caroler's. The Sequoia tree at the top of Main Street in Liberty Park is the tree that is going to be used. Tyler has a call into Ed Wegner to get permission. Tyler trying to get the lights donated. Sherrie is doing the ornament. G~1 IN III I PROMOTIONS Continued There was discussion on inviting the Mayor and City Council to speak at the lighting event. Our businesses need to be done ASAP. The charity we are donating the food to is Women's and Children's Charity on Greenburg. Kate will ask the charity to have someone from there judge the storefronts. Jon, Alex, Chuck & Penny Connor are putting the banners up. Tyler, Jim, Bill and Mike will take the banners down. ODDA Discussion on the EIDBID process. An EID is put together by group assessing fees to people in the boundaries for improvements. Approximately a 9-month process. Activities timeline: 1. Develop a budget 2. Create a Committee 3. Create Boundaries 4. Decide on Assessment Levels 5. Gather Support 6. Hold a series of meetings 7. Refine the proposal 8. Sign up Supporters • Goals for the next three years why we are doing an EID. • City continuing their support • 1St public hearing schedule 2°d public hearing within 30 days • 331/3 no vote notification otherwise a yes vote • grants take about a year • Don't gather support prior to having a plan but be flexible with the plan be willing to change if needed. Brad, Kate, Jim, Bill and Tyler will be the committee for the EIDBID. We need to know how many hours this board donates to the Association. Kate will make up a schedule for people to turn in monthly. INSURANCE .An Insurance policy was written for our Association. Meeting ended at 7:38pm Next meeting December 11, 2000, 5:30pm ~j Z' January 8. 2001 MeetinP TIGARD CENTRAL BUSINESS DISTRICTASSOCIATION Members in attendance: Kate Dormer, Tyler Ellenson, Jon Sundquist, Jim Hendryx, Paul Savory, Brad Smith, Jim Wolf Tigard Police Department (Filling in for Dennis) Bill Wadman, Penny Connor, Alex Tancuan, and Sue Gallant Guests: Mike Marr, Shelly Brown, Carol Mooney, and Tamara Richardson Minute's read and accepted. TREASURER'S REPORT Ending balance of $137.06 Due to the removal of Shirley as Treasurer There is not a current Treasurers Report $4,400.00 profit after promotions Approval for Tyler to receive money he is owed. STREET CLEANUP Next street cleanup is January 20, 01 meet at the Sub Shop at noon, Chuck Connor, Alex, Brad, Sue, Tyler, Mike, & Bill. TIGARD POLICE REPORT Jim Wolf will be attending our meetings in Dennis' place for a few months as Dennis is taking some classes on Monday nights. Crime Reports include, one vandalism, two coin operated machine thefts, shoplifting, removal of some car contents, train vs. pedestrian accident, transient patrol. ODOT cleaned up the area under the bridge. TPD is doing patrols under the bridge on both sides. PROMOTIONS Tigard Daze presentation to City Council on 01-18-01 given by Penny, Jon, Alex, and Bill. The presentation to be given to the board soon. Volunteers and committee heads are the next steps. Banners will be removed on Wednesday. FUDBID Brad made a presentation on the status of the EID/BID. (See attached) Discussion following, administrative assistant instead of actual clerical person, budget Vs income, assessment of multi property owners, motion made and budget accepted. GRANTS Bill has made an application for a grant to fund the lighting for under the bridge. Meeting ended at 7: I Opm Next meeting February 12, 2001, 5:30pm February 12, 2001 Meeting TIGARD CENTRAL BUSINESS DISTRICT ASSOCIATION Members in attendance: Kate Dormer, Tyler Ellenson, Jon Sundquist, Jim Hendryx, Paul Savory, Jim Wolf Tigard Police Department (Filling in for Dennis) Bill Wadman, Penny Connor, Alex Tancuan, Jim Hendryx and Sue Gallant Absent: Brad Smith Guests: Mike Marr, Martha Bishop, Donna Krewsen and Tamara Johnson Minute's read and accepted. TREASURER'S REPORT Ending balance of $1,981.53 See attached Treasurer's report STREET CLEANUP Next street cleanup is February 24, 01 meet at the Sub Shop at noon, Chuck Connor, Alex, Sue, Mike, & Bill. TIGARD POLICE REPORT Jim Wolf will be attending our meetings in Dennis' place for a few months as Dennis is taking some classes on Monday nights. Crime Reports include, someone was living behind American Family Insurance, increased walking patrol between City of Tigard and Tigard Cycle on the new pedestrian path, Scrap it All customers had an issue with a transient following them to their car at midnight and scaring them the transient was arrested. Some issues raised about more stop signs and crosswalk safety, concern about the crosswalk at the Chamber of Commerce building. Park and Ride offender near Razz Ma Tazz. PROMOTIONS Penny passed out handout about the Tigard Blast. (See attached) Tigard Blast, Celebration of Family and Community is the approved new name of the festival. We received $2,000.00 from the Legion from previous event. Budget attached to this agenda. Sergeant Kaufinan, T.P.D. is aware of the parade route. Railroad is aware of the parade route. Fire Department is aware of the parade route. Burnham to 99W and Scoffins to 99W will be open. Penny is going to contact Brian Moore and PGE about a meter box on Commercial that is not being used. Pride is donating 20 cans and several dumpsters. Sponsorship in process. Coast sweeping will donate street sweeping. Rite Aid and BI-Mart notification in process. Vendor letters going out. There is a link to a local radio station being pursued. Need Committee chairs. Tigard Times is doing a press release. We need a name for the festival. We will receive notification from the City of Tigard in May. moll 11119111111R21NE11 IMF NMRMM.A EIDBID We have changed the assessments to "off" & "on" Main Street schedule with a 25% difference. The focus meeting date will be April 5, 2001 7:00pm at The Chamber Building. ALL BOARD MEMBERS NEED TO ATTEND! Key community members have been identified. See attachment to January's minutes. GRANTS Bill has made an application for a grant to fund the lighting for under the bridge. See attachment to January's minutes Bill feel there is a better than 50% chance we will receive the grant. We will know in 50 days. BILL WADMAN See attachment to January's minutes The attachment is a breakdown of Bill's hours for the last few months. Bill reports to Paul weekly. NEW AIEMBERS Kate read the applications from the four potential new members. The four received unanimous votes to be on the board. Kate will notify them. Carole Mooney, Tamara Johnson, Donna Krewsen and Shelley Brown. JIM IIENDRYX gob The parking issue was tabled due to the passive of measure 7. The Council is now moving ahead with previous plans. Should be done in a few months. Jim requests we send the attached letter to Governor John A. Kitzhaber, M.D. in support of Lite Rail, Kate will prepare for all members. Meeting ended at 7:58pm Next meeting March 12, 2001, 5:30pm i i i i Aftkk March 12, 2001 Meeting TIGARD CENTRAL BUSINESS DISTRICT ASSOCIATION Members in attendance: Kate Dormer, Tyler Ellenson, Jon Sundquist, Jim Hendryx, Paul Savory, Bill Wadman, Alex Tancuan, Dennis Dirren, Tamara Johnson, Shelley & Don Brown Absent: Brad Smith, Penny Connor, Sue Gallant, Donna Krewson and Carole Mooney Guests: Minute's read and accepted with one minor change. TREASURER'S REPORT Ending balance of $1,077.28 STREET CLEANUP Next street cleanup is April 21,2001 meet at the Sub Shop at 8:00am - 1:00pm. Street Cleanup then painting of curbs and fire hydrants through City of Tigard. Kate, Tamara, Jim. Paul, Jon, Tyler, & Alex. TIGARD POLICE REPORT Crime Reports include: • Gurus at Health Habit was broken into someone stole cash & the cash register. Entrance was by prying open a sliding glass door. • SW Office Supply had some graffiti. AmhhL 4P Dennis passed out a brochure on Crime and Prevention. Tigard has two motorcycles and two cars for traffic patrol. Crosswalk safety was brought up. PROMOTIONS Every Wednesday meeting at 6:30pm for updates. Entertainment is all arranged. Beer garden Friday @ 5:00pm & Saturday @ 5:00pm or should it be earlier. Discussion. Difficult for vendors to do only one-day discussion on also Sunday 10-5 unanimous approval for Sunday. Objections: can this group handle the three-day event, will vendors make enough money, will just the vendors be enough of a draw for Sunday? When the vendors make money, we make money. Chamber is sponsoring a run on Sunday. Should we do a talent show on Sunday? There will be several booths to benefit TCBDA. EID/RID The focus meeting date will be April 5, 2001 7:00pm at The Chamber Building. ALL BOARD MEMBERS NEED TO ATTEND! All participants have been called, as of today, the letters will go out around the 15th and a follow up call around April 1, 2001. The EID/BID presentation has been given to the City Council and the C.I.T. Public hearing: Enabling Ordinance April 10, 2001 Open House in June Final hearing in July AWL Funding for five years if Council accepts. BILL WADMAN Bill reports to Paul weekly on Tuesdays with updates on what he has been working on. His main focus right now is EIDBID promotions are secondary. Contacting remaining businesses is put on back burner will be proceeding again soon. Need to cut back hours. Bill and Jim are putting a display up at COT regarding TCBDA. NEW MEMBERS Carole Mooney, Tamara Johnson, Donna Krewsen and Shelley Brown. These are our four new members. We welcomed the ones present and introduced our selves and which businesses we own. Tamara was elected treasurer at the February meeting. Need to also do committee assignments. Carole, Tamara, and Donna all are going to do promotions. Shelley will try and help with EIDBID. RM HENDRYX Jim requests we send the attached letter to Governor John A. Kitzhaber, M.D. in support of Lite Rail, Kate prepared for all members to sign. An application has been made for a parking analysis grant and a design grant. Jim voiced concern about the lack of commitment from the entire board. CALENDARS Kate passed out a March & April calendar, please keep track of your volunteer time to TCBDA. Bring the March calendar to the next meeting and Kate will pass out May. We need these for any future grant money we apply for. NEXT MEETING For the next six months we will be meeting at the Chamber Building. Tigard Police is moving into the Water Building as they are having some work done at the Police Station. Meeting ended at 7:03pm Next meeting April 9, 2001, 5:30pm at the Chamber Building. 7 April 9, 2001 Meeting TIGARD CENTRAL BUSINESS DISTRICT ASSOCIATION Members in attendance: Kate Dormer, Tyler Ellenson, Jon Sundquist, Jim Hendryx, Paul Savory, Bill Wadman, Alex Tancuan, Dennis Dirren, Tamara Johnson, Shelley & Don Brown, Donna Krewson, Penny Connor, Sue Gallant Absent: Brad Smith and Carole Mooney Guests: Heidi Henry & Alexander Craighead Minute's read and accepted. TREASURER'S REPORT Ending balance of $2,025.10 See Report (Attached) STREET CLEANUP Next street cleanup is April 21,2001 meet at the Sub Shop at 8:00am - 1:00pm. Street Cleanup then painting of curbs and fire hydrants through City of Tigard. Kate, Tamara, Jim, Paul, Jon, Tyler, & Alex. TIGARD POLICE REPORT No Crime Reports Crosswalk safety was brought up to Sgt. Kaufman. Hopefully going to do a sting in the Affa next few months. The only crime issues were dealing with transients. PROMOTIONS Every Wednesday meeting at 6.30pm for updates. Hayride Company for tree lighting wants a deposit of $100.00 we won't get it back if we cancel. Approved by the board to send the deposit. See attached budget that was passed out by promotions committee. • Penny meeting with sponsors on Mondays & Thursdays. o Jon doing Main Street merchants. • Tamara working with someone about what souvenirs we should use. • Board needs to vote on donation, hospice, local schools, and homeless shelter. • Sponsorship packets going out to potential title sponsors. City may turn the tree lighting ceremony over to us. S Moe's need $1,500.00 10 days prior to the event. ® Need train schedule for security purposes. r National Guard doing all night security. EID/RID The EID/BID focus meeting went well. We need to get the word out about the proposed program. Alexander came to discuss some concerns he has about the EID/BID program. • EID/BID charging twice for same program. • The project list is more appealing to the property owners than to the business owners. • More support from on Main street merchants than from off Main Street. • Benefits more for retail than for productions. • What will I get for my money? • Duplication of projects, i.e. chamber, SBA, PCC. • Shift the program list to doing something physical that is unique to DT Tigard, maybe working with County & or City. • Request from some business owners to change-update-take down the metal signs and flags that are up now. Agreement to wait until passage of EIDBID. The vote was made 7 to change and 2 to take down, if we receive passage. Discussion with Heidi. 1. Contact the people who did not come to the last focus meeting and ask them if they could come to another one. 2. Should we meet with some property owners/business owners individually? 3. Small property owner's negativity won't hurt us as much as large ones. 4. Need to contact top 10 property owners to come to a focus meeting or at least talk to them about their approval. 5. May want to send certified letters for focus meetings. 6. If people say no we have given then multiple opportunities to have meetings with us. 7. City council cares about what citizens think. 8. June 12 is the first City Council hearing. 9. EIDBID committee needs to address the concerns brought up by Jon & Penny. 10. Multiple business licenses in the same business how many BID charges? Agreement to contact the top 10 influential businesses. Shari Mathias, Jerry Cash, Alex Tancuan, Chuck Woodard, Kaufmanns Fly Fishing, Alexander Craighead, Magno Humphries. Crown Carpets, North Star Glass, B&B Litho. BILL WADMAN Bill reports to Paul weekly on Tuesdays with updates on what he has been working on. His main focus right now is EIDBID promotions are secondary. i i JLVI HENDRYX Public hearing: Enabling Ordinance April 10, 2001 Open House in June Final hearing in July 3 Funding for five years if Council accepts. CALENDARS Discussion on calendars and why they are so important. Please turn in March calendar and pick up April. Aft RESIGNATION Dr. Brad Smith has submitted his resignation to the TCBDA board. NEXT MEETING For the next six months we will be meeting at the Chamber Building. Tigard Police is moving into the Water Building as they are having some work done at the Police Station. Meeting ended at 7:28pm Next meeting May 114, 5:30pm at the Chamber Building. 1 t~ Tigard Central Business District Association General Discussion May 14, 2001 Directors present: Tyler Ellenson, Kate Dormer, Dennis Dirren, Jim Hendryx, Sue Gallant, Paul Savory, Bill Wadman Directors Absent: Penny Connor, Jon Sundquist, Alex Tancuan, Shelley Brown, Donna Krewson, Carole Mooney Al! decisions carried over until next meetinx with a Quorum Items Discusse& • EID/BID changes the committee recommends are all businesses at the same address and the same category will only be assessed one BID assessment. Directors present agree with recommendation. • EID/BID committee recommends that there be no membership fee if an EID or BID assessment is paid. • There are several certified letters that came back that Bill is going to hand deliver. • Minutes read but not accepted as no quorum. • Treasures report postponed, as there has been some problems with combining the systems from the previous treasurer and Mike Man:. • Street Cleanup, the only two directors that arrived for the street cleanup was Tyler and Paul. The next cleanup is June 30, 2001 at 8:00am meet at the Sub Shop. The directors that agreed to show up are Jim, Kate and Sue, Paul & Tamara have to check their schedules. • Emailing the property owners and businesses owners with an update of events was discussed. • Crime - No reports for our boundary area. • Promotions: Tamara is going to chair promotions in Penny's absence. Discussion on using an Event planner to carry out Tigard Blast, our board is stressing. Discussion on volunteering vs. monetary compensation. Penny donated so much time we need to keep the momentum rolling. Downtown manager input: • Turn the parking in front of Crown Carpets on Main Street into a right turn only lane for the post office. Write letter to Gus to suggest. • End of June Bill is resigning due to medical reasons. Need to fill that position as soon as possible. • Triangle piece of property on Burnham street for signage. City of Tigard input: • The post office on Main Street is not a full post office, does our Association want to check into making it a full service post office? Adjourned at 7:20pm AML Testimony from Amok June 12, 2001 Tigard City Council Meeting Fran Gritzbaugh 12575 SW Main, Tigard that's where we own property in the Central Business District. I wrote something here because I'm nervous. Mayor: That's fine. Try not to be nervous. Fran: We are property owners in the Tigard Central Business District. We learned that TCBDA consists of a small group of approximately 12 people who claim to represent approximately 300 people in the Tigard Central Business District. From around October 1998 to April 2001, while receiving public funding, this small group of people personally excluded us and possibly others from membership and participation, did not follow their own bylaws by self-appointments to the Board and made decisions and recommendations for the Central Business District without the business community they supposedly represent. To this date we know of no formal membership, and despite numerous requests we have never received any notice of any of their meetings. We ask you tonight, how can an association be made up of a self-appointed board that dab not only excludes people, but has never ever had any members and receives public funding for nearly 3 years. From personal experience, while the TCBDA was our receiving tax dollars, we as property owners of the Central Business District were actually denied the opportunity of attending your private meetings. In May 2001 we were finally told that we could attend the meetings and we did attended one, but that our participation would be limited. We were told that if we did attend the meetings, that we could listen, make comments, but we could not vote. To present the TCBDA has conducted itself like a private, exclusive club and therefore we believe that they should never have received or continue to receive any public funding. Likewise if the EID should go forward it should do so with voluntary funds not involuntary from the business community as we and possibly other people in the Central Business District were left out of the decision-making processes in the first place. I feel so alone, I'm sorry, I talked with Mayor Griffith since I wrote this and thank you for talking with me. He {Mayor] said that the Tigard Central Business District would get back with me about what's happened to us, and they never did. And I just felt that it had to come out in the open and that's why I'm here. I would like to know why we've been excluded, after, it's embarrassing, but we've actually almost pleaded with them that we could join. And I heard Councilor Scheckla one day asking Mr. Ellenson how they picked their Board members and he said [ ] anyone that was interested. I heard that at a Council meeting one day, and I'm sorry to say that it's not true. We've expressed interest for the last 2 years and we have repeatedly asked the president and secretary of the Association if we IME'looll zMe NINE 111111 could join and they have basically told us, I mean they have just come out told us that the meetings are not open to the public and we couldn't attend. And that's why I'm here. I'm sorry to say that, but that's what happened to us. Councilor Scheckla consults attorney Mayor: Did you get your notice that was sent to all the property owners and business owners? Fran: Yes. But I also hear Mr. Ellenson talking tonight about focus groups, and we asked him many times, what focus groups? Why aren't we included? we offered to, we actually helped the Tigard Central Business District Association clean the streets. I told them that I would help them with anything they wanted. I have 20 years computer and office experience. I was told that the reason why they didn't allow us to attend was because they didn't have membership forms. I would have gladly made up a membership form if that was the only reason why we couldn't attend. I had the time and the experience to put that out in 10 minutes if that's all they needed was a form in the last 2 years. When you're publicly funded, you can't exclude people. Conversation between Mayor and Jim regarding membership forms Councilor Patton suggests that the Council excuse with this witness and then allow Tyler to respond. Councilor Dirksen: When you were speaking, you mentioned "we." Is it you and your partner? Fran: My husband and I. Councilor Dirksen: Okay. Do you know, or have you discussed with the other property owners and are there other people in the same situation as you? Fran: Yes. And that was even more painful to us, because we've spoken with other business owners who said that there were several openings on the Board and they've been filled. And this was in the two and a half years that we kept asking "Are there any openings on the Board?" This is a Board with no members and the whole thing just doesn't make any sense to me. Mayor: Thank you Fran. Fran: Thank you. 1AAWCATKACCM010612 GRITZBAUGH TESTIMONY.DOC Response to Issues raised by Mrs. Gritzbaugh By Kate Dormer, TCBDA Secretary • The Board of the Tigard Central Business District Association is unaware of how Mrs. Gritzbaugh was personally excluded from attending association meetings. Whenever asked, information was offered indicating meeting times, dates, and locations. An announcement is made at the end of each meeting as to when and where the next meeting will occur. Numerous Board members have talked to Mrs. Gritzbaugh and personally invited her to the Board's monthly meetings • In response to membership, as stated at the City Council meeting, general membership has not opened up, since the Board feels it has nothing to offer its members at the present time. However, Board meetings are open and anyone interested may attend. • According to page 3, Article VII sections 1 & 2; the Officers of the Board of Directors were elected correctly. Directors of the Association were elected by a vote of those attending the initial meeting. Subsequently, the Board of Directors has annually voted for respective officers when vacancies occur. Section 1. Directors of the Association shall be elected by vote of the membership secret ballot, with a majority of all votes cast being necessary to an election to Office. Such election shall be held at the Association's Annual Meeting. Directors shall take Office at the next meeting of the Board of Directors following the election. Section 2. The Officers of the Association shall be elected to their respective Offices annually by a majority vote of the Board of Directors. Such election shall take place at the first Board Meeting at which new directors take office following the Annual Meeting. • Board members are unaware that Mrs. Gritzbaugh made numerous requests for notices of the TCBDA Board meetings. Formal notice is not provided, however, the Board has met regularly since its creation as the minutes indicate. Persons interested in gaining information about scheduled meetings can ask Board members for the time and place of meetings. Information is readily shared with anyone interested in Board activities. ® The minutes indicate that the Gritzbaugh's attended the January 10, 2000 Board meeting. At the conclusion of that meeting it was announced the next meeting would be January 31, 2000 at 5:30 p.m. Mr. and Mrs. Gritzbaugh did not attend any subsequent meetings. • Tyler Ellenson, TCBDA President, was recently contacted by Mrs. Gritzbaugh with a request for him to provide copies of the by-laws. That request has been fulfilled. Tyler Ellenson had a conversation with Mrs. Gritzbaugh and requested a meeting with her and the Executive Board of Directors to personally address her issues. She declined. ~1 AML • Persons interested in serving on the TCBDA Board are required to fill out a new member questionnaire. Typically they come to a Board meeting to introduce themselves and answer questions on qualifications and interest. At a following meeting after the application is submitted, a vote is taken and the interested parties are notified of the results. No one has been excluded from the Board of Directors, however according to the by-laws, specific criteria must be met as to the makeup of the Board. Directors are required to represent both property and business owners located on and off of Main Street (page 4, article VIII, section 2). The makeup of the Board must follow prescribed mix of property and business owners located on and off of Main Street. • Individual Board members have personally talked with Mrs. Gritzbaugh several times. She was welcome to attend any meeting and give input to whatever was being discussed, as is anyone else interested in TCBDA. The Board has the responsibility for conducting the business of the association and votes on such. Jerold W. Hilary Attomey at Law of Counsel 9250 S.W. Tigard Street Charles J. McClure Tigard, Oregon 97223 Tanya A. Griffin (503) 6394108 *Facsimile (503) 639-3447*hilary@northwest.com July 3, 2001 Tyler Ellenson and Kate Dormer Tigard Central Business District Assoc. Inc. 12420 S.W. Main Street Tigard, Oregon 97223 Re: Bylaws Dear Kate and Tyler, Pursuant to your request, I reviewed your bylaws in regard to the annual meeting, membership, and board of director issues that I understand were expressed at the Tigard city council meeting. Annual Meeting. As you know, the bylaws state that an annual meeting of members is required between January 5 and February 15, and that special meetings may be called by the executive committee or board of directors with proper notice. The annual meeting of members appears to have been properly noticed to the existing members for the purpose of electing the board, though it may not have occurred precisely between the above dates. The meetings that occurred at other times were simply board meetings that would only require notice to the existing board members. These also appear to be properly noticed. I see no merit in any criticism of the board in regard to the holding of meetings. Membershia. As I understand it, the board members are the only association members at this time. The board was criticized for not soliciting additional members and that the primary reason the board did not start a membership drive was because the board first wanted to get the association to a point of having "something to sell" to the local businesses. That makes sense. The bylaws do not require a membership drive other than there is a clause (Article IV - Section 6) about applications by potential members and that new members needed to be approved by a majority vote of the board. I do not see any violation of the bylaws, though I can see the logic that the board probably should have organized the membership process sooner, but that is really a subjective decision that the board has the authority to decide. ' Board of Directors. A related issue was an allegation that the board was approached by individual(s) who may have expressed an interest on being on the board. The bylaws state that filling existing vacant board positions require a majority vote of the existing board (Article VIII - Section 11). It seems that, in the normal course of business, an interested person would either formally approach the board pursuant to a written request or by continued attendance at board meetings. I see no violation of the bylaws, particularly if an interested person makes inquiries ANN, but does not follow up on his or her inquiries. It does not seem reasonable that a potentially 7s,~ AMP& Page 2; July 3, 2001; Tyler Ellenson and Kate Dormer interested person could make an inquiry about board membership and then have an expectation that his or her inquiry would initiate a vote of board membership. And even if it was reasonable to expect a vote, I don't see that as a violation of the bylaws unless an existing board member formally nominates someone and the board didn't follow through on a vote. I hope this helps. Please let me know if you need any clarification. Sincerely, L;'Jerold W. Hilary CO` OF TIG D OREGON June 14, 2001 Mr. Tyler Ellenson Tyler's Automotive 12485 SW Main Street Tigard, OR 97223 Re: Tigard Central Business District Association - EID Formation Dear Tyler: Tuesday evening the City Council heard the presentation of the Tigard Central Business District Association (TCBDA) regarding the formation of an Economic Improvement District. As you are aware, the hearing has been continued to July 10, 2001. In order that the City Council may be prepared to review and eventually act on the request, there are several documents that Council would like to review. In addition,, there were several issues raised by Fran Gritzbaugh that must be addressed. Packet materials for the July 10 meeting are due to the City Manager's office by June 27, 2001. Please work with Jim Hendryx to provide as many of the requested materials to Jim in advance of June 27. Jim will be preparing a Council Agenda Summary presenting the materials. If there are any materials that are not available by that time, I will ask Jim to work with you to make sure that the additional information is in our hands for distribution to the City Council on July 3. Following are the materials that the City Council will require: n 1. A copy of the bylaws for the TCBDA. '4 2. A record of all TCBDA meetings, both those held in the formation stage as 4 well as those held since the Association was formed. It is important that the formation stage record be provided as Councilor Scheckla specifically asked for a record of meetings that will show how and when the TCBDA was formed, the adoption of the bylaws, election of officers, and other meetings dealing with membership. In other words, we need a record of all meetings. AMML 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Mr. Tyler Ellenson June 14, 2001 Page 2 3. A response to each of the issues raised by Fran Gritzbaugh. Ms. Gritzbaugh raised a number of concerns related to the conduct of meetings, compliance with your bylaws, and her request to participate in the Association and on the board. A member of my staff is preparing a transcript of Ms. Gritzbaugh's comments so that you can identify all of the issues raised. As soon as the transcript is available, I will provide it to you. 4. A written legal opinion frorn your legal counsel addressing the concerns raised by Ms. Gritzbaugh that call into question whether the TCBDA has followed its bylaws. 5. Information on the assessments proposed for property owners and businesses in the downtown. Eileen Walsh suggested that the assessments to business owners be based on a formula, rather than on a flat rate. The City Council may benefit from input from the Association as to why the basis for the assessment which you have proposed is preferable to an option such as suggested by Ms. Walsh. Council has also requested business tax information, which will be supplied to it by the City's Finance Department. Please call if you have any questions regarding the request for information. Jim Hendryx will be available to assist you in compiling a complete packet of information for Council review. Sincerely, William A. Monahan City Manager c: Jim Hendryx Mayor & City Council Aft 17 Agook Information on Assessments In response to the question of having assessments be voluntary or involuntary, the Board chose to make the assessments involuntary so we could have stable funding to operate. Voluntary assessments can result in unstable funding. Another question was raised regarding having assessments for businesses based on a formula verses a flat rate. This issue was discussed by the Board and it was concluded that a flat rate was simpler to administer then developing an assessment based on square footage, number of employees, etc. The Association held an information meeting on June 28, 2001, inviting all property and business owners within the TCBDA boundaries. Approximately 380 invitations were mailed and approximately 20 people attended. As a result of the meeting, assessments are being modified to reflect the concerns raised by those in attendance. Originally, the assessment provided a 250/o differential for property and business owners located on or off of Main Street. This has been changed to a 50% differential. Businesses would be assessed either $100 or $200 annually depending on their location. Property owners would be assessed by acreage, also depending on their location. Property assessments range from $100 to $900 annually. We are refining the property assessments further to recognize acreage that is unbuildable (wetlands). Details will be presented at the Council meeting on July 10`'' U